Law « Thurles Information

New Bill Will Implement Biggest Reform To Judicial Appointments In Decades.

Minister Mrs Helen McEntee publishes Bill to implement biggest reform to judicial appointments in decades.

Judicial Appointments Commission Bill 2022 provides clear process for appointing judges.
New measures mean all candidates, including serving judges, will undergo new application and interview procedures.
Candidates will be required to undergo judicial training or continuous professional development.

The Minister for Justice, Mrs Helen McEntee, T.D., has today announced that the Judicial Appointments Commission Bill 2022, was approved by Government earlier this week and will be published shortly.
This represents an important step forward in the reform of the judicial appointments process as committed to by the Minister, most recently in Justice Plan 2022.

This Bill, when enacted, will lead to the biggest reform in the way judges are chosen for appointment in a quarter of a century.

A number of key changes have been made to the Bill from the General Scheme as published by Minister McEntee in December 2020.

The changes include:

* Number of recommendations – 3 persons to be recommended instead of 5 recommendations as provided for in the General Scheme and an additional 2 recommendations for a second and additional vacancies. For example, this would mean seven recommendations for three vacancies

* Only persons recommended by the Judicial Appointments Commission to be recommend by the Government for appointment by the President

* Interviews – Any person – new applicants and serving judges seeking promotion to higher courts – who is to be recommended to the Minister for Justice for appointment should have been interviewed by the Judicial Appointments Commission

* Diversity – The Commission will be required to publish a diversity statement committing to the objective that membership of the judiciary should reflect the diversity of the population as a whole.

* Continuous Professional Development – Candidates will be required to show they have undertaken judicial training or continuous professional development

Minister McEntee said:
“In the hundred years since the foundation of the state, our judges and our judiciary have served us extremely well. In proposing this legislation, I hope that it will enable the continued appointment of excellence judges which are a cornerstone of a strong, independent judiciary.
It is vital that we have a very clear process for judicial appointments, one that people understand and have full confidence in.

The Bill I am publishing today allows for the establishment of a Judicial Appointments Commission of nine members, chaired by the Chief Justice, to replace the current Judicial Appointments Advisory Board.
All 4 lay members of the Commission will be selected and recommended by the Public Appointments Service.
The current JAAB process only concerns first-time judicial appointments, with no statutory advisory role in place relating to appointments from the ranks of serving judges.

This Bill will ensure that anyone who wishes to be considered for appointment to judicial office, including serving judges, will apply to the Commission and undergo the same application and interview processes.
Membership of the judiciary should also reflect the diversity of the population as a whole and a new diversity statement will commit the Judicial Appointments Commission to that objective.

I look forward to working with all members of the Houses of the Oireachtas to bring this legislation to enactment as soon as possible.”

The approval of this Bill follows a substantial process of consultations, in particular with the Attorney General, the European Commission and the Chief Justice.

Commenting on the changes made in the Bill to the General Scheme, Minister McEntee stated:
“In a change from the previously published General Scheme, three persons are to be recommended instead of five, with an additional two recommendations for a second and additional vacancies. This will ensure that we are meeting all of our necessary obligations under EU law.
I am strongly of the view that a candidate should be recommended only after being interviewed, so I have made this a requirement in the Bill.
Additionally, I have included a requirement that judicial appointments will reflect the need for candidates to undergo judicial training or continuous professional development.
I am committed to improving training and continuous professional development right across the justice sector. This is crucial to providing a better service to people who need to engage with our justice system and those who work within it – from our Gardaí to our judges – and I am pleased the Judicial Appointments Commission Bill reflects this priority.”

The Judicial Appointments Commission will set out best practice selection procedures including interviews and the knowledge, skills and attributes required of judges.

Drugs Flushed Down Toilet Retrieved By Gardaí.

A female, holding a Thurles address, who obstructed Gardaí while attempting to flush illegal drugs down a toilet, during a planned search of a property in Portarlington, has been fined at Portlaoise District Court.

Rachel McCarthy, aged 30, with an address at No.15 Cabra Court, Thurles, Co. Tipperary, had pleaded guilty to the offence.

Prosecuting Garda confirmed that the offence happened on January 21st last year, when the accused flushed a number of small bags containing cannabis and cocaine, latter intended for her own use and for sale or supply, down a toilet on the property being searched.
Gardaí had entered the address in Portarlington, bearing a search warrant and later had managed to retrieve the flushed items.

The accused, latter a mother of two children, through her legal aid, informed the court that she had panicked, but had fully admitted her action; fully co-operating with Gardaí when being interviewed.

Granting Gardaí a destruction order for the drugs in question, Justice Mr John King convicted the accused of the offence and fined her €400.

Increased Funding For Organisations Supporting Victims Of Crime.

€4.6 million in funding across more than 60 organisations providing supports and services across the country.
Funding will provide support, information and advice on the rights of victims, as well as counselling services, court accompaniment and other accompaniment.
Training and awareness raising of domestic, sexual and gender-based violence also funded.

The Minister for Justice Mrs Helen McEntee TD has announced funding totalling €4.6m for more than 60 organisations to support victims of crime.
The €4.6m is an increase of over 20% on the previous total fund of €3.8m which was made available in 2021.

It also builds on separate, additional funding announced last November under the ‘Supporting a Victim’s Journey’ plan for areas of the country or categories of victims not currently fully covered by support services for victims.

The allocations cover:
National and larger organisations such as Barnardos, Women’s Aid and the Dublin Rape Crisis Centre.

A range of local organisations working with victims across the country, such as Women’s Aid in Dundalk, Wexford Rape Crisis and Letterkenny Women’s Centre, General victims support organisations such as the Crime Victims Helpline, Specialist organisations including the Irish Tourist Assistance Service and Dignity 4 Patients.

Minister McEntee TD, said:
“So many organisations across the country are doing outstanding work for victims. I am pleased to announce this funding to increase their ability to provide supports and services as victims engage with the criminal justice system.
I am working to build a victim centred criminal justice system where victims know they will be treated with respect and dignity when they come forward to report what happened to them.
A fear of the system, or how someone in it might treat you, should never stop a victim seeking justice.
I believe that many of the reforms I am introducing, such as preliminary trial hearings and training for frontline staff in the legal system, will help victims.
But increased funding for organisations that offer services such as court accompaniment and helplines for victims, as announced today, is also vital.”

In particular, €250,000 has been allocated to a number of organisations including Doras and Men’s Development Network for training and awareness raising of domestic, sexual and gender-based violence.

Late last year, the Department of Justice invited applications for funding from registered charities, voluntary community groups, and other organisations which provide services – or plan to provide services – supporting victims in the criminal justice system.

Applicants included organisations that provide support, information and advice on the rights of victims, as well as counselling services, court accompaniment and other accompaniment.

Budget 2022 includes €4.9m allocated to the Department of Justice specifically for Victims of Crime, and other projects will be funded later in the year.

Minister McEntee added,
“This week, we also held our inaugural Victims’ Forum, which will provide further opportunities to engage closely with frontline organisations who support victims.
I have established the Forum to facilitate information exchange and examine avenues of improvement in relation to victims’ rights, and I think it will be another important element in improving the system.”

Tipperary Garda Searches Identify Animal Cruelty, Stolen Property & Cocaine.

Today, March 16th, 2022, Gardaí in the Clonmel District assisted by the Regional Dog Unit, carried out a total of 10 searches in Clonmel and surrounding areas.

Various items which Gardaí suspect as having been stolen, such as lawnmowers, bicycles, chainsaws and power tools, were seized along with fuel syphoning equipment.

A search in the Old Bridge area of Clonmel resulted in the seizure of suspected cocaine, with an estimated street value of €7,000 (pending analysis).
A man aged in his 20’s was arrested and is currently detained under Section 4 of the Criminal Justice Act 1984 at Clonmel Garda Station.

During a search in the Powerstown area of Clonmel, a caged wild rabbit was located which had been badly injured by hunting dogs.
The wild animal was removed from the scene and brought to a local Veterinary clinic, where sadly it had to be put down, such was its condition.
Further investigations are ongoing in relation to this latter incident.

New Members Of An Garda Síochána Congratulated At Templemore Training College, Co. Tipperary.

70 Gardaí attested at Templemore today
Newest members join the force 100 years after the first ever Gardaí.
Minister encourages people interested in joining An Garda Síochána to apply before upcoming deadline.

The Minister for Justice, Mrs Helen McEntee TD, has welcomed the attestation of 70 members of An Garda Síochána at the Garda Training College, Templemore, Co. Tipperary, today.

The Minister said: “I wish to congratulate our newest members of An Garda Síochána. It is always a proud day when recruits join the ranks of An Garda Síochána, but this is a special year. We are 100 years on from the establishment of our police service when the very first members of An Garda Síochána, led by the first Garda Commissioner, Michael Staines, passed out at a ceremony in Dublin’s RDS on 21 February 1922.
The men and women whose attestations have taken place today carry on the fine work of those very first recruits, in protecting communities and citizens all over the country.”

Today’s attestations bring the total number of members of Garda rank to 11,773. A further 158 trainees are currently in training.

There is currently a recruitment competition underway for applications to join An Garda Síochána. Budget 2022 has provided for the recruitment of up to 800 Gardaí and 400 Garda staff this year and many of those recruited will be drawn from this competition.

The Minister added:
“There has never been a better time to join the Gardaí as we work towards a policing service for the future that is valued for the essential public service it provides. Both the Government and the Garda Commissioner are committed to increasing diversity within An Garda Síochána and ensuring that all communities can see themselves reflected in our police service.
The deadline for the recruitment campaign is next Wednesday, March 16th. I urge anyone interested, particularly members of new Irish communities, women and people from minority groups to consider a career in An Garda Síochána.”

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