19 minute read
Minister Helen McEntee TD on delivering a justice system that works for everyone
Helen McEntee TD: A whole-of-government approach to justice
Credit: Department of Justice
Minister for Justice Helen McEntee TD discusses her priorities as minister and the Government’s ambition to deliver a justice system for all.
What are your current priorities as Minister for Justice?
My overall aim as Minister for Justice is to ensure there is a fair, safe, and inclusive Ireland. The Justice Plan 2022 outlines my priorities for 2022, a wide mix of legislative and policy commitments across the civil and criminal briefs of my department. The actions in the Justice Plan will deliver on the Department’s five overarching strategic goals which are to:
- 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.
Finalising and publishing Zero Tolerance, the Third National Strategy against Domestic, Sexual and Gender Based Violence (DSBGV) was one of my key priorities for me this year and implementing it remains a key focus; I want this strategy to result in a sea change to attitudes around the behaviours that perpetuate and to some extent to date have allowed DSGBV to happen in our society to the extent that it does.
What are the key objectives of the Criminal Justice Sectoral Strategy 2022-2024?
The Criminal Justice Sectoral Strategy sets out a vision of a joined-up criminal justice system that protects human rights, builds public confidence and trust, and works together to improve efficiency and the experience of those who rely on us to support a safe, fair, and inclusive Ireland.
The implementation the strategy is overseen by the Criminal Justice Strategic Committee (CJSC) which includes senior leaders from all of the major criminal justice bodies, namely the Department of Justice, An Garda Síochána, Irish Prison Service, Courts Service, Probation Service, Director of Public Prosecutions, Legal Aid Board, and Forensic Science Ireland.
The key objectives of the strategy are to prioritise actions to support our shared commitment to prevent and respond to crime and to reduce harm, work to ensure that good quality, timely information is provided to users and that they are dealt with fairness, dignity, and respect at all stages and to build an innovative culture, embedding system-wide thinking, collaborative working and evidence-based decision-making.
How has the Department of Justice sought to enhance collaboration and deliver a more cohesive criminal justice system?
I believe a collaborative approach is essential in ensuring policy development and decision making is responsive to lived experience and the needs of those most affected. This is not just about collaborating with government departments and services, but about bringing the citizen into the policymaking process too – that is why we have run wide ranging public consultations, for example on hate crime, DSGBV and Ireland’s alcohol licencing laws, which have invited submissions not just from sectoral stakeholders but from members of the public too.
My department engages in collaborative work with key stakeholders every day and this approach is evident in almost all of our policy and legislative initiatives. For example, when developing the Third National Domestic, Sexual and Gender-Based Violence Strategy we partnered with the National Women’s Council of Ireland and Safe Ireland to ensure it was lived experience-informed. Implementation of the strategy will rely on a whole-of-government approach.
Another example would be the recent publication of the final report of the High Level Taskforce to consider the mental health and addiction challenges of those who come into contact with the criminal justice sector. The recommendations of the taskforce cut across both the Department of Justice and Department of Health and it ensures a multi-agency approach will be taken to rehabilitating and diverting offenders with addiction or mental health challenges away from crime.
Why is the Third National Domestic, Sexual and GenderBased Violence Strategy 2022-2026 so significant?
The goal and guiding mission of this strategy is clear: zero tolerance in society for domestic, sexual and gender-based violence. Zero tolerance means realising that we have allowed gender-based violence and abuse, and the attitudes and assumptions which underpin it, to 4
result in misery for too many, for too long.
It is important that determination to change is reflected in this strategy. That is why this strategy is not just about a criminal justice approach. It is not only about how we can improve policing or the court system or legislation, although all of those and other areas are addressed and are vitally important.
It is also about involving wider society and all ages, engaging with everyone to change attitudes and to combat this violence and abuse. Zero tolerance is about ensuring a positive impact on the attitudes of men and boys to domestic, sexual and gender-based violence, while also empowering women and girls. I believe this strategy is the firmest demonstration yet of Ireland’s determination to change.
To what extent are the justice sector’s centenary milestones between 2022 and 2024 an opportunity for reflection?
2022 is a particularly significant year for the Department of Justice as it marks centenaries of the establishment of An Garda Síochána, the occupation of the Four Courts and the enactment of the Irish Free State constitution. It is a huge honour to serve as Minister for Justice at any time, but particularly so in this, the centenary year of An Garda Síochána. I have been so proud throughout this year to hear the stories and mark the courage and service of our Gardaí, our ‘Guardians of the Peace’, as part of the Decade of Centenaries Programme.
This phase of the programme focuses on a period which saw the foundation of the State and the establishment of many of the institutions which have served us since then. This year’s Garda centenary is a cornerstone of the programme across the justice sector over the next three years.
As you have highlighted, these events offer an opportunity to reflect on our history, on those who have lost their lives in service to the nation and its people, and on the immense efforts of those who built the foundations of our new nation.
It also gives us the chance to look back on how we have progressed and the opportunity to look to the future. We have shown that the Justice sector is ready to adapt to the changing landscape.
Implementation of A Policing Service for the Future will see An Garda Síochána transform into a world class policing service with human rights at its core. We have modernised justice sector services to adjust to the digital age, such as up the digital transformation of our immigration service delivery, the modernisation of the courts system and modernised civil and criminal law.
How do you define the Government’s ambition of delivering a justice system that works for everyone?
Delivering for the public is at the very heart of what we do in the Department of Justice and in Government. The 159 actions outlined in the Justice Plan 2022 are all set with the goal of delivering a justice system that works for all. This is something that I believe we have done through the actions and policies we have taken so far this year.
A key example is the continued implementation of Supporting a Victim’s Journey: A plan to help victims and vulnerable witnesses in sexual violence cases. This important document, which I published in late 2020, acknowledges the fear that many victims of sexual violence have of the criminal justice system and aims to remove that fear, support victims every step of the way and create a system centred around them.
I have published two pieces of legislation this year which work towards making the steps set out in the Plan a reality. In July, I published the General Scheme of the Criminal Justice (Sexual Offences and Human Trafficking) Bill 2022. This important piece of legislation will strengthen the law on consent, provide greater protections and supports to victims of sexual crimes and human trafficking (including putting the National Referral Mechanism on a statutory footing) and ensure anonymity for victims in all sexual offence trials.
In August, I published the Criminal Justice (Miscellaneous Provisions) Bill. This Bill will make it easier for victims to obtain civil restraining orders against stalkers, increase the maximum sentence for assault causing harm from five years to 10 years, make stalking and non-fatal strangulation standalone offences and expand the existing harassment offence.
The Garda Síochána Ombudsman Commission. (L-R): Commissioner Hugh Hume, Chairperson Justice Rory MacCabe, Commissioner Emily Logan.
The Garda Síochána Ombudsman Commission (GSOC), Ireland’s independent policing oversight body, is looking ahead to the reforms envisaged in the General Scheme of the Policing, Security and Community Safety Bill.
GSOC was established in 2007 to provide independent oversight of policing in Ireland. We investigate complaints from the public concerning the conduct of members of An Garda Síochána. These complaints can be of criminal or disciplinary nature, or both. Working from our Dublin headquarters, and regional offices in Cork and Longford, we operate in 26 counties, seven days a week, 24 hours a day, functioning as an important element of Garda Síochána oversight. Our work is challenging, and results depend on the skill and dedication of our busy staff.
The question of reform in policing and in policing oversight in Ireland has been centre stage since the publication of the report of the Commission on the Future of Policing in 2018. The resulting programme of reform proposes sweeping changes to the composition and mandate of GSOC, which was sketched out in the general scheme of the Policing, Security and Community Safety Bill in 2021.
The proposed legislation will significantly enhance the institutional independence of GSOC, giving it its own accounting officer and vote. It will see an automatic referral of all complaints to GSOC in the first instance, and provides for the streamlining of the investigative process, allowing disciplinary matters and criminal matters to be examined concurrently.
Preparation for these changes has been a core focus of GSOC’s work since 2021. Planning for organisational reform is a task for all staff and a crossorganisational transition project group is coordinating this work. Working with the Department of Justice, our transition process aims to create an institutional structure that is suitably resourced and staffed to meet GSOC’s new remit once it is in place.
The changes set out in the draft legislation are a prime opportunity to take steps towards fulfilling GSOC’s vision of a first-rate, human rights based policing oversight organisation that is strategically and logistically fit for purpose, and compliant with internationally-recognised standards of best practice. GSOC is looking forward to working with all stakeholders in this process in the months and years ahead.
E: info@gsoc.ie W: www.gardaombudsman.ie S: @GardaOmbudsman
The future of justice: Interconnectedness and a wholesystem approach to justice
The pandemic showed how government can help speed up innovation in every area and underlined the necessity for interconnectedness across government agencies. The question now facing justice leaders is how they can do more than simply improve existing processes to transform outcomes for citizens, Shane Mohan, Partner and Head of Government and Public Services at Deloitte.
The response to the pandemic has given leaders a real sense of what is possible when they work together across government organisations. A whole-system approach to sustained transformation across the justice sector would help to future proof the system against ever-evolving challenges. To reshape the future of justice, it is vital to understand not only the justice context today and in the coming months, but the world it will be operating in five, 10 and even 20 years’ time. Little is known for certain. As shown by recent geopolitical events, predicting the state of the world is more difficult today than ever before.
Breaking down silos
The importance of shared goals across government is becoming more evident as many justice organisations are progressing their transformational journeys. While many organisations across the sector have commenced their change programmes, their strategic plans consider change from primarily their perspective, rather than the overall system. Organisations tend to focus on the service they provide rather than taking a cross-agency service design approach. Considering an end-to-end process for the user would generally result in a better overall experience. A whole-system approach to consider the full user experience, rather than its individual components, would allow for greater efficiencies and an enhanced user experience in the long term.
Figure 1: Leading whole-system reform to improve justice outcomes
Build the coalition
Develop systems insights and focus
Plan for impact
Align for impact
Stay and adapt the course
Progress requires innovation beyond functional and administrative levels within an organisation. For the justice sector, breaking down silos to develop a shared understanding of the benefits from the exchange of knowledge and perspectives is key to successful largescale transformation for the sector as a whole. Organisations including the Department of Justice, the Courts Service, An Garda Síochána, the Irish Prison Service, and the Probation Service are all working towards common goals such as:
• tackling crime and enhancing national security;
• improving access to justice and modernising our courts service;
• strengthening community safety; and
• promoting justice, equality and safeguarding human rights.
An example of a whole-system approach in Ireland is the Criminal Justice Sectoral Strategy 2022-2024. The key objective of this strategy is to develop a shared vision for a more “joined-up criminal justice system” with increased datasharing between agencies a priority that is being led by the Criminal Justice Operational Hub. Some of the key projects already underway include the sharing of charge sheet data from An Garda Síochána, court lists and court orders from the Courts Service with other agencies.
This strategy was drafted by the Criminal Justice Strategic Committee in light of consultations that suggested the criminal justice system was “daunting, inaccessible, and often difficult to understand”. This committee is made up of the Department of Justice, An Garda Síochána, the Office of the Director of Public Prosecutions, the Courts Service, Forensic Science Ireland, the Irish Prison Service, the Legal Aid Board, and the Probation Service, and highlights how internal collaboration can be fostered locally with a coordinated multiagency response.
Adopting a wholesystem approach
Despite the understanding of the need for adopting a whole-system approach to justice, it is intensely challenging. Adversarial legal traditions, legal separation of powers, distinct professional identities, and specific organisational structures and processes were all developed for good reasons and these traditional values remain omnipresent in the justice system in Ireland today.
To combat barriers to change and to foster collaboration, our experience suggests that several critical steps are required (Figure 1). This five-ingredient framework outlines how coordinated action across the whole justice system, with engaged leadership at every level, can lead to a more effective justice system.
Life event experiences
An example of a whole-system approach, recognised by Deloitte globally, is how government could offer holistic services by realigning and integrating resources to understand citizens’ needs as they navigate life events. This approach considers the end-to-end process of an individual life event such as childbirth, marriage, unemployment and death and the touchpoints with various government 4
Figure 2: Basket of services on representative life events
services that are needed to navigate these events. Figure 2 highlights some typical services that are associated with such events.
This transformational potential of life event services in government is particularly relevant across the justice sector due to complex user journeys and the broad number of interactions with different organisations. Leveraging this type of life event approach in the justice sector could significantly improve customer experience by offering the appropriate “basket” of services required by service users.
The areas of crime and family law are good examples of where service users require multiple services from multiple agencies. Domestic violence cases are a classic example, it can trigger the need for Garda intervention, the Courts Service is engaged for a potential emergency hearing and ongoing support services will need to be provided, among others. These events are not only complex in the fact that they require interaction between several government organisations, but more importantly, they typically require a greater degree of human touch and interpersonal skills on the part of public servants.
By looking at life events and providing an end-to-end service approach to these events, justice organisations will be required to better understand individuals’ experiences and deliver personalised experiences to meet these needs. Highlighting why design philosophies such as human centred design, agile delivery and once-only contact will be essential to underpin any potential whole-system approach to justice.
Considerations for a whole-system approach
There can be many challenges and considerations for government agencies when adopting this whole-system approach as it disrupts how government agencies have traditionally been organised. Currently in the justice system many related tasks are handled by separate government agencies. With this in mind, there are important considerations (Figure 3) that justice organisations must keep in mind when implementing a central approach e.g., siloed technology and data systems, along with privacy and data security concerns. Overcoming some of these challenges will not be easy and may require new governance mechanisms. Every strategy will require careful attention and constant feedback to ensure that each of these considerations and potential barriers can be mitigated. It is critical that organisations work together to address cross-cutting policy issues to ensure priorities are aligned and to drive strategic collaboration across the justice sector. Furthermore, an appropriately resourced
Figure 3: Considerations for implementing a central approach
transformation office with the right capabilities is key to ensuring that progress is continuously monitored, and the right level of focus and commitment is given to support and embed innovation and multi-agency collaboration.
Data at the heart of the system
One of the fundamental functions of any justice system is providing and sharing information across government agencies. Current approaches to data management are creating additional tasks and frustration for professionals across the system. Processes and documents are still often paper-based and outdated systems mean that extracting data can be very difficult.
Let us take the criminal justice system for example, if an accused person or offender has been detained pending a court date, their information will be required by three separate agencies. In this scenario, police, prison, and courts services will all require pertinent information to provide relevant services. Any absence or inaccuracy of data is very costly and may significantly delay the process.
At Deloitte, we see huge potential for improvement if government organisations take advantage of emerging good practices in data management. Technological advances in cloud computing and robust data governance means that vast volumes of data can be stored securely and centrally on the cloud and data could then be shared and accessed by eligible organisations who rely on good information to deliver services. The aforementioned Criminal Justice Operational Hub is a significant step in the right direction to support the needs of users and justice agencies. Furthermore, the Courts Service Data Strategy (2021-2024) sets out a clear set of actions that will bring a coherent focus to their efforts to improve the organisation’s capacity to manage and appropriately use the data it processes.
Innovation as a catalyst for change
When integrating services and shifting towards a whole-system approach to justice, innovation can act as the catalyst for change and serve as an “enabler, funder, convenor or ecosystem integrator”. The pandemic has emphasised the need to embrace innovation as a process highlighting the increased urgent need for collaboration across silos. As many agencies scrambled to respond to the crisis, they found themselves working across portfolio boundaries, formally and informally, and forging partnerships.
Innovative responses during the pandemic have given leaders a glimpse of what is possible when justice agencies work collaboratively with technological enablers at the core. The widespread adoption of courtroom video conferencing by the Courts Service to facilitate remote court hearings is a key example of this as it challenged traditional norms around justice and shifted attitudes towards virtual courts. In other jurisdictions, a review by the Civil Justice Council in England and Wales, they found that 71.5 per cent of lawyers described their experience of remote hearings as positive or very positive.
It is rarely technology alone that determines the success. True transformation comes from changing what is done in more fundamental ways: designing future services around citizens’ needs, empowering people to solve their own problems and using data to identify trends to support the justice system.
As highlighted in the Criminal Justice Sectoral Strategy, there is a need for significant cultural change to embed new ways of working and inter-agency collaboration. Embedding innovation as a process and supporting staff to innovate and think beyond organisational boundaries is key to developing a more joined up justice system.
Strengthening collaboration and connectedness
Moving towards a more joined-up justice system requires a culture of collaborative working between justice organisations. As outlined in this article some of the key enablers for successful transformation include data sharing, technology, leadership, and cultural change as well as an innovative mind-set. Strong leadership from the highest levels of each justice organisation is required in order to break down organisational barriers, think systemically, and to further embed collaborative ways of working. As service delivery models are transformed it is imperative that a whole-system approach is taken to justice to ensure that the overall user experience is greatly improved, and a more effective system is delivered for all.
T: 01 417 2200 E: smohan@deloitte.ie W: www.deloitte.ie
