Law « Thurles Information

Information On Disappeared Should Be Provided To Independent Commission For Location Of Victim’s Remains.

The Minister for Justice Mrs Helen McEntee, TD has called on those with information on the ‘Disappeared’ to provide it to the Independent Commission for the Location of Victims’ Remains.

The ICLVR is responsible for facilitating the location of the remains of victims of paramilitary violence (known as ‘the Disappeared’) who were murdered and secretly buried. The role of the ICLVR is purely humanitarian. Its only aim is to recover the remains of the disappeared in order to allow the families to give their loved ones a proper burial.

Minister McEntee said: “My thoughts are with the family of Columba McVeigh at this difficult time. We all hope that this latest search at Bragan Bog in County Monaghan will be successful.

I recently met with the Commission and their dedication to their task is clear. The families of the Disappeared have had to endure a particular cruelty, facing not only the tragedy and injustice of losing a loved one to murder, but not knowing for decades where that loved one was buried.

At this time we think also of the other families who still await the return of their loved ones’ remains. The Commission’s investigations are complicated and difficult, and information from the public is crucial to its work.

Someone out there may know something that might help. I would call on anyone with information that could help recover the remains of those still missing, to pass that information to the Commission without delay, safe in the knowledge that it will be treated in the strictest confidence”.

Act To Facilitate Complaints Regarding Alleged Judicial Misconduct To Commence.

Minister for Justice Mrs Helen McEntee has signed the Judicial Council Act 2019 (Commencement) Order 2022.

The Order brings into operation the remaining provisions of the Judicial Council Act 2019, concerning judicial conduct and ethics.

From today, Monday October 3rd, and for the first time in the history of the Irish State, procedures will be put in place to facilitate complaints about alleged judicial misconduct.

Any complaints about the conduct of a judge that is alleged to constitute judicial misconduct, from that date onwards will be addressed under this new procedures.

Minister McEntee said:

“In a democratic society, the judiciary plays a central and independent role in how justice is administered, and our judiciary have provided us with superb service since the foundation of the State a century ago.

Maintaining and strengthening public confidence in our judiciary, a foundation stone of our democracy, is crucial and I am really pleased to bring into effect all remaining sections of the Judicial Council Act 2019.

These sections deal with judicial conduct and ethics. Crucially, they pave the way for procedures that will facilitate, for the first time in the history of the State, complaints from members of the public about judicial conduct.

They also set out that a complaint may be made by any person who is directly affected by, or who witnessed, the alleged misconduct within three months of same, as well as the criteria for such complaints to be admissible, and the processes under which these complaints will be examined.

I would like to thank the members of the judiciary for their support for this important legislation and to acknowledge the importance of their continued constitutional independence”.

The Judicial Council was established on December 17th, 2019, pursuant to the Judicial Council Act 2019.

Part 5 of the Judicial Council Act concerns the establishment and role of the Judicial Conduct Committee and the newly operative complaints procedure.

While some of those provisions have already been commenced for operational reasons, the bulk of the provisions will be brought into operation from today, October 3rd, 2022.

These include:

The circumstances in which a complaint about alleged judicial misconduct can be made to Registrar of the the Judicial Council.
A time limit of three months within which a complaint can be made alleging judicial misconduct.
A complaint may be made by any person who is directly affected, or who witnessed, the alleged judicial misconduct.
The complaint must not be frivolous or vexatious and must also be the case that the conduct could, if substantiated, constitute judicial misconduct.
When a complaint is admissible, it is referred to the Judicial Conduct Committee.
The circumstances in which a reprimand may be issued to a judge concerned, which could include advice to be issued to the judge concerned, the making of any recommendation that the judge concerned pursue a specific course of action, including attending a course or training of a specified type, and for the issuing of an admonishment to the judge concerned.
The Committee may require the judge concerned to report to it regarding his or her compliance with a requirement specified in a reprimand.
Allowing for the investigation into alleged judicial misconduct in the absence of a complaint.
Allow for investigation by a panel of inquiry to be established by the Judicial Conduct Committee.
Setting out the procedures to be followed in the event that a matter relating to the conduct or capacity of a judge requires the referral of the matter to the Minister for the proposal by the Minister of an Article 35.4.1 motion.

Report On Mental Health & Addiction Challenges Of Persons Coming Into Contact With Criminal Justice Sector Published

Multi-agency approach to be taken to rehabilitating and diverting offenders with addiction or mental health challenges away from crime.
New facility for the HSE National Forensic Mental Health Service at Portrane to open in mid-November.

The Minister for Justice, Helen McEntee TD and the Minister for Health, Stephen Donnelly TD have on Friday last, published the report and recommendations of the High Level Taskforce established to consider the mental health and addiction challenges of people who come into contact with the criminal justice sector.

Ministers McEntee and Donnelly thanked the independent Chair of the Task Force, Kathleen Lynch, and the Minister of State for Mental Health and Older People, Mary Butler TD and the Minister of State for Public Health, Wellbeing and the National Drugs Strategy, Frank Feighan TD for their work on the Taskforce and the final Report.

The Taskforce was established in 2021 to meet the Government’s commitment to ensure the critical mental health needs of people in prison are met, addiction treatments are provided and appropriate primary care supports are available on release, in order to ensure improved outcomes for the individuals concerned and for society as a whole.

It is now widely recognised that the needs of many people who interact with the criminal justice system are complex, and are often influenced by mental health and addiction challenges. Providing proper care to these and ensuring rehabilitation, both in terms of health needs but also in order to prevent future reoffending and contact with the criminal justice system, means these issues cannot be addressed in isolation or by the criminal justice system alone.

The Taskforce had three subgroups focused on three key elements to holistically meet these needs going forward;

One subgroup, on Diversion, chaired by a member of An Garda Síochána, focused on diverting individuals with mental illness who have committed minor offences from progressing into the criminal justice system, in the best interests of both the public and the individual concerned.
A second subgroup, on Irish Prison Service/Central Mental Hospital Capacity, which was chaired by an Irish Prison Service Director, examined the existing and future needs of individuals within the custodial criminal justice system. The objective of this group was to ensure that there is adequate provision of services to meet the mental health and dual diagnosis needs of those in prison.
A third subgroup examined community issues and through-care upon release from custody, and was chaired by the Director of the Probation Service. The objective of this group was to ensure that there are sufficient safeguards in place and adequate provision of services to prevent individuals from relapsing into damaging behaviours undermining the rehabilitative efforts made by the individual and the State.

Overall, the Taskforce has put forward 61 recommendations which emphasise the shared responsibility of a number of Government Departments and agencies to deliver on meeting the needs of those with mental health and addiction challenges who come into contact with the criminal justice system.

Key actions include:

Progressive and empathetic approach by Gardaí to dealing with offenders with mental health and addiction challenges, informed by mental health and addiction awareness training for Gardaí
Efficient and effective means of implementing a prosecution avoidance policy when Garda members come in contact with adults with mental illness and addiction, through the adult caution scheme
The establishment of a pilot specialist dual diagnosis service to support prisoners with a mental health condition and substance misuse in a prison, to inform roll-out across the entire prison estate
Access to tiered mental health supports that are recovery oriented for every person with mental health difficulties coming into contact with the forensic system
Reducing attrition by maintaining engagement and motivation at the point of release, including through the use of community agreed discharge plans for prisoners (identifying multi-agency supports required).

Speaking on the publication of the report today, Minister Mrs Helen McEntee said: “We know that many of those who end up engaging with our criminal justice system have higher rates of mental health and addiction challenges than the rest of the population. This is not a coincidence. If we are to address the root causes of offending behaviours, we have to start here.

If we are to reduce the numbers who end up in a cycle of offending behaviour and if we are to create stronger and safer communities and reduce crime, we have to work together and deliver properly resourced, appropriately located systems of care. This is not something that one Department or agency can do alone. A collaborative approach has underpinned the work of the Task Force who have agreed a coherent range of ambitious, but realistic, time-lined actions to build and sustain progress.

In combination with the community safety work underway by my Department, which similarly recognises that delivering on stronger and safer communities requires the buy-in and participation of all relevant stakeholders and not just An Garda Síochána, I feel we are making tangible progress towards a more holistic and joined up way of thinking and working to improve quality of life and build stronger safer communities.

I would like to especially thank Kathleen Lynch for her dedicated work on the Taskforce and in producing this report, as well as the committed staff from a number of Departments and agencies”.

The report is the culmination of over a year’s work by the Task Force, chaired by Kathleen Lynch, former Minister of State, and was comprised of staff from both the Department of Justice and the Department of Health, representatives from the HSE, the Central Mental Hospital, the Irish Prison Service, the Probation Service, An Garda Síochána, the Department of Children, Equality, Disability, Integration and Youth, the Judiciary and the Department of Housing.

The Plan, which accompanies the final report, recognises that the criminal justice sector does not operate in a vacuum, and requires collective will, planning and a strong focus on implementation to deliver a properly resourced, appropriately located, model of care, including Central Mental Hospital step down facilities, for some of the most vulnerable in our society.

Speaking on the publication of the report, Minister Mr Stephen Donnelly said: “I am particularly pleased that our Programme for Government commitment to produce this important HLTF report has materialised. It is thanks to the commitment of every member that such a timely and thorough report has been developed. This is a realistic and grounded report, which presents achievable recommendations in the short, medium, and long term. It has the potential to realise lasting positive changes in the lives of some of the most vulnerable in our society. The Government is committed to building on the work of the Taskforce, particularly around improving co-operation on all fronts in the future, as envisaged under Sláintecare.’’

Minister Ms Mary Butler, Minister of State at the Department of Health said: “It is recognised internationally that vulnerable people with mental health and addiction challenges are over-represented in our criminal justice systems. We have a responsibility to ensure that as many as possible within this population, are diverted away from the criminal justice system and provided with appropriate health and social care supports.

As we all know, there is no quick fix solution to the challenges highlighted by the Taskforce and no one service can address the change needed on its own. However, the report provides a clear path forward on how we can achieve this and work together to improve supports in the key area of forensic mental health care involving all relevant front-line agencies.

The Taskforce’s recommendations relating to the health sector will be progressed in line with Sláintecare, Sharing the Vision and other relevant health policies. I would like to thank all involved in the development of the report. It is evident that a huge amount of work and dedication went in to producing a platform for real progress over the next five years”.

In the context of the report’s publication proceedings, Ministers Donnelly and Butler are delighted to announce that the new facility for the HSE National Forensic Mental Health Service at Portrane, to replace the existing Central Mental Hospital (CMH) at Dundrum, will open in mid-November. The opening of this facility, which has been long called for by many mental health advocates including the HSE and is a key recommendation of the HLTF report to alleviate existing service pressures for the forensic mental health and judicial sectors.

Minister Mr Frank Feighan, Minister of State at the Department of Health said: “It is important that we divert people possessing drugs for personal use or experiencing mental health issues from the criminal justice system. As part of a health-led approach, we need to treat people with compassion, not to punish them. I believe that the health diversion programme we are implementing for people who are found in possession of drugs for personal use is a template that we can use for people who experience mental health issues. Referring these individuals to the health system for a SAOR screening and brief intervention will benefit the individual. It will also lead to a more effective use of resources in the criminal justice system”.

Council Of Europe Adopt Dublin Declaration To Tackle Domestic, Sexual & Gender Based Violence.

Minister Helen McEntee hosted two-day conference as part of Ireland’s Presidency of the Council of Europe.
Dublin Declaration adopted by 38 countries of 46.
Minister McEntee calls for collective support for Zero Tolerance of domestic, sexual and gender-based violence.

Ministers of the Council of Europe responsible for addressing domestic, sexual and gender-based violence gathered in Dublin over the last two days at a conference entitled “No safe haven: Integrated prevention measures to end domestic, sexual and gender-based violence”.

The conference was hosted by Minister for Justice Helen McEntee TD, as part of Ireland’s Presidency of the Committee of Ministers, which began in May for the seventh time in the history of the Council of Europe. It brought together Ministers and representatives from nations across the Council of Europe to discuss changing social norms to tackle violence against women, changing the behaviour of men who have been violent and training professionals to work with victims or perpetrators.

Key note addresses were delivered by Minister for Justice, Helen McEntee TD, Council of Europe Secretary General Marija Pejčinović Burić, the President of the Parliamentary Assembly of the Council of Europe, Tiny Kox, the Director of the EU Agency for Fundamental Rights, Michael O’Flaherty and Iris Luarasi, President of the Council of Europe’s Group of Experts on Action against Violence Against Women and Domestic Violence (GREVIO).

The Dublin Declaration on domestic, sexual and gender-based violence was adopted at the end of the conference, with 38 countries of the 46 in attendance supporting the Declaration.

Speaking at the conference, Minister McEntee said: “I was delighted to welcome my colleagues to Dublin for this two day conference, during which I believe we solidified our collective commitment to tackling domestic, sexual and gender-based violence across the continent.

Violence against women is a human rights violation that is widespread across all Council of Europe member states – that is a horrible reality and one that we have to address. One in three women in Europe experience some form of physical or sexual violence during their lifetime. One in 20 has been raped. Two in five women have experienced some form of psychological violence by either a current or a previous partner.

There should be zero tolerance in any society for this kind of behaviour. I want to see this change in Ireland and I want to see this change across Europe.

It is a key priority for me as Minister for Justice. I launched our third national strategy, Zero Tolerance, in June. It will work towards achieving a society in Ireland that has absolutely no tolerance for DSGBV or the attitudes that underpin it. It is built around the four pillars of the Istanbul Convention – prevention, protection, prosecution and policy co-ordination – and is therefore clearly aligned with the ambitions of the Council of Europe and the issues we will discuss over the next two days.

I am delighted that we have adopted the Dublin Declaration which sets out a high level of ambition for future collaborative work in this area.

I know this is something Iceland will continue to prioritise when they assume the Presidency in November and I look forward to supporting them as they build on our achievements over the next two days”.

Cheek Bone Of Taxi Driver Allegedly Fractured By Thurles Resident.

Mr Mark Beresford, with an address at No. 41 Gortataggart, Brittas Road, Thurles, Co. Tipperary, was charged by Garda Mr Daniel Murray with assault, allegedly having caused bodily harm to 52-year-old taxi driver, Mr Willy Lufuluabo, at Curraheen Road, Co. Cork on May 1st, last year.

A Co. Cork Court heard that a very serious assault had left the taxi driver with a fractured cheek bone.

We understand the taxi driver had picked up the accused, in the company of another, at Co. Cork’s Kent Station, Lower Glanmire Road, before driving, as directed, to Mitchelstown. Along the way, one of his passengers asked to stop off at Maxol in Tivoli, before then proceeding on their journey.
Close to Mitchelstown the driver was asked to return to Curraheen Road, Bishopstown, some 59km distance from Mitchelstown, where upon the driver was asked to stop, and the alleged assault was carried out by one of the drivers passengers. The driver was punched several times in the face, with the assailant stating that this was not where they had asked him to go and that he now wanted to be brought back to Thurles, Co. Tipperary, a distance of some 123km from Bishopstown.

Having read the medical report on the taxi driver’s injuries, Mr Justice Colm Roberts refused to accept jurisdiction; stating the case was too serious and was a matter for trial by ‘Judge and Jury’.

Judge Mr Colm Roberts adjourned the case to Monday, November 7th, next.