Select Committee on Justice, Defence and Equality
2012 Estimates – Justice Vote Group
Opening Remarks by the Minister for Justice, Equality and Defence,
Alan Shatter T.D.
Chairman, I welcome the opportunity to meet with the Committee as it
considers the 2012 estimates for my Department’s group of Votes.
I am obviously pleased that, in gross terms, the estimate available for the
Justice Vote Group in 2012 is €2.3 billion. I would prefer if there were
more financial resources available for the Justice Sector but that is
clearly not going to be the case for some considerable time, in view of the
financial legacy with which we are grappling. There is little point in
dwelling on the past: our focus now should be on ensuring that the
resources available are used to best effect.
The Members of the Committee will be aware of the change in the method of
presentation of the estimates this year. The aim – for all Votes - is to
present the usual financial information, but also to include the various
key outputs and other information which give a better indication as to how
the resources available to each Vote will be utilised. The result is a
number of key programmes, and Members will have noted that the estimates
this year are organised around these programmes.
Let me turn now to the individual programmes in the Justice Group of Votes.
The programme description in the case of the Garda Vote – working with
communities to protect and serve - encapsulates very well the ethos of An
Garda Síochána. There is no question but that, without the considerable
input of all staff in the Garda Síochána, our communities would be far less
safe places to live and work.
Given some of the political and media commentary of late, one could almost
be forgiven for forming the impression that the Garda presence in our
communities is being significantly diluted. Nothing, in fact, could be
further from the truth. Local Garda Management closely monitors the
allocation of all resources in the context of crime trends, policing needs
and other operational strategies in place on a District, Divisional and
Regional level, to ensure optimum use is made of Garda resources, and the
best possible Garda service is provided to the public. The importance of
the partnership between An Garda Síochána and the community in preventing
and detecting crime and maintaining a safe environment for everyone can
never be over-emphasised and the pledge of An Garda Síochána is to continue
to invest time and energy in those partnerships and relationships to the
benefit of all.
Moreover, even allowing for a modest number of Garda Station closures in
2012, there will still be over 660 Garda stations operational at the end of
this year. The Commissioner will continue to review the number of stations
required for effective policing and, while I expect that there may be
further closures, any decisions in this regard will take fully into account
the requirements of effective policing in the areas concerned.
I make no apologies for supporting the review of a Garda station network
which has been in place, for the most part, since the foundation of the
State. I might add that, while the construction of new stations is paid
from the OPW Vote, €6.5 million has been provided in the Garda Vote in the
current year for the maintenance and repair of existing Garda stations.
More generally, though, Members will be aware that almost 90% of the Garda
Vote is comprised of pay and superannuation and that, despite the
moratorium on recruitment which has been in place since 2009, there are
currently just under 13,600 serving members of An Garda Síochána. The
serving members are supported by a civilian staff complement of
approximately 2,060 full-time equivalents and a Reserve Force of 921
members. It’s clear, then, that we have a well-trained police force
serving communities in a multitude of different ways.
Members and staff of An Garda Síochána deliver a wide range of outputs, and
are involved in crime prevention and detection activities ranging from
ensuring our nation’s security, confronting crime in all its forms and
ensuring a peaceful community. The published estimates give some clear
indicators of this broadly-focussed work, encompassing implementation of
strategies in relation to youth and children, older people in our
communities, the Safer Communities Campaign, and the National Model of
Community Policing. I’d direct Members’ notice particularly to their work
on some 114 joint policing committees, implementation of the Garda
Diversity Strategy and the establishment of a Garda Victim Liaison Office.
While crime statistics on their own do not fully reflect the effectiveness
of policing measures and strategies, they are a benchmark and particularly
useful in analysing and explaining trends over a period of time. They also
form a useful context and impact indicator in relation to policing activity
and the use of resources in this area.
The 2011 crime figures were not available at the time the Revised Estimate
Volume was published in February. However, as has been well reported at
this stage, there was a decrease in eleven of fourteen crime groups in 2011
as compared with 2010. Indeed, the overall trend shows a decrease in most
types of crime, including homicide, assault, criminal damage and drug and
public order offences. Taken together, this overall decrease represents a
substantial achievement for law enforcement and crime prevention in
Ireland.
However, there is absolutely no room for complacency and the increase in
the rate of some property offences, including burglary, emphasises the
importance of continued vigilance and effective crime prevention. In this
regard, the Commissioner has put in place a number of targeted initiatives,
including Operation Fiacla, which is particularly focused on identifying
and targeting mobile gangs involved in burglaries around the country, with
the aim of disrupting their activities and bringing them before the Courts.
As with all areas of the public sector, in the current climate, reform is
not just desirable but is an absolute necessity, if we are to manage
essential public services within the limited resources at our disposal. I
am pleased that Garda Management and members of An Garda Síochána have not
been found wanting in this regard, but have continued to progress change
right across the organisation. As an example: the new Garda roster
system, which has been recently introduced, represents real reform in
action. The new rosters are designed to provide a better match between the
availability of Garda members on duty and fluctuating demand for policing
services. The rosters also respect the EU Working Time Directive and
safeguard the health and welfare of members, giving a better work-life
balance. This has the potential to be a win-win reform, with better use of
resources, a better service to the public and better conditions for
members.
Turning now to prisons, a gross expenditure budget of €336.2 million is
being provided for the Prisons Vote in 2012. This is a very significant
figure, but it has to be used to address some very stark challenges – such
as to “reduce chronic overcrowding” in a number of prisons. There is no
point beating around the bush: this is a very big challenge, and one that
we have to tackle in a time of reduced financial resources.
And this is all happening at a time when the number of committals appears
to be on an upward trend – an increase of 12.6% between 2009 and 2011. The
average numbers on temporary release have also increased during this period
- from 535 prisoners in 2009 to 785 in 2011.
So, we have to be more rigorous in planning how to deal with this
overcrowding and how to improve the physical conditions in our prisons.
The position in Cork Prison illustrates this point. The Thornton Hall
Review Group recommended the building of a new prison to serve the Munster
area on a 160 acre site owned by the Department of Defence in Kilworth, Co
Cork. However, the reduced capital envelope this year will not allow the
Prison Service to proceed with this development.
This has meant that the Prison Service has had to examine alternatives, as
a result of which a plan is currently being developed to examine the
feasibility of replacing the existing prison with a new prison, with a
capacity of about 250 prisoners, and with all related and support ancillary
services, constructed on the adjacent prison car park site. It appears
that this is likely to be a much more cost effective solution than
developing a green field location. A final decision will be made when
detailed plans, design and costs have been finalised.
In 2012 there is a capital provision of €23.1 million for new building
work, over half of which will be spent on the completion of the new
accommodation block at Midlands Prison. This accommodation, when completed
at the end of this year, will provide in the region of 300 new prison
spaces. I am also pleased to say that there is provision within this
year’s budget for renovation work on a further area within Mountjoy Prison
which will significantly increase the number of cells having in-cell
sanitation by the end of this year.
In fairness to the Prisons Service, the change agenda was being well
progressed even before the framework set by the Croke Park Agreement.
However, given the increasing demands on the service and the reduction in
resources, it is now more important than ever to implement new processes,
deliver incentivised regimes, and revise staffing levels accordingly.
The recent recruitment competition to introduce the new civilian
administrative and support grades to replace the current grade of Prison
Clerk must be welcomed. The Clerks will be redeployed to other positions
crucial to the ongoing operation of the Prison Service. Another important
element of the reform programme is the development of new campus structures
in Mountjoy, Cloverhill/Wheatfield and Portlaoise/Midlands prisons. The
imminent appointment of two further Campus Governors will facilitate the
development of the agreed new Campus structures in the prisons, whereby
eight separate prison management structures will be combined into three
consolidated Campus management structures.
It is clear, therefore, that considerable progress continues to be made
under the reform agenda and this is helping to create the environment
necessary to achieve the 2012 output targets which the Prison Service has
set. These targets, which are also reflected in the recently-published
three-year strategic plan for the Service, include increased participation
in both structured activities and the integrated sentence management system
which should mean a more positive outcome from the time offenders spend in
prison.
A further measure, the Community Return Project, operated in conjunction
with the Probation Service, provides for earned and structured temporary
release to be offered to offenders who pose no threat to society, in return
for supervised community service. Even though it is but one aspect of a
very broad-ranging strategy, this particular measure has been the subject
of much comment over the past month. As I have made clear since the launch
of the initiative, factors such as the nature and gravity of the offence,
the risk of the person reoffending and the person’s conduct while in
custody will be taken into account in selecting offenders for this scheme.
In this, as in all matters pertaining to the criminal justice system,
balance is of paramount importance, and let me assure the Members of the
Committee that I will never lose sight of the need to put public safety and
the integrity of the Criminal Justice System to the forefront in all
developments in this area.
The net budget allocated to the Courts Vote in 2012 is €54.775 million.
This consists of gross expenditure of €107.090 million and an
appropriations-in-aid allocation of €52.315 million. Last year, the Courts
Service collected over €45 million in various fees. The target has
increased to almost €48.5 million for 2012 and this has meant that certain
categories of fees have had to be increased. These include the fees
related to certain transactions in the Commercial Court.
Like all the other parts of the Justice Sector, the Courts Service is
undertaking a major reform programme.
The output of this is reflected in the Revised Estimate Volume where
details of the amalgamation of Court Venues and combination of District and
Circuit operations to make better use of resources are given.
Further restructuring in line with the TASC (Transforming Administration
and Structures in the Courts) is underway in 2012. The Courts Service has
a large footprint throughout the country, but inevitably there is scope to
rationalise the number of Court venues to ensure that courts sit in venues
with appropriate facilities and that the best value for money is obtained
from the facilities available.
In common with all areas of the Public Sector, the Courts Service has
experienced a significant reduction in staffing resources in recent years.
Undoubtedly, the departure of staff with years of experience and knowledge
presents a formidable challenge to the organisation. Consequently, the
support of its staff and the emphasis on staff training and development in
the outputs for 2011 and 2012 are important areas for the Courts Service.
I am pleased that the Courts ICT capital budget for 2012 includes €1
million for the development of systems to facilitate the introduction of
certain provisions of the Fines Act 2010, including the payment of fines by
instalment. This measure, together with other initiatives being driven by
the Courts Service, such as the online facility for payment of fines,
should increase the fines collection rate beyond the average rate of 70% in
the last two years.
The Property Registration Authority (PRA) has a net budgetary provision of
€32.661 million in the current year. The digitisation of all its mapping
records, together with other investment in its technology, means that the
PRA has developed extensive on-line services which it is committed to
expanding further during 2012.
The modernisation programme engaged in by the PRA has provided an extensive
and up-to-date database of property ownership and related information.
As a result, this data can be used in a cost effective way across a range
of other Departments and State Agencies, including the National Asset
Management Agency, the National Roads Authority and the Department of
Environment, Community and Local Government.
The final Vote in the Justice Group is the Justice and Equality Vote, which
contains in the region of sixty subheads across a range of line divisions,
executive offices and agencies, each of which plays a crucial role in the
integrated delivery of justice and equality services.
There is a net budget of €331.22 million allocated to the Justice and
Equality Vote in 2012. This is made up of a gross expenditure budget of
€377.9 million and appropriations-in-aid (receipts) target of €46.6
million. There is also €0.46 million in an unspent capital allocation
carried forward from 2011 to 2012.
The appendix to the revised estimates outlines the programmes, key outputs
and context and impact indicators for the Justice and Equality Vote. These
programmes are closely aligned with the high-level goals in the
Department’s Strategy Statement. The next stage in this change process
will be to fully link the expenditure and budgets to these programmes and
this will be in place for the 2013 estimates.
A number of the programme headings are self explanatory, such as
maintaining a secure Ireland, working for safe communities, promotion of
equality and integration and facilitating the provision and administration
of justice. These programmes interlink very closely with the other areas
in the justice sector such as the Garda Síochána, Courts and Prisons
programmes, outlined earlier.
The budget for key organisations central to the measures to counter
organised and other serious crime is reflected in the Justice and Equality
Vote.
There is provision of over €9.6 million for the Forensic Science Laboratory
when the capital carryover is taken into account. The budget available to
the Criminal Asserts Bureau has been maintained at over €7.7 million and
the State Pathology Office has a budget of almost €3.5 million.
In other areas of the Vote it has been possible to provide a budget of over
€40 million to the Probation Service and over €17.3 million to the Irish
Youth Justice Service in relation to Community Programmes, including Garda
Youth Diversion projects. Despite the difficult financial environment, I
am committed, in so far as resources allow, to working with the Probation
Service to fully utilise the range of community-based and other sanctions
as an alternative to imprisonment.
The final two programmes in the Justice and Equality Vote cover our
commitments in the international arena, which range from our involvement in
measures to combat the degrading and reprehensible practice of human
trafficking, maintaining the integrity of our immigration and asylum
process, to preparing for the EU Presidency in the first six months of
2013. There will be a very significant emphasis on Justice and Home
Affairs issues in the upcoming Presidency and this will involve substantial
input from my Department.
The final programme relates to my Department’s contribution to our nation’s
economic recovery. My Department has had significant interaction to date
with our external funding partners in relation to two key areas in
particular: regulation of the legal profession and greater transparency in
legal costs, together with legislation for a new approach to dealing with
personal insolvency. Significant progress has been made in both these
areas. The Legal Services Regulation Bill 2011 is awaiting Committee stage
and the Personal Insolvency legislation will be published before the end of
June.
Where possible, this Department will streamline its processes to provide an
economic boost to the broader economy.
For example, the visa waiver scheme for short-stay visitors from certain
countries has been extended. In addition, very sensible arrangements have
recently been put in place to facilitate a visa waiver for accredited
competitors and officials who visit or transit through Ireland in the lead
up to or during the Olympic and Paralympic Games in London this summer.
More streamlined immigration procedures have also been put in place for
passenger and crew of cruise liners for the 2012 season. In all, these
measures should provide a welcome boost to tourist numbers and revenue for
the economy.
While these measures are primarily aimed at boosting the tourism sector,
two schemes specifically designed to stimulate investment and enterprise in
Ireland by suitability qualified foreign nationals were launched at the end
of March and are now open for applications. The schemes in question are
the Immigrant Investor and Start-up Entrepreneur Programmes. There are
very specific qualification criteria for applications under both
programmes. An Evaluation Committee, comprised of suitably qualified and
experienced people from relevant Government Departments, will make
recommendations to me on the viability of the proposed investment/business
plan. Successful applicants will be able to apply for citizenship under
the terms of the Irish Nationality and Citizenship Acts, in the same way
and under the same terms as all other non-Irish nationals.
In conclusion, Chairman, the total estimate for the Justice Sector in 2012
is €2.3 billion in gross terms and €2.06 billion in net terms. As I have
set out, it covers five votes and a broad range of areas within the Justice
and Equality Sector. While it will be a significant challenge for the
sector to live within the budget and plan for further reductions in budget
in 2013 and 2014, I am confident that much can be achieved with the budget
available. In all areas of the sector reform initiatives are being
implemented which are amalgamated in the Departments Integrated Reform Plan
for the entire sector. While, inevitably, this Plan has measures focussed
on reducing costs, another key objective is to ensure that more effective
ways of delivering services are being implemented.
I am happy to address any questions which Members of the Committee may have
in relation to the estimates at this point.
23 May 2012