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”.
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.
The Irish Prison Service, in partnership with the FAI and St. Patrick’s Athletic Football Club, today marked the graduation ceremony for 20 prisoners who have recently completed the FAI Coach Education department’s Adult Amateur Licence course.
The course was led by St. Patrick’s Athletic Director of Football and UEFA Pro Licence holder Ger O’Brien and will enable all licence holders to coach in the Adult Amateur game and integrate into Irish football on their release.
Republic of Ireland Under 21 manager Jim Crawford in presenting each successful candidates with their coaching licence stated, “Football can be such a positive influence in so many lives and we have seen the power of football and the impact it can have on these graduates here today. I look forward to the coaching journey they have now commenced on. There will be many opportunities for them in football in the future and I wish them well”.
St Patrick’s Athletic Director of Football Ger O’Brien led the course on behalf of the club and thanked the graduates for their commitment and willingness to learn through the medium of football and coaching. Ger stated, “When we were approached by the Irish Prison Service and the FAI about delivering this programme, we were more than happy to oblige. This has been a fantastic initiative from all involved to help educate the participants of both courses. Coaches from St. Patrick’s Athletic have been working closely with the groups to enhance not only their football knowledge, but also interpersonal skills. The development of the participants throughout the program has been clear to see”.
The FAI’s Head of Coach Education, Niall O’Regan stated: “The programme is a fabulous way to connect the participants to the game of football, providing them with an introduction to education through the medium of the game they all love, having the link to the prison and using the game of football to help develop the participants knowledge of the game, but also their own interdisciplinary skills such planning, organisation, administration, writing sessions plans, completing assignments and presenting in front of their peers theoretically and practically. “These are all huge characteristics of being an effective coach but also helping the participants with their future integration into their respective communities. The success of the programme has been down to the fabulous delivery style of Ger O’Brien and it is something himself and his club should be extremely proud. We would like to thank Ger and St. Patrick’s Athletic for their contribution and the management and staff of Wheatfield for their collaboration on such a worthwhile project for all concerned”.
Assistance Governor of Wheatfield Prison, Amanda Sutton said, “This course is a fantastic gateway into adult education involving both practical and class room based modules. The Irish Prison Service is committed to managing custodial sentences in a way which encourages and supports prisoner’s resettlement and reintegration into their communities. I believe that the skills learned through participation in this course provides prisoners with some of the core skills required for their successful reintegration. We are looking forward to continuing our partnership with the FAI and St. Patrick’s Athletic, and working on future projects together.”
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.
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