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Review Of Safe Countries Of Origin In Context Of International Protection To Be Announced Today.
The Minister for Justice Mrs Helen McEntee TD is expected to announce the outcome of a review of Safe Countries of Origin in the context of international protection this afternoon at 1:00pm.
A safe country of origin is defined as a country where, on the basis of the legal situation; the application of the law within a democratic system: the general political circumstances, it can be shown that there is generally and consistently no persecution; [as defined in Directive 2011/95/EU (Recast Qualification Directive)], no torture or inhuman or degrading treatment or punishment; and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
The announcement of the outcome of review of safe countries of origin, will be made at the Courtyard, Government Buildings, Merrion St. Upper, Dublin 2, [D02 R583].
  
Today, Saturday January 27th the United Nations General Assembly designated this date January 27th; the anniversary of the liberation of Auschwitz-Birkenau, as International Holocaust Remembrance Day, a time to remember the six million Jewish victims of the Holocaust and the millions of other victims of Nazi persecution.
The Holocaust was the genocide of European Jews during World War II. Between 1941 and 1945, Nazi Germany and its collaborators systematically murdered some six million Jews across German-occupied Europe, around two-thirds of Europe’s Jewish population.
The murders were carried out primarily through mass shootings and poison gas, in extermination camps, chiefly Auschwitz-Birkenau, Treblinka, Belzec, Sobibor, and Chełmno in occupied Poland. Only a few Holocaust perpetrators faced criminal trials.
Sadly, at this present time here in Ireland and indeed world wide, we are witnessing the alarming rise of anti-Semitism. Indeed it is now more important than ever for us to recognize the critical lessons of Holocaust history, as we commemorate, today, the victims and honour those who survived.
“Collective fear stimulates herd instinct, and tends to produce ferocity toward those who are not regarded as members of the herd. Most of the greatest evils that man has inflicted upon man have come through people feeling quite certain about something which, in fact, was false.“ – Quotes by Bertrand Arthur William Russell, (British mathematician, philosopher and public intellectual).
If we want to live in a better world, we start now; by not discriminating against our fellow man any more.
- Internal governance within An Garda Síochána to be enhanced, with the establishment of a new Garda Board.
- Applications sought for Chairperson and eight ordinary board members.
The Minister for Justice Mrs Helen McEntee TD has today encouraged suitably qualified candidates to submit expressions of interest for membership of the new Garda Board.
A State Boards process to appoint a chairperson and ordinary members to the new Board has opened today. It will close at 3:00pm on Thursday February 15th next, 2024, and further details regarding the positions can be found HERE.
This new board is provided for in the ‘Policing Security and Community Safety (PSCS) Bill‘, which passed all stages of the Seanad on January 24th last. The Bill provides that the members of the Garda Board will be appointed by the Minister for Justice, from persons recommended by the Public Appointments Service as suitable, following an open selection process.
Speaking today about the establishment of the new Board, Minister McEntee stated: “The formation of this Board is a very important component of the new legislation. It will strengthen the management and internal governance of An Garda Síochána.
It will not have any role in relation to operational matters, as is the case with such boards generally. However it reflects the fact that a non-executive board is a corporate governance standard in the public and private sectors”.
The Bill has been developed based on the recommendations of the Commission on the Future of Policing in Ireland and will provide a new coherent governance and oversight framework for policing that will strengthen An Garda Síochána.
The establishment of the new Garda Board is an important element of this new framework.
The Board will be a non-executive governance board, comprised of a chairperson and eight ordinary members, with a range of important governance functions. Membership will comprise independent-minded, experienced professionals in their respective fields.
The new board, through the corporate and governance expertise and external perspective of its members, will provide practical support along with a robust, constructive challenge to the senior leadership team in An Garda Síochána.
The Minister continued: “An Garda Síochána is carrying out some of the most critical functions of the State.
This Board will support it to anticipate and respond to changes in the ways in which policing will need to be delivered in the coming decades. It will also provide assurance to the Minister of the day, in relation to internal governance and risk management and mitigation.
The Board will also support the Garda Commissioner by ensuring that the organisation has the most appropriate systems, processes and procedures in place to deliver a top class policing service in the State. It is not a however a substitute for robust external oversight of An Garda Síochána, and will in no way dilute the work of the new external oversight body to be established under the Bill – the Policing and Community Safety Authority – which will build on the good work done by the Policing Authority and the Garda Síochána Inspectorate”.
The Garda Commissioner will continue to be required to keep the Minister and the Secretary General of the Department informed of significant matters, and to account to the Minister and Government for the provision of policing and security services by An Garda Síochána.
The Minister further highlighted the importance of this new Board, which will be accountable to the Minister for its performance, and she has encouraged people with relevant experience and expertise to apply for these important roles.
A male victim, deemed totally innocent, having absolutely no involvement in crime; who was shot six times, as he sat in his Ford Mondeo car outside his Dublin home, just after 5:00pm on December 22nd 2016; died from multiple gunshot injuries to his head, chest, arm and abdomen; State Pathologist Dr Linda Mulligan has informed the three-judge non-jury Special Criminal Court.
Mr Michael Crotty, aged 40 years, with an address at Slí Aonghusa, Aras na Rí, Cashel, Co Tipperary, has pleaded not guilty to the charge that between October 20th 2016 and December 22nd 2016, within the Irish State and with knowledge of the existence of a criminal organisation, did participate in, or contribute by activity, or by being reckless as to whether such participation or contribution could facilitate the commission by a criminal organisation or any of its members of a serious offence: to with the murder of Christopher (aka Noel) Kirwan, contrary to Section 72 of the Criminal justice Act.
Dr Linda Mulligan who examined the body of the murdered victim, Mr Christopher Kirwan, within 24 hours after he was shot dead, identified eight separate injuries. These injuries were caused by six gunshot wounds with one of the bullets entering the right side of Mr Kirwan’s chest, damaging the aorta, (latter the main artery transporting blood from the heart), before travelling onward to further damage the lower lobe of his left lung, causing further bleeding and lung collapse.
Further gunshot wounds, included the area of the victims chest; his abdomen, and his head; latter entry point located just below the right eye, travelling in a downward angle, together with two punctures to the right arm causing further blood loss; again contributed to the victims death. Toxicology tests on the victim were found to be negative for both drugs and excess alcohol.
The accused, Mr Crotty, stands on trial before the Special Criminal Court accused of facilitating Mr Kirwan’s murder, by topping up a mobile phone on behalf of Mr Sean McGovern, latter not as yet currently before the court.
Mr Sean McGovern, who was one of the men injured during the attack at the Regency Hotel in 2016, has been named in the Special Criminal Court, as a significant figure acting in a leadership role from within the Kinahan organised crime group.
The prosecution alleges that Mr Crotty purchased a mobile phone credit, at a Spar shop in Naas, Co Kildare, on December 21st, 2016. Same was purchased on behalf of the aforementioned Mr Sean McGovern; an acquaintance of Mr Crotty for some years; the latter having made this phone credit purchase, in the knowledge that it would be used, in the commission of the serious crime of murder.
The prosecution intends to call evidence that Mr Kirwan’s movements were being monitored by a tracking device that had been attached to his motor vehicle.
The attack at the Regency Hotel, Whitehall, Dublin, where the Irish criminal Mr David Byrne was shot dead and a number of others injured, when gunmen opened fire during a boxing weigh-in in 2016, is understood to form the background to the unfortunate death of Mr Kirwan.
The Minister for Justice, Mrs Helen McEntee TD, has announced plans for legislation to further strengthen the State’s ability to seize criminal assets.
Giving details of a Proceeds of Crime (Amendment) Bill 2024, which will make significant changes to the Proceeds of Crime Act, the minister said that following Cabinet approval, she expected the Bill to be drafted and brought before the Oireachtas this year.
Noting that the Bill will strengthen the ability of the Criminal Assets Bureau to target the proceeds of crime, the Minister said: “Last year, over 600 asset profilers worked tirelessly, all over the country, in different Garda divisions, operating as the eyes and ears of CAB.
Their job is to deliver first-hand knowledge of criminality in their local areas. Now, this new Bill will ensure that when, on foot of their great work, a Court determines property is the proceeds of crime, immediate action can be taken to ensure that the holder immediately loses the benefit of it. It also speeds up the process to dispose of the asset for the benefit of the State.
As it stands presently, once the High Court has determined that an asset is a proceed of crime, it can take at least seven years before it may be ultimately confiscated. This proposed Bill will reduce that period to two years.
We know crime has no respect for national borders which is why I am pleased that the Bill will also see improved information exchange powers between CAB and law enforcement agencies in other jurisdictions.
Provisions such as these send a message to those involved in organised criminality that they will not be allowed to enjoy the profits of their illegal activity, and it will show communities that we take organised crime extremely seriously”.
Between 1996 and 2022, the Criminal Assets Bureau (CAB) denied and deprived criminals of over €210 million worth of assets, that were returned to the Exchequer. Of this latter sum, €35.5 million was under the proceeds of crime legislation.
Referring to CAB’s success, Minister McEntee noted: “The Criminal Asset Bureau (CAB) has been a vital tool in our arsenal in the fight against organised crime. It hits criminals where it hurts; in their pockets by targeting the ill-gotten gains through criminal conduct.
This Bill will support CAB further in its important work. That is why I am pleased to be able to publish it and as I do, I would like to take this opportunity to again acknowledge the hard work and dedication of Chief Bureau Officer Mr Mick Gubbins and all of the staff and agencies involved in CAB.”
The Minister also highlighted the work her Department has also made in reinvesting the proceeds of crime, in tandem with the work of CAB.
In 2021 the government established the Community Safety Innovation Fund, which reinvests proceeds of crime, returned to the Exchequer by CAB, back into communities to fund innovative local projects aimed at building stronger, safer communities.
Under Budget 2024, €7.9m will be allocated towards community safety initiatives, including €3.75m for the Community Safety Innovation Fund, which is an increase of almost €1 million on last year.
Minister McEntee said: “Putting this money back into the community is a really tangible way of showing that there can be a direct link between the activities of law enforcement and improved feelings of community safety.
It is vital that we empower our communities to proactively address safety concerns and in the process, build stronger, safer communities and I’ve said consistently that the people who are best placed to know and respond to local safety issues are communities themselves.
This fund reflects the continued successes of An Garda Síochána and the Criminal Assets Bureau seizing the ill-gotten gains of criminals and I was delighted that we were able to increase the size of this fund under Budget 2024″.
Following Government approval, the General Scheme of the Bill will now be forwarded to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny, in accordance with Dáil Standing Order 173.
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