Dáil Éireann debate -
Thursday, 23 Jun 2005

Vol. 605 No. 1

Other Questions.

Prisons Building Programme.

David Stanton

Question:

6 Mr. Stanton asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 138 of 19 May 2005, when construction will begin on a new prison complex on Spike Island to replace the existing Cork Prison; his plans to have the bridge on Spike Island constructed before work on the prison begins; if planning permission is required to construct the new prison complex; if so, when it is intended to apply for such permission; the projected cost of constructing a new prison complex on Spike Island; the estimated cost of constructing a bridge to Spike Island; and if he will make a statement on the matter. [21529/05]

Mr. B. Lenihan

Officials from the Irish Prison Service, in conjunction with the Office of Public Works and professional advisers, are developing proposals for the construction of a new prison complex on Spike Island to replace the existing Cork Prison. The new facility will address the overcrowding and inadequate facilities associated with Cork Prison and will, in addition, offer significant improvements in the areas of work, training, education and medical services as well as providing predominantly single cell accommodation with in-cell sanitation facilities.

I am advised by the OPW that a number of technical issues require to be addressed prior to commencing detailed planning and construction of a bridge to Spike Island which will be required to facilitate both the construction of new prison development on the island and the subsequent efficient operation of the new prison facilities. As such, I am not at present in a position to indicate a start date for construction of the prison complex but the Minister would hope to be in a position to do so within the next few months. I understand that, as with other prison developments, the relevant statute is Part 9 of the Planning and Development Regulations 2001, SI 600 of 2001. I am not yet in a position to indicate a timescale for commencement of the planning process. The estimated cost of both projects will not be available until detailed designs are completed.

The Deputies will be interested to know that the Inspector of Prisons has referred specifically to the need to replace Mountjoy and Portlaoise Prisons in his second annual report and has similarly expressed the need to replace Cork Prison in his report on his visit to the institution.

Significant progress is being made in each case. Following conclusion of a recent tender competition, it is hoped that work will commence in the near future on the provision of new prisoner accommodation at Portlaoise Prison as the next phase of redevelopment works there.

Mr. Stanton

I thank the Minister of State for his response, although there was not much in it. Has the Minister of State ever visited Spike Island in his many welcome visits to east Cork? Has his boss, the Minister for Justice, Equality and Law Reform, ever visited the island to view the facilities? Is the Minister of State, or the Minister, aware of the significant heritage of the island? There was a monastery there, I am told, in the eight century and Spike Island has been compared to Alcatraz, Port Author and Robben Island in its tourism potential and attraction. Is it planned to build the prison inside or outside the present complex? Has an examination been made of the possible visual impact of the prison on other parts of the harbour? How much ground will be taken up by the prison? Is it the Minister's intention to apply for planning permission for the bridge and the prison complex at the same time? Is it not premature to build a bridge to the island if planning for the prison is not forthcoming? How many prisoners will be housed in the proposed new prison on the island?

Mr. B. Lenihan

It must be appreciated that there are approximately 100 acres on Spike Island.

Mr. Stanton

I know that.

Mr. B. Lenihan

I am familiar with Spike Island, but I cannot say whether the Minister has visited it.

Mr. Stanton

Has the Minister of State?

Mr. B. Lenihan

I have not visited the island, but I have looked at it from both sides of Cork harbour.

Mr. Stanton

The Minister of State should visit it.

Mr. B. Lenihan

The famous bridge that was to connect the island to Haulbowline was not completed. The island is less than 100 acres in size and I understand that subject to the planning procedures, it may be possible to utilise between 20 and 30 acres for the development. I am not in a position to give the Deputy exact figures on how many the centre will hold when constructed. Under the current legislation the centre is a place of detention rather than a prison, although that may change with the closure of Cork prison.

With regard to the environmental issues raised, the Department will prepare an environmental impact statement. Due to the unique nature of this project and its location, it is proposed to publish that statement for public comment and views. Fort Mitchel is a protected structure, famous in our history as the place of incarceration of John Mitchel and its subsequent use as a treaty fort and military installation. That status will be taken into account in any planning application. The Minister has been advised that any other difficulties — Deputy Stanton referred to an ancient monastic site on the island — can be addressed by sensitive architectural treatment and design.

Mr. F. McGrath

Are there any swans or snails there?

Mr. B. Lenihan

The director general of the Irish Prison Service travelled to Cork recently for discussions with the county manager about the development and I understand those talks were very positive and useful. The Minister appreciates the assistance of the local authorities on this project.

I understand the position with regard to the sequencing of the planning applications is that planning procedures may involve an environmental impact study and an application for a foreshore licence, as well as the Part 9 application. It is envisaged that this process will take approximately nine months to complete. I understand this will involve one application, but I cannot guarantee that because unforeseen difficulties may arise. The priority at this stage is to get the bridge constructed so that the connection point is available for future construction and eventual use at the installation.

Mr. Stanton

The Minister indicated previously that he plans to sign the contract for the bridge within the next 12 months. Is that still the intention? Will the whole project be brought to us as one, the prison and the bridge, rather than doing one and not the other?

Mr. B. Lenihan

The construction of the bridge, from commencement of detailed design through tendering and commissioning, will take between 18 months and two years to complete. This includes road links on the landing side. The substantive construction works on the island clearly cannot commence until that project is completed.

Mr. Costello

Has the entire project got Cabinet approval? Did the Minister for Justice, Equality and Law Reform close down Fort Mitchel as part of an ongoing industrial relations dispute with the Prison Officers Association, despite it being one of the more successful prisons in the system? Were most of the prisoners transferred to Cork prison, thereby doubling the numbers there and making it the most overcrowded prison in the country? Were prison officers and families scattered to the four winds when Fort Mitchel closed and are there plans to allow those families to return to their homes?

Mr. B. Lenihan

I am not in a position to deal with the bulk of Deputy Costello's questions because they do not arise from the reply I gave which relates to the development of a complex on Spike Island rather than the current arrangements with regard to the Prison Service. The Minister is a member of Government and makes his decisions with its authority.

Mr. Costello

One would wonder sometimes about that.

Crime Prevention.

Finian McGrath

Question:

7 Mr. F. McGrath asked the Minister for Justice, Equality and Law Reform the position regarding strategies to deal with the recent gangland murders in the State. [16882/05]

Mr. B. Lenihan

The legislative package already in place for tackling serious and organised crime, including drug trafficking, is recognised as being one of the toughest available to the forces of law and order on the European continental landmass.

As the Deputy will be aware, the Criminal Justice Bill 2004, which is currently at Second Stage in the House, provides for a comprehensive package of anti-crime measures that will enhance the powers of the Garda in the investigation and prosecution of offences. These include a general power with regard to search warrants, including a provision to allow a superintendent to issue an emergency search warrant in certain circumstances, increased detention powers of up to 24 hours for arrestable offences and a statutory power to preserve a crime scene.

In addition, Part 3 makes provision for the admissibility as evidence in court of statements by witnesses who subsequently refuse to testify or who retract their original statements. Furthermore, the Minister is considering bringing forward a number of amendments to the Bill, including a proposal to provide for criminal offences with regard to participation in a criminal organisation.

There is a particular overriding necessity, in view of the recent increase in violent crime involving firearms, to ensure that public safety and security are given priority in any review of policy and legislation on firearms. With this in mind, the Minister has decided to bring forward at an early stage certain proposals for inclusion in the Criminal Justice Bill. The Bill as published contains one of those proposals, to provide for the secure custody of firearms. The Minister proposes to increase the sentences for the more serious range of firearms offences, including the possibility of mandatory minimum sentences in some cases, as well as new offences of illegally modifying a firearm, for example, sawing off a shotgun barrel, and the imposition of severe penalties for this offence.

Operation Anvil launched in May this year by the Garda Síochána is one of the most intensive special policing operations ever undertaken in the State. It is intelligence-driven and is aimed at those involved in gun crime of any kind in the Dublin metropolitan region. This operation involves divisional uniform and detective patrols throughout the region, backed up by national units, overt and covert operations, mobile and foot patrols, random checkpoints at specific locations, searches, execution of warrants and the gathering and collation of high quality criminal intelligence.

Operation Anvil is intended to supplement existing operations to ensure that lawlessness does not prevail, that the threat these criminals pose is met sternly and effectively and, above all, that human life is respected.

Mr. F. McGrath

Does the Minister of State accept there is a major crisis with regard to gangland murders, particularly in Dublin? Nine people have been killed this year so far in gangland murders. Does the Minister of State agree that this figure is too high and unacceptable? Does he accept that life is cheap for some of the people involved in gangland murders? Many people thought things would change after the tragic murder of Veronica Guerin, but the same types of crime are still taking place.

Does the Minister of State accept that we need more young active gardaí involved, particularly in the drugs squad, and that we need a more focused response to drug dealers and gangland leaders? I welcome the Minister of State's comment that these operations should be intelligence-driven as this is the key to any strategy. Is the Minister of State amazed that many of our constituents can tell us the known locations of drug dealers operating in our constituencies and selling drugs openly and that our local communities are being intimated? What strategies are in place to deal with this kind of situation?

Does the Minister of State accept that our citizens demand action on these gangland murders, particularly the vicious, cold and horrific murders on our streets? It is all very well to respond rapidly to a particular crime but residents and constituents are asking Deputies whether the Government has any serious crime prevention strategies to deal with killers and murderers in a focussed manner. We need such strategies if we are to prevent murders rather than being obliged to preserve crime scenes after they have occurred. Many innocent people have been traumatised and intimidated by the criminal gangs that control estates and blocks of flats. It is horrific to have to live in such complexes after 9 p.m. I ask the Minister of State to make this matter an urgent priority in the coming weeks.

Mr. B. Lenihan

The Deputy has asked some interesting questions. It is important to realise that terms like "gangland killing" and "organised crime" are widely used by the media to refer to certain serious crimes, including unlawful killings of the kind to which the Deputy referred. The media also often suggests that the victims of such crimes were "known to the Garda". The Garda Síochána subjects all murders and violent crimes to detailed and thorough investigation, regardless of the terms used to classify such incidents in public commentary. Caution is necessary when ascribing a motive to a particular incident because this could potentially jeopardise the proper investigative and prosecution procedures which need to be followed by the Garda authorities. All criminal organisations have used violence and intimidation and will continue to do so. As Deputy Finian McGrath correctly stated, we need to put a strategy in place. Our citizens demand action in respect of matters of this nature.

Organised crime, which is not a new phenomenon, creates a climate of fear among the general public and among the criminals involved. There are potentially huge profits involved in organised crime and to these criminals, money is power. Many of them are prepared to take whatever action is deemed necessary to protect their positions, including resorting to violence and, in certain cases, committing murder. Killings within the criminal fraternity are usually well planned and conducted. By their nature, they are often more difficult to resolve than other forms of crime. There are often fewer evidential links to aid the Garda's investigations of such matters. I outlined the official strategy for dealing with these matters in my initial reply.

The Minister for Justice, Equality and Law Reform is in regular contact with the Garda Commissioner to ensure that all necessary steps are taken to combat serious crime. Like the Minister, I have met the Garda Commissioner and other senior Garda personnel on many occasions to discuss crimes which might be categorised as gangland or organised crime. The Commissioner is satisfied that the necessary operational and financial resources are being directed towards the containment and detection of such crimes. The Commissioner has assured me that no effort will be spared in the drive to solve such crimes and to bring those involved to justice.

The establishment and operation of the Criminal Assets Bureau is one of the major crime prevention strategies that has been adopted by the State. The bureau continues to enjoy considerable success in depriving persons engaged in criminal activity of the proceeds of such activity. The bureau's activities entail an element of prevention because the removal of the financial substratum of organised criminals leads to the elimination of their capacity to engage in crimes such as those to which Deputy Finian McGrath refers. I am sure the Deputy is aware that the remit of the bureau involves confiscating, freezing or seizing criminal assets, ensuring that criminal proceeds are subject to tax and investigation and determining the eligibility of claims for benefit or assistance under the social welfare code made by criminals or those suspected of criminal activity.

Since its statutory inception in October 1996 up to 31 December last, the Criminal Assets Bureau obtained interim and final restraint orders in the value of over €52 million and €23 million, respectively. In the same period, taxes and interest demanded were in excess of €81 million and over €72 million of this was collected. In addition, social welfare savings amounted to over €1.7 million. The Criminal Assets Bureau has enjoyed substantial success and its innovative approach is much admired in other jurisdictions.

Mr. Stanton

What does the Minister of State mean by the term "secure custody of firearms"? How many firearms are stolen in this country each year? How many of these are later used in the commission of criminal offences and murders? Has the Government considered an amnesty in respect of illegally-held firearms? Recent reports suggested that such a possibility is under consideration. Is that notion being examined or is it dead in the water?

Mr. B. Lenihan

I regret that I am not in a position to assist the Deputy in that regard. The Minister has indicated his intention to stiffen existing firearms legislation. I will draw his attention to the Deputy's suggestion that an amnesty be considered in that context.

Mr. Stanton

I did not suggest an amnesty; I merely asked whether it is being considered.

Mr. B. Lenihan

I am not in a position to deal with that.

Mr. J. O’Keeffe

I was interested by the Minister of State's comments about the Criminal Assets Bureau, the establishment of which was one of the outstanding successes of the rainbow Government. I have wondered for some time whether there is a case for extending the bureau's powers. Would the Minister of State support such an approach? Although the bureau has been successful, its powers may be limited in some ways. In light of its major success, the House should be prepared to consider any reasonable proposals for an increase in its powers.

Mr. B. Lenihan

Deputy Jim O'Keeffe is gilding the lily somewhat when he suggests that the establishment of the Criminal Assets Bureau was a major success of the rainbow Government. As I understand it, the Bill that led to the bureau's establishment was initiated by Deputy O'Donoghue when he was in opposition.

Mr. J. O’Keeffe

Oh God.

Mr. B. Lenihan

The then Government displayed a generous and constructive spirit by agreeing with the recommendation made by Fianna Fáil, which was then in opposition.

Mr. J. O’Keeffe

Mr. Barry Galvin was the author of that legislation. I do not want to hear the Minister of State's spin on the matter.

Mr. B. Lenihan

The drawing up of the legislation that established the Criminal Assets Bureau involved a detailed compromise of conflicting interests in the constitutional sense. It would not be easy to revise that sensitive legislation. I understand that the Department has just completed an exercise of revision of it.

Mr. J. O’Keeffe

Can the Minister of State outline the outcome of that exercise?

Mr. B. Lenihan

I refer to the revising legislation that was recently enacted by the House.

Mr. J. O’Keeffe

The legislation in question gave the Criminal Assets Bureau a minor increase in powers.

Garda Vetting Procedures.

Olwyn Enright

Question:

8 Ms Enright asked the Minister for Justice, Equality and Law Reform the resources available to the central vetting unit; and if he will make a statement on the matter. [21327/05]

Olwyn Enright

Question:

43 Ms Enright asked the Minister for Justice, Equality and Law Reform the progress being made regarding the expansion of vetting services in all relevant sectors; and if he will make a statement on the matter. [21328/05]

Mr. B. Lenihan

I propose to take Questions Nos. 8 and 43 together.

I am informed by the Garda authorities that the Garda central vetting unit comprises a Garda inspector, two Garda sergeants, a staff officer, eight clerical officers and three temporarily assigned clerical officers. The unit carries out criminal record vetting in respect of, among other things, prospective full-time employees of the Health Service Executive and certain agencies funded by the executive, as well as prospective child care workers on the equal opportunities child care schemes funded by the Department of Justice, Equality and Law Reform. The unit deals with approximately 100,000 vetting applications per annum.

The phased extension of the vetting arrangements to relevant sectors and groups involving substantial, unsupervised access to children and vulnerable adults is about to take place. A working group has been established to examine the practical issues relating to the extension of the vetting arrangements. The group's final report, which was submitted in March 2004, has been published in electronic form on the Department's website.

On the basis of the report, I announced that the vetting unit would be given additional staff resources to enable the Garda's vetting services to be extended. The process of increasing the unit's original staffing complement of 13 to 30 has begun. My announcement implemented one of the working group's key recommendations. Other practical recommendations are being implemented by an implementation group chaired by the Garda Síochána and comprising representatives of the Departments of Justice, Equality and Law Reform, Health and Children, Education and Science and Finance and the Office of the Attorney General. The chief executive of the Irish Society for the Prevention of Cruelty to Children, Mr. Paul Gilligan, is also a member of the implementation group.

The extension of the Garda central vetting unit's services will commence later this year as soon as the necessary practical arrangements are in place. These arrangements include those pertaining to the decentralisation of the unit to Thurles, County Tipperary, as part of the Government's decentralisation programme. The unit will be given new and modern office accommodation that is tailor-made for its needs. The phased expansion of vetting services will commence when the unit has been established in its decentralised location. Public announcements in this regard will be made in due course.

Irrespective of whatever additional arrangements that might be introduced in the future, vetting checks are not the only way to ensure the suitability of applicants for certain posts. There will continue to be a particular onus of care on employers to maintain good employment practice during the recruitment stage and in ensuring adequate supervision arrangements thereafter.

Mr. Stanton

Are there any plans to extend the scope of the Garda vetting unit to cater for people who work in schools as teachers' ancillary staff, those who work in youth clubs and youth facilities and individuals who work for sporting organisations? If so, can the Minister of State indicate the timescale for that extension? The Minister of State might also give us a comparison with vetting practice in the UK. If someone there is found unsuitable to work with children, is such advice passed on to the Irish authorities? If that advice comes regarding someone who has applied to work in a setting not covered in Ireland, can that kind of information be used here and what happens in that regard?

Mr. B. Lenihan

Regarding the Deputy's core question, the new vetting unit in Thurles will be made available to everyone who has substantial unsupervised access to children. That includes a great range of persons in the education sector. It also encompasses many of the voluntary bodies. It has been decided in principle in the Department that there will be no charge to volunteer groups for vetting they seek. We are considering a modest charge for other applications because the Department has found that some employers are inclined to submit far too many applications with regard to the number of posts being filled, and that is a substantial burden on the vetting unit. Many of the positions are of course State positions so it will be a matter of transfer between different State authorities.

The report also looked at the wider issues raised by Deputy Stanton and work on them is ongoing in the Department. The Minister for Justice, Equality and Law Reform and I are giving consideration to the introduction of legislation in this area in accordance with the recommendations of the report of the working group on Garda vetting, but it is not possible to give timeframes. The priority is to get the unit up and running in Thurles as quickly as possible.

Mr. J. O’Keeffe

What about notification from the UK?

Mr. B. Lenihan

That arises under the wider legislative issues but clearly the vetting we will do in Thurles, and which is already being done, is based on the Garda information base and not on the databases of other jurisdictions. However, there are arrangements in operation for the exchange of information with the United Kingdom on that database. I do not have the precise details.

Mr. J. O’Keeffe

I trust the Minister of State accepts this is an important issue, as we have had a number of paedophile refugees from the UK. We could certainly do with a warning system to ensure the Garda is notified. I am keen to have an assurance from the Minister of State that the system will be fully in place as soon as possible.

Mr. B. Lenihan

I would prefer if the Deputy tabled a separate question on that issue because I have not got the information at this point.

Garda Traffic Corps.

Catherine Murphy

Question:

9 Ms C. Murphy asked the Minister for Justice, Equality and Law Reform if the promised Garda traffic corps is intended to be additional to the 2,000 promised new gardaí; the way in which the additional gardaí will be factored into the equation of reducing the size of the public sector in accord with the Government’s intention; and if he will make a statement on the matter. [21322/05]

Mr. B. Lenihan

As the Deputy is aware, the Minister announced the establishment within the Garda Síochána of the traffic corps on 23 November 2004. The Government subsequently approved the appointment of Eddie Rock as assistant commissioner, with the Commissioner appointing him to take charge of the traffic corps. Never before has the enforcement of road traffic law been given this level of priority within the force. Assistant Commissioner Rock is a member of the top management team in the force and brings authority and visible leadership to the traffic corps from the outset. He has been tasked with implementing the recommendations contained in the Garda Strategic Review of Traffic Policing encompassing a number of resource areas, including human resources, transport and speed detection equipment. Implementation will be over a three and a half to four year period.

The Deputy will also be aware that the Government has approved the Minister's proposal to increase the strength of the Garda Síochána to 14,000 members on a phased basis in line with the commitment in An Agreed Programme for Government.

Mr. Costello

That is something of a dead duck.

Mr. J. O’Keeffe

The record is broken at this stage.

Mr. B. Lenihan

It follows that the planned reduction in public service numbers does not apply to the Garda Síochána. As each cycle of recruit training is completed, the Garda Commissioner will assign these new members to the areas of greatest need with particular regard to certain priorities, including the traffic corps. All personnel assigned to the new traffic corps will have completed the standard training programme.

I am informed that the strength of the Garda traffic corps over the next four years will rise as follows: to 563 in 2005, to 805 in 2006, to 1,030 in 2007 and to 1,200 in 2008. The assignment of 640 extra gardaí to the traffic corps over the next three years will be made possible through the increase of 2,000 in the force's overall numbers over the period. All gardaí have responsibility, inter alia, to enforce road traffic laws. Resources will be deployed in built-up areas, on non-urban regional and local roads, national roads and motorways, to achieve the six strategic objectives for road traffic policing identified in the Strategic Review of Traffic Policing.

Ms C. Murphy

I welcome the fact that the Garda does not fall under the public service employment embargo because I did not want to see an extra garda at the expense of a speech therapist, for example.

Looking at the figures for 2003, there were two Garda divisions where 84,000 speeding fines were applied, while the other four divisions accounted for 73,000 such fines. Accordingly there is a disproportionate application of speeding fines relative to the population. I asked if the traffic corps would be treated separately in order that the speeding fines would be applied evenly around the country. People often note for example that a Gatso camera van is frequently located at a particular place on the N4 where its task is like shooting fish in a barrel. It is very easy to collect fines in that way. If we are to have a traffic corps which will prevent road traffic accidents, it should look at the profiles of accidents around the country and apportion speeding fines on that basis rather than concentrating on areas where return can be reaped in terms of fines, which is what currently seems to happen. Is this how the traffic corps will operate?

Mr. B. Lenihan

The deployment of gardaí is a matter for the Commissioner and his staff, but I assure the Deputy that she is correct in assuming what will happen, and that there will be a benchmarking of accident locations and those prone to have greater numbers of accidents. In the location of the traffic corps personnel that benchmarking exercise will be taken into account.

Written Answers follow Adjournment Debate.