Latest news with #MinisterForJustice
BreakingNews.ie
09-06-2025
- BreakingNews.ie
Gardaí to consider bringing in full-time cadaver dog, says Commissioner
An Garda Síochána is to consider bringing a full-time cadaver dog into the force to avoid being 'entirely reliant on others', the Garda Commissioner said. Drew Harris said that the services of a cadaver dog are rarely used, and in his tenure has only been used on three occasions. Advertisement Speaking to reporters at Phoenix Park on Monday, Mr Harris said they will look at acquiring one. Currently, gardaí use the services of one cadaver dog which belongs to the Police Service of Northern Ireland (PSNI). 'A cadaver dog, thankfully, are rarely used, and on these islands there's only a small number of these dogs,' Mr Harris said. 'In my tenure here, we have used these dogs in about three occasions. So, we work with support of the Police Service of Northern Ireland. We will look to see, in time, should we introduce a cadaver dog ourselves, because we don't want to be entirely reliant on others, but others may rely on us if we have that dog available. Advertisement 'A cadaver dog is not out every day working in the same way that a drugs, or firearms or money dog would be. 'It's a very specialist resource.' Mr Harris said using dogs in policing operations required specialist training, and that cadaver dogs are a subset of that which requires specialist work. 'Not often required operationally, it's not a usual thing that we would need a cadaver dog,' he said. Advertisement It comes as the Minister for Justice raised concern with Mr Harris over how long it took to find the body of murder victim Tina Satchwell. Jim O'Callaghan also said it would be preferable if An Garda Siochana had its own cadaver dog to help find human remains. Asked whether a cadaver dog should have been brought into the Satchwell home in 2017 during the investigation, Mr O'Callaghan said 'probably, it should have happened'. He said he also spoke to Mr Harris about the effectiveness of cadaver dogs. Advertisement 'They're a very specialised dog in terms of trying to train them, there is one on the island of Ireland, the PSNI has one,' he said. Ireland Garda vehicle numbers rise to more than 3,600 afte... Read More 'That dog is sought by many police forces in Britain as well. We got the use of the dog here and he was of much assistance.' Mr Harris said that the 2017 investigation into Mrs Satchwell's disappearance is being reviewed. 'But what I know from the report I've seen, is that this suspicion was that harm had been caused to Tina Satchwell but there was no suspicion that her body was there,' Mr Harris added. Advertisement
Irish Times
07-06-2025
- Automotive
- Irish Times
Oireachtas should slam down gavel on judges' planned 16.7% injury awards hike
The introduction in April 2021 of judicial guidelines on personal injury awards had an immediate and sharp effect – with the median value of compensation awarded by the Injuries Resolution Board (IRB) falling 46 per cent to €10,000 in the eight months that followed. The guidelines were also aimed at creating more consistency in awards, regardless of whether they were resolved directly with an insurer, the IRB, or through the courts. The problem is, there is no comprehensive data available from the courts on awards – not helped by a dearth of written judgments at District and Circuit Court levels – for anyone to make such an assessment. Either way, an all-too-high number of claimants – encouraged, no doubt, by their lawyers – continue to think they can fare better going down the legal route than settling through the IRB. Figures published by the board last month show that while the motor crash claimants consenting to being assessed by the IRB in the first instance rose from 62 per cent to 78 per cent between 2020 and last year, the acceptance rate of awards from the board fell marginally, to 47 per cent. [ Judges expected to support draft guidelines for 16.7% rise in personal injuries awards Opens in new window ] The board of the judicial council, required by law to review the guidelines every three years, proposed in December that payouts increase by 16.7 per cent. This was adopted by the council of the State's judges in late January and passed over to the Minister for Justice Jim O'Callaghan, who must put the amendments before Houses of the Oireachtas for approval. READ MORE There is an expectation that the minister will bring the proposal before the Oireachtas before the summer recess. The planned blanket hike has been met with resistance from insurers and business lobby groups, who know that the increase will be passed directly on to consumers and companies. Motorists, who had seen insurance premiums fall by 25 per cent between 2017 and 2022, have already stomached rate increases in more recent years as car parts and labour inflation have driven up damage costs. The guidelines review was a crude exercise, with the committee of judges that carried it out applying the general Irish inflation rate to existing awards guidelines. The judicial council even said at the time that the committee 'did not find it possible to carry out any meaningful analysis of the quantum of court awards given under the guidelines that might inform this review'. Nor does there appear to have been any regard given to what's going on elsewhere. The going rate under the existing guidelines for minor neck injuries, where recovery is made within six months, is up to €3,000, 5½ times higher than that in the UK – where awards are among the highest in Europe. [ Is going to court worth it for personal injuries claimants? A lawyer and insurer go head to head on the issue Opens in new window ] 'The large disparity is before the 16.7 per cent increase proposed by the judicial council, which, if introduced, will make the gap even larger,' Aviva Insurance Ireland said in submission last month to the Department of Finance, which is weighing further insurance reforms. 'Comparing Aviva's claims in the UK and Ireland, attritional claims like whiplash represent 30 per cent of the cost of motor insurance premium in Ireland compared to 10 per cent of premium in the UK in 2024 and lower still in Europe.' TDs and senators should reject the planned amendments and push it back to the judiciary to go back to the drawing board. Their key role was inadvertently copper-fastened by a Waterford woman, Bridget Delaney, who mounted a challenge three years ago against the constitutionality of the guidelines. The Supreme Court ruled in April last year that it had been, indeed, unconstitutional to give the judicial council the power to set personal injury guidelines. However, the fact that the initial guidelines were subsequently independently approved by legislators gave them legal effect. The unsophisticated way that the judiciary has gone about reviewing the guidelines suggests they need some help. The IRB argued in its submission to the Department of Finance consultation said that judicial council be required to liaise with it on any future amendments. 'The board's expertise, practical experience, and annual assessment of nearly 10,000 cases annually would meaningfully contribute to the continued relevance, fairness, and effectiveness of the guidelines,' it said. Various submissions called for future guidelines to be benchmarked against European countries. 'Legal expenses and award levels for lower-value claims remain disproportionately high and are not aligned with those observed in the UK and other European jurisdictions,' said German insurance giant Allianz's Irish unit. A number, including the Alliance for Insurance Reform, a lobby group for business and civic organisations, and the IRB said the current requirement that the guidelines be reviewed very three years does not allow them to be embedded. 'Under the current guidelines model, there could be several versions of the guidelines in use dependent on whether a claim has already been assessed or if legal proceedings have been initiated,' said the IRB, which reckons it should be extended to every five years. 'A situation cannot exist whereby the same injury, the same claim, that has been rejected within the Injuries Resolution Board goes into the court system and a different set of guidelines is used to value compensation.' While the setting up of the IRB back in 2004 (then known as the Personal Injuries Assessment Board) was meant to do away with the need for solicitors, 95 per cent of claimants that end up before it are represented by lawyers. The board suggests legal fees now need to be brought into cases its handles. 'The board is aware that in some cases the issue of legal fees becomes an impediment to the acceptance of an IRB award,' it said. There's disquiet in Government, too, about the judges' review process. Minister for Finance Paschal Donohoe is known to have expressed concern to the Minister for Justice about the knock-on effect of such a large hike to businesses and households. Colm Brophy, Minister of State at the Department of Justice, told the Seanad last month that his boss is looking at what legislative amendments 'can be made to make further reviews of the personal injuries guidelines more inclusive and transparent'. This may include 'making changes to the mechanism and the timing of future reviews of the guidelines', he said. This will not go down well with the judiciary. But it has only itself to blame.
BreakingNews.ie
06-06-2025
- Politics
- BreakingNews.ie
Justice Minister defends deportation of children to Nigeria
It would be 'untenable' to have an immigration system in which children could not be deported, the Minister for Justice has said. Jim O'Callaghan said it would not be a 'good idea' to prevent the deportation of children as it would have a 'very significant impact' on the number of people seeking asylum in Ireland. Advertisement He was speaking after five children and nine women were among 35 people deported from Ireland to Nigeria on Wednesday night. The minister said the move, which was the third chartered flight used for deportations this year, was 'value for money' at a cost of 324,714 euro. Speaking on Friday, Mr O'Callaghan said: 'Can I just say it's not a pleasant part of the job, but it is a very important part of the job. 'In order to have a functioning immigration system, there has to be a consequence for people who are in the country unlawfully, whether they have overstayed a work permit, or whether they sought asylum and have not been granted asylum. Advertisement 'I've heard the commentary in respect of children being deported. 'I think the system will become untenable if we introduce rules or a new policy that says children cannot be deported.' He added: 'It's an unpleasant part of the job, but I think if I introduced a policy like that, the effect would be that we'd be an outlier in Europe, and that people would know that if they came to Ireland seeking asylum with children, that irrespective of the outcome, they couldn't be removed. 'It would have a very significant impact in the number of people coming to Ireland seeking asylum. So I don't think it's a good idea.' Advertisement The minister said Ireland is a 'very fair country' in allowing people seeking asylum to integrate into communities. 'The alternative is that we would do what they do in some countries and don't allow any form of integration – we allow people to integrate. He added: 'But I suppose a consequence of the asylum process is if you apply and you're refused there has to be a consequence, and if there isn't a consequence then what's the point in having the whole system in place in the first place? 'I can understand the concern that people have about it, but I just say the system will become untenable if a rule was introduced which said that children could not be deported. Advertisement 'It would mean that people could come to Ireland with children in the knowledge that no matter what the outcome, they would never be required to leave.' Mr O'Callaghan said his message to people was that they had to comply with the law. 'If you receive a deportation order, you have to comply with it. It's not meaningless. It means something. 'If you get a deportation order, and if you have children, you've got to get your circumstances in order, and that requires you to leave.' Advertisement Speaking at Leinster House earlier on Friday, Sinn Féin TD Eoin O Broin said that the international protection system needs to be 'compassionate', 'human rights-based', and 'timely'. He said: 'Nobody should be waiting three, four or five years for the final decision to be made, and then when people are refused, not just refused in the first instance, but refused on appeal, they need to be safely returned to their country of origin. 'So that's the way the system should work. Obviously, we've expressed enormous concern in the way in which the government is operating the current system.' Ireland Total of 120 new garda recruits sworn in at ceremo... Read More He added: 'There's far too much privateering, very poor-quality accommodation for adults and children awaiting the decisions. The decisions are taking far, far too long, and I know that from working with people inside the process. 'Where people are refused and are to be returned to the country of origin, it needs to be done in a compassionate and a safe manner. 'We will continue to raise our concerns with the government, but the system has to work. It has to work fairly efficiently, but ultimately the decisions have to be enforced.'
Irish Times
05-06-2025
- Politics
- Irish Times
Family reunification delays having ‘devastating' impact on refugee families
Government delays in processing refugee family reunification applications are having a 'devastating' impact on families torn apart by war and violence, a solicitor has warned. In the case of Afghan applicants, many are awaiting a decision in Pakistan where they face deportation or forced return, says Andrea Martin, a retired solicitor who now works with Afghan refugees in Ireland. 'I don't think the Department of Justice or the Irish Government has any idea of how devastating such a long waiting period is for families that have already been devastated by trauma and involuntary separation,' said Ms Martin. 'The anxiety experienced by family members in Ireland when a parent, child or spouse is in danger overseas is appalling to witness. Some live daily with the fear that their family member is going to be arrested or killed, or drafted into a domestic or foreign army.' Ms Martin says the applications she has worked on usually take three years for full processing. READ MORE The Department of Justice said the median processing time for refugee family reunification applications in 2024 was 16 months. The median number describes the midpoint in the range. The current average processing time is 18 months, according to a recent statement from the Minister for Justice. Asked about delays in the system, a department spokesman said processing times varied depending on the nature of the application, documentation supplied and the 'often complex assessment' of applications. 'It should be noted that no two applications are the same and that numerous factors can impact processing times.' Zahra*, an Afghan refugee living in Canada but whose family is in Ireland and waiting to be reunited with a parent in hiding in Pakistan, said the process had caused 'deep depression and anxiety in my parents'. The woman and her parents requested not to be named for fear of reprisals by the Taliban. 'Every day we live with instability and fear,' she told The Irish Times over WhatsApp. 'My mother and father are struggling with sadness and loneliness, my siblings and I feel helpless we cannot do anything to bring them back together.' If forcibly returned to Afghanistan, her parent could face 'imprisonment, torture and persecution at the hands of the Taliban ,' she said. 'Reuniting Afghan families with their loved ones in safe third countries is not only a humanitarian need but an urgent one. Only by being together can we begin to rebuild our lives with dignity and hope.' Nearly 844,500 Afghan refugees have been forcibly returned from Pakistan to Afghanistan since 2023 as part of Pakistan's repatriation plan, according to a recent Amnesty International report. Earlier this year, Pakistan's government said Afghans holding proof of registration must leave by June 2025. It is also understood Afghans with approved visas to travel to a third country, such as Ireland, have 30 days to leave Pakistan before they are deported. Back in Afghanistan, they risk persecution by the Taliban, and women and girls are denied a broad range of rights and freedoms. Afghan refugees were among the top five nationalities to be granted family reunification to Ireland last year, along with people from Somalia, Zimbabwe, Nigeria and Sudan. There is no fast-track system in place for emergency situations and the family reunification unit considers applications 'on a case-by-case basis', said the department. The unit has issued 55 per cent more decisions on applications so far this year compared with the same period last year, it said. To date this year 542 applications have been made. A total of 1,467 applications were made in 2024. There are 13.5 staff working in the family reunification unit, compared with 10 staff members last year. The department said it could not provide the 'precise number' of staff who worked in the unit in 2022 and 2023. Irish Refugee Council (IRC) managing solicitor Katie Mannion said family reunification application delays were putting people's lives 'completely on hold' and affected their 'ability to integrate'. Often, refugee parents must flee and leave their children behind with extended family members in precarious living situations, said Ms Mannion. Most of these parents misguidedly believed they could be quickly reunited with their children. Once they have been granted refugee status, which can take years, and apply for family reunification within 12 months, they must secure documentation to prove their relationship with a family member, a time-consuming and sometimes dangerous process, said Ms Mannion. Family members left behind must often take 'extremely dangerous journeys to access DNA testing', she said, adding that many Eritreans found it 'almost impossible' to get birth certificates. In a recent IRC-supported case, two children disappeared while their parents awaited a decision. In another case, an Afghan woman awaiting a decision was forced to marry a Taliban member, Ms Mannion said. Immigration lawyer Stephen Kirwan, who has worked on family reunification applications with Somali, Afghan, Nigerian and Georgian refugees, said delays had 'reached crisis point'. 'These are very vulnerable people, legally declared as refugees, and it's their family members,' he said. 'The indeterminacy of it causes such stress. The problem is you're hurting real, vulnerable people. There's no push or pull factor here, it's humanity.' *Pseudonym used to protect identity
BreakingNews.ie
23-05-2025
- BreakingNews.ie
Garda who sued State after he was shot by his own machine gun settles action
A garda who sued the State after he was shot in the leg when his submachine gun discharged after he claimed it snagged on his bulletproof vest has settled his High Court action. The garda brought an action against the Garda Commissioner, the Minister for Justice and the Attorney General. Advertisement The garda's ankle was shattered after he claimed he was required to manoeuvre himself within the confined space of a patrol vehicle, leading to the safety selector switch and the trigger of his firearm allegedly snagging on his bulletproof vest and the gun discharging one round. In evidence, the garda told the court he had never experienced pain like it and nearly passed out. On the third day of the hearing, the garda's counsel, Richard Kean SC instructed by solicitor Brigid O'Donnell, told the court the case had been settled and could be struck out. In the proceedings, it was claimed that there was a failure to provide the garda with a safe place of work, and he had been caused to carry his firearm in close proximity in a confined space while wearing allegedly inappropriate personal protective equipment. Ms Justice Denise Brett ruled that the garda and any Garda witness in the case could not be identified. At the opening of the case this week, the court heard that liability was admitted. Advertisement In his evidence, the garda, who was in the force over 15 years at the time of the incident, said he had been on patrol in July 2019 with colleagues in an area where there had been serious incidents including shootings. He said he was the driver of the jeep and he was wearing a bulletproof vest. He had a pistol in a holster and a submachine gun in a sling around his neck pointing down. He said he turned around to check the back seat when his submachine gun discharged. 'I felt immediate excruciating pain and I saw smoke from the weapon and blood squirting up to the seat,' he said. Advertisement He added: 'The pain really kicked in; it was so bad, I nearly passed out. I never experienced that type of pain,' he said. Ireland Jozef Puska's brother couldn't tell gardaí more be... Read More He said his colleague made his weapons safe and he was brought to hospital. 'The ankle was shattered. I remember the doctor saying my leg was a mush before I went into surgery,' he told the judge. The bullet had gone through the back of his left leg and ankle joint and his left ankle had shattered. He had to have surgery and later physiotherapy and he was out of work for 18 months after the incident. The garda told the court he did everything he could to build up his leg afterwards 'but the pain never really left.'
