Crime « Thurles Information

Review Of Civil Legal Aid Scheme To Be Undertaken.

First review in the 43 year history of the Scheme.
Review Group to be chaired by retired Chief Justice.
Significant consultation to be undertaken as part of the review.

The Minister for Justice, Mrs Helen McEntee, T.D., has updated Government this week on her plans to shortly commence a review of the Civil Legal Aid Scheme, as committed to in her Justice Plan, 2022.

Announcing the review, Minister McEntee said: “Since the Civil Legal Aid Scheme was first established 43 years ago, (1979), Irish society has changed and the demands on the Scheme have grown.

To provide maximum benefit to the people it was first established to serve, within the finite resources available to fund legal aid, I believe that a robust, comprehensive review of the Scheme as committed to in Justice Plan 2022 is an important step.

The review will allow for an assessment of how well access to justice is facilitated by our Civil Legal Aid Scheme, particularly for those on low incomes. The Review Group will make recommendations for its future, including in relation to eligibility”.

The Review Group will be Chaired by retired Chief Justice, Frank Clarke, with membership drawn from those who work with marginalised groups, legal practitioners, academics, Department officials and representatives from the Legal Aid Board, which administers the current Scheme.

Named Membership of the Review Group will include:
Mr. Thomas O’Mahony – Legal Aid Board nominee.
Ms. Sara Phelan SC – Bar of Ireland nominee.
Ms. Áine Hynes – Law Society nominee.
Mr. Bernard Joyce – Director of the Irish Traveller Movement.
Mr. Liam Coen – Department of Justice nominee.
Professor Niamh Hourigan – Sociologist and VP of Academic Affairs – Mary Immaculate College, Limerick.
Mr. Tom O’Malley – Senior Lecturer in Law, NUI Galway.
Professor Frances Ruane – Economist and former Director of the ESRI.
Ms. Eilis Barry – Free Legal Advice Centre (FLAC).
Department of Public Expenditure and Reform nominee – name TBC.

The Minister also highlighted how people will be able to have their say on this important issue; stating: “As part of the review process, I intend that there will be significant consultation to ensure that the insights of a range of stakeholders regarding the operation of the scheme – and how best to support those of limited means with legal needs – will inform the work of the Review Group.

Capturing the views of those who have unmet legal needs will be an important part of the Group’s consultation and engagement. One of the areas which will be considered in the review is eligibility for civil legal aid.

Ultimately the review should map out a future for the Civil Legal Aid Scheme; one which will provide for a flexible service that has, as far as possible, the capacity and resources to respond to the priority legal assistance needs of those of modest means.”

I will be launching a public consultation in the coming weeks and I encourage as many people as possible to participate and to have their say on this important matter”.

The Review Group is expected to commence its work in June 2022, for a period of 12 months. It will make periodic reports to Minister McEntee on the progress of its work, before submitting its final report once its work is fully completed.

The Review of the Civil Legal Aid Scheme is part of a broader civil justice reform programme the Minister is spearheading across her Justice Plan 2022, including the establishment of a dedicated family court structure; the finalisation of the first national strategy on family justice; an independently chaired Judicial Planning Working Group, which is examining the number and type of judges needed over the next five years to ensure access to justice; and the Implementation Plan on Civil Justice Efficiencies and Reform Measures, which the Minister published last week.

Cabinet Approval To Draft Legislation On Data Retention To Protect National Security.

Irish Minister for Justice Mrs Helen McEntee has today received the approval of the Cabinet to draft legislation to amend the Communications (Retention of Data) Act 2011, to address the impact of recent judgments of the European Court of Justice.

The proposed legislation is without prejudice to the State’s current appeal to the Supreme Court of a High Court ruling relating to the Act and will have two main objectives.

Firstly, it will provide for amendments to the current rules on general and indiscriminate retention of data from telephony and internet communications for national security purposes.

Secondly, provision will be made for new access provisions including two new types of orders which will strengthen the capacity of An Garda Síochána to secure and access all forms of electronic data for the purpose of specific criminal investigations or proceedings.

“Preservation Orders” will require the preservation of specified electronic data in connection with specific persons, locations or other indicators (e.g. mobile phone numbers). A Preservation Order will not in itself require the granting of access to data.

“Production Orders” will require the gathering and submission of specified data in a person’s possession or control to An Garda Síochána, and may include data which may already be the subject of a Preservation Order.

The Minister noted that the possibility of deploying such measures has been acknowledged by the Court of Justice in its rulings on data issues.

The Minister intends to return to Government to seek approval for the General Scheme of a Bill in the coming weeks, once the scope of the legal changes required has been confirmed.

In light of the urgent need to provide clarity in this area, the Minister intends to pass this legislation through the Houses of the Oireachtas, by the summer.

The Minister intends to bring forward wider reforms in the area of data retention later this year, to ensure An Garda Síochána have a robust legal framework to fight crime in the modern era.

These measures meet commitments made by the Minister in her Justice Plan 2022.

Following the Cabinet meeting, Minister McEntee said:
“The Government’s decision today allows for work to go forward to reflect the impact of judgments of the European Court of Justice.
While I do not want to comment on the specifics of cases which are before the courts, I have been clear that I do not want a situation where An Garda Síochána have their hands tied behind their backs.

Access to telecommunications data has become ever more important for the detection, investigation and prosecution of crime and for safeguarding the security of the State.

An Garda Síochána do hugely important work to keep us all safe, to investigate criminals and to ensure justice is done. They must be fully equipped with strong laws and modern technology to fight crime and keep us safe. We need to acknowledge that Gardaí require access to data to do their jobs and keep us safe, and that there are occasions when the interests of public safety, fighting crime and national security must override the absolute right to privacy.

There should always be safeguards and protections when it comes to accessing data, but we must not allow the balance to shift too far away from keeping people safe and fighting crime.

I intend to bring a General Scheme to Government for approval in the coming weeks, after which I will announce further detail of the intended legislation”.

Six Members Appointed To Advisory Council Against Economic Crime.

Minister for Justice, Mrs Helen McEntee TD, has received Government approval to appoint the independent chair and six ordinary members to a newly established Advisory Council against Economic Crime and Corruption.

The establishment of an Advisory Council was one of the recommendations made in the Review of Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption. The review, colloquially known as the Hamilton Review, was led by James Hamilton, the former Director of Public Prosecutions.

Minister McEntee is now pleased to announce that Mr Hamilton will also take up the role of independent chair of the new Council.

The Council will advise and make proposals on strategic and policy responses and will be responsible for developing a multi-annual strategy to combat economic crime and corruption.

The Strategy will be accompanied by an action plan. The Strategy and Action Plan, which will then be finalised by the Minister for Justice, will be submitted to Government for their approval, with implementation of the actions ensuring that Ireland has the tools to vigorously tackle white collar criminals and corruption.

The Council will also serve as an Irish ‘centre of excellence’, one which coordinates research and analysis, training, public education and awareness-raising, and promotes best practice.

It will engage and consult with international agencies and bodies, and monitor emerging trends around the world, to ensure that Ireland is at the forefront of international efforts to tackle economic crime and corruption.

Building on its own composition as a body comprised from both the public and private sector, it will also promote and advise on enhanced co-operation and information-sharing within and between the public and private sectors.

Minister McEntee stated:
“We must ensure that we have the tools, policies and strategies to tackle economic crime and corruption. Ireland must also be at the forefront of international efforts to tackle and vigorously pursue criminals who undermine confidence in our economic system and damage economies themselves.
That’s why I am pleased to announce the Government’s approval to formally establish the Advisory Council against Economic Crime and Corruption and to nominate the chair and a number of members to the Council.
The council’s independent chair, Mr James Hamilton, has already provided the State with many years of service through his years as Director of Public Prosecutions and more recently his chairmanship of the group which carried out the Review into Structures and Strategies to Prevent, Investigate and Penalise Economic Crime and Corruption.
I am confident that he and the council will provide outstanding advice and guidance to the Government, as well as across the Irish economy and society, on how we can tackle white collar crime and corruption”.

The Advisory Council will have 19 members plus the Chair. Thirteen members will represent the relevant government departments, enforcement and regulatory agencies from across the public sector.

The remaining six ordinary members, nominated by Minister McEntee, will represent the business and financial sector, academia, and civil society.

The Minister’s nominations follow a selection process which first sought expressions of interest from suitably qualified candidates. Following the call for expressions of interest, a short-listing exercise was carried out by the Department of Justice.

Those nominated to the Council are: –

James Hamilton, former DPP, as Chairperson of the Council
Barry Robinson, forensic accountant, and Joanelle O’Cleirigh, solicitor, to represent the business and financial sector.
Raj Chari, Professor of Political Science, Trinity College Dublin, and Robert Gillanders, economist and Director of Dublin City University Centre against Corruption, to represent academia.
Niamh O’Regan, non-executive director, and Patricia King, Irish Congress of Trade Unions, to represent civil society.

102 Newly Attested Garda Members Welcomed At Templemore, Co. Tipperary Garda College.

37% of new members are women and 15% were born outside the State.

The Minister for Justice, Mrs Helen McEntee TD, today attended the passing-out ceremony at the Garda College in Templemore to welcome 102 newly-attested Garda members.

The new Garda members have now completed their training and will be placed in Garda Divisions throughout the country.

Minister McEntee said: “I am delighted to be able to meet the newest members of An Garda Síochána in person today. I know the commitment the new recruits have made in joining An Garda Síochána is not one that is taken lightly and it demonstrates a deep dedication to public service that few can truly appreciate.

It is particularly special that these new members are joining in the year of the Garda centenary. These members will play an important role in shaping the second hundred years of the organisation. I wish them each the very best in their vital career keeping all of us safe”.

Today’s graduates are the 27th intake to commence training under the new BA in Applied Policing Programme.

The new recruits commenced online training in September 2021 for three weeks followed by one week of intensive training in the Garda College October 2021.

Today’s attestations bring the total number of members of An Garda Síochána to approximately 14,396, a substantial increase from 12,943 Garda members in 2016. Of those attesting today, 38 members (37%) are women while 16 members (15%) were born outside the State.

The Minister added: “I want to commend Commissioner Mr Drew Harris and the wider Garda organisation for the significant efforts that are being made to encourage diversity among members.
It is vital that everyone in our society sees members of their own communities serving in An Garda Síochána – I wish a particular welcome to the 38 women attesting today as well as the 16 new Gardaí born outside the State, including from Poland, Brazil, Ukraine and Lithuania amongst other countries.
I was likewise very pleased to see the wide interest in joining An Garda Síochána evident from the latest recruitment campaign, with approximately 40% of applicants women and the notable increases in numbers applying from minority backgrounds including Travellers, Black Irish and Asian Irish”.

Budget 2022 reflects the commitment of Government to ensuring that our communities are safe and that An Garda Síochána has the resources required to operate effectively. The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of over €2 billion for 2022.

Drug Searches Carried Out Under Warrant In Roscrea, Co. Tipperary.

On Thursday last, May 12th, 2022, as part of an ongoing investigation into the sale and supply of drugs in the Roscrea area; Gardaí carried out 6 simultaneous searches at separate locations in the area.

All the targeted premises were searched, under the Misuse of Drugs Act, using issued search warrants.
Quantities of cannabis, cocaine and traces of heroine, [subject to further analysis], were located at various addresses, together with evidence showing the sale and supply of these controlled substances.

Investigations are continuing in relation to the above offences and Gardaí in Roscrea are appealing to the public to contact them with any information on Tel. No. (0505) 24230.

Files are also being prepared for the Director of Public Prosecutions (DPP) in relation to these matters.