Laying the foundation for sustainable transformation
Justice report
Sponsored by
Laying the foundation for sustainable transformation
Laying the foundation for sustainable transformation justice report
needs of users who need to access the justice system and vulnerable populations whether victims, witnesses, offenders, or impacted communities;
The Deloitte Government Trends is an annual report which identifies the key trends likely to impact on governments globally in the coming 12 months. After a tumultuous 2020, dominated by the Covid-19 pandemic, the
Advertorial
2021 Report identifies nine trends that have three things in common. Firstly, they go to the heart of government operations rather than policy. Secondly, they are not just ideas but are happening in practice, often a faster rate than ever seen before. Finally, they are global in scale. As justice agencies progress their modernisation agendas, the Deloitte Government Trends provides a useful framework for organisations and justice systems as a whole to consider their approaches. 76
Justice systems globally are increasingly transforming to build a more integrated, whole systems approach. There are several key drivers for this: •
Increasing influence of digital technology to support more efficient citizen/user-centric service delivery and evidence-based decision making;
•
Tailored multi-agency service delivery across the civil and criminal justice spectrums to meet the
•
Increased pressure on justice system modernisation in an integrated manner due to increasing costs, rising expectations from the public, greater public scrutiny and accountability, performance pressures and multiple crisis events;
•
Increased focus on identifying the root causes of all forms of discrimination, harassment, and exclusion across society, and on how to effectively resolve these issues;
•
Changing demographics, increasing demand, and an emphasis on equitable access to justice and outcomes; and
•
Covid-19 has redefined border security and how the smart, trusted traveler is designed, managed and protected.
1. Accelerated digital government Covid-19 has brought the next generation of digitisation to governments and moved it from a “nice to have” to a “must have”. To meet the surge in demands while operating virtually, governments have accelerated digital programmes to enable continuity of service delivery. This has demonstrated what can be achieved when there is a “burning platform”, and set the tone for the future.
2. Seamless service delivery Many private sector organisations have, for years, been building towards services to consumers, often delivered digitally, which are personalised, seamless and anticipate customer needs. Governments too have started to improve services by moving away from a department-based approach towards a life event approach, or one which
Laying the foundation for sustainable transformation
reflects a citizen’s journey though a process that requires the involvement of one or more government agencies. The civil and criminal justice systems have multiple examples of this.
3. Location liberation
4. Fluid data dynamics Data is assuming an elevated level of importance both within and outside government. Public agencies are developing novel approaches to maximising the value of the data they hold, including appropriately sharing that data. Globally, the trend towards fluid, dynamic data is changing how data is being used and shared by governments and their partners in academia, nonprofits, and the private sector. The Criminal Justice Operational Hub is an example of such an initiative in Ireland.
5. Government as a cognitive system
6. Agile government The pandemic has highlighted the need for fast, flexible, and mission-centric government, and many governments around the world have embraced the opportunity to show that they are up for the challenge. This agile imperative can
be seen in many areas including policy making, regulation and service delivery. The “Still Here” initiative launched during the height of Covid-19 restrictions to protect and support victims of domestic abuse is an excellent example of such agility across the justice and other sectors.
7. Government’s broader role in cyber The ransomware attack on the HSE earlier this year brought cyber security to the top of the political agenda in Ireland, but this has been an evolving threat for many years as cyber criminals become more ambitious. Governments’ role in cybersecurity is shifting and evolving, as they realise that they cannot function in isolation. In order to mount a proper national cyber defence, governments need to not only protect public networks, but also help to protect private networks and critical national infrastructure. To do so effectively they need to work and partner with other governments, academia and the private sector.
8. Inclusive, equitycentered government As inclusion and equality issues come increasingly to the forefront in society, governments are focusing more on the underlying causes of systematic imbalances and seeking to address these issues. The solutions are incredibly broad ranging from education and awareness on diversity issues, enhanced broadband access, equal access to health and social, and diversity in public representation and governance.
9. Sustaining public trust in government In the early part of 2020, trust in government in many parts of the world grew as people relied on governments to address a complex, global pandemic, but research suggests that such large gains in confidence are often quickly lost which was the case by January 2021 when trust in government had fallen globally, according to the Edelman Trust Barometer. Trust in government is a broad-based topic ranging from ethical behaviour of elected representatives and public officials, through to effective oversight, governance, and accountability for delivery of public services, and the protection of citizens including our private data. Trust in our justice system is a “non-negotiable”.
Shane Mohan is a Partner in Deloitte Consulting, and is the National Government and Public Services Leader in Ireland.
Advertorial
The Irish Government’s Civil Service Renewal 2030 Strategy recognises the importance of “insights-driven decisionmaking”. This reflects the trend globally where we are seeing governments combining evidence from past events and outcomes, real time information on current happenings, and using predictive analytics and simulation to anticipate events and likely outcomes before they occur, all to better inform policy and decision making.
justice report
Covid-19 caused public sector organisations to rapidly and fundamentally change how they accomplished their missions. From remote working to online court sittings the pandemic brought the future of government work into the present. Many of these organisations have begun to embrace the concept of adaptive workplaces, based on the notion that people and teams should work where they are most productive, inspired and engaged.
T: (01) 417 2543. E: smohan@deloitte.ie W: www.deloitte.ie
77
Laying the foundation for sustainable transformation
71 per cent of justice actions delivered in first half of 2021 justice report
The Minister for Justice Heather Humphreys TD published the mid-year progress report for the Justice Action Plan 2021 in August, showing that 71 per cent of the actions scheduled for the first six months of 2021 had been completed, with 39 actions yet to be completed. “We are moving at pace on our ambition to build a justice system that works for everyone and deliver on our strategic goals and ambitions. I look forward to seeing and feeling the impact of this transformative work on the justice sector and the people who interact with it. I am pleased to report that of the 132 actions examined, 71 per cent or 93 are achieved,” Humphreys said upon publication of the report. “2021 has not been without its challenges, and it has been necessary to readjust the timelines for some actions, but I am confident these will be delivered soon.” The Justice Plan 2021 is the first in a series of annual plans that will set out actions in order for Ireland to “build a justice system that works for everyone”. The plan contains 230 actions for the entirety of 2021, of which 132 were scheduled to be completed in the first six months, but as Humphreys stated, 71 per cent of these were achieved, leaving 39 unfinished, adding to the 98 already scheduled for the final six months of 2021. 4 per cent, or six, of the actions are classified as ongoing, meaning that “while these actions are on track and no issues are arising, the nature of the action is that work will continue throughout the year to ensure its successful delivery”. 33 actions, 25 per cent, are defined as not yet achieved, meaning that despite the fact that “significant progress has been made on many of the outstanding actions, work is required to bring these to completion”. The “significant achievements” that have been achieved in the first half of 2021 are outlined within the report, with 22 actions outlined. The actions mentioned include: the commencement of Coco’s Law, which criminalises the distribution of intimate images without consent; continued implementation of Supporting a Victim’s Journey: A plan to help victims and vulnerable witnesses in sexual violence cases; publishing the General Scheme of the Policing, Security and Community Safety Bill, which provides for wide-ranging and coherent reform of policing “by improving the performance and accountability of policing and security services, and supporting the human rights of all people throughout Ireland to be and to feel safe in their communities” and will support implementation of A Policing Service for the Future to reform policing in Ireland; and the establishment of pilot community safety partnerships in Dublin, Longford and Waterford. The Department of Justice has also: agreed to set up a Community Safety Innovation Fund that will assist An Garda Síochána and the Criminal Assets Bureau in seizing the proceeds of crime and “will fund projects communities themselves know will help in improving their safety”; published the Drogheda Implementation Plan, outlining 70 actions to improve community safety and wellbeing in Drogheda; enacted and commenced the Criminal Justice (Perjury and Related Offences) Act
78
Minister for Justice Heather Humphreys TD
For the remainder of the year we will strive to implement the ambitious reforms begun this year and to build a justice system which contributes to the improvement of society for everyone,”
Laying the foundation for sustainable transformation
2021 to establish a statutory criminal offence for perjury and related offences; and commenced the development of a scheme to regularise the immigration status of thousands of long-term undocumented people and their dependents, with the scheme expected open by the end of 2021.
justice report
Work has also continued on the Family Law Bill to overhaul and modernise family law and the courts; the Parole Board was established on an independent statutory footing; the Personal Insolvency (Amendment) Act 2021 was enacted, making “urgent changes” to the Personal Insolvency Act 2012 to help those struggling to pay debts to have more access to insolvency processes; hate crime draft laws were published; an independent audit conducted on how responsibility for domestic, sexual and gender-based violence is segmented across different government departments and agencies was published; and a temporary system that enables applicants to complete their naturalisation process by signing a statutory declaration of loyalty to the State was commenced. The targets of the 2021 plan are broken up into five goals: tackle crime, enhance national security and transform policing; improve access to justice and modernise the courts system; strengthen community safety, reduce reoffending, support victims, and combat domestic, sexual and gender-based violence; deliver a fair immigration system for a digital age; and accelerate innovation, digital transformation and climate action across the justice sector.
Status of Justice Action Plan 2021 Q1/Q2 actions at end of Q2
Not achieved 25% Ongoing 4%
Achieved 71%
Department of Justice
When broken down by their goals, just two of the 39 actions not achieved on schedule belong to the first goal of tackling crime, five belong to the second goal of improving access to the courts system, 12 to the third goal of strengthening community safety, 11 to the fourth goal of delivering a fair immigration system, and one to the final goal of digital transformation. The failures are perhaps most concentrated in the fourth goal of addressing the immigration system, where the 11 actions yet to be achieved account for nearly half of the 25 actions scheduled to have been completed in the first half of 2021. While there were 12 failures under the goal of strengthen community safety, there were 34 actions under this heading overall, meaning that 22 are on track. “For the remainder of the year we will strive to implement the ambitious reforms begun this year and to build a justice system which contributes to the improvement of society for everyone,” Minister Humphreys writes in her foreword to the report, the first to come in a series as part of the Department’s A safe, fair and inclusive Ireland strategy, which runs from 2021–2023. The progress detailed within is of course to be welcomed, but it will be some cause for concern that the Department is, within the course of one biannual report, already playing catch up.
79
justice report
How policing progressed during Covid
Major facets of society experienced rapid change at the outset of the Covid-19 pandemic and policing was no different,
Advertorial
writes Garda Commissioner Drew Harris. In common with all other public agencies, An Garda Síochána and our personnel quickly reacted to the emergence of this deadly virus. Our primary task was to provide reassurance to the public and ensure compliance with the public health guidelines.
reaffirmed our connection with communities across the country. This impact of this work such as local Gardaí stopping by for a socially distanced chat and checking in with people cannot be underestimated and has strengthened our already close connection with communities.
In doing so, we built on our tradition of policing by consent by adopting a graduated response. The four Es approach which saw Gardaí engage, educate, encourage and, as a last resort, enforce has been at the core of our ability to urge compliance with emergency regulations. Among our most meaningful work, particularly during intense periods of lockdown, has been supporting those who are vulnerable, high risk and isolated.
We also knew that restrictions on movement would, unfortunately, lead to an increase in domestic abuse. To combat this, in April 2020, we introduced Operation Faoiseamh, which focused on providing enhanced proactive support and protection to victims of domestic abuse. Operation Faoiseamh and the ongoing work of the Garda Protective Services Bureau saw over 7,000 criminal charges preferred for crimes involving an element of domestic abuse in 2020.
Fulfilling everyday, but essential, tasks for people who were medically vulnerable or cocooning like getting groceries and collecting prescriptions 80
The organisation and its personnel rapidly mobilised in a wide range of additional ways to deal with the
pandemic. Gardaí were re-deployed to frontline duties and the attestation of trainee Gardaí was fast tracked to help bolster our community engagement. Over 200 additional community support vehicles were also acquired to maximise this effort. A large scale, high visibility operation, Operation Fanacht, was introduced to ensure compliance with restrictions on movement. Other operations such as the checking of licensed and retail premises were brought in as public health regulations evolved. Additional measures included the establishment of a National Covid Co-Ordination Centre, the introduction of an emergency roster that increased our policing hours by 25 per cent, millions of pieces of PPE were acquired to protect the front-line, thousands of devices deployed to enable home working, and daily internal communications were distributed via an e-zine to keep all personnel informed of the latest health and operational guidance. The extensive duties and responsibilities, and the broad range of criminal activity during a global public health crisis have been a challenge, but Garda personnel once again acted with absolute determination to protect the State and its people. This is best reflected in the fact that
members of An Garda Síochána embraced a series of very challenging emergency policing measures that undoubtedly took a physical and mental toll. All too regularly during these 18 months, Gardaí have faced immediate danger and a risk to their safety during incidents of public order and violent protest. They have suffered injury at the hands of a minority, and yet still they have returned to their duties without a moment’s hesitation.
Despite widespread international restrictions, the illegal drug trade did not dwindle during the pandemic. An Garda Síochána continued to carry out extensive search and arrest operations targeting the assets and activities of organised criminal groups resulting in considerable seizures of drugs, firearms, and cash. There are now 321 Gardaí assigned full time to Divisional Drug Units across every Garda Division nationwide, and each one of these units complement our enhanced national anti-drugs strategy, Operation Tara, which commenced in July 2021 with a particular focus on street-level dealing that can blight communities. In addition, as of this year, there is now a Divisional Protective Services Unit (DPSU) in operation within every Garda division to prevent and detect domestic abuse, sexual crime, human trafficking, and child abuse. Over 300 Garda personnel are assigned to DPSUs having undergone specialised training.
The rollout of the new Garda Operating
range of criminal activity during a global public health crisis have been a challenge, but Garda personnel once again acted with absolute determination to protect the State and its people.” Model has continued throughout the past 18 months and is already helping to modernise An Garda Síochána at divisional level. This is the biggest structural change to the organisation since its founding in 1922. The Operating Model will see an increase in front-line Gardaí, a more localised service to communities based on their needs, and the provision of greater specialised police services at local level. Motorists will have noticed Gardaí’s use of the Active Mobility App introduced during the 2020/2021 period. This new technology has transformed roads policing by allowing Gardaí to scan car number plates for relevant data by using a mobile device. Over 170,000 fixed charge notices have been issued using these devices to date. With 5,000 of these devices already in use, we expect 10,000 Garda personnel to be equipped with this technology by the end of this year.
Garda personnel to ensure the equitable and fair treatment of every single person that engages with An Garda Síochána. It is in this spirit of evolution that we look ahead to honouring the centenary year of An Garda Síochána next year. Our organisation is steadily strengthening its capabilities to be more far-reaching and all-encompassing than ever before. The number of Gardaí working in communities nationwide is now at its highest ever, and their work is well supported by almost 3,000 equally dedicated staff. And so, as we move closer towards a post-pandemic era, our whole organisation remains as focused on the very mission that those in the century before had: keeping people safe.
T: +353 1 666 0000 W: www.garda.ie
In early June, the Garda National AntiCorruption Unit was launched and its activities to promote the highest standards of honesty, integrity and professionalism within the organisation are underway.
Advertorial
In the midst of the public health crisis also, the ransomware attack on the Health Service Executive sadly wreaked havoc on vital services. The collateral impact and the disruption caused to our society is an insight into the callousness of organised crime. The Garda National Cyber Crime Bureau continue to work with national and international counterparts as part of our investigation to bring the perpetrators to justice. In tandem with all of this, some very important developments have also been progressing within our organisation as part of the Government’s reform plan, A Policing Service for Our Future.
responsibilities, and the broad
justice report
That is why it has proven vital that our organisation do all it can to promote the physical and mental wellbeing of all personnel. A range of accessible, independent, and confidential resources have been developed to encourage us all to reach out during times we may feel under pressure or stressed.
“The extensive duties and
Human rights are paramount in policing and must be central to everything we do. That is why we have further embedded our Code of Ethics during the past 18 months, introduced a Human Rights Unit, increased human rights training, and re-instituted our human rights advisory council. I expect all 81
justice report
Laying the foundation for sustainable transformation
Justice: Legislative priorities With the Department of Justice having already enacted a number of significant pieces of legislation in late 2020 and throughout 2021, eolas looks ahead to the key pieces of legislation currently progressing through the Houses of the Oireachtas. At the end of 2020, two significant pieces of legislation concluded their passage through the Houses of the Oireachtas and were enacted. The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 gave effect to a European Union Council decision on the application, between member states, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. Perhaps most tellingly of the times, the second piece of enacted legislation was the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020, which put in to law the allowance of special provision and additional enforcement measures on premises which sold alcohol.
82
This year (2021) has seen the enactment of four bills, namely: •
the Criminal Justice (Theft and Fraud Offences) (Amendment) Act 2021;
•
the Criminal Justice (Perjury and Related Offences) Act 2021;
•
the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Act 2021; and
•
the Health and Criminal Justice (Covid-19) (Amendment) Act 2021.
However, a number of significant pieces of legislation have either not been introduced or are currently progressing. Of the bills which have already been introduced, the longest standing is the
Criminal Justice (Hate Crime) Bill 2020, initiated in the Seanad on the 6 November 2020. The Bill, which will, when enacted, make it a specific offence to commit a hate crime based on race, sexual orientation, gender, or identity for the first time in the history of the State, sets out a range of protected characteristics, which will now dealt with as specific criminal offences. The general principles of the bill were debated in the Seanad on 6 November 2020, and it received a second reading on 17 November. The Criminal Justice (Smuggling of Persons) Bill 2021 is the most recently introduced bill. Presented to the Seanad on the 27 August 2021, the Bill entered review stage on the 7 October 2021 and is designed to strengthen
Laying the foundation for sustainable transformation
Ireland’s regime against the smuggling of persons, and to implement several important international instruments.
recent, such as the Criminal Justice (Garda Síochána Operating Model) Bill, a short technical bill to facilitate the introduction of the new Garda Operating Model, which gained government approval of the General Scheme in March 2021. Below are lists of those Bills the Department has identified as yet to be published:
justice report
Introduced in the same month, the Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021 is progressing through Dáil Éireann and is also at committee stage. The Bill seeks to implement an EU framework decision on the mutual recognition of judgements in criminal matters imposing custodial sentences and other measures involving deprivation of liberty. If enacted, the Bill would facilitate the transfer of prisoners between EU member states, where the transfer would enhance the person’s social rehabilitation.
the proposed legislation is longstanding, for example, the Criminal Justice (Community Sanctions) Bill gained government approval for the publication of the Heads of the General Scheme of the Bill in February 2014 and the Criminal Procedure Bill had revised Heads approved by government in June 2015. Others are a lot more
Also introduced in 2021 were: •
•
•
Criminal Justice (Amendment) Bill 2021 (28 Apr 2021): To provide for the repeal of the second or subsequent mandatory sentences in the areas of firearms and misuse of drugs. It also addresses similar mandatory type offences in older legislation dealing with the concealment of stolen goods, illicit distillation, and licensing laws.
Criminal Law •
General Scheme of Criminal Justice (Terrorist Offences) (Amendment) Bill 2020
•
General Scheme of European Arrest Warrant (Amendment) Bill 2021
•
General Scheme of the Transfer of Sentenced Persons (Amendment) Bill
•
General Scheme of the Sex Offenders (Amendment) Bill
Dáil Éireann. Final stage. Set down for second stage at the Seanad.
•
Criminal Justice (Counterfeiting) Bill
•
Criminal Justice (Community Sanctions) Bill
Criminal Justice (Public Order) (Quadbikes and Scramblers) (Amendment) Bill 2021 (27 Jan 2021): To extend the Road Traffic Acts 1961 to 2020 to give Gardaí the power to seize and detain quad bikes and scrambler motorcycles when being used unlawfully including in public parks and green spaces and to provide for related matters.
•
European Convention on Human Rights (Compensation for delays in Court Proceedings) Bill
•
Criminal Procedure Bill
•
General Scheme Criminal Justice (Garda Síochána Operating Model) Bill
•
General Scheme of Garda Síochána (Digital Recording) Bill
•
Garda Síochána (Powers) Bill
•
General Scheme Criminal Justice Miscellaneous Provisions Bill 2020
Dáil Éireann. Second stage completed.
Civil Law
Criminal Justice (Theft and Fraud Offences) (Amendment) (Pets) Bill 2021 (27 Jan 2021): to make specific provision for sentencing for certain offences in relation to pets; and to provide for related matters. Dáil Éireann. Second stage.
The Department has set out a number of proposed pieces of legislation, which have yet to be published, in the areas of civil law and criminal law. Some of
•
Summons Printing and Fixed Charge Notice Bill
•
General Scheme of the Courts and Civil Law (Miscellaneous Provisions) Bill
•
Landlord and Tenant Law Reform Bill
•
Sale of Alcohol Bill
•
Family Courts Bill
•
Courts (Establishment and Constitution) (Amendment) Bill
•
General Scheme of the Judicial Appointments Commission Bill 2020
83
justice report
Dealing with Covid-19 in the Irish Prison Service prevent the spread of Covid-19 in our prisons, detect early any possible case and contain any possible outbreak should it occur. The response to this crisis has been a whole-of-service response from management, staff, service providers and prisoners who have all worked together in collaboration. The success of the Irish Prison Service in managing the Covid-19 pandemic and keeping the prisons mostly free from infection, throughout 2020 and 2021, has been due to the combined efforts of staff and prisoners across the estate. As an essential service, the Irish Prison Service has maintained both its core custodial and security operations and other services, to varying degrees, in line with the various restriction levels in place as set out by the Government and the public health authorities.
Advertorial
2020 and 2021 are years that will live long in our memories for many reasons. The past 19 months have been the most extraordinary and challenging for all the citizens of our country and for communities across the globe. We have been living in unprecedented times and faced challenges like never before, writes Irish Prison Service Director General Caron McCaffrey. Coronavirus, or Covid-19 as we now know it, had a significant impact on the criminal justice system and presented huge challenges for the Irish Prison Service as the spread of the virus within the close confines of a prison could have devastating consequences for those who live and work in that environment. Unfortunately, we saw the shocking impact the virus had on some 84
other prison systems and closer to home, in our nursing homes. Thankfully, due to our experience of managing infectious diseases, and resourced with many skilled and competent experts, we were well equipped to meet these challenges head on. Our experts began planning for Covid19 at a very early stage. Working together as a team, our aim was to
From the outset, our response was guided by the advice of the National Public Health Emergency Team (NPHET), and consistent with the prison specific guidance for the management of Covid-19 issued by the World Health Organisation (WHO) in March 2020, and guidance of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). At an early stage we established the Emergency Response Planning Team (ERPT) consisting of senior staff with skills and experience in key areas including operations, healthcare, human resource management and infection control. The ERPT was tasked with identifying and issuing instruction on the necessary actions with the aim of: •
Blocking the spread of Covid-19 into a prison setting
•
Early detection of any possible case of Covid-19 in a prisoner or staff member; and
•
Prevention of the spread of Covid19, should a case be confirmed.
The Minister for Justice approved actions to reduce the number of prisoners in March 2020 to support a more effective infection control regime, including greater physical distancing and cocooning. These included the granting of temporary release (TR) to low-risk prisoners, who were assessed on a case-by-case basis.
A wide range of innovations were introduced to mitigate against the impact of the pandemic. Many of these innovations have the potential to improve service delivery into the future especially in our healthcare, service provision, financial and operational areas and will result in significant benefits for both prisoners and their families. Some innovations introduced during the pandemic include: •
•
•
•
•
The provision of tele-services including tele-psychology and telechaplaincy across the service; The introduction of virtual family visits, increased use of video-link for court appearances and virtual in-reach service provision; The introduction of electronic funds transfer (EFT) systems for private prisoner funds The development of an in-cell prisoner TV channel to support the provision of information and learning; and
As a service we were at all times very conscious of the impact of Covid-19 restrictions on prisoners and I must acknowledge their understanding of the actions we have taken on their behalf. We were always conscious of the impact the restrictions had on them and on their mental health. We continued to maintain the provision of psychology, chaplaincy, and addiction services throughout the pandemic through the provision of a dedicated call facility and the use of video-link. When possible, we
across 12 locations across the country.
We needed the support of prisoners to keep our prison community Covid-19 free. We communicated regularly with those in our care to ensure that they were informed of the actions that were being taken, particularly around the restriction of services and of visit to prisons. The Red Cross Volunteers played a pivotal role in communicating with prisoners and generating buy in from them with regard to infection control measures. They produced a weekly prisoner newsletter in conjunction with the Education Service and were involved in making awareness videos on important issues. They played a hugely important role on the provision of information including information on the Covid-19 vaccination which many prisoners were concerned about.
been critical in allowing the Service to
I cannot give enough credit to our staff for their efforts during this pandemic. Our staff have always shown a willingness to meet challenges when needed and they did again during this national crisis. Staff flexibility was critical to our Covid-19 response with many operational staff taking on new roles across the Service. In 2020, over 100 staff were redeployed to new Covid-19 tasks in areas such as contact tracing, infection control and courts video link. Our Healthcare Teams, like their colleagues in the healthcare settings and hospitals across the country, worked night and day to keep people safe. The pressure on them was immense, especially during outbreak situations. They also oversaw the roll out of the Covid-19 vaccination program in prisons which was a monumental task. This involved delivery of the vaccine to over 3,500 prisoners spread
The administration of the vaccine has unwind Covid-19 restrictions and see a return to some normal regime activities including the return of physical visits. The efforts of our staff have been widely acknowledged and the Irish Prison Service was recognised by the Civil Excellence Awards in December 2020 for our combined efforts to keep Covid19 out of our prisons. We have just been informed that we have again been shortlisted in the 2021 Awards for our efforts to continue to support prisoners and their families during the pandemic. As we move towards the end of 2021, our main focus is on unwinding the remaining Covid-19 measures in a way that continues to keep all those who live and work in our prisons safe. We look forward to the post-Covid-19 era with all our key stakeholders and I truly believe that our experiences over the past 20 months will make us a stronger, more efficient, and more unified Prison Service. This will lead to
Advertorial
The introduction of in-cell telephony to permit contact from family and prison services.
reinstated face-to-face services across the estate as restrictions were reduced.
justice report
Also critical to our success was the development of a world class contact tracing system to allow for the early identification of possible cases and permit their immediate isolation. This system has been recognised by the WHO in a published paper as a model of international best practice and concluded that a partnership approach with development of prison-led contact tracing teams can provide an effective mechanism for contract tracing of Covid-19 cases within the prison setting.
“Critical to our success was the development of a world class contact tracing system to allow for the early identification of possible cases and permit their immediate isolation. This system has been recognised by the WHO in a published paper as a model of international best practice and concluded that a partnership approach with development of prison-led contact tracing teams can provide an effective mechanism for contract tracing of Covid-19 cases within the prison setting.”
better service delivery for people in our care and their families which will deliver lower levels of reoffending, making our communities safer.
T: 043 333 5100 E: dgoffice@irishprisons.ie W: www.irishprisons.ie Twitter: @irishprisons
85
Laying the foundation for sustainable transformation
justice report
Crime statistics Recorded crime statistics published by the CSO are reliant on PULSE data provided by An Garda Síochána. Initially, given “a number of data quality issues” associated with PULSE data, the CSO deferred the publication of these statistics. As a result of the subsequent information gap, the CSO resumed the publication of recorded crime statistics within a new “under reservation” category, indicating that the quality of these statistics is not of the same standard applied to the official statistics it publishes. The CSO asserts: “The CSO produces its statistics on the basis of the most objective, transparent and independent data available. Reflecting our concerns as to the completeness and accuracy of the underlying PULSE data, the CSO has taken the decision to resume publication of crime statistics using a new category entitled statistics Under Reservation.”
RECORDED CRIME VICTIMS 2020 Source: CSO, 2021
MURDER OR MANSLAUGHTER
PHYSICAL ASSAULT AND RELATED OFFENCES
SEXUAL VIOLENCE
86
32 men 84.2% 6 women 15.8% 9,872 men 55.5% 7,928 women 44.5% 528 men 20.8% 2,006 women
79.2%
Laying the foundation for sustainable transformation
SUSPECTED OFFENDERS 2019 Source: CSO, 2021
of sexual violence crimes had both a suspected offender and a victim aged under 18
99.4%
of suspected offenders of sexual violence were male
20.8%
justice report
20%
were aged under 18
PRISON REOFFENDING STATISTICS, 2011–2018 Source: CSO, 2021
68%
of prisoners released in 2011 reoffended within three years of release
62%
of prisoners released in 2015 reoffended within three years of release
Of prisoners released in 2015 who reoffended within years of release:
84%
of under 21-year-olds
27%
of over 50-year-olds
61%
of males
66%
of females
76%
of those originally charged with Damage to Property and the Environment
79%
of those originally charged with Burglary and Related Offences
47%
of prisoners released in 2018 reoffended within one year of release
43%
of fine offenders in 2018 reoffended within one year
4 87
Laying the foundation for sustainable transformation
PROBATION REOFFENDING STATISTICS 2016 Source: CSO, 2020
justice report
28%
one year reoffending rate for 2013
31.1%
64.1%
one year reoffending rate for 2016
reoffended within six months
35.9%
Of individuals placed in the Probation Service in 2016 who reoffended within one year:
reoffended between six and 12 months
37.7% of males under 21 years old 19.2% of males over 45 years old 28.9% of females under 21 years old 27.9% of females over 45 years old 39.1% of those with a probation referral offence of Theft and Related Offences 37.5% of those with a probation referral offence of Public Order Offence
CRIME AND VICTIMISATION 2019 Source: CSO, 2020
Of persons aged 18 years and over: 5%
of bicycle users were the victim of theft
29%
felt that antisocial behaviour in their local area impacted their quality of life
87%
of males and 64% of females felt safe walking in their local area at night
46%
had confidence in the criminal justice system
4%
were the victims of fraud
HOUSEHOLD CRIME Source: CSO, 2020
4%
of households experience burglary or vandalism
88
18%
of farm households experienced trespassing
Strengthening policing oversight during Covid-19 by listening to communities of engagement with organisations and groups.
The Policing Authority is an independent statutory oversight body with a core function of monitoring and assessing policing performance, writes Helen Hall, Chief Executive of the Policing Authority. An enduring challenge for the Authority is to assure itself that how it measures policing performance is aligned and in tune with the views of the community in all its diversity. This means seeking to understand what constitutes for the public an effective, valued, responsive policing service that they have confidence can and will keep them safe.
A dedicated programme of stakeholder engagement was commenced to support oversight during this time that saw the Authority engage on a sustained basis with a variety of organisations and communities at national and grassroots level. The emphasis was on listening to a diversity of experience, in particular to what might have been more usually characterised as the voices of the ‘hard to reach’ but which the Authority chose to interpret as those that are seldom heard. In many ways, the exigencies of the pandemic, including the possibilities offered by teleconferencing technology to meet with people the length and breadth of the country, had a catalytic impact on the Authority’s existing levels
That experience was articulated in the Policing Authority’s reports to Cabinet, 15 of which have been published to date. It made no claims as to its generalisability, rather it sought to present the particular. It gave visibility to the very different experiences of policing during the pandemic, both positive and not. It also revealed aspects of policing that were of value to communities during this time: for example, policing presence rather than just police visibility, and the tone of policing. The Authority remains indebted to all those who have engaged with it to date for the candour and thoughtfulness with which they have approached these conversations. The relationships built during this period will continue to assist the Authority in its oversight as listening will remain a key component within the Authority’s next three-year strategy (2022–2024).
Advertorial
While it may be too early to adopt a retrospective view of the pandemic, from the perspective of policing oversight, this period presented enormous challenges for policing. The introduction of emergency powers and regulations encroached significantly on the rhythms of daily life and indeed on individuals’ human rights. Charged with a requirement to report to government on the use of these powers, the Authority recognised early on that in addition to Garda data, the lived experience of policing during this period would offer important insights into how these powers were being used and experienced
across society. The Authority was particularly alert to the need to check the legality and proportionality of the use of emergency powers and the consistency of their use in communities that had traditionally not enjoyed a positive relationship with An Garda Síochána.
justice report
There was no rigour to the methodology employed and no claims made as to its objectivity. The simplicity of the engagement — just listening — did not in any way undermine the richness and impact of the work; or the influence it came to have on the Authority’s oversight generally. Attempts to capture the views of an ‘aggregate person’ through research vehicles such as attitudinal surveys, while valuable, frequently do not ask questions of certain communities in sufficient numbers to allow that ‘seldom heard voice’ to come through. There was a recognition early on of the value of seeking out those voices and affording a validity to that lived experience.
T: (01) 858 9041 E: info@policingauthority.ie W: www.policingauthority.ie
89
justice report
Laying the foundation for sustainable transformation
Applying trauma research to service design and delivery Trauma is pervasive across different populations that engage with the criminal justice system. Sharon Lambert from the School of Applied Psychology at University College Cork and Aoife Dermody from Quality Matters1 outline how trauma-informed practice can enhance service design and delivery. implications of this learning for their practice.
Sharon Lambert
Aoife Dermody
In 2018, eolas published an article titled ‘Psychological trauma as a contagion’, where research regarding the high levels of childhood trauma within homeless populations was presented and we discussed the impact this has on workers and the potential for organisational trauma, including the criminal justice system. Since that time, more data has been gathered from a range of sources that further highlights the pervasiveness of trauma within different populations that engage with the criminal justice system, and agencies within the criminal justice system are now exploring the
90
Research with women in the probation services indicated that these women had experienced significant issues during childhood that had a direct impact on later life wellbeing and functioning. The findings profiled a group of women with considerable resilience and capacity for survival, despite very challenging life experiences; 21 per cent had spent time in either foster care or a group home during childhood. An Adverse Childhood Experiences (ACEs) analysis showed that the women in this research cohort were more frequently affected by almost all forms of childhood adversity than people in the general population. In addition, 91 per cent of the women had experienced intimate partner violence in adulthood and 67 per cent were homeless at the time of the research, an indication that traumatic
experiences were still part of their lives. The women proffered some practical advice that could help services to be designed and delivered in a traumaand gender-informed manner. The women who participated were generally positive in their overall perception of drug and alcohol service providers, in relation to feeling cared for, valued, and respected. Housingrelated services scored in the average range and the least well-regarded services were offending-related/criminal justice services. It is worth noting that many of the addiction services and homelessness services in the region had already started to consider trauma awareness as a feature of their service delivery. Thematic analysis of the research findings indicated that there is variance between the women’s experience of the service they received and some service providers’ perceptions of themselves in relation to key factors underpinning trauma-informed care, including feeling
Laying the foundation for sustainable transformation
valued, respected, safe, cared for, understood and trusted. This points to the potential value of services turning the lens of scrutiny away from the women and towards themselves, so that they might better understand their capacity to provide effective, traumainformed services to this cohort.
The most frequent ACEs reported were the loss of a parent, emotional abuse and household substance use. The items where youth workers were least likely to know whether the young person experienced it, or knew they had not, were sexual abuse and domestic violence against the mother. This is not uncommon as childhood sexual abuse is more frequently disclosed during adulthood. The ACE profile of young people in this study mirrors more closely that of populations accessing adult homeless, probation and addiction services. These findings underline high rates of trauma in this population, and the importance of effective intervention, engagement, and diversion strategies. Young people engaged with Garda Youth Diversion Programmes. Higher levels of trauma increase the likelihood of engagement with the criminal justice system. Traumatic experiences impact on behaviours in a range of ways that can negatively affect a young person’s engagement with a programme such as the GYDP. This can include difficulties with emotional regulation, self-soothing, learning, and social engagement, all of which can negatively impact on how the young person works with figures in authority, with community programmes, with workers and with their peers. When practices and policies are not aligned with the needs of traumatised populations, trauma symptoms displayed by young people can go unrecognised or be misunderstood.
3.6 x more likely to have grown up with domestic violence
3 x more likely to have grown up in a household where there was somebody with a mental illness
2.6 x more likely to have a grown up with substance dependence
2.5 times more likely to have experienced physical abuse in childhood
Twice as likely to have experienced verbal abuse in childhood
2.5-6 times more likely to have experienced childhood sexual abuse
It has been well established that exposure to trauma has implications for brain structure, decision making, ability to engage effectively with services, and emotional regulation. Experiences of trauma frequently result in behaviours that can be considered aggressive, challenging, evasive and non-engaging.
Services that incorporate knowledge
Where services such as social, criminal justice and health fail to recognise the symptoms of traumatic experience in a young person’s behaviour, this can be mislabelled as ‘challenging’ behaviour. This mistaken labelling of such behaviours can impact on how workers treat young people and can compromise the continued engagement of a young person in a service, possibly resulting in the young person’s needs going unmet and objectives of the programme not being achieved.
entirely understandable adaptive
justice report
In 2020, a collaboration with An Garda Síochana, Youth Rise and Quality Matters looked at young people in the Garda Youth Diversion (GYDP) schemes. An alarming level of adverse childhood experiences within this cohort of young people was revealed. The ACE scores of the young people revealed that 63 per cent had four or more ACEs (only 12 per cent of people in the general population have four or more) and more than one-third of the total had six or more ACEs.
Trauma profiles of women in probation services
about the impact of trauma on the brain and behaviour facilitate a better understanding of presenting behaviour; the client is no longer regarded as unwilling and difficult, but instead is perceived as unable and trying. Reinterpreting these behaviours as responses to unresolved trauma depersonalises the behaviour and improves staff responses, and ultimately increases the service’s capacity to support traumatised clients. The increase in research output in this area has highlighted the breadth and depth of trauma in the lives of those involved in the criminal justice system. Trauma-informed and trauma-aware approaches are being engaged with,
Understanding trauma, its effects on behaviour and its impact on the service provider-user interaction could help criminal justice professionals to avoid triggering traumatic reactions or retraumatisation, potentially aid in the recovery and healing process and, at the same time, promote a greater sense of safety among staff.
both by the Courts Service, which has committed to a training and implementation programme for all staff over the coming three years, and An Garda Síochána, which is exploring trauma-informed practice pilots within the GYDP as a recommendation arising from the GYDP research project.
1. Quality Matters is a registered charity and not-for-profit social enterprise involved in a range of community initiatives including the development of Trauma Informed Practice training and supports to non-profit bodies and organisations.
91
justice report
Putting people at the centre of a modern and digital Courts Service
Kilkenny Courthouse
Audrey Leonard, Assistant Secretary, Strategy and Reform Directorate, outlines the Courts Service’s plans for the future, the Strategic Vision for the Courts Service to 2030 and the 10-year modernisation programme of activity to deliver on that vision. As Head of the Modernisation Programme she also highlights the objectives of this programme to develop new digital technology and modern ways of working for the administration of justice by placing the user at the centre of how service delivery is designed and delivered. With the ultimate goal
Advertorial
of making access to justice easier and quicker to navigate based on user needs. The Courts Service are currently in the Transition Phase of their Modernisation Programme, which is focused on establishing the foundations for modernisation - building capability and capacity, establishing modern technology platforms, developing organisational strategies and ICT frameworks, and piloting new usercentric models. The Courts Service is responsible for the management and administration of the 92
Courts in Ireland. The Service has a unique role supporting the third branch of Government and there is a need for the courts to continually embrace change to adapt for the future because of what Uachtarán na hÉireann, Michael D Higgins called “the vital role the courts play in the functioning of the State…they are entrusted with the task of upholding the Constitution…the decisions of the Courts affect the personal lives of individuals and the world of business...
as society continues to evolve, it places many demands on our institutions including our legal structures; therefore, they must continue to adapt so that they can meet the needs of society and citizens”. In reflecting back on the experience of the Courts over the past 18 months Leonard is reminded of the recently retired Chief Justice Frank Clarke’s words when he described the pandemic as “the catalyst none of us wanted but
Covid-19 had the modernising effect on our courts system that was needed”.
Leonard notes: “Much of what has been achieved in the past 18 months was in planning under modernisation for the next five to 10 years; the constraints imposed by the pandemic and the creativity, dedication and determination of our people accelerated those plans. We are now challenged to ensure we take the best of what we have experienced during the pandemic forward to fulfil our vision for 2030 of a more human centred, digital first courts system in collaboration with the judiciary and our justice partners across the sector.”
Scale of change
Some of those changes since the pandemic, include rolling out nationwide a system to lodge licensing applications online; eLicensing, reducing the requirement for solicitors, members of
Technology enabled courtroom in Phoenix House, Dublin
“When you’re introducing change of this scale, momentum is really important as is dedication from staff to innovate and improve the way we work. One of the best lessons we have learnt from the pandemic is the ability within the organisation to innovate.” the public and Gardaí to attend Court. A pilot Online Appointments system has been trialled in three locations; the Central Office of the High Court, District Court Family Law in Dolphin House, and Limerick Court Office allowing for scheduling of appointments and reducing time waiting on court premises A civil reform programme has been established and is already developing an agile approach to exploring and adopting the recommendations in the Administration of Civil Justice: Review Group Report (Kelly Report). A family law reform programme has also been established to take a more humancentred approach to ensure better outcomes for court users and their families. The criminal law and organisational reform programmes complete the four programmes established under modernisation which aim to work in an agile way, with stakeholders to develop more user centric practices, communications, systems, and spaces for now and into the future.
Innovation and usercentred services Talking about modernising into the future, Leonard explains: “When you’re
introducing change of this scale, momentum is really important as is dedication from staff to innovate and improve the way we work. One of the best lessons we have learnt from the pandemic is the ability within the organisation to innovate. Even when staff were working to capacity, they were still thinking of ways to improve our service. The Courts Service last month became the first civil service organisation in the Republic to become JAM Card friendly with 75 per cent of colleagues having undertaken the training, an initiative which was initially proposed by colleagues through our innovation programme.” A JAM Card allows people with a learning difficulty, autism, or a communication barrier to tell others that they need ‘just a minute’ discreetly and easily in a simple, effective non-verbal manner. The Courts Service has introduced this to improve customer service for people that may need just a minute at public counters. “We are very aware that often people attend at Court or court offices at some of the most difficult times in their life. We want to be able to communicate in an appropriate and supportive way, while also giving our colleagues the tools and skills to be able 4
Advertorial
Reflecting on the scale of the change experienced Leonard says: “Very few areas of our business have gone unchanged since the pandemic, we were one of the few frontline services that stayed open throughout, a service that was based on facilitating volumes of numbers of people through our Courts and court offices at any one time. The lengths our colleagues on the frontline have gone to can’t be underplayed. Some of the changes which have placed an extra burden on colleagues won’t remain however those that have improved our service will.”
justice report
Since the beginning of the pandemic the Courts Service has facilitated approximately 6,068 remote court sessions. In 2020 the Courts Service facilitated 13,326 video links to Irish prisons, a significant increase from 3,798 in 2019, which supported the sector wide effort to minimise the incidence of Covid-19 in prisons. At a recent meeting of the Joint Oireachtas Committee on Justice, VSAC (Victim Support at Court) confirmed that measures taken in Courts during the pandemic such as the staggering of lists, meant less time waiting around to give evidence and less crowded court spaces, plus the option to provide evidence remotely had positively impacted on the experience of their clients. They particularly noted how these measures had reduced the anxiety of their clients.
93
justice report
NOW Group with the Courts Service JAM Card Team at the recent Launch; Maria Hughes, Pauline Redmond, NOW Group CEO Maeve Monaghan, David Cullagh, Courts Service CEO Angela Denning and Keith Keeley
to deal with working in an oftentraumatic environment. Again, initiated by colleagues, a trauma informed practice training programme is now being introduced to the organisation,” explains Leonard.
Advertorial
Confirming that people are the key to successful modernisation Leonard explains: “We can’t look to our people to make this scale of change possible without having the right supports for them. The Senior Management Team are dedicated to supporting good ideas coming through from teams on the ground. The SMT supported the Covid19 team’s proposal to digitise the daily compliance checks required as part of our C19 Safety Management Programme, being completed by our amazing worker representatives to support safe delivery of services across 103 venues. This initiative approach introduced and implemented during a very disruptive time has resulted in the Courts Service being short-listed in the ‘Leading Reform in Covid-19’ category of the Civil Service Excellence and Innovation Awards 2021.”
Our people, our strength With approximately 1,100 staff working across a wide range of venues including court rooms, court offices and public and support offices over 26 counties, the Courts Service give many staff the opportunity to have a career in a location that suits them. “In addition to the benefits available in the civil service such as flexible working arrangements including shorter working year, parental 94
leave, career break, study and exam leave and work sharing, the Courts Service offers a broad range of roles which can provide diverse and interesting career options. For example, roles such as Court Registrar, General Solicitor, Court Office Manager, as well as support office roles in accounting, finance, ICT, human resources, policy, strategy and communications. Our Judicial Assistant programme attracts many legal graduates looking to gain further knowledge of the legal system. Our internal mobility policy gives staff the opportunity to steer their career into an area that interests them, and where they feel they can add value.” Learning and development is particularly strong in the Courts Service, staff have benefitted from 624 staff training days delivered so far in 2021 with all training moving to online/blended learning platforms this year. The L&D team supported the Covid-19 safety management team by developing videos and modules which helped staff and court users understand the Covid-19 measures in place which kept courts open and safe during the pandemic. “Our ambitious vision for the future and modernisation plans make this a dynamic time to work in the Courts Service. Our people are key to achieving those goals and we in turn need to help our people reach their goals. For that reason, we take a coaching approach to management, we are embedding a culture of innovation in the organisation with our innovation strategy, network and advocates and we have introduced a
‘developing your career pathway’ programme starting with Clerical Officer and Executive Officer grades.” Continuing to look to the future Leonard concludes by summarising: “The future is bright, the pandemic has taught us that our highly traditional legacy sector can change, and for the better. Much has been done to put in place the foundations for real change but the longer-term strategic reform and change programmes require a more ongoing considered approach and that will take time. Equally we want to continue to deliver visible change in the shorter term so, there will be projects that will be progressed more quickly. Our challenge now is to empower our colleagues to adopt the positive changes for the long term, to improve the way they work with better technology and resources. This is our opportunity to positively build on what has been achieved to date, to provide easier, quicker and more efficient access to justice for all involved.”
T: 01 888 6000 E: communications@courts.ie W: www.courts.ie
Laying the foundation for sustainable transformation
Government’s broader role in cyber Data protection
justice report
Data retention and data preservation and associated risks of not tackling data protection, that could lead to a cybersecurity incident, are increasingly gaining the attention of public sector bodies as areas to address within cybersecurity. This is especially evident as more organisations move their data to the cloud whilst still trying to keep in alignment with regulatory requirements.
Government and public services organisations face unprecedented risks, but also incredible opportunities. With change driven by political uncertainty, budgetary constraints, constituency demands, technological innovation, and regulatory pressures, governments around the world are rapidly transforming, writes Colm McDonnell, partner in risk advisory at Deloitte.
Whether it be in a university, running a government department, at the border, transport and infrastructure, policing, and the military or securing health care, government and public services organisations are a highly sought-after target for cyber criminals, due to the wide array of interconnected sensitive information being stored within the sector.
Therefore, it's more important than ever to have the agility to adapt and the courage to innovate, and clearly new approaches are required to minimise the risks and maximise the opportunities facing government and public services organisations. Cyber isn't merely a technology issue. Cyber is at the centre of change, innovation, data, and technology. It's a strategic business risk that will continue to impact every facet of every organisation. Government and public services are also not alone in navigating these issues, whether at the crossroads of artificial intelligence (AI) and workforce transformation, enterprise resource planning (ERP) and cloud deployment, cyber and IT modernisation, or digital and citizen experience.
Evolving threat landscape As the threat landscape continues to evolve, traditional penetration testing is no longer seen as sufficient enough, in helping the public sector protect and defend itself against those potential threats. More organisations are now moving towards adversarial attack simulation together with adversarial detection and countermeasures, to simulate “real-world” attacks and how best to defend and respond to a cybersecurity incident.
Conclusion With the continued increase in cyberattacks within the government and public services sector and the rapid transformation to cloud, all public sector organisations need to shift their operations to keep pace.
Advertorial
The government and public services sector is not only one of the fastest growing sectors for cyber risk, but it also influences all other sectors; governments have a mission to protect themselves, national interests and businesses.
When it comes to the organisation and cloud provider, the challenge lies in the understanding of the contractual agreements and the shared responsibility model of “who” looks after various aspects of data protection, and “how” an organisation would respond to a data breach when a third party is involved.
T: +353 1 417 2348 E: cmcdonnell@deloitte.ie W: www.deloitte.ie
95
justice report
Laying the foundation for sustainable transformation
Transforming policing services in Ireland New Deputy Commissioner for Strategy, Governance and Performance in An Garda Síochána, Shawna Coxon, discusses planned transformation of the service amidst the challenges and opportunities of the Covid-19 pandemic. Following the Commission on the Future of Policing’s recommendations to modernise An Garda Síochána, A Policing Service for the Future, the policing reform programme published in 2019, set out ambitions to respond to a changing society in the form of changing crime, changing communities, and a changing workforce. The reform programme could not have predicted that societal change was about to be dramatically catalysed by the onset of a global pandemic, creating new challenges and opportunities for transformation within An Garda Síochána. Deputy Commissioner Shawna Coxon is one of those hoping to capitalise on the many opportunities. The former Deputy Chief of Toronto Police joined An Garda Síochána in April 2021 and is now immersed in the delivery of a strategic vision for the force over the next three years. Discussing An Garda Síochána’s strategy, Coxon outlines its five key pillars, of all of which have been informed by the Commission on the Future of Policing in Ireland review.
96
Laying the foundation for sustainable transformation
These are: •
community;
•
tackling crime and preventative policing;
•
victims and the vulnerable;
•
protecting the security of the Irish State; and
•
sustainable change and innovation.
The Deputy Commissioner explains that the pillars, described as ‘achievement aspirations’ by An Garda Síochána are supported by a range of ‘enablers’, ranging from information-led policing through to partnerships and engagement. These are areas of focus for the service’s internal business model. “When discussing transformation, what I try to explain is that the need for transformation of policing is something that is happening around the world, not just here in Ireland. Global police services are still based on an old structural model. The physical jurisdiction model is a legal model which will not change but that does not mean that the operational model must stay the same. In some countries the operating model created in the 1950s is still in place,” she says. “Compare that to the likes of healthcare where there are now tiered systems, where many services have a digital element, accelerated by Covid-19, and where services have adjusted to meet changing demand. This is the space we are moving in to. We want to leverage technology but also alter our broader operating model to give a better and more consistent service to more people right across the board.” However, Coxon is cognisant that services cannot experience downtime while change
justice report
“When discussing transformation, what I try to explain is that the need for transformation of policing is something that is happening around the world, not just here in Ireland. Global police services are still based on an old structural model.” is occurring: “While modernising we need to simultaneously protect our unique and successful relationship with the community,” she states.
A Policing Service for the Future Having been launched in 2019, Coxon says that planned changes to An Garda Síochána’s operating model and core functions detailed in A Policing Service for the Future have continued to be progressed throughout the pandemic. In October 2019, the operating model of An Garda Síochána shifted to cover four regions, with the total number of divisions reduced from 28 to 19. Coxon explains that while this shift might not necessarily be noticed by someone using the service, the centralisation of business functions has allowed for more a more consistent and effective service. With this centralisation, the service has worked throughout the pandemic to strategically align and streamline the four functional areas of community engagement, crime, performance assurance and business services. Explaining some of the enablers for transformation, Coxon says that a new overarching ICT vision is about responding to public expectation and acknowledges that some existing technology systems within the police service do not have the capability to deliver on modern expectations. However, the Deputy Commissioner is keen to stress that progress has already been made in relation to some key areas including the roll out of handheld devices to officers, the launch of cybercrime satellite 4
97
Laying the foundation for sustainable transformation
justice report
“While modernising we need to simultaneously protect our unique and successful relationship with the community.” hubs of the Garda National Cyber Crime Bureau (GNCCB) across various regions and in relation to cloud computing. Identified by Coxon as the most important strategic leaver for transformation, she asserts that the people and culture enabler is key to ensuring that the organisation continuously strives to adapt to changing public expectations. The Deputy Commissioner explains that work is ongoing to create a new operating model around workforce planning, whereby decisions about resources and where best to locate them are assessed. At the same time, the service is moving towards a holistic one organisation vision, whereby each staff member, from sworn officers to civilian colleagues, is afforded opportunities for development. Furthermore, work is progressing on a new health and wellbeing strategy, with a particular focus on the mental health impact of Covid-19; a new equality, diversity, and inclusion strategy; and a new human rights and people development operating model.
Governance and accountability Within the governance and accountability space, Coxon identifies the development of an Anti-Corruption Unit, new and soon-to-be-activated corporate governance structures, and a reviewed risk management framework 98
as “gamechangers”. However, she acknowledges the challenge that comes with initiating change so quickly. Addressing the existing challenges, including those which emerged during the pandemic, Coxon says: “As the Covid-19 crisis unfolded, An Garda Síochána adapted quickly and moved to deploy all available resources to provide reassurance to the public and ensure compliance with government public health guidance and regulations. Innovation took place under the areas of operational policing, organisational innovation and agility and the provision of training and learning.” As an example, Coxon says that while recruitment to The Garda College was frozen for a considerable time during the pandemic, presenting a challenge to the future workforce, a pivot to online learning has heralded a significant
training resource which will likely be retained and consolidated. “Transformation requirements identified during the global pandemic really showcased what can be achieved and that positive and progressive initiatives can emerge from moments of adversity,” Coxon maintains. “Looking to the future, we will seek to leverage that progress and embed a culture of innovation and change. Continuous innovation means that we establish principles but that we strive for continuous improvement and that everyone is encouraged to understand and embrace that. “This is a time of exciting change. It is a time like no other but there is tremendous opportunity within it,” she concludes.
Profile: Shawna Coxon Shawna Coxon is Deputy Commissioner Strategy, Governance and Performance at An Garda Síochána, a position she was appointed to in April 2021. Coxon joined Toronto Police Service in 1996 and proudly served the communities of the City of Toronto as a police officer for 25 years. Her most recent roles were Deputy Chief, Priority Response Command (from 2017 to 2020); Deputy Chief, Communities and Neighbourhoods Command (2020), and Deputy Chief, Human Resources Command (from December 2020 to April 2021). Prior to that she was Inspector, Transformation Task Force (from 2016 to 2017) where she was chosen by the Chief of Police for a committee of internal and community experts to modernise policing. This led to the strategy outlined in The Way Forward. Deputy Commissioner Coxon has a PhD in Law (Criminal) from the University of Leicester.
Laying the foundation for sustainable transformation
Illicit finance: The right time for new thinking
Illicit finance is a major threat to the security and prosperity of all nations, including Ireland. It not only enables criminals to profit from the most heinous crimes, but also finances terrorist atrocities, writes Deirdre Carwood, partner in charge of Forensic Ireland and Global Head of Investigations and Crisis Support at Deloitte. How to combat the growing issue in Ireland Criminal activities around the world generate huge profits through activities such as people trafficking, modern slavery, the illicit sale of drugs and firearms, environmental crime and bribery and corruption. It causes an immense financial and human cost to society, business, and government; a cost that we cannot, and should not, bear.
Historically, public, and private sectors have largely tackled the threat independently. Although there have been some good examples of partnership working, strategic system-wide collaboration has been absent. The sheer size and complexity of the regime seems to act as an inhibitor to change. However, the time has now come for this to change. Only by working collectively can we effectively fight economic crime. The challenge is not a simple one.
Technology advancement: solution or challenge? To disrupt and disable the criminals, law enforcement and the private sector must find equally sophisticated ways to make these hidden money trails more transparent and they must be able to bring investigators with the right skills to the table. Public sector officials have access to unique tools, data, and powers, but there can be challenges around sourcing the latest technical skill sets to investigate these sophisticated criminals and the techniques they employ. Greater collaboration with the private sector, which often has skills and capacity to help investigate financial crime more effectively, could hold the key.
Cross-sector ecosystem Economic crime and illicit finance do not stop at financial services. A huge range of other sectors need to play a strong, active role within the ecosystem. This can be both socially responsible and be good for business: social media needs to tackle the explosion in phishing and romance frauds, telcos are faced with soaring incidents of payments fraud, pharmas are struggling with transactions laundering and other sectors such as real estate and NGOs must be alert to the risks of source of funds and money laundering. Additionally, there are many arms of government, such as the Revenue, Companies Registration Office, and Land Registry, where more coordination and collaboration could help best defend the system. The challenge is significant requiring cultural and regulatory reform, but from our experience of working with organisations across the ecosystem, we know that everyone involved wants the same outcome: to prevent crime, protect citizens and customers, and disrupt the criminals. The task, for leaders in both government and industry, is to harness this shared ambition and go on the transformation journey together.
Advertorial
Public-private collaboration
Organised crime groups have highly sophisticated methods to conceal their profits, which enable the movement of illicit funds so that they are beyond the view of law enforcement officials and can defeat controls put in place by the regulated sector. Money also moves quickly; it passes between institutions and across borders in seconds, while for investigators, following those trails can take months.
justice report
As an example, we can look to the approach taken by the US Department of Justice (DoJ). The DoJ has worked with the private sector for the best part of a decade, bringing in forensic accountants, open-source intelligence analysts and more, which has enabled them to make a dramatic step-change in the seizure of criminal assets.
T: +353 214 907 051 E: dcarwood@deloitte.ie W: www.deloitte.ie
99
18-19 January 2022 • Croke Park Environment Ireland® is Ireland’s major environmental policy and management conference. Now in its 17th year, this two-day event features a range of focused sessions highlighting the pressing issues facing the environment in Ireland and further afield. Don’t miss Ireland’s major annual environment conference…
Speakers confirmed so far… Ossian Smyth TD, Minister of State with special responsibility for communications and circular economy
Professor John Wenger, Professor in Physical and Environmental Chemistry, UCC
Aurel Ciobanu-Dordea, Directorate-General for Environment, European Commission
Brian Carroll, Assistant Secretary, Environment and Climate Action, Department of the Environment, Climate and Communications
Laura Burke, Director General, Environmental Protection Agency
Céline Charveriat, Executive Director, IEEP – Institute for European Environmental Policy
Exhibition area
Terry A’Hearn, CEO, Scottish Environment Protection Agency
Oisín Coghlan, Director, Friends of the Earth Ireland
Important high-level plenary and focused sessions
Maria Rincon, Team Leader for Circular Economy, Sustainable Production, Products & Consumption, EU Commission
Pat Barry, Chief Executive Officer, Irish Green Building Council
250+ delegates
Philip Nugent, Assistant Secretary, Department of the Environment, Climate and Communications
The must attend event for anyone in the sector
Bruce Harper, Environmental Consultant, Antaris Consulting
Róisín Dowd Smith, Climate Change & Development Officer, National Water Group Scheme
Alice Teague, Head of Biodiversity, Department for Environment and Rural Affairs, Welsh Government
Mary Gurrie, Water Programme Manager, Environmental Protection Agency
Dr Úna FitzPatrick, Project Manager, All-Ireland Pollinator Plan
Deborah Chapman, UNEP GEMS/Water Capacity Development Centre, Environmental Research Institute, University College Cork
Hear local industry leaders and visiting experts Connect with policy-makers and practitioners
Networking opportunities Important overview of Ireland’s environment Interactive Q&A session with expert speakers
Linda Lawlor, Manager, Native Woodland Trust Francesca Racioppi, Head of the European Centre for Environment and Health, WHO
Dermot O’Kane, Town Planner, Belfast City Council
Paul Scott, Environmental Planning Manager, Department of Housing, Local Government and Heritage
Denise Cahill, Co-Ordinator, Cork Healthy Cities
Sponsored by
Register now Online
www.environmentireland.ie
By email
registration@environmentireland.ie
By telephone
+353 (0) 1 661 3755