Law - Thurles Information

Policy Paper On Restorative Justice Published.

The Minister for State with responsibility for Law Reform and Youth Justice, Mr James Browne T.D., has today published the Department of Justice’s policy paper on Restorative Justice.

The Programme for Government Our Shared Future makes the commitment to “work with all criminal justice agencies to build capacity to deliver Restorative Justice, safely and effectively”. Publishing this policy paper, entitled Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system, works toward fulfilment of this pledge.

Publishing the paper, Minister Browne said; “This policy paper is a culmination of a body of work carried out by the Department since the 2020 Programme for Government was published. At the same time, it signposts the next steps for continuing to ensure the safe and effective delivery of Restorative Justice initiatives, and sets out a roadmap for present and future attainment of the highest standards in this area.
In light of the clear and positive benefits of Restorative Justice to victims, offenders, and the State, and mindful of the opportunity to increase current levels of provision of Restorative Justice services, the path forward that this paper identifies – to strengthen existing capabilities within current structures – provides the best prospect to make the most significant impact with the greatest efficiency.”

Restorative Justice aims to enable all those affected by an offence to participate actively in repairing the harm done and to find a positive way forward. Restorative Justice is now legislated for, and widely used, in many countries throughout the world. In Europe, a recent legal framework supports making Restorative Justice available with all offences and at all stages of the criminal justice process.

Most recent figures for Ireland, prepared by Restorative Justice Strategies for Change (RJS4C: Ireland), estimated that the total number of Restorative Justice cases reported was 1,056 in 2020. While initial figures have been produced for 2022, they do not yet include youth cautions. After removing youth cautions from the relevant previous year figures, while they show a slight increase for 2022 (413) based on 2021 (395) and 2020 (340), they are significantly down on the 2019 figure of 721.

Minister Browne further stated: “It is reasonable to conclude that Ireland is yet to use Restorative Justice to its maximum potential, and that the use of this process would increase greatly if it is more widely available. To that end, the very title of this paper is indicative – Promoting and supporting the provision of Restorative Justice at all stages of the criminal justice system. And, at all stages, our unwavering commitment to continued improvement, toward achievement of this goal, will remain.”

Irish Prison Service To Be Established As Statutory State Body.

Government approves drafting of Bill to establish Irish Prison Service as a fully-fledged State body with a non-executive Board and other best practice governance and support structures.
General Scheme of the Irish Prison Service Bill 2023 will establish the IPS and its Director General on a statutory basis with defined functions including providing safe and secure custody, upholding human rights, and supporting prisoner rehabilitation.
Minister says work ongoing to Deliver 400 Extra Prison Spaces for 620 Prisoners – a 13.8% increase in bed capacity.

The Minister for Justice, Mrs Helen McEntee TD, today announced that she has secured Government approval to publish the General Scheme of the Irish Prison Service Bill 2023, and for her Department to commence work with the Office of Parliamentary Counsel on drafting the Bill.

The Irish Prison Service (IPS) is currently a non-statutory executive office of the Department of Justice. At present, the IPS has over 3,500 staff, an annual budget of more than €420 million, and an average of approximately 4,700 prisoners in custody on a given day. The IPS is a crucial part of the criminal justice system, with a very substantial duty of care to prisoners and staff alike and a significant role to play in making communities safer through a rehabilitation-oriented approach to prisoner management. In common with other public bodies, the IPS must also meet an increasing array of governance obligations along with the service and capacity challenges generated by population growth.

The proposed Irish Prison Service Bill will establish the IPS on a statutory footing with defined functions and responsibilities and with oversight and support from an independent non-executive board. Further support will be provided by a dedicated audit committee and by other expert committees as required. These new structures will provide the IPS with expert guidance and oversight in implementing the Government’s penal policy reform programme, in managing capital projects and in ensuring the highest standards of governance and accountability in the prison system. This will complement the primarily human rights-focused oversight already provided by external entities such as the Inspector of Prisons, the Prison Visiting Committees, and the European Committee for the Prevention of Torture (CPT). The draft law also provides that the IPS will provide prisoners with services and activities to support the health, self-respect and spiritual, moral and mental well-being of prisoners. It also provides that provide prisoners with educational, training and other developmental opportunities to enable them to spend their time in prison constructively and preparing to lead law-abiding and purposeful lives following release.

The Minister for Justice will continue to provide policy direction and to approve overarching corporate strategy and capital investment. The Bill will also formalise the Director General’s accountability to the Minister for the overall management of the prison system. This will include accountability for implementing the IPS multiannual strategic plan, annual business plan and governance framework, all of which will be placed on a statutory footing. The Minister will remain in charge of capital expenditure within the IPS, and any decision to open or close a prison will be made by the Minister.

Commenting on this important milestone, Minister McEntee said: “The Government has approved the drafting of a Bill to establish the Irish Prison Service on a statutory basis with new and enhanced governance and accountability structures.
A safe, secure and progressive prison system is a cornerstone of any well-functioning democracy. In Ireland we are fortunate to have a prison service with so many committed staff who work day-in, day-out to provide prisoners with opportunities for rehabilitation and self-development while also ensuring an orderly and disciplined prison environment. Through the provision of educational, training, employment and psychological services, we can reduce the level of re-offending and improve overall community safety.
The Bill will cement the position of the IPS as a State body with defined functions, provide it with best practice governance supports, and set out clear lines of authority and accountability for the management of the prison system. This will include establishing the position of IPS Director General as a statutory office with formal authority and accountability to match the responsibilities of the role.
This Bill will help to ensure that the IPS is best positioned to fulfil its mandate and to meet future challenges, including its role in the effective management of prison numbers, resources and penal policy reforms. Ultimately this will help to shape better outcomes for prisoners, staff and communities alike.”

The Minister also said she intends to prioritise the need for additional prison spaces because of significant population growth in recent years, as well as planned population growth in the coming years. It also arises due to increases in judicial resources and increasing numbers of Gardaí.

The Minister continued : “We are working on a plan to deliver 400 extra prison spaces across 4 different prisons. This will provide space for 620 additional prisoners across the prison estate. These additional spaces will be delivered in Castlrea, Cloverhill, the Midlands and Mountjoy prisons. It is important that the size of the prison estate keeps up with population growth, as well as increasing judicial and garda resources.”

Courts & Civil Law (Miscellaneous Provisions) Act 2023, Now Commenced.

Children Born in Ireland Can Now Apply for Citizenship After 3 Years, Reduced from 5 Years.
Deportation orders can be issued, without the option for voluntary return, where a person is a threat to national security or convicted of a serious offence.

Minister for Justice Mrs Helen McEntee TD has commenced the majority of the provisions of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, with effect from 31st July. The Act contains wide-ranging legislative amendments which will help improve access to justice and make civil processes more efficient, streamlined and people-centred.
The Act contains amendments to matters including Irish nationality and citizenship, court offices, bankruptcy, international protection, data protection, immigration and legal services.

The residency requirement for children born in Ireland, who are of a different nationality, to apply for citizenship has now been reduced from five years to three years.
Since the Citizenship referendum, which was enacted in 2004, children born to non-Irish residents in the State have an automatic right to Irish citizenship only if one of the parents is an Irish citizen or is entitled to be one.

Minster McEntee said: “I am delighted to commence this legislation which reduces the amount of time a child, who was born in Ireland, but doesn’t have automatic citizenship must be resident here before being eligible for naturalisation. The reduction to three years will provide comfort and certainty to children and their families and enable our young citizens to flourish and fully participate in Irish life.”

Persons convicted of serious offences can now be served with a deportation order without the option of leaving the State voluntarily, which will also have the effect of preventing their return to the State.

Minister McEntee said: “Where a person is being removed from the State, having been convicted of a serious crime, or where they are a threat to the security of the state, they will no longer have the option to depart the country voluntarily. This means they cannot evade deportation from the State and cannot return to the State once deported. This is an important change that will strengthen the role of our immigration legislation in relation to public safety.”

The legislation also amends the Immigration Act 1999 to allow immigration authorities to serve documents electronically. This will allow for people to be contacted about their immigration decisions under the Act by email or through a customer portal where applicable. There have been many examples where people have changed their address and may not have notified the Department, making them hard to reach by post. This change will enable the Department to send important notices, including deportation orders, even when a person may have moved.

While electronic service is not intended to fully replace other modes of service already provided for under current legislative provisions, it will allow more flexibility and efficiency for customers. The changes will also support ongoing modernisation of the immigration service delivery, including the introduction of a digital customer portal that will be rolled out over the coming years.

Minister McEntee said: “It is important that our immigration system is fair, balanced and rules-based. Where a person has a right to international protection it is important that that person can be granted international protection as quickly as possible. However, when a person’s immigration application has been denied, and where their avenues of appeal have been exhausted, it is important that the person is returned to their home country as quickly as possible.
The amendments to the International Protection Act will reduce administrative burdens and improve the digital services available to customers. If for example, a person has changed address but not notified the Immigration Service, we will be able to issue that immigration decision by email.”

The Act introduces a number of changes to increase efficiencies in the Courts Service. It provides for the establishment of a centralised office within the Courts Service to administer the summoning of juries, increasing the efficiency of this process. This will be complemented by the Court Service’s ongoing rollout of its modernisation programme, including their online customer portal which allow people to respond to their jury summonses online rather than by post.

The legislation also enables the Courts Service to designate any court office as a centralised office for the purpose of carrying out specified court business exclusively or in addition to a local office.

Amendments to the Legal Services Regulation Act 2015 paves the way for the introduction of partnerships between solicitors and barristers or between barristers and other barristers. This is a key development in the modernisation of how legal services can be provided to consumers, private or enterprise, on a more competitive basis. Barristers and solicitors will be able to jointly provide legal services for the first time, increasing the range of services and expertise available to their clients.

Minister McEntee said: “Having in place administrative processes that are fast, efficient and simple to navigate is essential to improving access to justice for our citizens.
The amendments I have commenced today across a range of civil areas will simplify and improve the legal processes, as people go through what are often personally challenging and stressful situations.”

Tipperary Traveller Family Found To Be Living In Wretched Circumstances.

Yesterday, High Court judge Ms Justice Marguerite Bolger has described claims that a Tipperary traveller family of six, have been living in a one-berth caravan and sleeping in a car for months, as being both “wretched” and a “very unsettling situation.”

Ms Justice Marguerite Bolger has granted lawyers, acting on behalf of Mr John and Mrs Nikita McInerney, together with their four young children, permission to bring a High Court challenge against Tipperary Co Council in the handling of the families accommodation situation.

The McInerney traveller family maintain that they had been living at the side of the road near Toomevara, Co. Tipperary for some months, but having being moved on, they are currently located at the Springfort Retail Park, in Nenagh and have since been informed by An Garda Síochána they must immediately vacate same location as well.

The family now fear that they may be prosecuted by An Garda Síochána, and have their vehicles; namely their car and a one berth caravan, used to sleep in, seized, rendering them without a roof over their head.

The McInerney family had spent some time previously in emergency accommodation, and in their High Court action, have claimed that since May they have been precluded by Tipperary Co. County Council from obtaining hotel accommodation, as the Council claim that they are only provided with funds that partially cover the cost of B&B accommodation.

In court yesterday Mr Colm O’Dwyer SC, with Mr Sean Betty BL, instructed by solicitors for the Free Legal Advice Centres (FLAC) described the Co. Council’s policy towards the McInernery family as being rigid, inflexible and not meeting his clients’ basic needs.

Counsel for the McInerney family said that the current caravan accommodation was totally unsuitable, and the Gardai had also informed the family that they must vacate the area of the retail park.

Tipperary Co. Council had offered his clients, (latter in receipt only of social welfare), just €100 per night towards the cost of B&B accommodation, which remained insufficient; with the cost of B&Bs more than what they have been grant aided by the Council.
For a variety of reasons the family find it difficult to get emergency accommodation due: (1) To their family size; (2) Places contacted being filled by tourists: (3) Prices being charged exceeding grant aid from the Co. Council; and finally (4) It has to be remembered that their children are due and required to return to school come the end of this summer holiday period.

Counsel for the McInerney family said that the council’s current decision amounts to a breach of the McInerney families constitutional and ECHR rights, and the local authority’s obligations, under the 2014 Irish Human Rights and Equality Act.

While encouraging both sides to work together to resolve this situation; Ms Justice Bolger said that while noting the council’s response to the McInerney family’s current situation, the situation remained unsatisfactory from both parties’ point of view. She further stated; before adjourning the case to a date in September next, that the matter was indeed urgent, and expressed the wish to have both arguments, placed before the court ASAP.

Fatal Road Traffic Collision Between Articulated Lorry & Van In Co. Tipperary.

Gardaí and emergency services, sadly, attended the scene of a yet another fatal road traffic collision, between an articulated lorry and a van in Co Tipperary. The incident took place mid-morning, on the N24 Cahir-Clonmel Road, between Barne Lodge and Condon’s Cross, at approximately 10:40am.

Sadly, the driver of the van lost his life at the accident scene.

A technical examination of the scene was undertaken and the road, which is the main Limerick to Waterford road remained closed with local diversions in place causing an unavoidable huge build-up of traffic due to large vehicles attempting to traverse narrow roads.

Gardaí continue to appeal to anyone who may have witnessed this collision to contact them. Road users who may have camera footage and/or were travelling on the N24 this morning, between 10:00am and 10:45am, [July 31st 2023] are being asked to make all camera footage available to the investigating Gardaí.

Clonmel Garda Station may be contacted directly on Tel: 052 617 7640. Witnesses may also contact Gardaí on their Confidential Line Tel: 1800 666 111, or via any Garda station.