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Gardaí are understood to have seized cannabis plants with a street value estimated to be in excess of half a million Euros, following a search operation carried out in north Co. Tipperary yesterday evening, July 25th, 2022.
Shortly before 8:00pm yesterday, Gardaí conducted a search of a premises in the area of Lorrha village, at the northern tip of Co. Tipperary; before locating a cannabis grow-house situated on the property.
A significant number of cannabis plants, together with other recognisable drug dealing paraphernalia, were discovered during the Garda search; same conducted as part of Operation Tara; using officers attached to the Nenagh Garda District.
However to date, no arrests have been made, as investigations continue.
The State has informed the Court of Appeal that a five-and-a-half-year jail sentence, latter imposed on a Tipperary resident caught with over €1 million in cash and drugs, was too lenient.
Mr James Curtis, aged 51 years, with an address at Reiska, Kilcommon, Thurles, Co Tipperary, had been sentenced in October last (2021), at Nenagh Circuit Criminal Court.
The court heard that while serving a suspended sentence, under the cover of darkness, Mr Curtis was discovered near a wood, close to his home, in possession of a potato bag containing 5kg of cocaine. The court further heard that Gardaí had also discovered €41,000 in cash and a further 4.25kg of cocaine, in a barrel buried in a field; together with a plastic shopping bag containing €336,000.
Mr Curtis had pleaded guilty to possessing €647,000 worth of cocaine for sale or supply, (contrary to Section 15 of the Misuse of Drugs Act). He also pleaded guilty to being in possession of €376,550, knowing or being reckless as to whether the money was the proceeds of criminal conduct. He had been jailed for five and a half years.
Yesterday, at the Court of Appeal, Mr Thomas O’Malley (Senior Council for the State), said the sentencing judge, Mr Justice Cormac Quinn, had erred in principle. Mr O’Malley claimed that the sentence was too low and unduly lenient, since Mr Curtis was already on a suspended sentence for a similar offence and his sentence therefore should not have been less than 10 years in prison, despite his admitting to the offence.
The matter has now been adjourned until Friday next, when the court should be in position to give a further judgement.
- US State Department notes ‘significant efforts’ made by Ireland to combat trafficking and support victims.
- Recommendations to revise Ireland’s National Referral Mechanism and publish a new National Action Plan are already significantly advanced
The Minister for Justice, Mrs Helen McEntee TD, today noted Ireland’s upgrading in the ‘Trafficking in Persons’ (TiPs) Report 2022, and welcomed the significant progress An Garda Síochána and her Department have made to combat human trafficking and support victims. This recent progress has been acknowledged and reflected in the report from the US State Department which saw Ireland’s ranking upgraded from the Tier 2 watch-list.
Significant developments in 2021 taken into account by the US State Department when assessing Ireland include:
- The first convictions, in September of last year, for human trafficking.
- Government approval for the creation of a revised National Referral Mechanism to make it easier for victims of trafficking to come forward, be identified and access support;
- The development of a new National Action Plan on Human Trafficking; and
- An increase in funding dedicated specifically to supporting victims of trafficking, and for public awareness and prevention efforts
In addition, Minister McEntee noted that work being advanced by her Department over the past 12 months progressing the revised NRM and the new Action Plan on Human Trafficking, and which is nearing completion, will make a substantial difference to the identification and protection of human trafficking victims in Ireland. These reforms are reflected in key recommendations made in the TiPs Report.
Minister McEntee said, “Human trafficking is an exploitive crime that preys on the vulnerable. I have been clear that there is no place for it in our society. We know vulnerable people are trafficked into Ireland for exploitation reasons, including sexual exploitation, forced labour and forced criminality. We are confident that the victim-centred policy approach we are taking will, most importantly, encourage more victims to come forward and get help and support, but this in turn, should help us gather the information and evidence needed to strengthen prosecutions and convictions. There are two further areas in particular that my officials are progressing, and which we hope to see reflected in the next TiPs rating. The first is work ongoing in relation to a proposed new National Referral Mechanism. Next week I will seek Government approval to publish the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022, which, among other things will put a revised NRM on a statutory footing. This will also provide a formal role for civil society groups that support victims to be part of the formal identification process. This new approach will make it easier for victims of trafficking to come forward, be identified and access advice, accommodation and support. Work is also advancing on the development of a new National Action Plan on Human Trafficking. Following a further round of stakeholder consultations, the plan will be finalised and submitted to Government for approval in the autumn.”
In addition to engaging with the TiPs process, Ireland continues to work actively with all our partners in multilateral international organisations who are active in tackling human trafficking, including the Council of Europe’s Group of Experts on Action against Trafficking (GRETA), the Organization for Security and Co-operation in Europe (OSCE), the UN and the European Union. These organisations periodically conduct country visits and make recommendation for areas of improvement.
Furthermore, the enactment of the legislation to establish the revised NRM on a statutory footing and the implementation of the draft commitments for action in the Action Plan on Human Trafficking should help improve Ireland’s ranking further in future reports.
The TiPs Report is the US Government’s principal diplomatic tool to engage foreign governments on human trafficking and it rates States in a three-tier system based on their perceived efforts to acknowledge and combat human trafficking.
Ireland was downgraded to Tier 2 watch list in 2020, and has now been upgraded to Tier 2 with the US State Department noting the government is “making significant efforts” in this area.
Among the areas highlighted are the increased number of convictions secured, the increased number of potential trafficking victims identified during inspections, and work on the expungement of convictions for selling sex, many of which may have involved victims of trafficking.
The Minister notes the references to the fishing industry in the 2022 report. All allegations of human trafficking in the industry are fully investigated by An Garda Síochána and files submitted to the Director of Public Prosecutions. AGS report that the DPP has so far decided not to prosecute in all cases, deeming the necessary threshold of evidence to show human trafficking – as distinct from exploitative work practices – has not been met.
The Minister notes with concern the statement in the 2022 TIPs report that ‘Traffickers subject Irish children to sex trafficking within the country’. The Minister is not aware of any evidence of this, either from the report or otherwise, but would point out that under Children First legislation and guidance Ireland has:
- Mandatory reporting for certain ‘classes of persons’ to report child abuse concerns; and
- Tusla and AGS have an agreed Protocol and reporting procedures for child protection and exploitation matters.
Any suspicions of child trafficking for sexual abuse – including any evidence that comes to the attention of any voluntary organisation – should be reported immediately to An Garda Síochána.
Minister McEntee added, “We are united in our commitment to supporting victims, and to prosecuting those who take advantage and profit from their misery. The mass movement of people across Europe over the past four months has served only to concentrate minds and deepen our resolve to help. Ireland is determined to play its full part in providing safe refuge for the people fleeing from Ukraine and the Irish people have afforded a warm welcome to more than 40,000 people so far. However, we are also mindful that some will view it as an opportunity to deceive and exploit. The Zero Tolerance strategy, the third national strategy on domestic, sexual and gender-based violence which I launched last month contains an action to identify linkages between the implementation plan accompanying the Strategy, and the National Action Plan on human trafficking, as well as ensuring actions to prevent prostitution and combat trafficking for sexual exploitation are addressed in an integrated manner”.
The Minister for Justice, Mrs Helen McEntee TD, has yesterday welcomed the opening of the 2022 campaign for the position of Recruit Prison Officer in the Irish Prison Service. Minister McEntee is urging people, especially those in minority and new Irish communities, to consider the Irish Prison Service as a career.
The competition is being run by the Public Appointments Service on behalf of the Irish Prison Service. The Irish Prison Service intends to recruit up to 144 Recruit Prison Officers in 2022 with an additional 200 in 2023.
Minister for Justice, Mrs Helen McEntee said, “I am delighted that the 2022 Recruit Prison Officer competition has now opened, allowing people the opportunity to join this front-line service. Being a Prison Officer is a very challenging and rewarding role. Prisoners will look to you, as the most accessible people they have in their lives, as figures of authority and also as people to learn from. You will have the opportunity to help prisoners see their time in custody as an opportunity to change their lives for the better and as a fresh beginning. As a Prison Officer you will be best placed to provide corrective experiences and demonstrate a good way of behaving”.
The last recruitment competition was held in early 2019 and classes have continued right throughout the pandemic. The 2022 Recruit Prison Officer Competition is open until Thursday 4th August 2022 at 3:00pm.
Ms Caron McCaffrey, Director General of the Irish Prison Service added, “The 2022 Recruit Prison Officer competition is very much welcomed and demonstrates our commitment to expanding our workforce. The role of Prison Officers can be both challenging and rewarding and our training will provide applicants with a greater understanding of the complex role a prison officer will face, which combines the provision of safe and secure custody, with care and rehabilitation of our prisoners”.
Information on the competition can be found by visiting the Public Appointments Service website HERE.
The Minister for Justice, Mrs Helen McEntee TD, has today announced that she is amending her approach to the forthcoming Incitement to Hatred and Hate Crime Bill – the Hate Speech and Hate Crime Bill – to make it easier to secure prosecutions and convictions for crimes motivated by hatred.
The new law will legislate for hate crimes by creating new, aggravated forms of certain existing criminal offences, where those offences are motivated by prejudice against a protected characteristic. It will also update the previous 1989 legislation on hate speech to reflect the current context more accurately; including online hateful content.
Minister McEntee will now include a ‘demonstration test’ in the investigation of hate crimes which will be an additional/alternative test to the ‘motivation test’ as previously outlined in the General Scheme of the Bill, which was published in 2021.
The changes reflect Minister McEntee’s determination that the law is effective and victim-centred – and will result in prosecutions where serious crimes are committed. This was echoed by the Joint Committee on Justice during pre-legislative scrutiny of the Bill, and by key stakeholders that the Minister has consulted with.
Minister McEntee said: “This is a hugely important piece of legislation which will tell victims of hate crimes that we are determined to help them, and will also let perpetrators know that they will be punished for spreading hate, prejudice and division.
I know how much it means to many groups that we get this legislation right – that it is an effective law which An Garda Síochána will be able to prosecute, and which will allow convictions be secured in the courts.
That is why we must make sure that the Bill is victim centred and effective, and that is why I am making these changes. We must get this Bill right, and it is my intention to publish the full Bill in early September and enact it by the end of the year”.
A motivation test for hate crime requires proof of someone’s subjective motivation for committing an offence – what was in their mind at that exact moment. However, the Minister has now concluded that motivation alone in proving hate crime offences can be difficult to establish and therefore might not result in a conviction.
A demonstration test means simply that a perpetrator demonstrates hatred towards a member of a protected group/characteristic at the time of an offence being committed.
This might involve, for example, the use of hostile or prejudiced slurs, gestures, other symbols or graffiti at the time of offending. In practice, it means that by using a demonstration test, the prosecution does not necessarily have to get inside the mind of a perpetrator to prove the crime but can use a demonstration test as an alternative method of proving a crime committed is a hate crime within the provisions of the legislation.
In addition, the Criminal Justice (Incitement to Violence or Hatred and Hate Crime) Bill 2022 – the full title for the Hate Crime Bill – will repeal and replace the hate speech provisions in the Prohibition of Incitement to Hatred Act 1989.
The Bill will strengthen the law around incitement to hatred by proposing clearer and simpler offences of incitement to hatred than those in the existing legislation.
These new offences will cover inciting hatred against a person or persons because they are associated with a protected characteristic, and also disseminating or distributing material inciting hatred.
The new legislation will set the threshold for criminal incitement to hatred as intent or recklessness. This means a person must either have deliberately set out to incite hatred, or at the very least have considered whether what they were doing would incite hatred, concluded that it was significantly likely, and decided to press ahead anyway.
The legislation will contain robust safeguards for freedom of expression, such as protections for reasonable and genuine contributions to literary, artistic, political, scientific or academic discourse, and fair and accurate reporting.
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