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The Minister for Justice, Mrs Helen McEntee, yesterday announced the appointment of Mr Mark Kelly as the new Inspector of Prisons. This appointment is made following the completion of a Top Level Appointment Competition held by the Public Appointment Service, which was launched on 29 October 2021.
Announcing the appointment, the Minister said: “The role of the Inspector of Prisons is an absolutely essential element of the oversight and evaluation structures within our penal system. The Department of Justice and the Irish Prison Service constantly strive to develop and evolve in how we manage our prisons and the Inspector of Prisons plays a vital role in ensuring this work is carried out to the highest human rights standards and international good practice. I am extremely pleased that Mark will be taking up this important role. I am sure his human rights experience both in Ireland and abroad will be of great benefit to the work of the Office. He joins an excellent team in the Office of the Inspector of Prisons which under his leadership and guidance will only go from strength to strength”.
The Inspector of Prisons is a statutory officer appointed by the Minister for Justice under the Prisons Act 2007. The Inspector of Prisons is independent in carrying out this work.
The key role of the Inspector of Prisons is to carry out regular inspections of all prisons in Ireland and to present a report on each institution inspected to the Minister for Justice. In addition, under Part 5 of the Prisons Act 2007, the Inspector of Prisons is required to carry out investigations into any matter relating to the operation and management of a prison as requested by the Minister for Justice. The Inspector of Prisons may also, of their own volition, decide to investigate any matter they consider to be of concern. Further, since April 2012 all deaths in custody are subject to an independent investigation by the Inspector of Prisons.
Taking up the role Mr Mark Kelly said: “I’m really looking forward to joining the Inspectorate team and to building on the work of my predecessors to establish truly independent inspection of places of detention. Looking to the future, I especially welcome the plans to expand the role of the Office to include independent monitoring of detention across the criminal justice sector in Ireland, in line with the requirements of the Optional Protocol to the UN Convention Against Torture (OPCAT)”.
Mr Mark Toland served in the role of interim Inspector of Prisons while the Top Level Appointment Competition was being completed. During this time, Mr Toland also continued to serve in his position as Chief Inspector of the Garda Inspectorate and the Minister has also announced today his reappointment to that position, having received Government approval of the reappointment.
The Minister added: “I would like to thank Mark Toland, the interim Inspector of Prisons, for taking on this important role while the Top Level Appointment Competition was being completed. His appointment ensured the important work of the Inspector of Prisons, so essential in safeguarding the safety and security of prisoners, was able to continue uninterrupted. I would particularly like to thank him for his commitment and dedication to the work of the Office of the Inspector of Prisons and making sure this work continued to be carried out to the highest standards during his tenure.
I am also pleased to confirm that I have received Government approval for the reappointment of Mr Toland as Chief Inspector of the Garda Síochána Inspectorate. Mark has been working effectively in the position since 2017 and I have every confidence that his experience and hard work will continue to benefit both the Inspectorate and the wider policing system over the next crucial period as we bring forward the landmark Policing, Security and Community Safety Bill and the resultant combining of the existing functions of the Garda Inspectorate and the oversight function of the Policing Authority in the new Policing and Community Safety Authority”.
Minister for Justice Helen McEntee has today received Cabinet approval to extend the provisions of the Offences Against the State and Criminal Justice Acts for another twelve months.
The move is in line with the commitment in the Programme for Government to annually renew the provisions of both Acts.
Following the Cabinet meeting, Minister McEntee stated: “The renewal of these laws is very important as they provide safeguards against those who would seek to undermine the democratic institutions of the State and are a key element of the State’s armoury in tackling terrorism and organised crime. They are used regularly and are considered essential by An Garda Síochána.
I am conscious that there remains a real and persistent threat from terrorist activity, from so-called ‘dissident’ republican paramilitary groups and from international terrorism, which remains a stark reminder of the vulnerability of all open democracies”.
The Offences against the State (Amendment) Act 1998 was enacted in the aftermath of the bombing at Omagh to make amendments to the Offences against the State Acts 1939 to 1985, while the Criminal Justice (Amendment) Act 2009 was enacted in July 2009 to put in place certain additional legislative measures to tackle organised crime.
Among other measures, they provide that certain serious organised crime offences are to be tried in the Special Criminal Court unless the DPP directs otherwise. The purpose of these provisions is to guard against the intimidation of jurors/potential jurors or jury tampering in particularly serious cases.
During the Oireachtas debate in June 2020 on the renewal of the Offences Against the State Act provisions, the Minister indicated that there was a need to keep security legislation under review to ensure that it remains fit for purpose. The Minister proposed that an independent review group be established to carry out a review of the Offences Against the State Acts and this group, chaired by Mr Justice Michael Peart, former Judge of the Court of Appeal, was established in February 2021.
Minister McEntee continued: “The Independent Review Group are providing a very valuable service in reviewing the operation of these Acts. Their work is continuing and there has been significant engagement with relevant stakeholders, statutory agencies and civil society organisations.
They submitted an interim report in June of last year and I expect to have their final report in the Autumn. Upon receipt of the report, time will be required to consider any recommendations made by the group”.
In addition, the Minister for Justice is required under the Acts to prepare a report, to be laid before both Houses, on the operation of the sections in question in respect of both Acts.
The report must cover the period from the date of the last report to a date ending not later than 21 days before the moving of the resolutions.
Dates for the moving of the resolutions will be scheduled in the Dáil and Seanad in the coming weeks.
Minister for Justice, Mrs Helen McEntee TD, today addressed the annual Garda Memorial Day ceremony at the Garda Síochána Memorial Garden in Dublin Castle.
The annual Garda Memorial Day is a significant day in the calendar year of An Garda Síochána and is dedicated to remembering all members of An Garda Síochána who have lost their lives in service of the State. The annual ecumenical service is followed by a wreath laying ceremony at the Garda Síochána Memorial Garden in Dublin Castle, culminating in the reading of the Roll of Honour.
Speaking at the event, Minister McEntee said:
“The death of each and every Garda member in the line of duty has been both a huge loss to their family and friends, but also to the wider communities in which they lived and worked, and whom they protected with such dedication.
I want to acknowledge how difficult it can be to be the family member or friend of a Garda member. You live in the knowledge that your loved one may be put at personal risk when they go to work, and I want to thank you for supporting your family members, our Garda members, in the brave and selfless work that they do”.
This year’s event was even more poignant given 2022 is the Centenary Year of An Garda Síochána and it was the first time in 2 years members of the public were able to attend, following the lifting of COVID-19 restrictions.
Minister McEntee also specifically mentioned Garda Henry Phelan, Garda Patrick Gerard Reynolds and Garda Adrian Donohue as we approach their one hundredth, fortieth and tenth anniversaries respectively.
The Ministered continued, “These men are but three of the 89 names on the Garda Roll of Honour; 89 lives that ended too soon. These Gardaí died in the service of the State, a sacrifice that we want to remember, that we must remember. As Minister for Justice, I want to reiterate my sincere appreciation to the members of An Garda Síochána who work year-round to keep our country safe”.
Garda Henry Phelan was the first member of the newly formed Civic Guards in 1922 to be killed in the line of duty. Garda Phelan joined An Garda Síochána in May 1922, aged just 21. He was shot and fatally wounded by armed men in November 1922.
The ceremony was streamed live through An Garda Síochána’s Facebook page for remote viewing by the families and relatives of the deceased members of An Garda Síochána, who died in the service of the state together with the general public, who were unable to attend the ceremony in person.
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.
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.
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