Law « Thurles Information

Extension of Temporary Protection Permissions Granted To Persons Fleeing Ukraine War

Temporary Protection* extended a further 12 months to March 2024.
Beneficiaries of Temporary Protection in Ireland do not need to take any action.
Minister says this will provide certainty to beneficiaries and organisations delivering supports.

* Temporary Protection:- The Temporary Protection Directive (Council Directive 2001/55/EC) sets out the minimum standards of protection to be provided by EU Member States to third country nationals, in the event of a mass influx of displaced persons, latter who are unable to return to their country of origin.
This Directive was activated for the first time by the Council on March 4th 2022.
Duration of Temporary Protection:- Article 4 of the Directive provides that the duration of temporary protection is initially for one year and unless terminated under the terms of the Directive, it may be extended automatically by six monthly periods for a maximum of one year.
The EU Commission has recently confirmed that due to the ongoing situation in Ukraine, temporary protection will now be extended automatically until March 2024.

The Minister for Justice, Mr Simon Harris T.D. today announced that the temporary protection permission that has been granted to those who have arrived in Ireland, fleeing the invasion of Ukraine, will be extended for a further 12 months to March 2024.

In making the announcement today the Minister stated; “Russia’s aggression against Ukraine continues with new offensives against towns and cities. Missile and drone strikes against civilians and critical infrastructure continue. Many lives have been lost, and millions of innocent civilians have been driven from their homes.

The Irish government and our colleagues across Europe continue to stand resolutely with the Ukrainian government and its people. The commitment to European solidarity is evident now more than ever and is reflected in the recent EU Commission decision to extend temporary protection until March 2024.
In that regard, I am pleased to announce the extension of temporary protection permissions to people fleeing the war in Ukraine for a further 12 months to March 2024. This will give reassurance to the people who have sought shelter and security here from the war in Ukraine that they will have continued access to the supports that they need. It also provides certainty to the various organisations involved in providing those supports of the future requirements and expectations.

Ireland has never before seen so many people arrive in such a short time frame. It is our moral imperative to provide support to the Ukrainian people and I am proud of the welcome and support our communities across the country have delivered.

I would also like to acknowledge the contribution those arriving have made, particularly to our economy as many avail of the opportunity to work. I hope that today’s announcement also provides certainty to employers, many of whom are benefitting from the skills and labour of people who have arrived here from Ukraine.”

The Department began granting Temporary Protection to persons fleeing the war in Ukraine on March 9th, 2022. To date some 75,000 people have been given Temporary Protection here in Ireland.

Each permission is granted for a period of 12 months from the date of issue, meaning that the initial permissions granted will expire on 9 March 2023. Therefore, permissions are due to be renewed/extended from March 2023.

In order to give beneficiaries of temporary protection reassurance as to their ongoing protection status in Ireland, an extension of 12 months permission is now being announced, (to March 2024).

While the extension is automatically applied to those who hold temporary permission and no specific action is this regard is required on the part of beneficiaries, a confirmation notice, confirming this extension is available on the Irish immigration website available HERE.
This can be downloaded and printed by Beneficiaries of Temporary Protection (BOTP) as evidence of the extension which, along with their original Temporary Protection permission certificate, will confirm their current status in the Irish State.

Diamorphine, Street Value €14,000, Seized At Thurles Railway Station.

Gardaí attached to Unit D Thurles, whilst carrying out patrols at Thurles Railway Station this evening, encountered a male acting suspiciously in the area.

**Picture courtesy of An Garda Síochána**.

The male was subsequently searched under the Misuse of Drugs Act and a large quantity of suspected Diamorphine, with an estimated street value of €14,000 was located and seized.
The male was arrested and detained at Thurles Garda Station, with file being prepared for the DPP.

Diamorphine, also known under its old brand name ‘Heroin’, is a potent opioid, mainly used as a recreational drug for its euphoric effect. Same is a Schedule 1 drug, meaning it is subject to the highest degree of control and classified as a prohibited controlled substance in the Republic of Ireland.
The substance remains the most commonly encountered opioid in Ireland and throughout the European Union.

Candidates Invited For Consideration As Ireland’s Rep On Council Of Europe Committee.

Minister for Justice, Mr Simon Harris T.D., today opened the application process for suitably qualified candidates to be considered for appointment as Ireland’s representative on the Council of Europe Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT).

The CPT was set up under the Council of Europe’s European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which came into force in 1989.

It builds on Article 3 of the European Convention on Human Rights which provides that “No one shall be subjected to torture or to inhuman or degrading treatment or punishment.” The CPT provides a non-judicial preventative mechanism to protect those deprived of their liberty against torture and other forms of ill-treatment and in doing so complements the judicial work of the European Court of Human Rights.

The CPT carries out its task by periodic and ad hoc visits to places of detention, in order to assess how persons deprived of their liberty are treated. These places include prisons, juvenile detention centres, police stations, holding centres for immigration detainees, psychiatric hospitals etc.

During these visits, the Committee has the right of unimpeded access at any time of the day or night to any place where persons are detained. Members do not visit the State in respect of which they have been elected.

Members of the Committee are chosen from among persons of high moral character who are known for their competence in the field of human rights or having professional experience in the areas covered by the Convention. The CPT’s current membership is composed of independent and impartial experts drawn from a wide variety of backgrounds including lawyers, medical doctors and specialists in prison or police matters.

In inviting applications, Minister Harris said “I am pleased to invite expressions of interest from persons who wish to be considered for appointment to the CPT. This public invitation process attracted a number of high calibre candidates when it last took place in 2019 and I hope that we have the same level of engagement this time around. The work undertaken by the CPT is hugely important and this is a unique opportunity to serve one of the most important and effective European Committees. I would encourage any person interested in contributing to the Council of Europe’s work in this important area to consider applying for this position.”

Further details on eligibility criteria and how to apply are available on the Department’s website HERE.
Note: The closing date for receipt of applications is Friday 24th February 2023 at 3:00pm.

Nenagh Fireman Found Not Guilty Of Possession Of Cocaine Valued At €78,000.

A Nenagh fireman, whose locker was found to contain cocaine to the value of €78,000, has been found not guilty of possession of the aforementioned drug and related charges.

Mr Michael Morgan, a fireman, aged 43, with an address at Cluain Muillean, Nenagh, was acquitted by a jury at Nenagh Circuit Criminal Court today, on all three charges brought against and denied by him.

Mr Morgan had been accused of:
* One count of possession of cocaine,
* One count of possession of cocaine for sale and supply
* One count of possession of cocaine worth €13,000.
The charges laid against him, if found guilty, carried a mandatory minimum ten-year prison sentence.

His friend and co-accused, Mr John Walsh, a plasterer, aged 36, of Coille Bheithe, Nenagh, was found guilty by the same jury, of possession of cocaine; together with possession of cocaine for sale or supply. He was, however, acquitted of possessing cocaine worth €13,000 or more, contrary to ‘section 15(a) of the Misuse of Drugs Act.’

The Court heard that cocaine worth €78,000 was found, wrapped in individual plastic bags, in a lunchbox in Mr Morgan’s locker, at Nenagh Fire Station. Same was located during a routine inspection of staff lockers, back in January 2018.

Both the accused men were long time friends; with both holding licensed firearms for the purpose of hunting together.
Mr Walsh was unable to explain, satisfactorily, how a sample of his deoxyribonucleic acid (DNA) was located and identified, on a knot, on one of the individual plastic bags, which contained the cocaine, and could not remember ever being inside Nenagh Fire Station, unless brought there through his school.

The court also heard that at least 30 other individuals had similar access to the same locker room area.

Mr Walsh was today remanded on continuing bail, to appear before Nenagh Circuit Court, for sentencing this day week, Thursday, February 9th 2023.

Key Legislation Introduced To Government On Use Of Garda Body Cameras, ANPR & CCTV.

* Intention to enact Garda Síochána (Recording Devices) Bill 2022 swiftly, to allow for body worn camera pilot this year.
* Use of body-worn cameras will protect frontline Gardaí and deter criminal activity.
* Strengthened powers to be introduced around CCTV and Automatic Number Plate Recognition (ANPR) software.

The Minister for Justice, Mr Simon Harris TD, today introduced legislation in the Dáil to allow for the use of body worn cameras and other crucial modern policing tools by An Garda Síochána.

Minister Harris said the Garda Síochána (Recording Devices) Bill 2022, which was taken at second stage today, will significantly strengthen the capacity of An Garda Síochána to tackle crime and protect national security.

The use of body worn cameras will also be hugely important in helping to protect frontline Gardaí as they do their duty in keeping people safe.

Minister Harris hopes to enact the Bill as soon as possible to allow Garda Commissioner Drew Harris to pilot the use of body-worn cameras later this year, prior to their widespread roll-out.

The Bill is in line with the recommendations of the Commission on the Future of Policing in Ireland, which was published in 2019, and is a priority action in Justice Plan 2022. It is part of a suite of legislation being introduced by the Government to reform An Garda Síochána.

Among the central elements of the Garda Síochána (Recording Devices) Bill 2022 are:

Allowing for recording from body worn cameras, helicopters, aircraft, Garda dogs, drones, mobile devices and tablets.
Extending the powers governing Garda use of CCTV and Automatic Number Plate Recognition (ANPR) technology to help prevent crime and prosecute those involved in criminal activity.
Providing powers for An Garda Síochána to access third party CCTV on a live-feed basis to support them in carrying out their function, subject to strict guidelines and oversight.
Placing a statutory obligation on the Garda Commissioner to prepare Codes of Practice, which will be submitted to the Minister for Justice for approval, regarding the operation of recording devices and CCTV
Work is already underway on these codes and they will address standards to be applied, confidentiality, security, storage, access and retention of data.

The Department of Justice has engaged extensively with An Garda Síochána, Garda oversight bodies and strategic partners, during the preparation of this Bill, as well as the Office of the Data Protection. Commissioner, the Irish Human Rights and Equality Commission and the Irish Council for Civil Liberties.

Minister Harris said: “The Government is committed to building stronger, safer communities. This means providing An Garda Síochána with the tools to fight crime in a modern era and to protect our frontline Gardaí as they do their duty.
Policing services across the world have gained significant benefits from the introduction of these technologies and people will have seen their effective use in fighting and solving crime in other jurisdictions.
I firmly believe that our Gardaí must have the same tools as their colleagues in police services across Europe and around the world.
I am confident that body worn cameras will play an important role in improving Garda front-line capabilities and in ensuring the accurate recording of incidents.
Garda use of this technology will be primarily for the investigation, detection, prevention and prosecution of criminal offences, the safeguarding against and the prevention of threats to public safety and public order, and in matters relating to the security of the State.”

The Minister added that body worn cameras are also hugely important in protecting Gardaí, as well as being a key investigative tool.
Under the Bill, body worn cameras must be visible on the clothing of the Garda member and have a light showing when they are recording.
The Bill also contains a broad definition of recording device to ensure the legislation is future proofed.

Minister Harris added: “Members of An Garda Síochána are placing themselves at great personal risk and we must support them in every way we can as they do their jobs.
Attacks on our brave Gardaí, or attempts to intimidate them, must be utterly condemned, and body worn cameras will be key to ensuring they are protected as they carry out their duties.
Body worn cameras are also a key investigative tool. For example, I know from speaking to frontline Gardaí that the first moments after they arrive at the scene of domestic abuse are key to gathering evidence which can then be used to protect the victim and ensure the perpetrator is brought to justice.”

The new Bill will regulate the use of recording devices in public spaces; where An Garda Síochána have a power of entry authorised by law; and in places where they have implied or express permission to be.

Provision will also be made for recording to be carried out from Garda helicopters, fixed wing aircraft and drones – which will be key to tackling organised crime gangs and protecting national security.

Minister Harris continued: “Another key area in the Bill is the new arrangements for CCTV schemes. CCTV schemes are currently dealt with under section 38 of the Garda Síochána Act, 2005, which will be repealed and replaced. This Bill sets out how CCTV schemes should be managed in the future to ensure that they reflect changes in the law on foot of the introduction of the General Data Protection Regulation and the Law Enforcement Directive. This will include an important role for Community Safety Partnerships, which will develop Community Safety Plans, with strong local input.
The Bill will also allow for the processing of live feeds of third party CCTV, and the recording of certain calls to and from An Garda Síochána and providing An Garda Síochána with an updated legal basis for the installation and operation of CCTV on Garda premises.”

An Garda Síochána are working on draft codes of practice for, amongst other things, body worn cameras and CCTV, with a view to ensuring they are ready for when the Bill is enacted.

In creating these codes, there will be a number of bodies with whom the Garda Commissioner will have to consult and there will be impact assessments, on human rights and data protection that have to be carried out.

Each code of practice will be submitted to the Minister for approval and once approved, it will be contained in a Ministerial Order, thereby making it a public document.

On the issue of Automatic Number Plate Recognition Data, Minister Harris said it is important for Gardaí to be able to access ANPR Data from the cameras of organisations who are already operating ANPR cameras at strategic locations in the State.

The initial bodies that are to be included are the National Roads Authority (motorway cameras), DAA (Dublin and Cork Airport ANPR cameras) and Dublin Port.

The Minister for Justice may designate other bodies to be included but it would only be of use where an organisation has an extensive network of ANPR cameras in place.

Minister Harris said he expects strong support from across the House for this key piece of legislation, with contains a series of provisions to protect frontline members of An Garda Síochána and help them tackle crime.