Vol. 649 No. 1
85 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the steps he proposes to take to address the ever increasing use of offensive weapons by criminals; and if he will make a statement on the matter. [9084/08]
The House will join me in offering heartfelt sympathies to the families of two Polish citizens who tragically died as a result of injuries they sustained in a serious attack with an offensive weapon in Drimnagh on 23 February last. A full-scale Garda investigation is under way. The Garda Síochána will, of course, spare no resources to bring about a successful outcome to the investigation. The House will understand that it would be inappropriate for me to comment further on the details of the investigation.
The number of deaths involving knives and similar weapons is a particular cause for concern. The number of murders involving stabbing doubled last year from 18 to 36. We have very strong penalties for offences involving knives. The Firearms and Offensive Weapons Act 1990 and the Offensive Weapons Order 1991, which control knives and offensive weapons, set out prohibitions on such weapons and severe penalties for breaking those prohibitions. The legislative provisions dealing with offensive weapons and any other measures which might be taken to counteract their availability and use are kept under constant review by my Department. At my request, the Garda Síochána is conducting a review of the provisions of the legislation in the context of the increased use of offensive weapons in assaults and murders. The purpose of the review is to identify aspects of the legislation that may require strengthening from an enforcement perspective. I understand the Commissioner intends to make a submission to me shortly.
All too often the use of offensive weapons is the end result of a pattern of anti-social behaviour or the excessive consumption of alcohol. One of the policing priorities I have set for the Garda Síochána for 2008 under the Garda Síochána Act 2005 is to combat, particularly in co-operation with other agencies and the community generally, public disorder, with particular emphasis on alcohol-related misbehaviour.
Issues of particular concern are the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and how alcohol products are sold in such outlets, including below cost selling and special promotions. I share the view that we have a problem with our patterns of drinking. It is clear this problem is adding to public disorder.
Additional information not given on the floor of the House.
Following the establishment of the Government alcohol advisory group at the beginning of the year, I have asked the group to examine urgently key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under-age alcohol consumption. I have asked the group to report to me by the end of this month. I intend to bring forward after Easter urgent proposals for changes in the law which, with the support of both Houses, I hope will be enacted and implemented before the summer recess. In parallel with this, work will continue on the drafting of a comprehensive Sale of Alcohol Bill, which is included in the Government legislative programme for 2008 and which will modernise and streamline the law in this area.
We have to continue to try to get the message across, to young people in particular, that carrying around knives is dangerous and wrong. One very effective way of addressing this is to introduce a long-term education and awareness raising programme aimed particularly at young people. As part of the policing plan for this year the Garda has decided to launch a publicity campaign aimed at discouraging people from carrying knives. This will be in addition to taking rigorous action under the criminal law against those found carrying them, and it follows from the policing priorities I determined for this year, which include targeting the use of knives for violent attacks.
The Government attaches the highest importance to tackling the use of illegal firearms and offensive weapons generally. The first of the priorities which I have determined for the Garda Síochána for 2008 is targeting gun crime and the illegal activities most closely associated with such crime.
I join the Minister in his words of sympathy to the families of those brutally murdered in the most recent tragedy on our streets. I put it to him that killings and stabbings with offensive weapons of varying degrees, as well as gangland killings with firearms, are evidence that criminals have absolutely no difficulty in acquiring such weapons for the use of lethal force. Will he undertake in the review an examination of the availability of lethal weapons over the counter? Some months ago I brought to the attention of the House the fact that samurai swords and other such implements were available for sale over the counter in retail outlets at a cost of approximately €50 or €60. What function does the Minister see for such swords other than inflicting serious injury and perhaps death? After I brought this matter to the attention of the Minister, there was an horrific case in west Finglas in which an individual had his arm sliced off with a samurai sword. The Minister must not only look at the use of such weapons in the context of firearms and offensive weapons legislation but also at the sale, importation and retail distribution of such implements. What steps does he propose to take to outlaw and ban such weapons?
The Deputy introduced in the course of his question the incidence of routine gangland murders involving the use of firearms. Whereas there was an increase in the number of homicides involving the use of knives last year, there was a decline in the number of gangland murders. The reason for this was the incessant activity of the Garda Síochána in connection with Operation Anvil. A careful examination of the statistics pertaining to the robbery of cash in transit vehicles demonstrates that there was a significant decline in the amount taken last year. That is the lifeblood of criminal gangs who wish to purchase firearms. I draw attention to this fact.
We have a very serious problem with regard to the use of knives and offensive weapons. In that context, it is worth noting that the investigation into the recent incident — the basis of the Deputy's question — has not been completed but on the evidence of one of the statements made to the Garda, the implement that may have been used was a screwdriver. It is not possible to regulate the sale, distribution and possession of screwdrivers. That is an illustration of the difficulty in strengthening the law.
The Deputy mentioned an incident involving the use of a samurai sword, which resulted in my asking the Commissioner to complete a review of the subject to see if the law could be strengthened in connection with the use of such an implement. I await the findings of that review which I understand from the Commissioner will be completed very soon.
The seriousness of this issue, involving the use on a daily basis of offensive and lethal weapons such as firearms, is not such that it can await further consultative reports and reviews. The issue is now so serious that immediate action is required. We hear on a regular basis that members of criminal gangs are in receipt of expert firearms training in Prague in the Czech Republic, where they can undergo such training without having to register or show a passport. The people in question can catch a aeroplane back and engage in the activity we see on a routine basis in gangland circles. What action has the Minister taken in conjunction with his European colleagues to deal with this matter? Does the Minister agree such behaviour is unacceptable?
With effect from 1 November 2006, there has been a mandatory minimum sentence of between five and ten years under the Criminal Justice Act 2006 for certain firearms offences, including possession of a firearm in suspicious circumstances, possession of a firearm with criminal intent, possession of a firearm with intent to endanger life or cause serious injury to property, possession of a firearm while hijacking a vehicle and the use or production of a firearm to resist arrest. There are very strict penalties for such offences. I will certainly raise the issue indicated by the Deputy with the corresponding Minister, the Minister for the Interior, in the Czech Republic. It was a tradition in many of the former Warsaw Pact countries to have a substantial number of citizens highly trained in the use of arms. That core and body of people do not need any fresh training.
86 Deputy Pat Rabbitte asked the Minister for Justice, Equality and Law Reform his views on the headline crime statistics for 2007, published by the Central Statistic Office on 28 January 2008, which showed an increase of 2% in the level of serious crime over the previous year and an increase of 6% in the final quarter and, in particular, the increase in the number of murders; the steps he will take to deal with the increase in crime; and if he will make a statement on the matter. [8997/08]
We must never lose sight of the fact that regardless of whether crime figures show a decrease or an increase, they represent victims and those close to them whose lives have been adversely affected by a criminal act. There was an increase in headline crime in 2007 of 1.7% but this must be seen against the background of the unprecedented rise taking place in our population. Taking this increase into account, the level of crime has reduced from 27.8 crimes per 1,000 population in 1996 to 26 in 2003 and 24.2 in 2007. I have been informed the overall Garda detection rate for headline offences for 2007 was 41%, up from 40.4% at the end of 2006. With regard to 2007, the increase in the number of homicides from 67 to 84 was a particular cause for concern. I have been informed by the Garda Commissioner that in 2007 the detection rate in the case of murder was 68% and in the case of manslaughter, 100%. I should note that the detection rate for crimes committed in a particular year, by its nature, increases over time as Garda investigations progress.
I commend the Garda for the fact that the number of murders involving the use of firearms which are predominantly gangland related was significantly reduced, from 26 in 2006 to 18 in 2007. The Government has no greater priority than bringing gangland killings to an end and to bring those involved in gangland activities to justice. In the last while we have seen a number of successful operations carried out by the Garda Síochána to deal with gangland crime and I am sure all Members of the House will join me in commending the force. Tragically, however, there was a doubling of the number of homicides involving stabbing, from 18 in 2006 to 36 in 2007.
The 2008 policing plan reflects the policing priorities which I have determined for this year. Among them is the targeting of the use of knives for violent attacks. The plan includes a commitment to a publicity campaign directed at this problem.
Additional information not given on the floor of the House.
Some killings stem from domestic violence. In response to this and the challenge posed by such violence, we have established the COSC — a new executive office within my Department — to give priority to the issue of domestic violence, with the particular objective of treating all instances of domestic violence as the appalling crimes they are.
I welcome the fact that there has been a substantial increase in the number of drug detections: an increase of 58.5% in the rate of detection of the cultivation, manufacture and importation of drugs and an increase of 19.7% in the rate of detection of the possession of drugs for sale or supply. Whereas the numbers of drugs detections add to the overall crime figures, in reality they represent the level of Garda activity and success in tackling the drugs menace and reflect a sustained and comprehensive set of Garda operations throughout the State. Some 0.7% of the 1.7% increase in headline crime in 2007 is accounted for by such drugs detections.
I am aware that complex issues surround the willingness of victims to report sexual offences but, nevertheless, I am pleased to note that the figures show a reduction in the overall number of sexual crimes, which is down 10.7%. The number of burglaries decreased by 5.4% in 2007, which represented 22% of all headline crime. Increases in the level of burglary, theft from shops and theft from MPVs largely account for the rise of 6% in total headline crime which took place during the fourth quarter of 2007. The Commissioner has informed me that strategies are being devised by assistant commissioners with the aim of taking immediate remedial action in these areas. I also welcome the continuing positive trend in the number of robberies of an establishment or institution, down 26.5%, for example, and robbery of cash or goods in transit, down 35% during the year.
I am determined to ensure the Garda Síochána is provided with the necessary personnel and equipment. For this year I secured a Garda budget of over €1.6 billion. This is an unprecedented investment in policing and represents an 11% increase on the budget for 2007. With regard to the number of members of the force, the Government commitment to increase Garda strength to 15,000 by 2010 remains on target.
Is it not a fact that the number of murders was up, according to the CSO, by 30% and the number of attempted murders by 61%? There are statistics, lies and damn lies.
The Minister stated properly that he wanted to extend his sympathy to the families and friends of the two young men murdered in the past ten days and I join him in so doing. He then proceeded to say, also properly, that it would not be appropriate for him to comment further. Is it not the case that he has elevated to the level of policy a virtue of not commenting, unlike his predecessor, whenever a tragedy such as this happens? Unfortunately, one happens every weekend. The Minister, however, does not comment. What has he to say to law-abiding citizens fearful for their personal safety because of gangs of teenagers congregating with menace and intimidating them with a garda nowhere to be seen or found? What kind of sickness is in our society when law-abiding citizens are fearful of these gangs of marauding teenagers who gather with menace outside off-licenses, etc?
What has the Minister to say to the parents of young people going out at night and who are fearful that they might accidentally become the next victim of such gangs of youths because they are in the wrong place at the wrong time?
Deputy Rabbitte began with homicide and I very fairly accepted there was an increase in the number of homicides last year but I pointed out that there was a reduction in the number of gangland homicides in which firearms were used. There was an overall increase in the homicide rate last year, as Deputy Rabbitte pointed out, and there are wider social trends in operation here. A substantial number of killings stem from domestic violence and that is why Cosc was established in my Department as an executive office, namely, to give greater priority to the issue of domestic violence.
Deputy Rabbitte then asked the obvious and salient question about commenting on current cases. I comment on criminal incidents in a general sense. However, I do not comment in detail on the facts of a case when charges have not even been preferred, as is the case in regard to the incident which happened in recent days in Drimnagh. I deplore the phenomenon Deputy Rabbitte outlined of marauding youths intimidating neighbours and residents lawfully going about their business.
We have allocated a very substantial budget to the Garda Síochána which stands at €1.6 billion this year. The attested strength of the Garda is 13,732 with a further 1,310 gardaí in student training, which is a record number. We are determined to ensure they are deployed to maximum effect in dealing with these gangs. There is a panoply of legislation in operation. I have established an alcohol advisory group which will report quickly and will result in legislation to introduce further curbs on the availability of alcohol which is a major factor in the public disorder to which Deputy Rabbitte referred.
Is it not the first duty of Government to ensure citizens feel safe walking the streets and in their homes? That is not the case at present. It is all very well for the Minister to say he condemns the public disorder but it is not very reassuring for parents who are concerned when their young son or daughter goes out at night whether they will come home without being the victim of an incident.
I am not asking the Minister to comment on a particular incident but I am saying to him that everybody except the Government knows this phenomenon of youths loitering with intent intimidating law-abiding citizens is everywhere in urban Ireland. There is a malaise in our society. That a person cannot even resort to a garda when circled by young thugs is the responsibility of the Minister. Despite the figures he quoted about the number of gardaí, there is no visible evidence of gardaí patrolling trouble spots such as this.
The gardaí are exceptionally visible on the ground and in recent weeks, I arranged for an allocation of further resources to ensure additional bicycles are provided to the Garda Síochána to maximise its visibility and presence on the ground in areas troubled in the manner Deputy Rabbitte described.
87 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform the changes he proposes to make to policy and procedure in view of recent reports in respect of the widespread availability of illegal drugs in prisons; and if he will make a statement on the matter. [9085/08]
Presumably, the Deputy is referring to recent reports regarding the number of prisoners testing positive for drugs in our prisons. In regard to the figures published, some of them relate to the use of drugs immediately prior to committal. The length of time prisoners were in custody before being tested was not recorded, so a precise breakdown of such cases cannot be given.
It should also be noted that the power to take random mandatory drug tests of prisoners only came into existence in October 2007 when the new prison rules came into operation. Prior to that date, drug testing had been primarily targeted at prisoners with a known history of drug misuse. The figures should not be seen as an indicator of drug misuse across the wider prisoner population.
Nevertheless, the level of positive tests among prisoners is a cause for serious concern. The policy and strategy of the Irish Prison Service to keep drugs out of prisons aims to eliminate the availability of illicit drugs within prisons with tighter control and monitoring of prisoner visits and committals in all closed prisons; greater use of screened visits; increased random searching of cells and their occupants; use of modern cameras and probe systems which assist in searching previously difficult areas such as hollow chair or bed legs, under floor boards and other cavities; use of phone detectors and phased installation of telephone blocking technology.
I would also like to advise the Deputy that a number of new security initiatives will shortly be introduced in all closed prisons. These include the establishment of a drug detection dog service within the Irish Prison Service involving 30 handling teams; and the establishment of an operational support group dedicated to developing expertise in searching and gathering intelligence on illicit material being hidden inside our prisons. They will be available in addition to the normal prison staff and can target specific security problem areas.
The physical design and urban setting of some of the State's older prisons, such as Mountjoy, does not assist in combating the inflow of drugs. The proposed new prison at Thornton Hall in County Dublin addresses this deficiency by the creation of a cordon sanitaire around it.
Drug treatment services to prisoners are also being significantly enhanced through the development of new services and programmes.
Additional information not given on the floor of the House.
These services are being delivered by the Irish Prison Service in partnership with community based services and contracted private services and supported by additional staffing for prison based drug treatment teams — for example, an addiction counselling service which is being provided by Merchants Quay is, in conjunction with other developments, delivering nearly 1,000 hours per week of prisoner access to addiction counselling.
There are also currently drug free units in Wheatfield Prison, St. Patrick's Institution, Castlerea Prison and Mountjoy Prison. There is a detox programme in operation in Mountjoy. Allied to this the training unit, Arbour Hill, Loughan House and Shelton Abbey are regarded as drug-free institutions. I am committed to ensuring that the Irish Prison Service continues to take all measures necessary to deal with this issue.
Notwithstanding the Minister's lengthy reply, I put it to him that this is one aspect of Government policy which has been a complete failure. Promise after promise by the Minister and his predecessor over the years that our prisons would be drug free ring hollow in the context of the recent figures. I put it to him also that security in our prisons in terms of access to them is in some way deficient having regard to the fact that in recent weeks, members of the public could freely walk into two different prisons. That is a further example of security in our prisons being less than satisfactory.
What is needed is airport-type security with screens, radar detectors and sniffer dogs to ensure we can bring an end to a situation where many prisoners have greater drug problems leaving prison than they have when they enter them. The Government's national drugs strategy's critical implementation path promised the appointment of an independent evaluator in 2007 but this has not yet taken place. When will such an appointment be made? Is the Minister satisfied there is sufficient security in our prisons because the present situation is totally unacceptable?
I assure Deputy Charles Flanagan that the dogs are on the way and the handlers are being trained. I am not aware of what promises I have made in this area but I very much believe in action. I will supply the Deputy with the information about the evaluator, but on my appointment I found I did not need an evaluator to tell me about the extent of this problem. I went to Government and got a decision to take a number of practical measures needed to address it. Those measures are now being implemented. I hope they will work given time. They involve much tighter control and monitoring of all prisoner visits in all closed prisons. Deputy Charles Flanagan and other Deputies will be aware this led to some industrial relations difficulties before Christmas but I am glad to say they have been resolved.
They also involve new visiting arrangements in most closed prisons with visitors required to be preapproved by the governor and required to prove identification on each visit; increased random searching of cells and their occupants; airport-type security to which Deputy Flanagan referred; the introduction of modern cameras and probe systems to search difficult areas; the introduction of enhanced security screening for all persons — visitors and staff — entering the prisons; the establishment of the drug detection dog service to which I referred; and the operational support unit which will operate outside the existing Prison Service staff, subject to a governor in each prison. It will operate as a separate intelligence unit, gathering information in this area and targeting those responsible for the illicit supply of drugs into prisons.
Does the Minister accept that the screening arrangements relating to visits are insufficient to counter the passing of illegal substances — namely, drugs — between visitors and prisoners? Will he consider introducing, in respect of certain visits, physical screens between prisoners and visitors? Having regard to the seriousness of this problem, perhaps consideration could be given to ensuring that prisoners dress in a form of clothing that does not contain pockets, pouches or other areas in which drugs may be secreted. It is entirely unsatisfactory that prisoners engaged in detoxification are not segregated from those who are freely taking drugs. This is part of the problem. There is an entire drugs underworld in our prisons that is not being dealt with in an adequate manner.
Enhanced security screening is part of the plan and it will be introduced in closed prisons to ensure that the easy passage of materials such as those under discussion ceases. On the matter of detoxification, not only in respect of those addicted to drugs but also for those addicted to alcohol, it is important — I have considered this matter in the context of Thornton Hall — to provide separate facilities for those affected in order that they can have a real opportunity to kick the habit while they are incarcerated.
88 Deputy Denis Naughten asked the Minister for Justice, Equality and Law Reform the steps which he is taking to expedite the current leave to remain applications; and if he will make a statement on the matter. [9235/08]
As the Deputy is probably aware, leave to remain in the State is predominantly sought by non-European economic area nationals who do not have a separate legal basis for being here. In the great majority of cases, applications of this nature are lodged by persons who have claimed asylum and who have had their applications finally rejected. They are also made by persons who have otherwise become illegal in the State through, for example, the expiration of a visitor visa or a work permit.
Applications for leave to remain in the State are founded on the provisions of section 3 of the Immigration Act 1999, as amended. Under these provisions, persons who have no legal basis for being in the State are afforded the following options: to leave the State voluntarily; to consent to deportation; or to submit, within a period of 15 working days, written representations to the Minister for Justice, Equality and Law Reform setting out the reasons they should be permitted to remain temporarily in the State. The majority of persons faced with these choices opt for the latter and submit, or have submitted on their behalf, written representations in support of their applications for permission to remain in the State.
As the Deputy will appreciate, all such applications must be considered on their individual merits. As provided for under section 3 of the Immigration Act 1999, as amended, a range of factors must be examined. The consideration of each application also involves an examination of the position of the applicant with regard to section 5 of the Refugee Act 1996, as amended, on the prohibition of refoulement.
The consideration of each application is a resource-intensive process for staff working in the Irish naturalisation and immigration service, INIS, of my Department, particularly when one considers that many applicants will, separately, have had asylum applications examined by the Office of the Refugee Applications Commissioner and the Refugee Appeals Tribunal and may also have submitted applications for subsidiary protection. The Deputy will appreciate that this multi-layered approach to bringing individual cases to finality is not resource efficient. That is why a single procedure is envisaged in the Immigration, Residence and Protection Bill 2008, which is currently before the House.
The sheer volume of such applications, and the reality that resources are not unlimited and must be prioritised, means that there will always be a backlog.
Additional information not given on the floor of the House.
However, the Deputy can rest assured that strenuous efforts have been and continue to be made to ensure that applications are processed as promptly as possible. Additional staff have been deployed to the area and considerable investment has been made in the development of technology required to support the processing of such applications.
The Deputy will appreciate that these efforts will enable the INIS, in the coming year, to make further significant progress in finalising leave to remain applications. I am satisfied also that the provisions set out in the Immigration, Residence and Protection Bill 2008 will greatly streamline the means by which applications of the nature referred to by the Deputy are processed to finality.
The vast majority of leave to remain applicants are either failed asylum seekers or have appeals that are ongoing. Is it not extremely questionable that people are obliged to wait, literally for years, in asylum accommodation centres? These individuals have nothing to do all day and this is costing millions of euro in taxpayers' money. In some cases, it takes up to seven years before a decision is made on a leave to remain application. Is that an appropriate system?
What specific steps does the Minister intend to take in order to address the problems that exist? While the system may be resource intensive, it is also creating additional pressures in the context of the cost of accommodation, etc. Is it not the case that by putting in place investment to allow those responsible to deal expeditiously with applications, we would save money in the long term?
I completely agree with the Deputy. That is why the Immigration, Residence and Protection Bill is before the House. The only way to deal with this matter is to put in place a single procedure in respect of applications of this nature. That is why it is of great importance that the legislation should be enacted as soon as possible.
It is regrettable that many persons are obliged to live in refugee accommodation for substantial periods. However, in addition to the three stages I outlined in my initial reply, there is also a constant recourse to the courts by way of proceedings for judicial review to impugn decisions that are taken in this multi-layered administrative process. If, at the end of the process, a person has exhausted his or her entitlements under the different statutory provisions and I decide, in the exercise of my discretion, that it is appropriate to make a deportation order, that, in turn, is often impugned before the courts. The new legislation will address many of these issues and will allow us to proceed on the basis of a rapid turnaround in respect of cases of this nature, which is what is required.
In the context of saving taxpayers' money in respect of the cost of accommodation, what is being done to deal expeditiously with those applications that are on hand while the Houses deal with the legislation? What will happen to existing applications when that legislation is enacted? It will not be possible to consider the various facets because they will already have been dealt with by parts of the system. The reason many of these cases come before the courts is that, as highlighted by the Supreme Court, we do not have a clear and transparent system in respect of the Refugee Appeals Tribunal.
Some 49 staff members are involved in examining applications for permission to remain in the State and for subsidiary protection. I am not aware of any comments made by the Supreme Court in respect of the Refugee Appeals Tribunal. The debate on the legislation before the House will give us the opportunity to consider the tribunal, which will become the protection tribunal, and how it can be established in a way that ensures consistency, clarity and protection of both the public interest and of the interests of those who are genuine asylum seekers.
What about existing applications?
We must proceed to the next question.
89 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform if he is satisfied that all appropriate measures are being taken to deal with widespread anti-social behaviour in communities; and if he will make a statement on the matter. [9277/08]
Under the Garda Síochána Act 2005, it is open to me to set policing priorities for the Garda Síochána. One of the priorities I have set for 2008 is to combat, particularly in co-operation with other agencies and the community generally, the problems of public disorder. I specified that there should be particular emphasis on alcohol related behaviour, including under age drinking, and socially disadvantaged communities.
Strong provisions are already in place to combat anti-social behaviour. The Criminal Justice (Public Order) Act 1994 modernised the law in this regard. Furthermore, the Intoxicating Liquor Act 2003 contains provisions to deal with alcohol abuse and its effect on public order. In particular, it provides the Garda with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking.
I share the view, however, that we have a problem with our patterns of drinking in this country. It is clear that this problem is adding to public disorder. I have asked the Government alcohol advisory group, which was established at the beginning of the year, to urgently examine key aspects of the law governing the sale and consumption of alcohol, including those directed towards combating excessive and under age alcohol consumption. I have asked it to report to me by the end of this month.
The Criminal Justice Act 2006 enacted provisions to combat anti-social behaviour by adults and children. These set out an incremental procedure for addressing anti-social behaviour by adults and children. A significant number of behaviour warnings have been issued under the legislation — 445 behaviour warnings to adults up to the end of January and 131 to children.
In addition to the criminal law, there is a range of initiatives in place to get at the root causes of this type of behaviour. The Garda juvenile diversion programme has proved highly successful in diverting young persons away from crime by offering guidance and support to juveniles and their families. Under the provisions of the Children Act 2001, the programme has a statutory basis.
Garda youth diversion projects are community-based, multi-agency crime prevention initiatives which seek to divert young people from becoming involved, or further involved, in anti-social or criminal behaviour. There are 100 projects operating throughout the country and it is intended to establish a further 68 projects in the lifetime of this Government, bringing the total number of projects to 168 nationwide.
Additional information not given on the floor of the House.
More broadly, a number of reforms have taken place in recent years to bring about a more effective youth justice system and these have been enshrined in legislation in the Children Act 2001, as amended. The Act is based on the principles of diversion from crime and anti-social behaviour, restorative justice, the expanded use of community-based sanctions and measures by the courts.
The Garda Síochána Act 2005 provides for the establishment of a joint policing committee in each local authority administrative area. The purpose of these committees is to provide a forum where members of a local authority and senior Garda officers, with the participation of Oireachtas Members and community interests, can consult, discuss and make recommendations on matters affecting the policing of the area. Issues of public disorder will be high on the agenda of such committees. There are 29 committees in operation in a pilot phase to gain experience rolling the committees out to all local authority areas in the State. In general, the outcome to date has been positive and the committees are meeting definite local needs.
Following a consultation seminar last November, work is under way on revising the guidelines under which the committee operates in the light of the experience gained to date. Following consultation with my ministerial colleagues, I intend to issue revised guidelines to enable the roll-out of the committees to take place as soon as possible, which I envisage will be in the middle of this year.
The most urgent project for the Minister to consider is adequate policing in the area. The Minister is aware that the recent horrific murders in Drimnagh prompted the community to say that there was a perceived lack of community gardaí in the vicinity. Had they been in the area the type of problem that faced the people of Drimnagh may not have occurred.
What is happening in regard to the rolling out of the 2008 national scheme for community gardaí that the Minister has promised numerous times? What does the Minister mean by community policing? Does he mean a garda working and living in the community and that there would be appropriate incentives for the garda to live in the community rather than drive in every morning and home in the afternoon? Would the Minister consider Fine Gael's proposal that there be a specific grade of garda, the community garda, whose job would be to police the area in conjunction with the community and who would be charged with the task of building the community's confidence and trust in the Garda Síochána? Why is progress on this matter so slow that only 4% of target areas have been included?
What is the problem with anti-social behaviour orders, ASBOs? Is the Garda Síochána reluctant to engage in the kind of policing that can give rise to an anti-social behaviour order? Why have only one or two been granted since the scheme was initiated over a year ago?
The Commissioner visited Drimnagh and was satisfied that there was an adequate number of community gardaí on duty in that area. They represent 4.6% of the total strength of the force and the total number of personnel attached to community policing is 630. Those gardaí perform the duties as defined by Deputy Charles Flanagan, but, in a sense, every garda is a community garda, coming into contact with the community in his or her district in many different ways and ensuring the prevention of crime and the protection of neighbourhoods. That is fundamental. Community policing involves more than a single unit within the Garda Síochána. All gardaí have a role to play in addressing community policing issues.
I agree with the view of the Garda inspectorate, expressed in a recent report, that community policing is a fundamental policing philosophy and that there is a strong foundation for it in Ireland. A review of community policing is under way but community policing is not confined to community policemen.
Many anti-social behaviour orders have been issued. Much of the more serious anti-social activity already falls within the rubric of a defined criminal offence and can be dealt with under the public order legislation, as required. The graduated approach envisaged in the legislation is the right one and gives the gardaí an opportunity to ratchet up the pressure to conform on the person who is responsible for anti-social behaviour.
The time for Priority Questions has expired. We must, therefore, take Questions Nos. 90 to 92, inclusive, in ordinary time.
