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Tribute Paid To Assistant Garda Commissioner John O’Driscoll.

Minister for Justice Mrs Helen McEntee has paid tribute, on behalf of the Government and the State, to Assistant Garda Commissioner Mr John O’Driscoll as he retires today, following 41 years of service in An Garda Síochána.

Minister for Justice Mrs McEntee stated:

“Mr John O’Driscoll has served the State with integrity and distinction over the course of his 41 year career in policing. Throughout his career, and particularly in difficult days since 2016, John has embodied the finest tradition of An Garda Siochana. His experience, dedication and leadership ensured the success of the Drugs and Organised Crime Bureau in effectively disrupting organised crime groups and bringing to justice many of the most serious criminals.

In recent months months, we have seen the work of An Garda Síochána with their international law enforcement partners come to fruition to effectively tackle criminal groups – Mr O’Driscoll work has been central to quietly harnessing this coalition of support.

As he retires today, I know Mr O’Driscoll’s heart will always remain in policing and his legacy will have a lasting impact – on all those who have had the privilege to work with him and with the public he has served with such steadfastness.

I wish John and all those close to him many years of healthy and happy retirement.”

Persons Charged Following Enquiry Into Alleged Tipperary School Bus Cartel.

School Transport.

It is understood that 14 persons have been charged regarding their alleged involvement in a cartel that is said to have rigged tenders to operate school transport routes, here in Co. Tipperary and further afield in Co. Waterford, Co. Limerick and Co. Kilkenny.

Bid rigging in public procurement situations can be particularly harmful; artificially increasing prices and ultimately costs, while reducing the quality of services the State provides.

Same legal action now follows on from investigations carried out by the Competition and Consumer Protection Commission‘ (CCPC).

The enquiry by the CCPC had focused on supposed alleged abuse of the State school bus system, latter which undertakes to transport some 100,000 children each day (or some 40 million journeys annually), between students rural homes and their places of education.

Bus Éireann, latter which operates the service on behalf of the Department of Education utilize a tendering process, using the government’s tenders portal, before hiring some 4000 subcontractors, who in turn are obliged to bid, in order to operate specific rural school bus routes.

The submission to the Director of Public Prosecutions (DPP) follows an enquiry into alleged “price rigging” in Co. Tipperary, which is said to have begun initially back in 2016. The CCPC claim to have received a letter from an anonymous insider; latter who has provided information about this continued practise and which officials believed may to be more widespread here in the Irish Republic.

The anonymous letter is understood to contain details of various meetings and calls, which it is alleged took place between those involved, before tenders were eventually submitted to operate certain school runs.

The CCPC, working in conjunction with officers from the Garda National Economic Crime Bureau are understood to have raided some 20 premises. and subsequent charges follow an examination by the DPP of the evidence gathered by the CCPC.

The regulatory agency has now opened a Confidential Telephone Line [Tel. No. 087 7631378] for any person wishing to make further disclosures in relation to this alleged abuse of the State School Bus service.

Note: The Cartel Immunity Programme operated by the CCPC, in conjunction with Director of Public Prosecutions, means that a member of a cartel may avoid prosecution if they are the first member to come forward, reveal their involvement in illegal cartel activity and fully co-operate with the investigation.

Inspection Of Places Of Detention Bill Now Published

Minister for Justice publishes General Scheme of the Inspection of Places of Detention Bill.

  • Legislation will allow Ireland to ratify the UN Optional Protocol to the Convention against Torture (OPCAT)
  • Role of Inspector of Prisons to be expanded to become Chief Inspector of Places of Detention

Minister for Justice, Mrs Helen McEntee has received Government approval to publish the General Scheme of the Inspection of Places of Detention Bill.

The bill will provide for the designation of National Preventive Mechanisms (NPMs) that will act as national inspection bodies of places of detention in the State.

The establishment or designation of a NPM is necessary to allow Ireland to ratify the Optional Protocol to the UN Convention against Torture (OPCAT). OPCAT provides an oversight mechanism which assists States in preventing torture and other forms of ill-treatment in places of detention.

The approach proposed in the General Scheme is to expand the existing statutory role of the Inspector of Prisons to become a Chief Inspector of Places of Detention. The Chief Inspector will be designated as the NPM not just for prisons but for relevant places of detention within the whole justice sector, including detention in Garda stations, court holding cells and in vehicles transporting persons between places of detention.

The bill will also strengthen and update the statutory basis in place for the Inspector of Prisons.

Speaking about the General Scheme, Minister McEntee said:
“I am delighted to publish the General Scheme of the Inspection of Places of Detention Bill as approved by Government this week. Progressing this legislation will allow us to deliver on our Programme for Government commitment to ratify OPCAT.

This is a major piece of work which will further strengthen Ireland’s commitment to the highest international standards in this area of human rights. This legislation will help ensure that detention conditions and wellbeing of any persons deprived of liberty are maintained in accordance with recognised international standards.

The proposed approach of expanding the remit of the Inspector of Prisons to become an Inspector of Places of Detention will allow for the existing structure and expertise to be retained and applied to other places of detention in the justice sector which have not, to date, had the benefit of such oversight”.

The establishment of statutory NPMs will have the effect of setting standards which will be subject to international inspection and monitoring and will ensure that all places of detention in the State consistently meet recognised standards.

It is important to note that places of detention are not limited to those in the criminal justice sector. This Bill will enable other Ministers to designate national preventive mechanisms for places of detention outside the justice sector and within their own remit.

It is intended that IHREC will become a co-ordinating National Preventive Mechanism, co-ordinating the activities of NPMs and maintaining effective liaison with the UN oversight body – the Subcommittee on Prevention of Torture (SPT).

Speaking about the valuable input from civil society in relation to the development of these new proposals, Minister McEntee stated:
“In developing these legislative proposals, my Department consulted with various organisations and experts with policy or operational responsibility for inspection arrangements across the range of the potential NPM regime provided for in OPCAT. These consultations indicated broad support for the proposed approach of an expanded role for the Office of the Inspector of Prisons as the NPM for the justice sector and for the designation of IHREC as a co-ordinating NPM for Ireland”.

Ratification of OPCAT and the enactment of this legislation will allow for more rigorous standards in inspecting places of detention in this State. Both international and national inspection bodies (the NPMs) will be facilitated with unfettered access to facilities, information and engagement with those deprived of their liberty and people working in places of detention.

Decision To Follow EU Directive On Domestic Violence Welcomed.

Minister McEntee welcomes decision to opt into proposed EU Directive combating violence against women and domestic violence.

The Irish Minister for Justice Mrs Helen McEntee TD, yesterday, welcomed approval from the Oireachtas for Ireland to opt in to the first piece of EU legislation specifically addressing violence against women and domestic violence.

The European Commission has identified gaps in protection and support measures across the European Union, and with this proposal is seeking to align EU law with established international standards, most notably the Istanbul Convention.

The Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence, also known as the Istanbul Convention after the city in which it opened for signature 10 years ago, on May 11th 2011, is the most far-reaching international legal instrument to set out binding obligations to prevent and combat violence against women.

Under Protocol 21 of the Treaty on the Functioning of the European Union, the Government requires the approval of both Houses of the Oireachtas to opt in to the EU directive.

Minister McEntee said,
“We are looking forward to engaging with our EU partners to shape a progressive and effective approach to domestic, sexual and gender-based violence for the Union.
I will shortly publish our new national strategy to combat domestic, sexual and gender-based violence and it is clear that DSGBV is an issue we need to tackle on all fronts – both domestically and at an EU level.
While this EU directive is a detailed and comprehensive measure, a lot of what is being proposed is not new for Ireland. But we can always strive to go further and encourage our EU partners to do likewise.
I believe that along with the publication of the new national Strategy, which is comprehensive and forward-thinking, Ireland can and will drive real progress in combatting these horrific crimes”.

This EU Commission proposal aims to ensure effective prevention of such violence, protection from violence, access to justice, victim support, and strengthened coordination across the Union.

It also aims to ensure that sexual harassment and cyber violence are addressed effectively.

While Ireland’s response can be said to be more developed that some other member states, it is felt that these type of crimes are unlikely to significantly decrease across the European Union without additional EU action and commitment to combat domestic, sexual and gender-based violence.

Central Statistics Office – 2019 Prison Re-Offending Stats Welcomed.

Minister for Justice Mrs Helen McEntee, TD, has welcomed the latest figures released from the Central Statistics Office (CSO) on Prison re-offending in 2019.

  • Drop in re-offending rates within 1 year of release from prison from 48% in 2018 to 45% in 2019
  • 3 year reoffending rate remains static
  • Prisoners serving short custodial sentences (3-6 months) most likely to reoffend within a year
  • Younger adults released from custodial sentences continue to have a much stronger tendency to re-offen Females remain more likely to re-offend than males within three years.

Minister for Justice, Mrs Helen McEntee, TD has welcomed the latest publication today by the Central Statistics Office (CSO) of a statistical release on Prison Re-Offending Statistics from 2019. The release provides information on the level of recorded re-offending by individuals released from custodial or Fine Sentence sanctions within the Irish Prison Service.

The report provides information on prisoner re-offending estimates which are calculated using data provided by the Irish Prisons Service and An Garda Síochána’s PULSE reporting system.

In addition to updates of three-year and one-year re-offending rates and tables on individuals released from custody 2011-2016, this new publication also presents statistics displaying the geographical breakdown of prison re-offending in Ireland.

The report indicates that individuals released in 2019 from custodial sentences lasting between three and six months (58%) had the highest likelihood of re-offending within a year.

Speaking about the results of the report, Minister McEntee said

“I welcome the fact that the prison reoffending rates appear to have fallen from 48% in 2018 to 45% in 2019.

What is concerning is that the rate of those reoffending within a year of release remain highest for those sentenced to between 3 and 6 months imprisonment. Officials in my Department are currently finalising a review of policy options for prison and penal reform”.

The CSO publication indicates that men made up the majority of prison releases in 2016 at 92%. The statistics show that women were more likely to re-offend with 70% of women reoffending within 3 years of release compared to 62% of men.

Referring to this particular statistic, Minister McEntee indicated that
“We know that most women who offend pose a low risk to society but present with a high level of need.

The joint IPS/Probation Service Strategy “An Effective Response to Women Who Offend” provided the starting point for focused interventions for female offenders.

The new penal policy review recognises the particular needs of women who offend and will look at how best to address them”.

The report from the CSO outlines that those released from custodial sentences in 2019 that related to Burglary or Public Order offences are most likely to re-offend within a year of release. The Department of Justice is working with An Garda Síochána to tackle this specific issue.

Operation Thor, introduced in 2015 by the Gardaí to deter criminal activity related to burglary, has proved highly successful in tackling property related crime since its inception in November 2015.

In 2015, there were in excess of 18,800 residential burglaries reported. By contrast, to the end of 2021 there were just over 6,000 residential burglaries reported, a reduction of over 66% or approximately 13,000 less residential burglaries.