Law - Thurles Information

Request For Tender For An Garda Síochána Body Worn Cameras.

Statement from the Minister for Justice on publication of a ‘Request for Tender’ for Body Worn Cameras by An Garda Síochána.

Minister for Justice Mrs Helen McEntee has stated, “The government is committed to ensuring An Garda Síochána have the resources, the equipment and the technology necessary to build stronger, safer communities. This includes ensuring that Gardaí have body worn cameras, which has been a priority of mine for some time.
This Request for Tender for the procurement of Body Worn Cameras (BWC) represents another important step forward in our fight against crime.
Body cameras will be an important tool in An Garda Síochána’s armour as they fight crime, and the Recording Devices Bill, which I brought through the Houses last year, laid the groundwork for this announcement. Procuring cameras for these pilots now means that before the Summer there will be cameras on Gardaí in Limerick and Waterford, as well as two areas of Dublin City, ahead of a nation-wide roll-out.
These trials will give Gardaí a chance to understand fully what the cameras can offer, and also allow the public to provide feedback, before we roll them out across the full organisation.
The cameras will be small, lightweight, and visible and based on the experiences of other police services internationally, they will enhance accountability, reduce challenges around arrests and reduce complaints of Garda misconduct”.

Mrs McEntee continued, “We also expect they will save time in court preparation and appearances, lower costs for investigations and court appearances and improve An Garda Síochána’s ability to collect evidence for trial. All footage recorded by the cameras will be deleted after an agreed time period if not required as evidence.
Most importantly, body worn cameras will better protect victims and improve safety for Gardaí”.

Approval Received To Draft Legislation Allowing Access To Digital Evidence.

Minister McEntee and Minister Browne receive Cabinet approval to draft legislation allowing Gardaí swift access to digital criminal evidence.

Proposed legislation will allow Ireland to fulfil commitments under Budapest Convention, EU E-evidence Regulation and EU Terrorist Content Online Regulation
Modernised legislative basis for Gardaí to seize potential digital evidence, subject to privacy safeguards

Minister for Justice Mrs Helen McEntee and Minister of State Mr James Browne have secured Government approval for the drafting of new legislation which will permit Gardaí to swiftly access criminal evidence in digital form.

Government have today approved the General Scheme of the Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024, which will allow law enforcement authorities, like An Garda Síochána, to request the preservation and production of data being held on IT systems controlled by internet service providers, in order to investigate and tackle crime. The General Scheme will now be referred to the Joint Oireachtas Committee on Justice for pre-legislative scrutiny.

Making the point that “preservation and production orders” provide a modern law enforcement tool more suitable for obtaining digital evidence than traditional search and seizure measures, Minister McEntee said: “The Criminal Justice (Protection, Preservation and Access to Data on Information Systems) Bill 2024 will mark a significant step forward in tackling crime that operates in the online space. Traditional search and seize legislation was drafted to target physical spaces and objects. It pre-dates the technological evolution seen in recent years where much of human, and in turn criminal, activity is taking place in the virtual space and with the footprints of this activity accessible often only on private cloud infrastructures.
The measures in the Bill provide comprehensive, modern tools for law enforcement agencies like An Garda Siochana to access online evidence easily and efficiently while ensuring individuals’ privacy rights are respected. The Bill will also be a key element of the Government’s vision for a modern, cohesive and well – resourced regulatory system for the digital economy”.

The proposed legislation will give effect to a range of measures contained in international agreements Ireland is party to, all relating to tackling crime with an online element. These include the Council of Europe Budapest Convention on Cybercrime, the EU E-evidence Regulation [(EU) 2023/1543] and the EU Terrorist Content Online Regulation [(EU) 2021/784].

Giving reassurance that the measures proposed will be subject to the necessary privacy safeguards including judicial authorisation, Minister James Browne said: “I am very pleased that the Government has supported the general approach to the preparation of this important legislation which will ensure An Garda Síochána has the requisite tools to police in the digital age.
Ireland is uniquely positioned as the EU base of a significant number of internet service providers. This means that we have a key role in terms of our enforcement of EU measures aimed at tackling crime and terrorism that online services can facilitate. This Bill displays our commitment to implementing these measures and cooperating with authorities throughout the EU in pursuit of those aims. It will also ensure we continue to meet our international obligations and support the goal of Ireland being a centre of regulatory excellence for the digital economy, which is a key Government objective”.

The proposed Bill will expand on the State’s current domestic production/preservation order regime to cover a broader range of data categories and will contain appropriate jurisdictional provisions to deal with material held in the Cloud.

It also provides measures to help facilitate the EU-wide system envisioned by the aforementioned E-evidence Regulation, whereby Irish authorities can request data controlled by internet service providers based in other EU states and authorities in other EU states can do the same with respect to data controlled by Irish-based service providers.

The scheme will designate District Court judges as the Irish issuing authority for outgoing Irish orders.

The legislation will also give Coimisiún na Meán powers to sanction service providers for non-compliance with the EU Terrorist Content Online Regulation, which provides an EU wide mechanism for the rapid removal of online terrorist content.

Tipperary Resident Pleads Guilty At Special Criminal Court, Dublin.

Mr Michael Crotty, with an address at Slí Aonghusa, Áras na Rí, Cashel, Co Tipperary, has pleaded guilty to a charge at the Special Criminal Court Dublin.

Mr Crotty had initially pleaded not guilty to helping the Kinahan organised crime group shoot dead Mr Noel Kirwan, latter a father of four in driveway of his home at St Ronan’s Drive, Clondalkin, Dublin just three days before Christmas, in 2016.

The 42-year-old Mr Crotty has now admitted to facilitating the buying a mobile top-up for Mr Sean McGovern, latter a leading member of the aforementioned international crime gang. The latter Mr McGovern, a significant figure within the Kinahan criminal organisation, is understood to be currently residing in Dubai.

The court heard that Mr Kirwan who had absolutely no involvement in criminality, was mistakenly thought to have been connected to the murder of Mr David Byrne, at the Regency Hotel in February 2016. A tracker device had been placed on Mr Kirwan’s motor vehicle, which was being monitored from an apartment in the Beacon South Quarter, Sandyford, Dublin 18.

Three unregistered prepaid mobile phones are understood to have been used during the murder of Mr Kirwan.
Mr Declan Brady (known as “Mr Nobody” who already pleaded guilty in the Special Criminal Court to possessing nine revolvers, four semi-automatic pistols, a sub-machine gun, an assault rifle and 1,355 rounds of ammunition, located at a unit in Greenogue Business Park, Rathcoole, County Dublin), together with Mr Martin Alymer (latter who previously pleaded guilty to procuring mobile phones, which contributed to the murder of Mr Kirwan in 2016, and to a similar offence in relation to the attempted murder of alleged Hutch gang lieutenant, Mr James ‘Mago’ Gately), have already pleaded guilty to their involvement in the crime.

Mr Crotty has now pleaded guilty to the new charge, under Section 72 of the Criminal Justice Act; admitting that between October 20th, 2016 and December 22nd, 2016, on both dates inclusive and within the State, with knowledge of the existence of a criminal organisation, did participate in, or contribute to, activity intending to, or being reckless as to whether such participation or contribution could facilitate the commission of a serious offence by that criminal organisation or any of its membership.

Judge Ms Caroline Biggs has now extended Mr Crotty’s bail and adjourned the case to April 22nd, next for sentencing.

Measures To Expedite International Protection Application Processing.

Botswana and Algeria added to Safe Country list – applicants from these countries will receive a decision in less than 10 weeks.
Expedited processing for applicants who already have refugee status also introduced.
International Protection Office now making 1,000 decisions per month.

As we stated earlier this morning, the Minister for Justice, Mrs Helen McEntee T.D. has this lunchtime updated her Cabinet colleagues on a range of measures which have and will continue to speed up international protection application processing times.

From tomorrow, Botswana and Algeria will be designated safe countries of origin for the purpose of making a claim for international protection in the state. The existing list of safe countries includes Albania, Bosnia and Herzegovina, Georgia, Kosovo, Macedonia (Former Yugoslav Republic of), Montenegro, Serbia and South Africa.

Under an accelerated decision making process introduced by the Minister in November 2022, applications from safe countries are currently receiving decisions in less than 90 days.

While people from safe countries are still entitled to apply for international protection and have their application considered thoroughly, they will have to submit serious grounds that the country is not safe in terms of their personal circumstances.

On this point, Minister McEntee said: “My priority is that those who are in need of International protection receive it quickly, and those who are not entitled to it are removed from the system quickly too. This is the hallmark of a robust and rules based immigration system.
Given the difference the accelerated procedure I introduced in late 2022 has had already, I do expect the addition of Botswana and Algeria to have an immediate impact. Cases from those countries designated as safe are currently receiving a decision in less than 10 weeks and applications from people from those countries are down by 38%.
I must emphasise however that an application by a person from a safe country still receives a full consideration on its merit by the International Protection Office. We have seen that in the current list of safe countries, there are still grants in cases where people can show that their personal circumstances mean that their country is not safe for them.”

The Minister also noted new expedited processes for people who apply for international protection in Ireland having already been granted protection status in another EU state: “In July 2022, I introduced a visa requirement for those travelling here on convention travel documents to reduce the number of people claiming international protection when they already have it elsewhere.
To reinforce this, I have also informed Government today of the introduction of an expedited procedure for inadmissible applications by people who already have been granted protection in the EU”.

The Minister also updated the Government in relation to the modernisation process currently underway at the IPO and the subsequent progress on processing international protection applications.

Following significant investment in staff, reengineered processes and technology, the IPO almost doubled the decisions made in 2023, compared to 2022.

Over the course of the last year, the International Protection Office increased the number of monthly determinations to over 1,000 in November 2023, and plans to deliver at least 14,000 decisions in 2024, a further increase of 5,000 cases.

The Minister added: “The International Protection system currently undergoing a significant modernisation programme to ensure it is agile, robust and fully resourced to meet the unprecedented increase in applications in recent years.
Investments to date have significantly improved processing times. Most impressively, there has been a doubling of decisions made in 2023 from the year before.
Over the course of 2024 we aim to even further increase capacity and processing times.
This is all with the aim of ensuring that those who have a right to international protection are given that status as quickly as possible, whilst those who are found to not have that right are removed from the system as quickly as possible too.”

The Minister also today updated Government on the imminent adoption of the Immigration and Asylum Pact at EU level.

The Minister concluded: “The challenges presented by migration and asylum cannot be effectively addressed by any state acting alone in an increasingly globalised and interdependent world. The Pact seeks to establish a more coherent approach across the EU to migration, asylum, integration and border management, fit for the fast moving world of the 21st century.
The Pact aims to provide swift, sustainable and fair procedures for the management of migration and asylum in the EU. It provides for faster and more efficient processing of applications, new accelerated procedures, and a faster returns process.
I am undertaking intensive work to be in a position to advise Government on the implications of opting-in to the Pact. I will bring a recommendation to Government before the end of March”.

Review Of Safe Countries Of Origin To Be Announced Today.

Review Of Safe Countries Of Origin In Context Of International Protection To Be Announced Today.

The Minister for Justice Mrs Helen McEntee TD is expected to announce the outcome of a review of Safe Countries of Origin in the context of international protection this afternoon at 1:00pm.

A safe country of origin is defined as a country where, on the basis of the legal situation; the application of the law within a democratic system: the general political circumstances, it can be shown that there is generally and consistently no persecution; [as defined in Directive 2011/95/EU (Recast Qualification Directive)], no torture or inhuman or degrading treatment or punishment; and no threat by reason of indiscriminate violence in situations of international or internal armed conflict.
The announcement of the outcome of review of safe countries of origin, will be made at the Courtyard, Government Buildings, Merrion St. Upper, Dublin 2, [D02 R583].