Vol. 549 No. 2
1 Mr. Shatter asked the Minister for Justice, Equality and Law Reform the estimated number of assaults causing harm reported to An Garda Síochána in 2001; the estimated number of other assaults so reported; the number of such assaults in each category to date in 2002; and the reason he has failed to take appropriate action to prevent the continuing escalation of violence on streets. [6178/02]
I understand, on the basis of contact with the Garda authorities, that although they are not in a position at this stage to produce statistics for the year 2001 that someone is prepared to stand over, the likelihood is that there will be some positives as well as some negatives in them.
With regard to preliminary crime figures per se, I remind the House that no Minister for Justice, to the best of my knowledge, has ever published such figures, as provided by the Garda Síochána. The reason which has always been given for this is that preliminary figures are almost invariably subject to adjustment. As a case in point, the final statistics produced in the Garda Annual Report, 2000 showed significant departures from preliminary information that had been gathered during the year. Prudence dictates, therefore, that one should await the officially published figures.
I am informed by the Garda authorities that crime statistics for the year 2001 are currently undergoing the routine process of validation in Garda districts. I am further informed that this work will not be completed for some time, so it is not possible for me to provide an indicative date for publication at this stage. I am assured that when the compilation process is completed and the report printed, copies will be forwarded to me by the Garda authorities without delay.
At this point, I utterly and categorically reject the suggestion by the Deputy that my response to the incidence of assault has been anything but rapid, committed and well resourced. However, it is important to make the point that law enforcement, while having a crucial role in dealing with the problem, cannot be said to be the sole or ultimate kind of solution to deal with the propensity of some people – and, particularly, some young men – towards violence.
Nevertheless, in terms of the law enforcement response, the Garda Síochána's national public order initiative, Operation Oíche, has been in operation since October 2000. This operation focuses on public disorder, public intoxication, under age drinking, illicit drug use and under age alcohol sales. ‘Hotspots' of criminal activity receive particular Garda attention, with an emphasis on high-visibility patrolling. Moreover, key urban locations are selected for intensive patrolling involving the Garda mounted unit, Garda dog unit and Garda air support unit.
The Garda authorities consider Operation Oíche to have been highly successful to date. Since its introduction, there has been a more visible Garda presence on the streets, particularly at the closing times of licensed premises and night clubs. This operation has taken place against the background of the unprecedented investment which the Government has made in the Garda Síochána.
The number of gardaí has now increased from 10,800 in 1997 to more than 11,700 at present, and it is on target to achieve a strength of 12,000 by the end of the year.
Additional InformationThe Garda Síochána Vote for the year 2002 is €918 million, £723 million, which represents an increase of more than 50 per cent on 1997 levels.
A further significant measure against violent street crime is Garda CCTV. To date, CCTV systems have been installed in Dublin North Central, i.e., O'Connell Street and its surrounding areas, Dublin South Central, i.e., Grafton Street and its surrounding areas and Tralee, County Kerry. A Garda CCTV system is currently nearing completion in Cork city, and I understand that most of the cameras in the system are now fully operational.
In late 2000, I announced that the number of Garda CCTV systems was to be further expanded, and I have allocated more than €15 million for expenditure in this area for the period 2001 to 2003. Garda town centre CCTV systems are now planned for Bray, Dundalk, Dún Laoghaire, Finglas, Clondalkin, Tallaght, Galway, Limerick, Athlone and Waterford. Moreover, the installation of systems in at least a further six areas will be announced in due course.
I have also recently sought and received Government approval for the drafting – on a priority basis – of a new Criminal Justice (Public Order Enforcement) Bill. The purpose of the Bill is to provide the Garda Síochána with additional powers to tackle anti-social behaviour. It will target drunk and unruly elements who congregate late at night outside or in the vicinity of licensed and other premises, such as fast food outlets, and who by their aggressive and intimidating behaviour threaten the peace and well-being of law-abiding citizens. As announced in the Government's legislation programme on 29 January, 2002, it is planned that the Bill will be published before Easter.
I assure the House that I will continue to do all that is necessary to effectively tackle the problem of assault and violence on our streets, and I am confident that existing measures are paying and will continue to pay dividends in terms of crime prevention and detection.
Is the Minister aware that based on the Garda crime statistics for 2000 there are 30 victims of assault per day throughout the country? Is he aware there are 211 victims of assault per week on our streets? Is he aware that as we raise this issue this afternoon there are two young men still unconscious in the same ward in Cork University Hospital as a consequence of horrific assaults perpetrated on them in Cork city centre? Is he aware there are other young men in Dublin hospitals as a result of assaults perpetrated on them? Is he aware of the number of assaults that took place in 2001? Will he confirm that the 131% increase in assaults causing harm between 1999 and 2000 is not the end of the matter and that there has been a further substantial increase in the incidence of assault in 2001? If the Minister does not have estimated figures for 2001, will he explain what has gone wrong with the PULSE computer system which was designed to ensure that both he and the Garda Síochána had immediate access to up-to-date statistics about crime such as assaults, so as to plan policy?
I am aware there is a problem on the streets in relation to violent assaults. I am also aware that the 131% increase referred to by Deputy Shatter relates to serious offences – assault occasioning actual bodily harm. The number of serious assaults rose between 1999 and 2000 from 700 odd to 1,700 odd. The other assaults to which the Deputy refers clearly relate to common assaults which would be less serious. We must put this in perspective. The number of serious assaults in the region of 1,700 and more for the year 2000 is obviously a cause for concern. It is in that context that Operation Oíche was put in place. It is in that context also that we have provided CCTV cameras at four different locations and are proceeding to provide ten more and a further six will be announced in due course. We hope in the not too distant future to announce a scheme of grants for CCTV schemes in places having a lower priority.
The Garda has never been better resourced than it is now. Since 1997 its budget has been increased by more than 50%. We have put in place more than 42 Bills in this and the other House. The number of gardaí has been increased to 11,700 and the Garda Síochána is on target to achieve a strength of 12,000. We have also increased the number of prison spaces.
We have tackled many elements of crime. Overall, crime has fallen by approximately 27% since the Government came to office. I acknowledge there is a problem on the streets in relation to serious assaults. That is a matter which has to be tackled from a criminal justice perspective but it is also a problem which has to be measured from a societal perspective. We have to look at the reasons for these assaults and seek to tackle them at source.
Reducing crime is the Minister's responsibility.
I accept responsibility in the criminal justice aspect. I am merely pointing out that an increase in violence among young men, in particular, has a great deal to do with the mores of the day.
The time for dealing with this question has expired.
I protest at the Minister's continu ous "talking-out" of questions to avoid having to answer supplementary questions.
The six minutes for dealing with this question have concluded. Deputy Shatter, please.
This is a plan which is completely discredited and the Minister is presiding over an increasing escalation of violence.
Will Deputy Shatter please listen to the Chair? The Deputy is totally out of order. If he tries that again on any other question I will ask him to leave the House. Under Standing Orders, six minutes are allotted for the question and the Deputy cannot take up the time allotted to other Deputies.
The Minister "talked out" the question so as to avoid having to confront the issues.
Do I take it the next six minutes starts from now?
Deputy Howlin's six minutes starts now.
On a point of order, what is the procedure for supplementary questions? In fairness to Deputy Shatter he got one supplementary question—
The Chair is not prepared to enter discussion on this matter. Some six minutes are allotted. The Minister takes two minutes for his initial reply and each Member is entitled to ask a supplementary question. Deputy Shatter took more than two minutes to ask one supplementary question and the Minister took two minutes in reply. That took us over the six minutes.
2 Mr. Howlin asked the Minister for Justice, Equality and Law Reform the progress made to date regarding allegations of falsification of conviction rates in Garda records in Waterford; the scope of the investigation; the reason it is limited to 2001, when the documents refer to the practice going on for five years; if, in view of the increasing lack of public confidence regarding crime statistics, he will consider a role for the Central Statistics Office regarding the compilation of crime statistics; and if he will make a statement on the matter. [6117/02]
The Garda Commissioner is gravely concerned that any doubt should be cast on the accuracy of information which may form part of his Garda Annual Report, arising from allegations relating to the treatment of crime statistics for 2001 in Waterford city Garda district, as contained in The Star newspaper last week.
As a consequence, on 14 February the Commissioner appointed a chief superintendent from outside the region to review all aspects of the information received. Specifically, the chief superintendent will carry out a complete audit of all headline and applicable non-headline offences in the Garda District in question for 2001. The audit will examine all detected offences and the evidence pertaining to those offences being declared as detected. It will also examine compliance with the crime counting rules as they currently apply.
Given the importance of the figures contained in the Commissioner's annual report on crime, I assure the House that the report of the chief superintendent, when finalised, will be made public.
I very much share the concern of the Deputy that these allegations have arisen. Although I have no role and do not intervene in the compilation of crime statistics, it should go without saying that public confidence must be upheld in the validity and legitimacy of crime statistics emanating from the organisation solely responsible for their compilation, namely, the Garda Síochána.
However, it must also be recognised that the crimes which are the subject matter of this controversy occurred in 2001 and that the Commissioner's Annual Report of An Garda Síochána for that year has yet to be finalised. I have been informed by the Garda authorities that the process of validating crime figures for the year 2001 is at present under way in all Garda districts and that it will not be completed for some time yet. Nevertheless, I have been assured that as soon as the work is finalised, the validated statistics will be compiled into report form and printed copies forwarded to me with the utmost speed.
I also reject the unwarranted generalisations that have been made about the validity and authenticity of official Garda crime statistics in general.
How does the Minister know?
I remind the House that the allegations being discussed now relate to 14 alleged incidents in one Garda district, out of a total of 107 Garda districts. I consider it to be grossly unfair and empirically unwarranted to make the leap from the specific to the general, and any attempt to do so does a disservice to the men and women of the Garda Síochána.
Jumping the gun and presuming a general culture of wrongdoing by the Garda in the absence of empirical findings not only runs counter to the principles of natural justice, but it is a gross breach of our duty to maintain a reasoned, balanced and fair analysis of issues that may arise from time to time in the sphere of crime and law and order.
Additional InformationAs to the question of the degree of retrospection of the investigation being conducted by the chief superintendent, that Garda officer has been directed by the Garda Commissioner to complete his investigation as soon as possible and to include recommendations, where considered appropriate. I am confident that further action on foot of any recommendations, including the possibility of auditing crime statistics for the Garda district in question prior to 2001, should that be so recommended, will be taken.
As I have already stated, the only organisation currently involved in the compilation of Garda crime statistics is the Garda Síochána. In fact, compared to many – if not most – statistical indicators of socio-economic matters, the Garda Reports on crime constitute one of the longest-running statistical series in this State. In the circumstances, I am not satisfied that a serious case has been made for the type of change referred to by the Deputy, that is, giving a role to the Central Statistics Office in the compilation of crime statistics.
To give credit where credit is due, the CSO has proven its worth when it comes to crime-related statistical matters, in the form of the 1998 crime and victimisation module of its quarterly national household survey. The Deputy will be aware that this module essentially consisted of a nationwide crime victimisation survey that, in terms of its scope and extent, represented the most extensive survey of its kind ever conducted in this jurisdiction. The CSO itself considers this to have been probably the largest and most complex of its modules conducted and published to date.
This achievement is a far cry from constituting an argument that the CSO should take over responsibility for the compilation of Garda crime figures. Such a compilation process is not simply a statistical exercise but requires an extensive knowledge of criminal justice legislation and Garda procedures. It is not obvious to me, therefore, that the CSO is the right organisation for the job, and it would require a considerable body of argumentation to convince me that the pre-existing expertise of the Garda Síochána in crime matters is not a considerable advantage in the compilation of crime statistics.
However, the Deputy will be aware that the National Crime Council, in its first report, entitled Crime in Ireland, made a recommendation that an expert group should be established to, among other matters, examine the collation of information relating to crimes reported to and recorded by the Garda Síochána, mindful of the capabilities of the Garda PULSE computer system.
At the time of the publication of the report, namely, November 2001, I indicated I would give full and early consideration to this and other recommendations, in conjunction with relevant State agencies, including the Garda Síochána. I would consider that there is a great deal of merit in this proposal, and the associated deliberative process is nearing a conclusion. I expect to be in a position to inform the National Crime Council in the near future of my decision in this regard.
To return to the main issue here, there is no doubt that the allegations in the newspaper article are serious, but they are not and cannot be used to denigrate a record of achievement second to none in the field of criminal justice. The allegations are being investigated closely and with alacrity, and the results of the investigation will be made public by the Commissioner.
I am satisfied that all that can be done is being done, and it is now time to await due process.
Is the Minister aware that the letters anonymously sent to two newspapers and me allege wrongdoing over a five year period? Is he aware of the reason the appointed chief superintendent's task is limited to one year only? How can he characterise a request from Opposition Members to look at other statistics as unfair and unwarranted? He has no more knowledge than me that there are no other matters to be investigated. Why is he not looking at figures across the country? In the light of my comments, will he accept the need for an independent statistics gathering body, similar to the CSO, as demanded in Victim Support's report today?
The allegations being investigated by the Garda Commissioner through the chief superintendent are based on allegations made publicly in The Star and carried elsewhere. The chief superintendent will investigate the specific allegations relating to the district and I have said that the report will be made public.
And the time—
We will make the report public as soon as possible.
One year.
I can only operate on the basis of the allegations made. The Garda Commissioner is operating on the basis of allegations which have come to his notice and has asked the chief superintendent to examine them. Many believe there should be an independent overview of the Garda.
I am asking about statistics.
Some take the view that the compilation of Garda statistics should be taken over by the Central Statistics Office, but I suggest that the Garda is in a unique position to delve into crime statistics. They are available to the Garda, which detects crime and is charged with investigating crime. I do not believe any cause would be served by delegating the function to anybody else.
Is the Minister aware that, at the request of chief superintendent Feeley, I have passed on documents I received which suggested that crime figures in Waterford had been fudged for five years? Why is the investigation confined to one year, as stated in the Minister's reply today and in the Minister of State's reply last week? Will the Minister answer this simple question?
There is absolutely no prima facie evidence available to me to suggest that the figures have been falsified over a period of five years.
The Minister is not going to look.
The allegations I have—
The Minister will not investigate.
—heard relate to 14 offences in one district out of 107.
The cover note stated five years.
That is pathetic.
It must be clear to everybody that I cannot investigate every single district without even having prima facie evidence. That is absolute nonsense, as I could not do so in even one district.
That is a disgrace.
It might undermine the Minister's proclaimed success in the fight against crime.
Deputy Shatter, this is Deputy Howlin's question.
I understood he had finished.
We must move on to Question No. 3.
I am entitled to reflect on the Minister's responses.
Or non-responses.
3 Mr. Shatter asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the crime figures contained in the Garda annual report for 2000 are accurate; and if he will make a statement on the matter. [6154/02]
I would first like to state clearly and definitively that neither I nor my Department has a role in the compilation and validation of crime statistics, as published in Garda annual reports, including the 2000 report, the most recent in the series. The Garda Síochána changed the system of crime presentation in the year 2000 as part of the PULSE information technology project. Specifically, the changeover to the PULSE platform allowed the Garda to reorganise its crime classification system to more accurately reflect the complex modern criminal activities reported or known to the Garda Síochána.
The previous crime classifications and sub-categorisations, based essentially on the distinction between indictable and non-indictable offences, were quite old and increasingly unsuitable. There has been an unprecedented amount of change in criminal law in the last ten years, with new criminal offences being created by approximately 40 statutes in the 1990s. These legislative developments presented a significant challenge to the Garda Síochána in the presentation of crime statistics. The computer system in use prior to the introduction of PULSE was capable of counting these new and modified offences, but lacked the flexibility required to show them as separate entities in the crime statistics. For example, as separate heading for stalking and harassment offences could not be shown in previous annual reports, they were counted and shown as other indictable offences. PULSE proved a considerable improvement in this respect, and the new classification of headline offences contains ten subdivisions which offer a comprehensive description of modern criminal activity in a much more readily understandable form.
Certain examples illustrate the need for caution in comparing statistics generated by PULSE and previous crime statistics. Much has been made, for example, about the exclusion of criminal damage offences from the headline offence category. Such offences were previously categorised as indictable crime, but the conclusions drawn about the fact that they are now in the non-headline category are wide of the mark. The advice I have received from the Garda authorities is that, prior to the availability of the PULSE system, a significant percentage of criminal damage offences simply did not feature in the statistics. Had they been included, they would have been categorised as non-indictable. The argument, therefore, that 10,000 offences, a proportion of which would be criminal damage, have been moved from the headline to the non-headline offence category simply does not stand up to scrutiny.
Additional InformationIt should also be stated that crime counting rules have remained unchanged throughout the transition to PULSE. These rules are long established in Ireland and many European counties and relate to the manner in which members of the Garda Síochána count crimes. As an example of a crime counting rule, the so-called primary offence rule states that where two or more criminal offences are disclosed in a single episode, it is the primary criminal offence that is counted. For instance, in a single episode where a person commits a burglary and kills a person in the building, the episode counts as one murder in the crime statistics, even though details of the two offences are recorded. Changes in the compilation of crime statistics in the 2000 Garda annual report, therefore, primarily refer to the manner of pres entation of data, not to willed changes in recording practice.
I add that all Garda crime figures, prior to their publication, are subject to review and validation in accordance with internal Garda procedures. I am assured by the Garda authorities that the most recently published statistics, as contained in the Garda annual report for 2000, underwent this checking stage and there is no evidence available to me to call into question the overall accuracy of the Garda Commissioner's crime report for 2000.
Will the Minister surprise the House by answering the question he has been asked? Does he stand over the accuracy of the Garda crime statistics for the year 2000? Will he confirm to the House that he has relied on those statistics to proclaim his heroic status in the fight against crime? Does he consider the contents of the 2000 annual report to be comprehensive and accurate? Will he tell us the basis on which he has reason to believe that the practices that have come to public notice as applying to the collation of statistics in the south east, particularly Waterford, were not applied in the year 2000 in order to understate the crime statistics or overstate the success of detection? If the Minister does stand over the crime statistics, will he explain the reason a column of the 2000 report records that nobody committed for trial was still awaiting trial at the end of the year, despite the fact that there were thousands of such cases in previous years? Why were eight murders in Limerick said to have occurred in Galway? As there is a variety of other such inaccuracies, does the Minister stand over the annual report? If not, will he tell us what he intends to do about it?
I once knew a man who lost a bet—
Do we need to put up with this?
—and when the book was produced to prove this, he said the book was wrong. Deputy Shatter is clearly of the view that the book is wrong when it suits him to say so.
Does the Minister think there was not a single pending case at the end of 2000?
Please allow the Minister to conclude.
He is willing to rely on the Garda report—
This is slapstick and farce.
He is willing to rely on the Garda report—
This is back of the lorry stuff like one would see in Caherciveen.
Is there any—
It may go down well in a by-election in County Kerry.
This is a farce; back of the lorry stuff.
Is there any due process in this House, a Leas-Cheann Comhairle?
A melodeon player is all the Minister is short of.
Is there any due process in this House?
I ask Deputy Howlin to respect Standing Orders. This is Deputy Shatter's question. The Minister should be allowed to answer in silence, as Deputies were allowed put their questions in silence.
The truth can be hard to take. The Government has reduced crime by 27% since it came to office in 1997.
Violent crime is up by 130%.
Deputies Howlin and Shatter are quite willing to quote the Garda annual report when they talk about the increase in assaults on the streets.
We know there is more than that.
They told me that such assaults have increased by 131% and that is correct in relation to serious offences.
Publish the figures for 2001.
Does the Deputy know where that figure comes from? It comes from the Garda annual report, which he now seeks to say does not represent the accurate situation at all.
There were no prosecutions pending.
Please allow the Minister to conclude.
This is extraordinary.
The Deputies seem to think that the report is correct where it is disadvantageous to the case of the Garda, but do not trust it when the opposite situation occurs. They must realise that they cannot have it both ways.
There is something rotten about the way in which these figures are compiled.
The Deputy should not try to hoodwink people; he cannot have it both ways.
Will the Minister tell the House how many criminal prosecutions were pending in the courts in the year 2000? If there were no cases pending, as the 2000 Garda annual report states, will he clarify what happened? What happened in the context of the successful fight against crime if there was not a single outstanding prosecution at the end of 2000? If the report is wrong about that, will the Minister now accept that there is a need to revisit the manner in which the Garda compiles reports on crime figures?
I also read the Irish Examiner this morning and a very good newspaper it is.
I can hand the Minister the report.
It reported precisely what Deputy Shatter is saying. This report related to cases before the courts. No newspaper, media commentator or, until now, Member raised a question regarding the accuracy of the recorded crime statistics for 2000.
This question was tabled four days ago. We raised the matter last week when the Minister was in Spain.
The opposite is the case. Deputies Shatter and Howlin have quoted with authority from the Garda figures when discussing assaults on the streets.
The Minister is showing signs of panic.
Truth is beauty and beauty is truth.
