DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM. Working for a Safer, Fairer Ireland

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1 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM Working for a Safer, Fairer Ireland ANNUAL REPORT 2007

2 Department of Justice, Equality and Law Reform Pinebrook House, 71/74 Harcourt Street, Dublin 2 Bishop s Square, Redmond s Hill, Dublin 2 Montague Court, Montague Street, Dublin 2 Tel: Fax: Lo-Call: Website: info@justice.ie Office of the Minister for Integration Dún Aimhirgin, Mespil Road, Dublin 4 Minister s Office & Secretary General s Office 94 St. Stephen s Green, Dublin 2 Irish Naturalisation and Immigration Service (INIS) Burgh Quay, Dublin 2 Tel: Lo-Call: Financial Shared Services Killarney, Co. Kerry Tel: Design/Printing by Brunswick Press Ltd. This document is available on the Department s website Copies of this document may be obtained from: Organisation Development Unit, Department of Justice, Equality and Law Reform, Pinebrook House, 71/74 Harcourt Street, Dublin 2 An Irish version of this document is also available /08 (1,500) Brunswick Press Ltd. (20865) PRN A8/0624 2

3 ANNUAL REPORT 2007 CONTENTS Foreword by the Minister for Justice, Equality and Law Reform Brian Lenihan, T.D 4 About the Department of Justice, Equality and Law Reform 6 Introduction by Secretary General 7 High Level Goals 9 1. Tackling Crime Developing Criminal Justice Services Asylum, Immigration and Citizenship Promoting a Fair, Tolerant and Caring Society Contributing to a Secure and Peaceful Society Civil Law Reform Business Delivery and Modernisation 45 Appendices: Appendix 1: Organisation Chart 51 Appendix 2: Annual Output Statement Appendix 3: Asylum and Immigration Tables 68 ANNUAL REPORT

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5 FOREWORD BY MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM BRIAN LENIHAN, T.D. Minister of State Brendan Smith, T.D. Minister of State Conor Lenihan, T.D. Minister of State Jimmy Devins, T.D. Minister of State Seán Power, T.D. This is the first Annual Report to be presented by me as Minister. The Department of Justice, Equality and Law Reform, through its programmes and activities, touches the lives of our citizens in many ways. I am extremely aware of the great responsibility and indeed honour that has been placed on me to reform our laws, bring accountable government to the people, and meet the many challenges that arise. The Government has set me as Minister, and the Department as a whole, a challenging agenda in terms of our shared commitments under the Agreed Programme for Government, the National Development Plan and Towards This Annual Report sets out the progress we have achieved looking forward to what is a five-year programme of change and development. Our aim, as ever, is to make Ireland a safer and more equitable society for the benefit of all. Tackling crime remains a key priority. An Garda Síochána has never been better equipped, better resourced and better organised to respond to ever-changing crime patterns. My appointment as Minister also coincides with the appointment of a new Garda Commissioner. I wish him well and look forward to working closely with him as we deepen the structural and organisational reform of the Force and proceed with a modernisation agenda. The creation of the Garda Reserve, the major civilianisation programme and the continuing accelerated recruitment to the Force all serve to create a highly-visible, community-focused, front-line policing organisation. The accountability mechanisms provided under the Garda Síochána Act are now fully operational and also contribute significantly to enhancing the effectiveness of the Force. The modernisation plans for our prisons continued apace in Important new security arrangements have been put in place which will ensure that those sentenced by the courts are properly supervised and do not have the opportunities to continue their criminal activities from behind bars. These arrangements will also tackle the scourge of drug abuse in our prisons. The Prisons Act 2007 was signed into law on 31 March 2007 and is key to the ongoing modernisation and reform of the Prison Service. We now have a statutory Inspector of Prisons, and new Prison Rules encompassing best international practice came into effect on 1 October The Rules represent the first major review of prison regulations since Necessary new building projects, including the Thornton Hall replacement for Mountjoy, were progressed to an aggressive timeframe with a preferred bidder identified in April The Thornton Hall site is the single largest capital project ever undertaken by the Department and a special statutory development consent process enacted in the Prisons Act, 2007 applies to the project. The Irish Youth Justice Service is now a key component of my Department and, under the Children Act, 2001, the new Irish Youth Justice Service was established with a view to modernising and reforming youth justice provisions. It provides an overarching strategic plan governing the operational relationship of key stakeholders. Cosc - the National Office for the Prevention of Domestic, Sexual and Gender-based Violence - was set up in June This is the first time there has been a dedicated Government office with the key responsibility to ensure the delivery of a well co-ordinated whole of Government response to domestic, sexual and gender-based violence. Improving the effectiveness and integrity of the State s Immigration system continued to be addressed in a comprehensive manner in 2007 through the Irish Naturalisation and Immigration Service (INIS). The Immigration, Residence and Protection Bill 2007 set out a legislative framework for the management of inward migration to Ireland and represented a comprehensive overhaul of the State s immigration and protection laws dating back to the Aliens Act of Important infrastructural developments were advanced which will afford better customer service provision and protection of national security and border protection. We have seen great strides in the developing normalisation of governance arrangements in Northern Ireland and we can record that the goal of achieving a secure and peaceful society there is well and truly advanced. The progress outlined in this Annual Report reflects well on the dedication and commitment of the staff of the Department, its agencies and associated bodies. On my own behalf, and on behalf of my Ministers of State, I would like to thank everyone concerned. Brian Lenihan, T.D. Minister for Justice, Equality and Law Reform ANNUAL REPORT

6 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM The Department of Justice, Equality and Law Reform s work programme upholds the highest values and addresses the deepest concerns of our society. Our collective mission is to help make Ireland a safer and fairer place in which to live and work, visit and do business. The remit of the Justice family of agencies and services stretches across a range of human concerns and touches on every aspect of national life from child protection and involvement in Inquiries and Tribunals to all elements involved in crime and punishment and the courts system, from the buying and selling of property to a range of immigration services and the areas of disability and diversity. On the international front, the Minister and the Department manage the interests of Ireland in relation to Justice and Home Affairs matters by participating fully in the European Union, the Council of Europe and the United Nations. Department Structure The Department is structured around ten areas. Each area is comprised of one or more Divisions and is headed by a member of the Management Advisory Committee: Ë Crime, Security and Northern Ireland, Mutual Assistance and Extradition Ë An Garda Síochána Ë Prisons and Probation and Welfare Policy Ë Criminal Law Reform and Human Rights Ë Civil Law Reform, Courts Policy, Equality and Disability Ë EU/International Matters Ë Asylum, Immigration and Citizenship Ë Reception and Integration Agency Ë Youth Justice Ë Human Resources, Corporate Services, Organisation Development, Project Development, Finance, Internal Audit and IT Across all its votes the Department was responsible for a budget of 2.45bn in 2007 which compares to a budget of 2.21bn in DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

7 INTRODUCTION BY THE SECRETARY GENERAL SEÁN AYLWARD 2007 was a year of considerable endeavour and extensive activity by our Department. We hope this document reflects the character of the work we carry out on behalf of the people and Government of Ireland. I want to record here the deep loyalty and commitment demonstrated by our staff at all levels, day in day out, at all hours, throughout the year under review. We may not have reached every target we set ourselves for However, I am confident that a safer, fairer Ireland will result from our efforts during the year. Ours is a rather complex organisation but the values of honesty and courtesy are central to every task we are called upon to carry out. We will continue to strive to achieve higher levels of performance within our organisation in We look forward to recording further solid progress by year s end. Finally, I want to acknowledge here the wonderful co-operation we experienced in the past year with the leadership and staff at all levels in the many agencies which make up the Justice family. We are proud to be associated with our colleagues as they work to administer justice and uphold human rights in so many different spheres and settings even if we occasionally have different perspectives on specific issues! Seán Aylward Secretary General ANNUAL REPORT

8 Annual Output Statement 2008 There are 9 Programmes listed in our Annual Output Statement (see Appendix 2): 1. Community Security, Law Enforcement, Crime Prevention by Support for An Garda Síochána 2. The Maintenance of Safe and Secure Custody for Offenders by Support for the Prison Service 3. Management of the Courts and Supporting the Judiciary 4. The Promotion of a Safe Society through the Provision of a Wide Range of Justice Services 5. The Promotion of a Tolerant and Equitable Society 6. The Provision of Asylum/Immigration and Related Services 7. The Provision of Probation Services 8. The Provision of a Coherent, EffectiveYouth Justice Service 9. The Provision of Property Registration Services We have aligned our High Level Goals as far as is practicable to reflect the programmes of the Annual Output Statement as follows: High Level Goal 1. Tackling Crime 2. Developing Criminal Justice Services Programme 1. Community Security, Law Enforcement, Crime Prevention by support for An Garda Síochána 2. The Maintenance of Safe and Secure Custody for Offenders by support for the Prisons Service 3. Management of the Courts and supporting the Judiciary 7. The Provision of Probation Services 8. The Provision of a Coherent, Effective Youth Justice Service 9. The Provision of Property Registration Services 3. Asylum, Immigration and Citizenship 4. Promoting a Fair, Tolerant and Caring Society 5. Contributing to a Secure and Peaceful Society 6. Civil Law Reform 6. The Provision of Immigration and Related Services 5. The Promotion of a Tolerant and Equitable Society 4. The Promotion of a Safe Society through the Provision of a Wide Range of Justice Services Note - Civil Law Reform is included in Programme 5 7. Business Delivery and Modernisation Across all Programmes 8 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

9 HIGH LEVEL GOALS 1. Tackling Crime We will continue to develop effective anti-crime policies, implement effective and balanced laws in line with our human rights and international obligations - and work to ensure visible policing of our communities and enforcement of the law. 2. Developing Criminal Justice Services We will further advance our structural and service reforms in An Garda Síochána, Courts, Prisons and Probation to enable those agencies implement their mandates in the most effective and efficient way possible. 3. Asylum, Immigration and Citizenship We will continue to implement Government commitments in relation to asylum, immigration and citizenship matters in addition to updating, as necessary, the legislative base in this area, enhancing a whole of Government approach. 4. Promoting a Fair, Tolerant and Caring Society We will promote the development of a caring, tolerant and fair society through the implementation of appropriate policies. 5. Contributing to a Secure and Peaceful Society We will contribute to securing a lasting settlement to the Northern Ireland conflict and achieving a secure and peaceful society. 6. Civil Law Reform We will continue to reform our civil laws and provide for improved regulatory systems where required. 7. Business Delivery and Modernisation We will support the delivery of the Department s business objectives through the effective use of our resources and the implementation of modernisation commitments under the Sustaining Progress and Towards 2016 Agreements. ANNUAL REPORT

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11 TACKLING CRIME Tackling Crime in all its forms is a top priority for this Department. We remain committed to taking whatever actions are necessary to reduce the level of crime in our society and to make our communities and our streets safer. This High Level Goal brings together a number of strategies which have been framed to deliver commitments intensifying the fight against drugs and organised crime; continuing to enforce public order; ensuring effective and visible policing; implementing stronger anti-crime laws; giving effect to our international obligations to combat all forms of crime including human trafficking; modernising and reforming the youth justice system; regulating and controlling the use of firearms and explosives; supporting victims of crime; addressing domestic and sexual violence; road safety and implementation of traffic laws. ANNUAL REPORT

12 TACKLING CRIME PROGRESS MADE IN THESE AREAS DURING 2007 POLICING RESOURCES At 31 December 2007, there were 13,755 attested members of An Garda Síochána with a further 1,043 students in training. In addition there were 217 attested reserve members and 74 reserve trainees. The current accelerated intake of approximately 1,100 new recruits per annum continues towards achieving a total of 15,000 attested Gardaí in 2010, whilst recruitment of reserve members continues towards a target strength of 1,500. An increase in the retirement age for Gardaí, Sergeants and Inspectors from 57 to 60 was introduced in late 2006 which allows experienced Gardaí to remain in the Force with the benefit of their expertise being available to the Commissioner. An Garda Síochána is committed to achieving the greatest level of civilianisation consistent with the efficient and effective functioning of the organisation. The number of civilian staff increased to a total of 2,281 at 31 December The civilianisation of An Garda Síochána continued throughout the year with approval being granted for the employment of a further 300 civilian support staff, thus supporting the redeployment of uniformed Gardaí to outdoor operational duties outside the Greater Dublin area. In line with recommendations of both the Advisory Group on Garda Management and Leadership and the Garda Inspectorate, a civilian Chief Administrative Officer and a civilian Director of Communications were appointed to An Garda Síochána. Sanction was also obtained for the recruitment of an Executive Director of Human Resources, a Director of Change Management, a Director of ICT and a Head of Legal Affairs. Funding of 14 million has been made available under the National Development Plan for the purpose of facilitating Joint Policing Committees and Local Policing Fora over the period of the Plan. Joint Policing Committees are provided for by the Garda Síochána Act 2005 and enable An Garda Síochána, locally and nationally elected representatives, officials from local authorities and representatives from local communities to work together in partnership to address local policing and related issues. In 2006, 22 Committees were established in a pilot phase, and in 2007 a further 7 Committees were established. The Minister intends to roll-out the Committees to all local authorities in the State as early as possible in In November 2007 a consultation seminar, bringing together representatives of the participants in the 29 Committees in the pilot phase, was convened by the Ministers of Justice, Equality and Law Reform and Environment, Heritage and Local Government. The seminar considered the experience gained in the operation of the pilot Committees and made recommendations to enable the roll-out and future operation of the Committees to take place as efficiently as possible. Operation Anvil continued to be central to the strategy of An Garda Síochána in combating serious crime, murder in particular, and notable improvements were achieved in the recorded number of incidents of crime being targeted. A significant increase in resources which was approved in 2007 resulted in the seizure of a substantial quantity of drugs, guns and ammunition and the targeting of criminals who travel around the country to commit burglaries and other offences. The procurement process for the new digital radio system which will be used by the Gardaí and other emergency services is well advanced. The roll-out of the service is being delivered in two phases. The first phase, a service performance evaluation in an area covering parts of Dublin, including the Port and Airport and north into Co. Meath, was completed in The second phase will see full nationwide roll-out which is expected to be completed within a period of two years. The new National Digital Radio Service will offer a broad range of services and advantages over existing analogue systems including: increased security of digital radio services increased protection for Garda officers on operational duty improved voice quality over analogue systems increased radio coverage coverage for air and offshore support communication with other emergency services, mobile and land lines interoperability with other police forces 12 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

13 The first phase of the new Automated Fingerprint Identification System for An Garda Síochána and the Irish Naturalisation and Immigration Service (INIS) was launched in November The advantages of this system, which is being delivered on a phased basis, include an enhanced ability to identify matches from poorer quality or smaller marks lifted at crime scenes, the ability to capture and store full sets of palm prints and improved rate of hits due to its ability to process a higher quality image of captured fingerprints. This new system replaces the existing system in the Garda Technical Bureau and has also been installed at the Office of the Refugee Applications Commissioner (ORAC) allowing for the electronic taking and exchange of fingerprint data on persons seeking asylum with the central EU fingerprint database repository EURODAC. Units have also been installed at Store Street Garda Station in Dublin, the Bridewell Station in Cork and at Mountjoy Prison. Roll-out of the system to the Garda National Immigration Bureau and full integration of the new system with the Garda PULSE system will be delivered in Other Garda information technology projects which commenced or were progressed in 2007 include: the procurement of a new Automated Ballistics Identifications System which is due to be commissioned in 2008 the development of a Major Investigations System which will provide significant support to the Force during large scale investigations such as murder enquiries and missing persons cases and the development of an Automated Number Plate Recognition System which will help An Garda Síochána in their efforts to deny the use of the roads to perpetrators of crime. The addition of conductive electric devices to the range of less lethal weapons available to the Garda Emergency Response Unit (ERU) was authorised by the Government. Reflecting a recommendation by the Garda Inspectorate, the Garda Commissioner is establishing primary response teams in each Garda region outside Dublin. These Regional Support Units (RSUs) will act as initial responders to critical incidents pending the deployment of the ERU. These teams will be manned by specially trained and equipped personnel who will carry out regular uniformed duties until activated in response to a critical incident. During 2007 the distribution took place of anti-stab or anti-ballistic personal protection vests for members of An Garda Síochána. In order to enhance their personal safety while on duty, Gardaí are now required to wear the personal protection vests. In February 2007 a new National Standards Authority of Ireland (NSAI) standard for best practice in the cash in transit industry was launched. It provides specifications for quality management systems in the cash in transit industry. In conjunction with Garda Technical Advisory Group security procedures, the NSAI standard is being used as a basis for licensing by the Private Security Authority. A Memorandum of Understanding was signed by the Minister with the banking industry concerning the costs to An Garda Síochána of providing cash escorts. This Memorandum details the precise costing methodology to be employed in calculating the cost of providing cash escorts. It also provides for close to full recovery from the banking industry of the costs of cash escorts. A new Garda National Age Card with enhanced security features was launched in April The new age card has been introduced to keep in step with technological advances and to ensure that it is protected against forgery or alteration. This is an important and powerful aid in dealing with the problem of underage drinking. Tackling all forms of crime remains a priority for the Department. One of the ongoing elements of this commitment is the continued funding of the State s Witness Security Programme. Although the operation of the Programme is a matter solely for the Gardaí, the Department is committed to maintaining its effectiveness through the provision of adequate funding. The amount allocated in 2007 represents an increase of 2.3% over the 2006 allocation. ANNUAL REPORT

14 CRIME STATISTICS Crime statistics issued by the Central Statistics Office showed that headline crime the most serious crime rose in 2007 by 1.7%. This is equivalent to 24.2 offences per 1,000 population, compared to 24.3 in 2006 and 24.7 in There were 84 homicides in The detection rate in the case of murder was 68% and 100% in the case of manslaughter. Murders involving firearms which are predominantly gangland related were significantly reduced from 26 in 2006 to 18 in There was a substantial increase in drug detection, with an increase of 58.5% in the detection of the cultivation, manufacture and importation of drugs for sale or supply. While complex issues surround the willingness of victims to report sexual offences, there was a decrease of 10.7% in such offences. The number of burglaries, which represented 22% of all headline crime, decreased by 5.4%. The number of robberies of an establishment/ institution was down 26.5%, and robbery of cash/goods in transit was down 35% during the year. The overall detection rate for headline offences for 2007 at year end was 41%, a slight increase on the detection rate of 40.4% at the end of In 2007, 675 incoming requests for Mutual Legal Assistance in criminal matters were received compared to 444 in There were 314 outgoing requests for mutual legal assistance in 2007 compared to 237 in YOUTH JUSTICE Major investment in the youth justice system was secured under the National Development Plan million has been allocated for the development of restorative justice and alternative to custody programmes; 120 million to Garda Youth Diversion Projects and 143 million for the development of children detention schools. These monies will be made available over the lifetime of the Plan. The commencement of the Children Act 2001 was completed. A National Youth Justice Strategy was prepared and developed in consultation with key stakeholders to cover the period It is intended to publish the Strategy in New Garda Youth Diversion Projects established brought the total number of projects operating nationwide to 100. The target of establishing this number of projects by end 2007 has been met. New projects will continue to be put in place each year to meet the targets set out in the Programme for Government (doubling of the number of projects in place bringing the total number of projects to 168). Responsibility for the management of children detention school facilities was transferred on 1 March 2007 from the Department of Education and Science to the Irish Youth Justice Service. The four detention schools for which the IYJS has assumed responsibility are: Finglas Child and Adolescent Centre; Oberstown Boys School; Oberstown Girls School and Trinity House School. The Children Act extended the children detention school model to all persons under 18 years of age (from 16 years of age). However, as an interim measure, the Act provides that 16 and 17 year old boys may continue to be detained in St. Patrick s Institution pending development of facilities to accommodate them in the children detention schools. The cross-departmental Expert Group on Children s Detention Services, which was established in April 2006 to plan for the redevelopment of existing detention facilities and the development of new facilities for all offending children under 18 years, submitted its final report to the Minister for Children in December A range of new Community Sanctions for children to be operated by the Probation Service was introduced thus giving the Courts more alternatives to custody for young people who offend. ANTI SOCIAL BEHAVIOUR Part 11 of the Criminal Justice Act 2006, which provides for civil proceedings in relation to anti-social behaviour by adults, was commenced on 1 January, Part 13 of the Act relating 14 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

15 to anti-social behaviour by children commenced on 1 March, These provisions set out an incremental procedure for addressing anti-social behaviour by adults and children. With regard to children, these range from a warning from a member of An Garda Síochána, to a good behaviour contract involving the child and his or her parents or guardian, to referral to the Garda Juvenile Diversion Programme and to the making of a behaviour order by the Children s Court. In 2007, 443 behaviour warnings were issued to adults and 132 to children. Four good behaviour contracts were issued to children. The Department s anti-graffiti pilot project (initiated in July 2006), was subject to an evaluation in 2007 by the Institute of Criminology, UCD. The evaluation noted a largely positive reaction to the project at local level. Building on the evaluation report and recommendations therein regarding the need for implementation to be devolved and managed locally, a new scheme to be managed by Pobal was devised for roll-out in This will involve the ongoing management of a broader community orientated Anti-Graffiti Scheme. It will involve making funding and/or services available to a wider range of actors. It will supplement the resources already in place and at the disposal of local authorities. It is envisaged that Pobal will develop the scheme by inviting and developing bids from particular areas to tackle graffiti in an integrated manner. ROAD SAFETY The Department contributed to the preparation of the new Road Safety Strategy which covers the period This Strategy was developed by the Road Safety Authority and launched by the Minister for Transport in October The Department oversaw an increase in the number of Traffic Corps personnel on a phased basis over the year, so that by the end of 2007 the Traffic Corps had a complement of 946. Increased enforcement, including mandatory alcohol testing, contributed to a decrease of 27 (or 7%) in the number of people killed on the roads in 2007 compared to FIREARMS AND EXPLOSIVES The Criminal Justice Act 2006 introduced substantial reforms to the law in relation to legally held firearms. It addresses such matters as the firearm certification process, the authorisation of rifle and pistol clubs and shooting ranges and the registration of firearms dealers. A Project Board, chaired by an Assistant Commissioner of An Garda Síochána and comprising members of the Department and the Gardaí, was set up in 2007 and is actively addressing the issues which need to be put in place before remaining provisions of the Criminal Justice Act 2006 can be commenced. The Act also provides that firearms certificates and certificates of registration in the Register of Firearms Dealers will be renewable every three years from the date of issue/registration and not on an annual basis as heretofore. The Minister established a Consultative Panel in 2007 comprising members of hunting and sporting interest groups, An Garda Síochána and relevant Government Departments to assist with the introduction of the different elements of the new licensing system. The Explosives Legislation Review Group prepared Heads of a Bill to replace the current Explosives Act Consultation took place with all Government Departments in relation to a draft Memorandum for Government concerning the proposed Bill. Work also continued on the drafting of associated Regulations and Code of Practice. Government approval was obtained for a new Stores for Explosives Order 2007 (S.I. No. 804 of 2007) which replaces and revokes the existing Stores for Explosives Order 1955 (S.I. No. 42 of 1955). The Order regulates the licensing, construction, operation, separation distances, fire and explosion assessment and safety measures associated with stores for explosives as licensed by the local authorities. A third Government Inspector of Explosives (GIE) who will combine the roles of an Explosives Inspector (as provided for under Section 53 of the Explosives Act 1875) and a Firearms Range Inspector (as provided for under Section 34 of the Criminal Justice Act 2006), was appointed. ANNUAL REPORT

16 The Department participated at EU Council and Working Groups and technical committees and was represented at EU/UN meetings on explosives directives, and transport of dangerous goods. Negotiations finalised in 2007 included those in relation to a new Pyrotechnic Directive. Ireland succeeded in ensuring that the Directive will not preclude Member States from taking measures to prohibit or restrict the possession, use or sale to the general public of certain hazardous and powerful fireworks. A nationwide advertising campaign took place prior to Halloween to highlight the dangers of fireworks and also the increased penalties for their illegal use (as introduced by amendments to the Explosives Act 1875 in the Criminal Justice Act 2006). During 2007, over 850 licence applications for the importation of explosives (including deemed substances and fireworks), 335 firearms dealers licences and 1,523 applications for importation of firearms and ammunition were processed. VICTIMS OF CRIME The Department disbursed 946,125 to 37 groups providing frontline services to victims of crime in 2007 on behalf of the Commission for the Support of Victims of Crime. A major advertising campaign promoting the organisations it funds, in particular the Crime Victims Helpline, was carried out by the Commission in December In July 2007 the Government approved an extension of one year to the term of the Dublin Archdiocese Commission of Investigation to 28 September, It is anticipated that the Commission will submit its final report to the Minister at that time. DOMESTIC VIOLENCE Funding of 21 million has been made available under the National Development Plan to continue to support awareness raising campaigns and perpetrator intervention programmes over the period of the Plan. Funding of 2.1million in 2007 represented a 13.5% increase on the budget for Cosc, the National Office for the Prevention of Domestic, Sexual and Gender-based Violence, was established in June This is the first time there has been a dedicated Government office with the key responsibility to ensure the delivery of a well co-ordinated whole of Government response to domestic, sexual and gender-based violence. The work of Cosc covers issues relating to domestic, sexual and gender-based violence against women and men (including older people in the community). There are structures and services in place to deal with these crimes and to support those affected. Some are provided by the State and some by non-governmental organisations (NGOs). Generally these work independently of one another. Cosc strongly supports all of the existing services and works closely with the service providers who support victims and treat perpetrators. Since it was set up Cosc has been engaged in building relationships with key partners, developing its structure, mission and work programme. There are many organisations who work in areas relevant to Cosc s remit and the focus initially was to make contact with the relevant Government Departments and their agencies, as well as national or umbrella NGOs. Some of this work has shown clear positive returns such as the inclusion of domestic violence as a priority for the Garda Policing Plan 2008 and the agreement by An Garda Síochána, the HSE and many NGO service providers to work on improvements to data gathering on domestic violence. In addition to interagency work Cosc s other work includes awareness raising and the further development of perpetrator intervention programmes. In 2007 Cosc funded a wide range of awareness campaigns by NGOs and perpetrator intervention programmes. HUMAN TRAFFICKING Ireland signed the Council of Europe Convention on Action against Trafficking in Human Beings in April The Criminal Law (Human Trafficking) Bill was published in October The Bill creates an offence of recruiting, transporting, transferring, 16 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

17 harbouring or causing the entry into, travel within or departure from the State of a person for the specific purpose of the trafficked person s sexual or labour exploitation or removal of his/her organs. Enactment of this legislation will bring Ireland into compliance with the criminal law/law enforcement elements of various EU, Council of Europe and UN human trafficking instruments. A public consultation period seeking the views of the public on what should be included in the National Action Plan to Prevent and Combat Human Trafficking commenced in October 2007 following the launch in Brussels of a G6 Initiative against trafficking in human beings. The G6 Initiative is a co-ordinated international campaign of activity to tackle the trafficking of human beings. Ireland, the UK, Netherlands, Poland, Italy and Spain are participating in the Initiative which is being supported by Europol, Interpol and Eurojust. This is a multi-strand operation marrying strategic policy development with a period of operational policing enforcement activity. The strands of the Initiative are intelligence gathering, awareness training, law enforcement operational activity and victim protection. Ireland will lead the strand in awareness training. A competition was held in December 2007 to appoint an Executive Director to a new Anti-Human Trafficking Unit in the Department of Justice, Equality and Law Reform. COMMUNITY INITIATIVES The Department continued to participate in the work of the RAPID (Revitalising Areas by Planning Investment and Development) Programme for disadvantaged areas. Following an evaluation of the Programme in 2006, the Programme is now focused on seven strategic themes, one of which is community safety and anti-social behaviour. The Department, with An Garda Síochána, participated in the development of these strategic themes during Particular priority was given to RAPID proposals which fall within the functional areas financed by the National Development Plan. The implementation of CCTV systems provides a strong deterrent to crime and a powerful investigative tool for An Garda Síochána in the fight against crime. In February 2007, a major expansion of the Garda CCTV town centre scheme was undertaken with a total of 17 locations included. CCTV systems were put into operation in three new locations in Ballyfermot, Clondalkin and Tullamore. Contracts were signed during the year for CCTV systems in another nine locations Castlebar, Drogheda. Ennis, Kilkenny, Mullingar, Portlaoise, Sligo, Tallaght and Waterford. Contracts were being finalised at end 2007 for systems in a further five locations Athlone, Carlow, Clonmel, Dungarvan and Kinsale. It is intended that the 14 additional systems will be in operation in To date, grant aid funding of just over 4 million has been approved for local community groups for the installation of CCTV systems under the Community Based CCTV Scheme, bringing the total number of such grants awarded to date to 97. Proposals for an innovative scheme were developed in 2007 to provide capital funding for CCTV schemes in housing schemes occupied by older persons. This initiative will operate on a pilot basis initially and will involve a total of 12 schemes with a combination of Local Authority and Irish Council for Social Housing nominated projects (rural and urban mix) as well as projects from RAPID areas. INTERNET SAFETY AND AWARENESS As a response to growing concerns about internet safety and cyber crime, the Minister announced the establishment of an Office for Internet Safety (OIS) in September 2007 as an Executive Office of the Department. The Office has responsibility for co-ordinating measures so as to ensure a safer internet environment within a self-regulatory and co-operative framework. It is particularly concerned with combating child pornography. In addition to placing cyber crime issues squarely within the crime policy framework of the Department, the OIS will be in a position to encourage greater cohesion across state agencies and the industry generally. The current Internet Advisory Board will be replaced by the Internet Safety Advisory Council, whose remit will be to support the work of the OIS and this body will be drawn from representatives of the key stakeholders in the statutory, industry and community sectors. ANNUAL REPORT

18 Two booklets in the GET WITH IT series were published by the Internet Advisory Board A Revised Parents Guide to New Media Technologies and A Parents Guide to Filtering Technologies. In the region of 40,000 copies of each booklet were distributed free of charge. INTERNATIONAL MATTERS In September 2007, Ireland signed an International Treaty establishing a new European Centre based in Lisbon the Maritime Analysis and Operations Centre (Narcotics) - to tackle the increasing shipments of drugs into Europe from, in particular, both South and Latin America. The Centre will maximise the operational effectiveness of the participating countries, namely Ireland, UK, Netherlands, France, Spain, Portugal and Italy, through the pooling of resources and enhanced intelligence sharing which will in turn enhance the interception of shipments across the Atlantic into Europe and West African states. The Treaty also provides for the possibility of extending the operational area into the Western Mediterranean basin. Ireland will be represented by the Irish Drugs Task Force of An Garda Síochána, the Customs Service and the Naval Service. Ireland signed an Agreement on the Surrender of Fugitive Offenders with the Hong Kong Special Administrative Region of the People s Republic of China in October The Agreement will enter into force after the parties have notified each other of the completion of their respective constitutional and legal requirements. The Agreement received the approval of Dáil Éireann under Article of Bunreacht na héireann in November In 2007, 173 European Arrest Warrants were received by the Central Authority for the European Arrest Warrant; this was an increase of 36% on the number received in Persons were surrendered in 2007 which is an increase of 49% on the number surrendered in REFORM OF CRIMINAL LAW The second phase of the codification of all substantive criminal law in one easily accessible penal code got under way in The Criminal Law Codification Advisory Committee, which will oversee the codification process, was established on 1 February 2007 under Part 14 of the Criminal Justice Act Innovative administrative and research support arrangements for the Advisory Committee were also put in place. The Advisory Committee submitted its first work programme for to the Minister in December The Balance in the Criminal Law Review Group published its interim report dealing with the right to silence in February The Group s final report was published in March This Report deals in particular with the right to silence, the introduction of character evidence of the accused at trial, the exclusionary rule of evidence, advance disclosure of his/her defence by the accused, with prejudice appeals in cases of wrongful acquittals, new evidence appeals, prosecution submissions before sentencing and the rules in relation to hearsay evidence. The recommendations of the Group concerning the drawing of inferences from the silence of an accused in the face of questioning by a member of An Garda Síochána were implemented in the Criminal Justice Act A number of other recommendations concerning, for example, the access of a suspect to the audiovisual recording of his or her Garda interview, were also addressed in that Act. The Fines Bill 2007 was published in January The main purposes of this Bill are to provide for the payment of fines by instalment; to provide for the indexation of fines for summary offences, including summary conviction of certain indictable offences; to increase certain fines on conviction on indictment and to provide an improved means of assessing the capacity of a person to pay a fine. Approval was given to a proposal for the drafting of a new Bill entitled the Criminal Law (Defence of Life and Property) Bill in March The purpose of the Bill is to amend the existing legislation which applies to the defence of the person and the person s home. A Law Reform Commission Report on the subject of legitimate defence, which will include issues related to defence of the home dwelling, is expected to be published in the first half 18 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

19 of A decision on the best way of progressing this issue will await the publication of the LRC Report. The legislation which currently applies in relation to self defence generally is the Non Fatal Offences against the Person Act The Prisons Act 2007 was signed into law on 31 March This Act is part of the ongoing reform in the Prisons area and is a significant step forward in the modernisation of the Irish Prison Service. It provides for the appointment of a statutory Inspector of Prisons, the development of prisons and the extension of a range of matters encompassed by Prison Rules. Following enactment of this Act, the Prison Rules 2007 came into effect on 1 October They represent the first major review of prison regulations since 1947 and encompass best international practice in this area. The Provisions of the Offences against the State (Amendment) Act 1998 were renewed for a further twelve months commencing 30 June On 14 August 2006 the Government agreed to the proposal of the former Tánaiste and Minister for Justice, Equality and Law Reform, Mr Michael McDowell, for the establishment of a Committee (the Casino Regulation Committee) to report on the possibilities for a legislative basis for the strict regulation of casino-style operations in the State. A copy of the final report of the Casino Regulation Committee was presented in April. Legislation enacted to support anti-crime measures The Criminal Law (Sexual Offences) (Amendment) Act 2007 was enacted on 7 March Prisons Act 2007 (31 March, No. 10 of 2007) The Criminal Justice Act 2007 (published on 13 March 2007) was enacted on 9 May The Act formed part of a package of measures including increased resources for all pillars of the criminal justice system, drawn up to aid efforts to counter serious crime. The Act, amongst other matters, amends the law relating to bail and the right to silence. It provides for increased sentences for second or subsequent convictions for certain types of offences, new monitoring and protection of persons orders and increased detention periods to facilitate Garda investigations. It also provides for the indefinite retention of fingerprints, for new offences relating to possession of certain articles and for new arrangements in relation to the circumstances in which recordings of Garda interviews must be given to suspects as well as ending the requirement for contemporaneous written notes to be made by Gardaí during interviews with suspects where the interview is being recorded. The Minister signed a statutory instrument on 18 May 2007 providing for the commencement of the bulk of the provisions in the Act. The Criminal Procedure (Amendment) Act 2007 was enacted on 25 October It clarifies the position of senior prison staff and Peace Commissioners in relation to recognisances where bail has been granted. Bills at various stages in the legislative process With regard to legislative proposals, the following matters received attention: The General Scheme of the Criminal Justice (Forensic Sampling and Evidence) Bill 2007 [formerly known as the DNA Database Bill] was approved for drafting by the Government on 13 February The Bill is expected to be published in Approval was given for drafting of a Prevention of Corruption (Amendment) Bill. Publication is expected early in The proposal arises primarily from recommendations of the OECD in relation to Ireland s compliance with the provisions of the Convention on Bribery of Foreign Public Officials in International Business Transactions. Elements of the EU Framework Decision on Combating Corruption in the Private Sector requiring legislation will also be included in the Bill. Other Bills Drafting of a Criminal Justice (Miscellaneous Provisions) Bill is underway. The Bill will provide for miscellaneous, mainly technical, changes to the criminal law and will give effect to certain international commitments. Publication of the Bill is expected in early Amendments to the Criminal Justice (Mutual Assistance) Bill giving effect to the mutual assistance provisions in a number of additional international instruments, were finalised in October 2007 with a view to their advancement at Dáil Committee stage. ANNUAL REPORT

20 20 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

21 DEVELOPING CRIMINAL JUSTICE SERVICES Ensuring the sufficiency of resources to the criminal justice system continues to be a priority for the Department. This High Level Goal focuses on the Department s interaction with key organisations in our area of responsibility within the criminal justice system An Garda Síochána, the Courts Service, the Irish Prisons Service and the Probation Service. The effectiveness of our policies and actions in this area has a direct bearing on our ability and that of the criminal justice agencies to deliver on the Government s comprehensive anti-crime programme. ANNUAL REPORT

22 DEVELOPING CRIMINAL JUSTICE SERVICES PROGRESS MADE IN THESE AREAS DURING 2007 AN GARDA SÍOCHÁNA Structural Reform and Modernisation: Funding of 260 million has been made available under the National Development Plan for the purpose of improving the standard of Garda stations and facilities throughout the State. Over the period of the Plan, this funding will be committed to the provision of appropriate support facilities through the development of IT and communications infrastructure and equipment, as well as the additional accommodation requirements as the Force expands towards 15,000. The Garda Ombudsman Commission commenced operations on 9 May 2007, replacing the Garda Síochána Complaints Board. The Ombudsman Commission s overall objective is to ensure that admissible complaints made against members of An Garda Síochána are examined in a way which is both transparent and equitable and increases public confidence in the Force. The Commission is independent in the exercise of its functions and is not subject to direction by the Minister or the Garda Commissioner in relation to the manner in which complaints are investigated. The Final Report of the Advisory Group on Garda Management and Leadership Development was published in September This Group was established in 2006 to act in an advisory capacity in addressing the management and leadership challenges facing An Garda Síochána. The third Report of the Garda Síochána Inspectorate entitled Policing in Ireland: Looking Forward was published in September This Report deals with a wide range of issues including vision and change, organisational structures, police operations and police administration. Accountability: The Garda Síochána Confidential Reporting of Corruption or Malpractice Regulations 2007 were published in April Also known as the Whistleblower Regulations, they are a key part of the overall reform of policing accountability and allow for Gardaí or civilian employees of An Garda Síochána to report corruption or malpractice which comes to their attention. A total of 54 civil actions against the State arising from events in Donegal (the subject of the Morris Tribunal), were settled in 2007 at a cost of 8.14 million. A further 29 cases in relation to these events remain on hand. New Discipline Regulations for An Garda Síochána, which reflect the findings of the Morris Tribunal, came into effect on 1 June COURTS The Government appointed an additional 14 judges during High Court, 4 Circuit Court and 6 District Court. Support staff were also assigned. These extra judges were deployed to reduce the waiting periods in both criminal and civil cases. The Court Presidents, who are independent in the exercise of their judicial functions, have arranged for extra court sittings in an effort to reduce these delays. Building work got underway on the landmark Criminal Courts Complex in Dublin in May The Court Service Capital Funding Programme places a priority on developing and refurbishing venues. Funding provided in the National Development Plan will facilitate this continuing investment as well as plans to develop the courts infrastructure in other areas of rapidly increasing population around the country. The cost of the Criminal Legal Aid Scheme amounted to 46 million in A review is being undertaken of the legislation and arrangements governing the granting of criminal legal aid. Other developments included: The Group established to consider the case for a general Court of Appeal and chaired by Mrs. Justice Denham of the Supreme Court, is to issue an interim report early in In partnership with the Law Reform Commission, work has commenced on a Bill to reform and consolidate over 100 Courts Acts, 40 of which pre-date the establishment of the State. Work commenced on the follow up of recommendations in Family Law Reporting Pilot Project. Establishment of a group to review the operation of the District Court A project - the Irish Sentencing Information 22 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

23 System - has been established to examine the feasibility of providing a computerised information system on sentences imposed for criminal offences, in order to assist judges when considering the sentence to be imposed in an individual case. PRISONS Funding amounting to 300 million has been made available under the National Development Plan to support the development of structures and the provision of prison rehabilitation programmes that are aimed at increasing employability, promoting pro-social attitudes and addressing offending behaviour over the period of the Plan. The Prisons Building Programme is proceeding to schedule. The Thornton Hall Campus is being progressed to an aggressive project timeframe with a preferred bidder identified in April This is the single largest capital project ever undertaken by the Department and the special statutory development consent process enacted in the Prisons Act 2007 will apply to the project. A new Inspector of Prisons, Judge Michael Reilly, was appointed and this appointment takes effect from 1 January Also, approval for significant additional staffing resources was received which will allow the introduction of a range of new security measures in prisons. These measures include: the establishment of a drug detection dog service within the Irish Prison Service the establishment of an Operational Support Group dedicated to and developing expertise in searching and gathering intelligence on illicit material being inside prisons and the introduction of security screening for all persons entering prisons and a special segregation unit for suspected gang leaders in Cloverhill Prison. petition the Minister against a finding, a sanction or both and the right of a prisoner to appeal a finding involving the forfeiture of remission. These Provisions will ensure that effective and transparent disciplinary procedures operate within the prison system. The following Reports were published Fifth Annual Report of the Inspector of Prisons for the Year Report on an Inspection of Cork Prison by the Inspector of Prisons and Places of Detention, June 2007 Report on an Inspection of Portlaoise Prison by the Inspector of Prisons and Places of Detention, November 2006 Prison Visiting Committee Annual Reports 2006: Limerick, Loughan House, Mountjoy, St Patrick s and the Training Unit Report on a Re-visit Inspection of Arbour Hill Prison by the Inspector of Prisons and Places of Detention, February 2007 Prison Visiting Committee Annual Reports 2006: Arbour Hill, Castlerea, Cloverhill, Cork, Midlands, Portlaoise, Shelton Abbey and Wheatfield Report on an Inspection of Castlerea Prison by the Inspector of Prisons and Places of Detention, October 2006 Report on an Inspection of Wheatfield Prison by the Inspector of Prisons and Places of Detention, April/May 2006 Report on an Inspection of Limerick Prison by the Inspector of Prisons and Places of Detention, June 2006 Further provisions of the Prisons Act 2007 relating to prisoner disciplinary procedures came into operation on 1 October These provisions allow for the holding of inquiries into alleged breaches of prison discipline, the imposition of sanctions where a breach is found and the right of a prisoner to ANNUAL REPORT

24 PROBATION The Probation Service has continued to implement its extensive modernisation programme with the redeployment of personnel and the refocusing of the core work of the Service. The recruitment of 71 new staff for the Probation Service to facilitate the implementation of the Children Act 2001 nationally and also to provide for additional administrative support to the Service was initiated. During the year the Probation Service continued to develop interagency links with the Courts Service, An Garda Síochána, the Irish Youth Justice Service and the Irish Prison Service. Cross-Border and European links also continued to be fostered during The National Commission of Restorative Justice was established by the Minister for Justice, Equality and Law Reform in March 2007, with Judge Mary Martin, District Court Judge and a senior member of the judiciary, acting as its full-time chairperson. The Commission s terms of reference require it to examine the concept of restorative justice and to make recommendations to the Minister as to its potential wider application in this jurisdiction, including its possible application in the context of community courts. The recommendations of a Report on Restorative Justice in January 2007 by the Oireachtas Joint Committee on Justice, Equality, Defence and Women s Rights will also be taken into account. The Commission is expected to produce an Interim Report to the Minister in early TRIBUNALS AND INQUIRIES The Morris Tribunal was established in 2002 to inquire into allegations against some Gardaí of the Donegal Division. It has produced five critical reports to date. The Tribunal completed its oral hearings in December 2007 and it is understood that three reports remain to be completed. The cost of the Tribunal in 2007 was 9.54 million and the cumulative cost to the end of December was million. The Garda Síochána Act 2005 and associated regulations represented a major aspect of the Government s comprehensive response to those findings. The Rossiter Inquiry (under the Dublin Police Act 1924) into the death of Brian Rossiter following a period in Garda custody was completed in The Chairman of the Inquiry, Mr Hugh Hartnett S.C., presented his Report to the Minister in October Questions relating to the legal aspects of its publication are currently under consideration by the Minister in consultation with his legal advisors. RESTORATIVE JUSTICE Restorative justice is an approach to criminal justice which affords the victim and/or the community a key role in the criminal justice process, while also requiring an offender to face up to the harm he or she has caused and to repair or make good the damage done. Restorative justice puts the victim at the centre of the process. 24 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

25 ANNUAL REPORT

26 26 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

27 ASYLUM, IMMIGRATION AND CITIZENSHIP The Department places a major emphasis on the continued reform of asylum and immigration systems. This High Level Goal focuses on implementing Government commitments in relation to asylum, immigration and citizenship matters, in addition to updating, as necessary, the legislative base in this area. A key priority is the enhancement of our whole of Government approach by addressing such matters as the growth in legal migration, asylum processing objectives, the need to modernise legislation in keeping with national and international requirements, streamlining the State s services and developing reception, accommodation and integration arrangements. ANNUAL REPORT

28 ASYLUM, IMMIGRATION AND CITIZENSHIP PROGRESS MADE IN THESE AREAS DURING 2007 (see related Tables in Appendix 3) ASYLUM APPLICATIONS AND CASE PROCESSING Since the early 1990s, the number of asylum applications increased considerably from some 39 applications in 1992 to a high of 11,634 in Since 2002 there has been a significant turnaround in this trend with the number of applications for asylum received decreasing annually. The number of applications received in 2007 is the lowest annual total since 1997 and is a decrease of 66% on the 2002 figure. It is also the first time since 1997 that asylum application numbers have been below 4,000. A total of 3,985 asylum applications were received in the State in 2007, a 7.6% decrease on the corresponding figure of 4,314 in When the number of transfer orders (225) effected in 2007, under the EU Dublin II Regulation, is taken into account this, in real terms, reduces the number of applications to 3,760. Following their accession to the European Union in January, 2007, asylum applications from nationals of Romania and Bulgaria are now deemed inadmissible for processing in the State, as citizens of both countries and their family members have free movement rights which, in Ireland, are set out in the European Communities (Free Movement of Persons) (No. 2) Regulations Ireland experienced an influx of Romanian nationals seeking to apply for asylum in January 2007 when some 220 such applications were received by the Office of the Refugee Applications Commissioner. Following consultations with the Attorney General, it was decided to apply the EU Treaty Protocol on asylum for nationals of Member States of the European Union. The Protocol essentially provides that applications for refugee status from EU nationals shall be inadmissible for processing by another EU Member State except in very exceptional circumstances. The top five source countries for asylum applications in 2007 were Nigeria, Iraq, China, Pakistan and Georgia. New arrangements for the speedier processing of prioritised applications were implemented with effect from 25 January, These arrangements apply in the main to nationals of Nigeria, Croatia and South Africa. Romania and Bulgaria were also included prior to their accession to the EU on 1 January % of all applications in 2007 were from nationals of countries covered by the prioritised caseload provisions. This can be compared with 38% since January, Nigerian nationals account for 1,028 of the 1,072 prioritised cases (96%) in Some 135 deportation orders to non-eu countries were effected in 2007 and, in addition, 225 transfer orders to other European States under the Dublin II Regulation were carried out. The rate of success for effecting Dublin II Regulation transfer orders signed in 2007 was 66% compared to 53% in This rate is high by European standards and is due to a number of new strategies being implemented to improve the operation of the Regulation in Ireland. An additional 417 persons who would otherwise have been removed from the State opted to be assisted to return home voluntarily in This is a substantial increase from 2006 when 238 persons opted to be assisted to return home. In 2007, for the first time, European citizens were removed in accordance with Regulation 20(1)(a) of the European Communities (Free Movement of Persons), (No 2), Regulation Removal Orders were made against nine persons of whom four were removed to various EU States during the year. When voluntary returns, deportation, Dublin II transfers and removal of EU citizens are taken into account, a total of 781 persons were either assisted to return home voluntarily or were removed during the year. The Department dealt with an increased number of applications for permission to reside in the State. The following details reflect the very significant increases in the number of applications received in 2007: General Permission to Remain - up 600 % since 2003 (includes applications for Long Term Residence) 28 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

29 Family Reunification a total of 647 applications received in 2007 which is an increase of 490% on the 2006 figures. Some 8,003 applications for naturalisation were received in 2007 representing a 13% increase on the previous year. During the year, 1,501 naturalisation certificates and 3,148 post nuptial citizenship certificates were issued. Over 150,000 visa applications were processed worldwide in 2007, including 66,000 re-entry visas. The establishment of further dedicated visa offices in London, Abuja and Cairo, in addition to the existing offices in Moscow, Beijing and New Delhi also took place during the year. The establishment of this network of offices, whose staff can make the full range of visa decisions with the benefit of local knowledge, has increased the speed and efficiency of visa processing. In early 2007, a scheme was announced for renewal of leave to remain from the non-national parents of Irish born children granted leave to remain under the Irish Born Child (IBC) Scheme. Applicants who are successful under the renewal process have had their leave to remain renewed for up to three years at which stage those qualifying will be eligible to apply for full citizenship. At the end of 2007, 14,035 applications for renewal had been received and 13,697 given grant decisions. Supreme Court Decision In December, the Supreme Court overturned the decision of the High Court in relation to its findings in a series of test cases on the Department s refusal decisions under the IBC/05 Scheme. The Supreme Court recognised the fundamental power of the State to control the entry, residence and exit of foreign nationals. JUDICIAL REVIEWS One hundred and ninety-six legal challenges to the deportation/transfer process, through the medium of Judicial Review by persons faced with deportation were instituted in A total of 490 Judicial Reviews were awaiting decisions by the courts at end Between 196 new cases and 479 cases on hand at the beginning of 2007, a total of 675 cases were managed in The volume and cost of Judicial Reviews now being taken has major human and financial resource consequences for INIS and indeed the State. LEGISLATION AND INTERNATIONAL REQUIREMENTS The Immigration, Residence and Protection Bill 2007 was published on 27 April The Bill sets out a legislative framework for the management of inward migration to Ireland and represents a comprehensive overhaul of the State s immigration and protection laws dating back to the Aliens Act of It lays down a number of important principles governing the presence in the State of foreign nationals, including the obligation on a foreign national who is unlawfully in the State to leave. It also sets out statutory processes for applying for a visa, for entry to the State, for residence in the State, for protection in the State and for being required, when necessary, to leave. The Government s term of office ended soon after publication and the incoming Government committed itself to the review and re-publication of the Bill. By the end of the year that review was at a very advanced stage. EU Council Directive 2005/71/EC on a specific procedure for admitting third-country nationals for the purposes of carrying out scientific research was implemented in October 2007 by an administrative scheme agreed with the Department of Enterprise Trade and Employment. Ireland chaired the Inter-Governmental Consultations on Asylum, Refugee and Migration Policies (IGC), an inter-governmental organisation based in Geneva, for the period July June Ireland hosted a Workshop on Designing Effective Immigration Systems in Geneva in March and the IGC Full Round of Consultations in Dublin in May Also during the year, arrangements were made which allow for participation by Ireland in the activities of the European Agency for the Management of Operational Co-operation at the External Borders of the Members States of the ANNUAL REPORT

30 European Union (FRONTEX). The Agency was established in 2005 following the adoption of Council Regulation (EC) No 2007/004 and is tasked with improving the co-ordination of operational co-operation between the Member States in the field of external border management. While Ireland is not bound by, or subject to, the application of the Regulation establishing FRONTEX, article 12 of the Regulation provides that the Agency shall facilitate operational co-operation of the Member States with Ireland in matters covered by its activities and to the extent required for the fulfilment of its tasks. IT INFRASTRUCTURE Work advanced on the delivery of a number of major INIS IT projects aimed, in particular, at better customer service provision and protection of national security and border protection. These projects are as follows: AISIP - a new case management system for the Irish Naturalisation and Immigration Service (INIS) (project name AISIP -Asylum Immigration Strategic Integration Platform) is being developed which will substantially enhance customer service provision. The key modules in the AISIP system are: A Country of Origin and Library Information System which was delivered in 2007 and is now in operation. A Case Management System An Accommodation Management System A File Tracking System. It is expected that the full system will be in place early in AFIS as outlined at High Level Goal 1, Policing Resources - the development and deployment of a new integrated electronic fingerprint system for the capture of fingerprints of asylum seekers (presenting at the Office of the Refugee Applications Commissioner) and non-eea nationals (on registration with GNIB) is part of the development of a new advanced integrated fingerprinting system for the Garda Technical Bureau. This marked the replacement of the previous manual system and the installation of electronic fingerprint capture equipment called livescan units at the Office of the Refugee Applications Commissioner. AVATS - a new visa computerisation system, known as AVATS (Automated Visa Application and Tracking System) which was developed in conjunction with the Department of Foreign Affairs, provides a comprehensive visa tracking mechanism and includes an on-line visa application facility. The System was successfully piloted in Dublin in late 2007 and it will be rolled out worldwide in OTHER DEVELOPMENTS Government sanction was granted in 2007 for the filling of 180 posts as part of the Government s decentralisation programme. The Department will progress the decentralisation of these posts to Tipperary Town during Agreement was reached with the CSO at the end of 2007 for the secondment of a statistician to assist with the development of statistical projects in INIS. RECEPTION AND INTEGRATION The reception function of the Reception and Integration Agency (RIA) accommodated 6,625 asylum seekers on 31/12/07, an increase of 21% over the course of the year. The number of centres contracted by RIA at 31/12/07 was 63 i.e. 9 more than at end Over the course of 2007, 8 previously closed centres were re-opened and 2 new centres (including a Programme Refugee Orientation Centre) were opened. One centre was closed. 538 destitute nationals from the 12 States which joined with the EU in 2004 and 2007 were assisted by RIA to voluntarily return home in Information Clinics (excluding Mosney and Dublin) were carried out in 2007 and 7 Interagency Meetings were held. Overall, 100 inspections of centres contracted to RIA were carried out in 2007, 41 by RIA staff and 59 by the independent inspection company QTS Limited. The cost of the Direct Provision system and related activities carried out by RIA remained high million was expended in 2007, an increase of almost 6% on the 2006 outturn. 30 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

31 Office of the Minister for Integration The Department places a major emphasis on continued reform of immigration related systems by updating, when necessary, the legislative base and enhancing a whole of Government approach by addressing such matters as the need to develop reception, accommodation and integration arrangements, modernise legislation in keeping with national and international requirements and streamlining the State s services through the Irish Naturalisation and Immigration Service (INIS). While matters of reception, accommodation and integration arrangements have all previously been dealt with by the Reception and Integration Agency (RIA), the newly elected Government in June 2007 decided to create a new framework to deal with the matter of integration through the establishment of a dedicated Office of the Minister for Integration. This Office represents a clear and effective platform for driving forward the integration agenda building on the expertise gained in RIA and, in addition to developing national policy on integration, the Office will also establish structures to achieve its core co-ordination and promotion aims so that the public service as a whole effectively delivers on integration objectives. It will also roll forward the current integration fund to promote mainstream objectives with core funding approved by the appropriate Department e.g. Justice, Equality and Law Reform; Community, Rural and Gaeltacht Affairs and Education and Science. Funding amounting to million has been made available under the National Development Plan which will facilitate initiatives promoting the integration of all legally resident immigrants over the period of the Plan. Research projects will also contribute to identifying appropriate and effective interventions. society. A follow up workshop on developing integration policy took place in December A cross Departmental Group was established by Government in February 2007 to carry out a review of existing integration policy, based on a report developed by the Reception and Integration Agency, and to provide an initial assessment of future policy options. The Department of the Taoiseach chaired the Group. The review was completed in May A range of strategic studies geared to informing policy development in the integration area was initiated. These included studies on English language provision for adults; interpretation and translation services and appropriate funding mechanisms for ethnic minority organisations (commissioned under the National Action Plan Against Racism (NAPAR)). A range of funding initiatives was implemented under the Immigrant Integration Fund. This was seed funding to mobilise and encourage integration-related activities at a national and community level. The Department continued to honour its commitment to offer protection to vulnerable refugees under the Government s Resettlement Programme. In September 2007 the National Residential Orientation and Training Centre was opened where newly arrived resettled refugees receive cultural orientation and training to prepare them for independent living before being permanently resettled. On 1 February, 2007 the Irish Naturalisation and Immigration Service (INIS) in co-operation with the UNHCR hosted a conference on Integration Policy - Strategies for a Cohesive Society in Dublin Castle. Coming at a crucial time in the development of immigration and integration policy, the aim of the conference was to initiate a process of consultation and reflection on appropriate strategic directions for the integration of legally resident immigrants into Irish ANNUAL REPORT

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33 PROMOTING A FAIR, TOLERANT AND CARING SOCIETY The Department and its agencies have been initiating and supporting programmes to develop a more caring and tolerant society in which equality of opportunity is promoted and advanced. The focus of this High Level Goal is to continue to develop this work by addressing issues of equality, discrimination, tolerance and diversity in terms of gender, employment, racism, disability and any other sphere requiring attention. Obligations in these areas arise not only from Government commitments, but also derive from Ireland s membership of such bodies as the EU, Council of Europe, the UN and the International Labour Organisation. ANNUAL REPORT

34 PROMOTING A FAIR, TOLERANT AND CARING SOCIETY PROGRESS MADE IN THESE AREAS DURING 2007 SOCIAL INCLUSION The Department s commitment to issues of social inclusion requires the effective co-ordination of all programmes/projects and Departmental commitments in respect of such strategies as Towards 2016, the National Development Plan , the National Strategic Reference Framework, the National Anti Poverty Strategy, the National Reform Programme, the European Social Fund and Dormant Accounts funding. Co-ordination and reporting on these matters is ongoing. DIVERSITY AND TOLERANCE National Action Plan against Racism The Government s National Action Plan against Racism (NPAR) runs for the period 2005 to The overall aim of the National Action Plan against Racism is to encourage the emergence of a more inclusive society in Ireland based on a commitment to inclusion by design, policies which promote equality of opportunity, mutual understanding and respect. This Plan now falls under the remit of the Office of the Minister for Integration. In February 2007, NPAR launched a major media public awareness campaign to highlight the important contribution made by members of minority ethnic groups to Irish society. This campaign used real life case studies to communicate a trend in Irish society, showing new Irish citizens working in key areas of Irish life. Under NPAR, funding was made available towards the development of a National Intercultural Health Strategy. This strategy will provide a framework through which both staff and service users may be supported to participate actively and meaningfully in designing, delivering and evaluating provision of health care to minority ethnic service users in Ireland. NPAR has been actively involved in supporting the development of an intercultural strategy for soccer with the Football Association of Ireland (FAI). The FAI intercultural Programme Many Voices One Goal was launched by former senior international, Paul McGrath in June The FAI has appointed a full-time National Co-ordinator to oversee this important initiative. NPAR, the Equality Authority and the Irish Management Institute established a Bizlab Cultural Diversity model to promote the business case for diversity through research, to explore and identify the primary issues in management of cultural diversity and establish a business case for investment in diversity management. This research will be completed by the end of Travellers The Department co-ordinates the work of the High Level Group on Travellers Issues including implementation of its Report. This emphasises the need for interagency co-operation with particular focus on local delivery through the structures of the County and City Development Boards (CDBs). Each CDB has established a Traveller Interagency Group to co-ordinate local delivery. A Traveller Interagency Fund was established by the Department to help support high quality projects developed through the Traveller Interagency Groups to promote the development of the interagency approach. In 2007, 15 projects were approved under Round 2 with funding of 600,000 allocated. This complements the 12 projects that were funded under Round 1 in The Department financed an independent evaluation of the Civil Service Internship Scheme for Travellers, operated by the Department of Finance during 2006/2007. The evaluation report was launched in October 2007 by Minister of State, Mr. Sean Power T.D. and participants in the programme received certificates from the Taoiseach at a special ceremony in Government Buildings. Following on a commitment in Towards 2016, the National Traveller Monitoring and Advisory Committee (NTMAC) was established in March 2007 to provide an independent forum for dialogue on Traveller issues between the relevant social partners. All of the principal national Traveller Organisations are represented on the NTMAC, as well as state agencies and other social partners. During 2007, the Department supported a number of positive communication measures including: Traveller Focus Week-a nationwide programme of cultural and information events during the first week of December each year 34 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

35 Voice of the Traveller Magazine, which is being developed as a means of providing news, discussion and entertainment, focussing on issues of particular relevance to the Traveller community. Pavee Point Mediation Service - The Department continues to support this service which engages in a range of conflict transformation initiatives. An evaluation of the work of the service was completed during the year. GENDER EQUALITY The National Women s Strategy was published on 18 April The Strategy is an all of Government commitment prepared in response to recommendations from the Social Partners and the United Nations. It aims to equalise socio-economic opportunity for women; ensure their well being and engage women as equal and active citizens. It contains twenty key objectives and over two hundred actions. A funding package of 59 million has been set aside in the National Development Plan to implement the Strategy. The first phase of the Equality for Women Measure drew to a close during A final allocation of almost 2.2 million in grant assistance was given to 18 projects. Of this amount, more than 1.95 million supported projects in CLAR areas (areas of rural regeneration) and about 250,000 went to projects with an educational focus. These high quality projects will individually contribute further to the knowledge, resources and support developed so far under this very successful Equality for Women Measure which has benefited many thousands of women since it was first launched in 2000 and which had a total funding package of 37 million. Funding of 68 million has been made available from the National Development Plan to support the next phase of the Equality for Women Measure which aims to build upon the previous phase in a more structured manner. It aims, inter alia, to improve equality between men and women, to tackle educational and social barriers to women entering and progressing within the workforce and to support the advancement of women to decision-making levels in employment and in civil society. DISABILITY EQUALITY Following the appointment of the Government in June, 2007, a Delegation of Functions Order was made delegating responsibility for Disability Equality to the Minister of State with responsibility for Disability and Mental Health, Dr. Jimmy Devins, T. D. Implementation of the National Disability Strategy is the focus of disability policy over the lifetime of the partnership agreement, Towards The National Disability Strategy Stakeholder Monitoring Group (NDSSMG), comprised of senior officials of Government Departments, stakeholders in the disability sector and the National Disability Authority (NDA), monitors the implementation of the National Disability Strategy. The second bi-annual meeting of the Group took place in July 2007 and the first implementation progress report was presented to the Minister of State. The Department has responsibility for the implementation of the Disability Act 2005, one of the key elements of the National Disability Strategy. By the end of 2007, all Parts of the Act were commenced. Part 5 of the Disability Act 2005 provides for a statutory target, currently set at 3%, for the recruitment and employment of people with disabilities in the public sector. The Act provides a framework for monitoring this employment target in all public bodies through monitoring committees under the aegis of relevant Ministers of the Government. The National Disability Authority has an overall monitoring and reporting role under the Act. The first report on 2006 data was submitted by the NDA to the Minister of State on 30 November The report was also submitted to Government in December The Director of the newly established Centre of Excellence in Universal Design in the NDA took up duty in April Recruitment of specialists in the areas of the built environment, product design and ICT is ongoing. The NDA launched the Centre with a Conference on Universal Design on 16 October, The second Excellence through Accessibility (EtA) Awards ceremony took place on 3 December ANNUAL REPORT

36 The NDA organised the ceremony to coincide with the International Day for people with disabilities and 13 public bodies received EtA awards. The aim of the EtA award is to examine and encourage the accessibility of services provided by Government Departments and agencies under their remit to people with disabilities. The NDA is responsible for issuing guidelines in accordance with international norms and awarding an accessibility symbol to compliant public offices. Ireland was in the first group of countries to sign, subject to ratification, the United Nations Convention on the Rights of Persons with Disabilities when it opened for signature on 30 March A high-level, cross-departmental implementation group was established under the chairmanship of this Department in 2007 to advise on any changes to the Government s National Disability Strategy that may be required to enable Ireland to ratify the Convention as soon as possible. One area being addressed is reform of the law on the legal capacity of vulnerable adults. This implementation group is consulting with representatives of people with disabilities as it carries out its work. The NDA hosted a seminar on the UN Convention and the Council of Europe s Disability Action Plan , and the implications for Ireland, in Farmleigh on 3 October Funding of over 16 million was made available under the National Development Plan for a programme of overarching support-projects in the Justice area focusing on improved accessibility to services including technology development and implementation of existing legal provisions in relation to the position of people with disabilities. An expenditure package of 6 million in grant aid was administered under the Independent Living Support Programme. Sixty four voluntary and not-for-profit organisations throughout the country received funding for the purchase of capital equipment which will assist them in enabling and maintaining independent living for people with disabilities. funding programme. Thirty one major innovative projects to assist people with disabilities were funded by this Department in 2007, with Pobal administering a further 4.3 million of the 15 million funding package. In addition, the Department provided an expenditure package of 790,000 in grants under the Accessible Transport Project Funding to enable 18 organisations to purchase accessible vehicles to assist people with disabilities to interact more fully with their community, assist independent living and allow improved access to services. The Department also participated in the funding of a number of awareness raising projects including the About the House TV programme, the Three 60 TV programme, the National Information Day on Disabilities and the European Year of Equal Opportunities. The Department also provided funding to the disability organisations People with Disabilities in Ireland Ltd (PwDI) and the Vantastic Dial-a-Ride demonstration project on accessible transport for people with disabilities. EMPLOYMENT EQUALITY A new board of the Equality Authority was appointed by Government. The Authority plays a lead role in contributing to a society where diversity is valued and where those experiencing discrimination can instead experience and enjoy equality and inclusion. The Working Group on Insurance-related issues in the Gender Non-Employment Directive (2004/113/ EC) published their report in The Group was established in 2006 to examine the implications of implementing the EU Directive s principle of equal treatment between men and women in the access to, and supply of, goods and services in the insurance and related financial service sectors. A copy of the report is available on the Department s website, The Government accepted the recommendations of the Working Group and authorised the drafting of legislation for their implementation, by way of amendments to the Civil Law (Miscellaneous Provisions) Bill The Department has worked with Pobal to progress the delivery of the Enhancing Disability Services 36 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

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39 CONTRIBUTING TO A SECURE AND PEACEFUL SOCIETY A primary function of the Department is to ensure, through appropriate policies and measures, that the security of the State is guaranteed. This High Level Goal underpins the Department s role in the Government s commitment to continuing to contribute to the Northern Ireland peace process ANNUAL REPORT

40 CONTRIBUTING TO A SECURE AND PEACEFUL SOCIETY PROGRESS MADE IN THE FOLLOWING AREAS DURING 2007 The Government announced its approval to extend the term of the Remembrance Commission to end October 2008 as it was of the view that the Commission s task was not yet complete and still had a valuable contribution to make. A budget of 1.76 million was secured for this purpose. The final budget for 2007 was 1.25 million. The Department continued to liaise closely with the Independent Monitoring Commission (IMC), whose role is to report on paramilitary activity, security normalisation and participation in the political institutions of the State. The Independent Commission for the Location of Victims Remains (ICLVR) remains active in its work of trying to locate and recover the remains of those who were killed during the Troubles and buried in secret. The ICLVR retained the services of experts in this area and undertook a publicity campaign during 2007 with a view to encouraging people who may have information which may assist in locating remains to give that information. A freephone service was also established to facilitate people passing on information. The Department remains engaged with the issue of criminal justice co-operation with Northern Ireland. The Intergovernmental Agreement on Co-operation on Criminal Justice Matters set out the formal structures for enhancing North-South co-operation in criminal justice. A Working Group of Senior Officials continued the work in advancing co-operation across a range of areas, including forensic science, youth justice and support for victims of crime and probation. New areas for co-operation are also being examined. The Department also continued to liaise with the International Independent Commission of Decommissioning and to provide, in conjunction with the UK Government, financial support for its work. The following Reports of the IMC to the Irish and British Governments under the International Agreement establishing the Commission in 2003 were published was not engaged in paramilitary activity. In its response the Government welcomed these positive and clear-cut findings and looked forward to addressing the outstanding obstacles to the restoration of the devolved institutions at the St. Andrews talks. 13th Report - this report was requested by the two Governments as part of the timetable for implementation of the St Andrews Agreement. In its response the Government welcomed the very positive assessment of the PIRA s continuing commitment to following the political path, with no involvement in any type of terrorist activity or criminality. The Report also stated unequivocally that Terrorism and violence have been abandoned by PIRA. 14th Report - this report was the third to the two Governments under Article 5(1) of the International Agreement establishing the Commission and deals with the programme of security normalisation published by the British Government on 1 August The Government welcomed the Report s conclusion that the commitments entered into by the British Government had been met, ahead of target in some areas and outlined the specific actions taken by the British Government in the third six months of the security normalisation programme. 15th Report - this Report reiterated the IMC s earlier assessments that the PIRA had abandoned terrorism and violence and continued as an organisation not to be involved in criminal activity. 16th Report - this was the fourth and final Report to be delivered under Article 5(1) (programme of security normalisation published by the British Government on 1 August 2005) of the International Agreement establishing the Commission. The overall conclusion of the Report was that the normalisation programme as a whole had been complied with. 17th Report this Report continues the regular, periodic examination of paramilitary activity. It noted the continuing violence and criminality associated with dissident groups and other paramilitaries. 12th Report (published end 2006) this report reiterated the IMC s view that PIRA had committed itself to following the political path and 40 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

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43 CIVIL LAW REFORM Legislation to reform specific areas of civil and administrative law accounts for a significant proportion of the Department s substantial law reform output. The objective of this High Level Goal is to complete the programme of civil law reform contained in the Government s Legislative Programme, to continue to keep civil law under review and to provide for improved regulatory systems where required ANNUAL REPORT

44 CIVIL LAW REFORM PROGRESS MADE IN THE FOLLOWING AREAS DURING 2007 Legislation to reform specific areas of civil law accounts for a significant proportion of the Department s output and its ongoing objective in this respect is to complete the programme of law reform contained in the Government s Legislative Programme, to keep all law under review and to provide for improved regulatory systems where required. The Court and Court Officers (Amendment) Bill 2007 was enacted in It provides for the appointment of four additional judges of the High Court, four additional judges of the Circuit Court and six additional judges of the District Court. The Land and Conveyancing Law Reform Bill 2006 completed Second Stage in Dáil on 6 November 2007 (having completed all stages in the Seanad). The Bill will simplify and modernise land and conveyancing law by repealing over 150 pre-1922 statutes and replacing them with provisions more suited to modern conditions. In April 2007 the Coroner s Bill was published. This Bill provides for a comprehensive reform of the law and for the structural reform of the Coroner Service. The Bill completed Second Stage in the Seanad on 4 October, 2007 and awaits Committee Stage. The Tribunals of Inquiry Bill 2005 which was presented to Dáil Éireann on 25 November, 2005 commenced Second Stage consideration on 20 November, The Bill provides for a modern comprehensive statutory framework governing all aspects of the operation of a tribunal, from establishment to the publication of final report. It reforms and consolidates current legislation and implements in large part the recommendations contained in the Law Reform Commission s final Report on Public Inquiries including Tribunals of Inquiry. The Defamation Bill 2006, presented to the Seanad in July 2006, updates the law on defamation, taking into account the need for a balance between the competing rights of freedom of expression and respect for one s good name and reputation. It provides for recognition of an independent Press Council, subject to certain conditions regarding its establishment. Seanad Committee Stage consideration of the Bill was completed on 11 December, The new Head Office of the National Property Services Regulatory Authority (NPSRA), located in Navan, Co. Meath, was officially opened by the Minister in November The Minister also launched (i) a new Code of Practice for the property services industry and (ii) the Public Register of Licensed Auctioneers and Estate Agents. The Code of Practice identifies the key principles and values which should guide property services providers in their daily business and sets out the minimum standards of professional conduct to be expected of them in the provision of property services whilst the Public Register of Licensed Auctioneers and Estate Agents includes details of the names, addresses and trading names of all licensed Auctioneers and Estate Agents. Information relating to those who signed up to the new Code of Practice was included in the Register with effect from end-november. Ultimately, the Register will include relevant details of all property services providers, including management agents. A Property Services Regulatory Authority Bill in the course of being drafted, will formally establish the Property Services Regulatory Authority to provide for the licensing of property service providers including auctioneers, estate agents and property management agents. The Legal Practitioners (Irish Language) Bill 2007 was published in November 2007 and completed Second Stage in the Dáil in December It replaces existing statutory provisions for Irish language competence for barristers and solicitors, promotes the better use of the Irish language by legal practitioners and the provision of legal services through Irish. The Bill requires King s Inns and the Law Society to provide Irish courses and the establishment of registers containing details of practitioners competent to provide legal services in Irish. The Report of the Study Group on Pre-nuptial Agreements, published in April 2007, provided a comprehensive analysis of the law in this area and its recommendations are under consideration. The 44 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

45 Report examines pre-nuptial agreements in the context of the constitutional protection accorded to marriage and the right to marry, and the overriding constitutional imperative of proper provision on divorce. Other Bills at various stages in the legislative process: The Sale of Alcohol Bill work is progressing on the drafting of a comprehensive Bill which will repeal the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004 and replace them with provisions more suited to modern conditions. Proposals for a Civil Partnership Bill were advanced. The purpose of this Bill is to fulfil the Government s commitment to legislate for civil partnership and to give effect to the redress scheme for qualified cohabitants as recommended by the Law Reform Commission. The Civil Law (Miscellaneous Provisions) Bill 2006 completed Committee Stage in the Dáil in December The Bill provides for amendments to the law in a variety of areas including business tenancies, courts and court officers, making of statutory declarations abroad, censorship of films, civil legal aid and succession law. The Government approved the establishment of the Government Alcohol Advisory Group in December 2007 to examine the following aspects of the law governing the sale and consumption of alcohol and to report to the Minister with their assessment on the best way forward, namely- Ó the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and the manner and conditions of sale in such outlets, including below unit-cost selling and special promotions; Ó the increase in the number of licensed premises availing of special exemption orders which permit longer opening hours; and Ó the use, adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combating excessive and under-age alcohol consumption. The Group is due to report to the Minister by 31 March Drafting of a Bill providing for the establishment of a Legal Services Ombudsman was at an advanced stage in late 2007 and is expected to be published in early Work is at an advanced stage on the preparation of proposals for the Mental Capacity Bill that will implement the Law Reform Commission s recommendations in their report on Vulnerable Adults and the law. Draft heads are in preparation on a Family Law Bill to deal with a range of family law matters and a Judicial Council Bill to provide effective remedies for complaints about judicial misbehaviour including lay participation in the investigation of complaints. In the latter case, consultations with the judiciary are ongoing. The Report of the Implementation Group established to advise on administrative structures was published on 1 March 2007 in respect of the Legal Costs Bill. EU and International: Negotiations on a range of EU and International proposals continued during the period in question. In particular, two important EU instruments were adopted in the civil area dealing with small claims judgements and applicable law in the area of non-contractual obligations. In addition, within the framework of the Hague Conference on Private International Law, there was agreement on the terms of a new Convention with aims to facilitate the recovery of maintenance in a worldwide context. ANNUAL REPORT

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47 BUSINESS DELIVERY AND MODERNISATION The Department is committed to achieving its business objectives and driving improvements in service levels and output. This High Level Goal provides the Department s support of business objectives through the effective management of resources and the implementation of modernisation commitments under Partnership Agreements. ANNUAL REPORT

48 BUSINESS DELIVERY AND MODERNISATION PROGRESS MADE IN THESE AREAS DURING 2007 The Department is committed to achieving its business objectives and in driving improvements in services levels and outputs. It supports its business objectives through the effective management of resources and the implementation of modernisation commitments under the Partnership Agreements. Opportunities for Team Working and Cross Functional Working across the Department s full range of activities are analysed on an ongoing basis and contact is made with other Departments and Justice and Equality Sector organisations whenever necessary. An example of this in 2007 is Cosc, the newly established, dedicated National Office for the Prevention of Domestic, Sexual and Gender-based Violence. POLICY PLANNING AND RESEARCH The Policy Planning Research Unit (PPRU) approved a total of seven new projects in 2007 including: The Codification of Criminal Law Research into the establishment of a Court of Appeal A study of Firearms Dealers European Arrest Warrant Act 2003 High Court and Supreme Court Judgements from 2004 to 2007 The Fulbright Commission Scholarship Programme The NACD Drug Markets Study Prejudice in Ireland Revisited CUSTOMER SERVICE Customer Service is a central component of any organisation, in that the quality of the service provided determines the perceived effectiveness and efficiency of that organisation by the public at large. Consequently, this matter is given priority on an ongoing basis by the Department and a number of significant initiatives have been advanced during The Department s Disability Advisory Group continued to meet in 2007 to seek ways of improving access to public services provided by the Department for people with disabilities. The Department s website was re-launched in 2007 with emphasis placed on clearer wording and description with a more user friendly design and better site accessibility. The Department s website has been designed to comply with WAI Triple A compliance requirements and has been rated by external audit as being reasonably accessible. Work is ongoing to improve this assessment. The Department has undertaken a training programme to provide services in Irish. Staff are now available where necessary to deal with customer queries where there is a request by the customer for the provision of services through Irish. Training was contracted for staff in the Department and in INIS regarding the use of Plain English when dealing with customers with poor/little English. Planning in respect of a Course aimed at improving the quality of correspondence issuing from the Department was finalised. The Course will become available in INFORMATION TECHNOLOGY Since March 2007, the Interim Parole Board, the Refugee Appeals Tribunal, the Office of the Censorship of Publications, the Criminally Inflicted Injuries Compensation Tribunal and the National Crime Council have been brought into the shared IT service. In the area of Human Resource Management, work continued during 2007 to clean the existing data on the Human Resource Management System and to input data which was not previously maintained electronically. FINANCIAL MANAGEMENT Financial Management constitutes a major facet of effective and efficient management. With regard to this the Oracle Financial Management System has been extended to the Probation Service and is fully operational under the Department s Charter of Accounts and financial reporting procedures. Also, a contract to outsource certain elements of system maintenance and development for the Oracle Financial Management System is now in place. This ensures that any skills deficit in the 48 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM

49 Financial Shared Services centre is filled appropriately and also ensures that there is continued development of the system with support and maintenance of a standard that reduces the likelihood of system downtime for users. All staff are now on the Travel and Subsistence self service system and budget and reporting delivery systems are in place for all managers of cost centres. Costing models have been delivered and training is ongoing in their use, and an online financial enquiry service in now available to all line managers requiring access. Resource Allocation and Business Planning within the Department has resulted in the production of the first Annual Output Statement in March 2007 which will be an annual feature of Departmental reporting in the future (See Appendix 2). The draft procurement Plan was finalised in Q and is currently being updated in line with the Strategy Statement FINANCIAL SHARED SERVICES The Department s Financial Services centre in Killarney provides financial services to the Department, An Garda Síochána, the Irish Prison Service, the Courts Service, the Property Registration Authority, the Department of Arts, Sport and Tourism, the National Library of Ireland and the National Museum of Ireland. Service delivery is governed by Service Level Agreements between these organisations and the Financial Shared Services Centre. The services include payroll, accounts payable, staff expenses and the support and development of financial computer systems. Following successful negotiations throughout 2007, the services are being extended to the Department of the Taoiseach in early PROMPT PAYMENT OF ACCOUNTS ACT 1997 In accordance with the Prompt Payment of Accounts Act 1997, the following information is provided in respect of the financial period ending 31 December 2007 (a) Payment Practices - The Department makes payment to suppliers in accordance with the terms specified in the respective invoices or conditions specified in individual contracts, if appropriate. Since 2002 the standard terms are 30 days. (b) Late Payments Invoice Amount No. of Invoices Amount of Interest Paid Under , Over 317 1,342 63, Total 1,593 65, (c) Overall percentage of late payments to total payments and total interest paid The overall percentage of late payments to total payments was 3% The total amount of interest paid with respect to late payments was 65, INTERNAL AUDIT The Department of Justice Equality and Law Reform remains committed to the highest standards of Corporate Governance and established an Audit Committee in January The committee comprises five members; four members are independent of the Department of Justice, Equality and Law Reform. The committee has its own terms of reference and charter and the members of the Audit Committee continue to provide a valuable service to the organisation. The role of the Audit Committee includes advising the Secretary General on the adequacy and effectiveness of the systems and internal controls operating within the Department. The Audit Committee met six times in 2007 and reviewed a range of work across Votes 19 and 21 (Justice and the Prison Service). FREEDOM OF INFORMATION (FOI) Every effort was made to maintain high quality decision making in responding to all Freedom of Information requests through the provision of ongoing training for appointed deciding officers and appeals officers of the Department. The Department continues to participate in the Civil Service Users Network group (CSUN) - a group of FOI Officers in Civil Service Departments which is ANNUAL REPORT

50 an invaluable tool in the exchange of information when dealing with inter-departmental FOI requests, assisting in the processing of common requests in a unified and efficient manner. A total of 445 requests were processed under the Freedom of Information Acts 1997 and % of requests were for personal information from staff and clients of the Department approximately 18.4% of requests were from journalists ARCHIVES ADVISORY GROUP In June 2007, the Department transferred about 185 files and records dealing with national security matters covering the period to the National Archives. During the second half of 2007, the Archives Advisory Group continued its work of examining files covering the years (for release during 2008). REGULATORY REFORM The Department is engaged in the ongoing process of review, modernisation and evaluation of effectiveness of law reform activity and has nominated two representatives to the interdepartmental group, the RIA network. This network will promote and facilitate the use of Regulatory Impact Analysis within and across Government Departments and Offices and provide a contact point in each Department and Office to facilitate contact and information-sharing between the various bodies. RIA s were carried out on the following pieces of legislation during 2007: Amendment of Equality Legislation in order to transpose EU Directive 2004/113/EC into Irish Law Criminal Justice (Money Laundering) Bill Explosives Bill 2008 Government Committee Stage Amendments to the Civil Law (Miscellaneous Provisions) Bill DECENTRALISATION The Department s Decentralisation Programme has made significant progress during The Irish Prison Service relocated from its Dublin offices to its newly built permanent accommodation in Longford town on 23 July, 2007, involving the relocation of 141 posts. Another move from Garda Headquarters has now been completed with the Fixed Charge Processing Section relocating to Thurles on 30 October 2007, bringing the total number of posts moving to the town to over one hundred. An early phase move of the Equality Authority to Roscrea has taken place involving an advance party of 20. There are 9 staff in situ and a further 11 will join them in early The National Property Services Regulatory Authority (7 posts) was opened by the Minister in Navan on 15 November Work is underway in relation to an advance move of around 60 posts from the Irish Naturalisation and Immigration Service (INIS) to Tipperary town. DATA STRATEGY Effective analysis of the complex policy issues facing the Department requires progress to be made in developing the data and statistics collected and disseminated for the purpose of policy making/ evaluation and a comprehensive strategic approach is required if this wide range of data needs is to be addressed effectively. This involves an audit of the data sources available, an evaluation of the situation across the Department and the Justice and Equality Sector organisations and the production of a comprehensive Strategy document containing recommendations on how to progress the matter. During 2007, an evaluation of the situation within the Department was undertaken and a preliminary report compiled. ENERGY SAVING MEASURES There was further progression in the Department s policy to use products which are 100% recycled, partly recycled or made by way of the forest control method. An energy audit was commissioned for the office building in Burgh Quay and was carried out with Sustainable Energy Ireland (SEI) in the latter half of Following this, significant savings in energy bills were made. 50 DEPARTMENT OF JUSTICE, EQUALITY AND LAW REFORM