Vol. 662 No. 3
6 Deputy Joe McHugh asked the Minister for Justice, Equality and Law Reform his views on the absence of adequate storage facilities for sensitive evidence in Garda stations; and if he will make a statement on the matter. [32800/08]
I have been advised by the Garda authorities there is a property store in each Garda district for the purpose of storing both property coming into the possession of the Garda Síochána and court exhibits. I am further advised that a new property and exhibits management system is being introduced in the Garda Síochána. The purpose of the system is to establish a property store in each Garda division with enhanced facilities to manage all property coming into the possession of the Garda Síochána in that division, with a small number of very specific exceptions, which may be required to be retained securely at local Garda stations.
The system is being introduced on a phased basis, with two pilot locations at Store Street and Athlone Garda stations now fully operational. The system is being extended with a new divisional store recently operational in Waterford for the Waterford-Kilkenny division and a further four locations are planned to be completed by the end of this year. The implementation is being overseen by a Garda implementation group.
Further locations are planned subject to the availability of resources and as suitable locations become available for use. In the interim, property coming into the possession of the Garda Síochána will continue to be handled in the manner prescribed in Garda procedures, which is subject to audit and inspection.
Does the Minister accept newspaper reports from the early summer which claimed key evidence in murder trials was left piled on top of lockers in Garda stations because of the absence of secure units? This is wholly unacceptable for the criminal justice system. Is the Minister confirming that the divisional property stores are still confined to the two pilot project locations? If that is the case, it records no improvement since earlier this year. What is the target for the development of such a store in each Garda division. It is not sufficient to have two pilot projects. Is there an insurance for the criminal justice system that there will be secure and fire-proof Garda divisional property units?
I already stated there is a property store in each Garda district for the purpose of storing property required for court exhibits or property that comes into the possession of the Garda. It has been decided to roll out a property-exhibit management system in order to, if necessary at times, centralise the holding in the division rather than the district. There is no sense as to why items would be kept on top of filing cabinets because in each Garda district there is a property store. The Garda is moving to introduce a more modern system which complies with best international practice. Gardaí, as part of their training and as a result of recent significant court cases, have a duty to retain items as court exhibits. They have the facilities with a property store in each Garda district.
Is the Minister denying the published newspaper reports to which Deputy Charles Flanagan referred on the contamination of forensic evidence and exhibits being carelessly stored on top of filing cabinets? If the Minister is denying these reports, that is fine as it is consistent with his answer. I come into the House on the basis of believing what the Minister tells me in the House. How can I reconcile what the Minister has just said and what I read and was not denied in a newspaper report? In the time of Sherlock Holmes care would be taken that forensic evidence would be protected from contamination. The fact that this is not happening has been alleged by a serious newspaper writer and not contradicted.
I cannot guarantee that items are not in some way damaged or lost. It comes back to human nature. We must, however, give the Garda credit for the measures it has taken. It is not satisfied with the existing system and is trying to make it better by putting in a fully automated and computerised system. It will allow the Garda to have a database to track from a divisional point of view exhibits held in various locations. I am not claiming the Deputy is criticising but there will be incidents through human error and some neglect where difficulties could arise. The Garda has been given the resources to put this new management system into place as much as is humanly possible so that court exhibits are kept safely.
It is neither feasible nor fair of the Minister to put the entire onus of this matter on the Garda Síochána when he speaks of proposed improvements. He knows Garda improvements are dependent on Garda resources which, in turn, are dependent on the Minister and the manner in which he makes them available. With the economic downturn, will the Minister confirm the €260 million promised for new and upgraded Garda stations will not be adversely affected?
The aim of the property management system is to establish a property store in every Garda division which will manage all property coming into the possession of the Garda Síochána in that division. With the exception of a small number of specific items, property coming into Garda possession will be retained at the appropriate divisional property store. This is in order to centralise it and allow the Garda to track the exhibits at divisional level. A computerised system is being put in place to automate the tracking of evidence.
I am not abdicating responsibility. The Government has provided the Garda with the resources to put the system in the place. That is my responsibility. The running of that management system is a matter for the Garda.
I hope it will not be like PPARS.
7 Deputy Billy Timmins asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the problem of Internet gambling; his plans to deal with this issue; and if he will make a statement on the matter. [32772/08]
I published the report, Regulating Gaming in Ireland, on 10 July last. The report makes some 32 recommendations that have significant public policy implications regarding the future architecture of many aspects of gaming and betting in Ireland, including the subject matter of the Deputy's question.
Among the issues dealt with in this report is the issue of remote gaming. The report notes that remote gaming — which includes but is not restricted to Internet gambling — is the fastest growing sector of the world gambling industry. It also notes the issues pertaining to remote gaming, while thematically similar to those related to terrestrial gaming, are far more complex and difficult to contain.
No reliable data is available in this jurisdiction on the prevalence of Internet gambling. Data from the UK, for example, from the British Gambling Prevalence Survey 2007, suggest approximately 6% of the UK's adult population used the Internet to gamble in the past year.
Anyone in Ireland with access to the Internet can participate in remote gaming and the report says that in this situation, any regulation of this area will have the effect of reducing existing opportunities for on-line gaming with consequential positive social effects. Given the international dimension to remote gaming, technological advances and convergence of technologies, for example gaming available over mobile phones, and different jurisdictional approaches to its regulation, the report took the view that the appropriate questions to be asked are how can this activity be properly regulated and what will be the consequences of doing so.
On the publication of the report, I said we need to get matters right with our gaming and betting codes. In particular, I want to ensure that betting and gaming activities are carried out within a responsible framework that recognises the reality of these activities, but which ensures they are properly managed, particularly as regards problem gamblers.
Besides the issue of on-line and remote betting and gaming, there are other significant issues associated with gaming, such as the proliferation of private members' clubs offering a casino-style experience. Taken together, I consider the complexity of these issues requires further detailed analysis before the Government is asked to make a formal decision on introducing any significant changes to the regulatory regime in the gaming and betting area.
Additional information not given on the floor of the House.
I therefore published the report with the intention of setting up an informal cross-party committee which is to be asked to examine all aspects of gaming in Ireland, including the issue of Internet gambling. In my answer to Parliamentary Question No. 932 of Wednesday, 24 September last, I set out the terms of reference of the cross-party committee. I believe that the establishment of the informal committee represents the best opportunity for identifying options for consideration by the Government on the many complex inter-related issues in this area. It is an approach that offers the best guarantee that the interests of all elements in our society are taken into account from the beginning in an area of important public policy. I look forward to completing the establishment of the committee now that the House has resumed and to receiving the advice of the committee in due course.
Although the Minister has published a report, when will he tackle Internet gambling? Is the Minister aware of the extent of Internet gambling? As I am a bit younger than the Minister, I know that the number of young men participating in Internet gambling is astonishing. It is being carried out in the privacy of homes and even work. The Minister needs to deal with it.
In 2006 the UK regulated Internet gambling while the US banned it. In the past few months Internet gambling has been advertised on Irish television. The longer the Minister considers what he will do on the matter, the greater influence it will have in the gambling world. When will he regulate or ban Internet gambling?
I do not believe I can completely ban Internet gambling because it is an international phenomenon across the Internet. We have not been able to ban pornographic material across the Internet. Try as we might at national, EU and international level, it simply has not been possible. While the Deputy claims the UK and US have taken action, Internet gambling is still going on in those countries. This is an issue we must examine which is why, although this excellent report is available, I have asked all the political parties to participate in this committee to come up with recommendations on an agreed basis. The Government will act on the basis of the report of the committee.
Last week, I was in Cork speaking to a conference which happened to coincide with a conference on gambling. I was surprised to learn from participants that the Minister's officials were telling all and sundry that I was responsible for the Minister not introducing legislation. Like the Minister, I have been in the House for a while and I did not appreciate my power. I am sorry I have not exercised it more frequently. I did not know I could hold up the Minister introducing a Bill. I might not agree with such a Bill but I am completely puzzled as to how I am holding up the Minister introducing it. I am surprised the Minister's officials decided to weigh into the political argument.
Honestly, I do not know to what the Deputy is referring. I agreed with the approach taken by my predecessor and I published the report shortly after I came into office. In recent days, I wrote to the Chief Whip, Deputy Kenny, the leader of the Labour Party and others to invite them to participate in this committee which I hope in a relatively short space of time will come forward with an agreed view on the issues. Perhaps they will not be able to agree on some of the issues. This is not holding up the legislation.
I accept this is an area where the most recent legislation is from 1956. It behoves the Oireachtas as a group to try to regulate this area where significant changes have occurred for which we have not legislated. To a certain extent, we have tended to veer away from them because they are difficult issues in the context of dealing with gaming, gambling, betting, horse racing and all of the other ways in which betting takes place. We should move on it.
The Garda Síochána is working under old legislation with regard to casino-type operations. To the best of my recollection, it is fair to state that all of the new casino-type places have been visited by gardaí but, as of yet, they have not come across anything which warrants prosecution under the existing legislation. The Deputies will accept that the existing legislation is many years old and we need to introduce new legislation to regulate this area.
It is unacceptable for the Minister to hide behind the absence of an all-party Dáil committee on this issue. Urgent action is needed. The Minister stated he does not have figures with regard to gambling in Ireland. Will he accept what was stated by Betfair, one of the busiest Internet gambling companies, that Ireland is the third largest market in the world for Internet gambling?
Will the Minister examine what steps he and the Government can take urgently to ensure there is an age barrier on Internet gambling and that persons engaged in this type of activity are not below the age of 18 or 16? It is possible to regulate Internet gambling with regard to age and introduce a barrier blocking mechanism but the Minister has not done so.
It is highly unusual for a Minister to state that as an Oireachtas we have failed to do "X" and "Y". We elect a Government which sponsors legislation. For the record, I am in favour of regulating the casino industry and I am opposed to fixed odds betting terminals, FOBTs, going into bookies' shops. I am ready to debate any Bill the Minister wants to introduce. I understand the Minister agrees with me that FOBTs should not be permitted in bookies' shops. If we are agreed, why can we not introduce a Bill?
To answer Deputy Flanagan, I am not hiding behind a cross-party committee and in fact some members of Deputy Flanagan's party are exhorting me to get on with establishing the committee. The delay with this committee is due to Labour Party objections on the inclusion of FOBTs which formed part of Deputy Rabbitte's question. However, some of Deputy Flanagan's party colleagues, no later than last night during our late night session, were exhorting me to get on with establishing the committee and I want to do so.
This is the first time since the Minister took office that he has sought any form of consensus. It does not suit him.
It has been the position of Governments of every hue for the past number of decades to shy away from this issue. If my memory serves me correctly, when Deputy Flanagan's party was in government, it tabled proposals in the area and ultimately shied away from it. I may be wrong.
That was a generation ago. This is a history lesson.
With regard to FOBTs, I will bow to the superior knowledge of people such as Deputy Rabbitte on these issues. I see Deputy Rabbitte is participating in a major conference on this issue.
It is still Deputy Rabbitte's fault.
I will treat the Minister more generously in his absence than he treated me.
I have declined to do so because as far as I am concerned I will not participate with organisations who want FOBTs issued. I will state publicly that, from what I have heard about FOBTs, I would not countenance them, but they should not be excluded from examination by the cross-party committee just because Deputy Rabbitte says so.
The stakes are high if this Minister is looking for consensus.
There must be a lot of money in it for somebody.
8 Deputy Kathleen Lynch asked the Minister for Justice, Equality and Law Reform the latest position in regard to Garda Operation Trace into the disappearance of six women in the Leinster area who are feared to have been murdered; his views on the progress made by the Garda investigation; and if he will make a statement on the matter. [32843/08]
Operation Trace was established in October 1998. The original objectives of the investigation team under this operation were to trace, review and collate all evidence pertaining to the separate Garda investigations into the tragic disappearance of six women in the Leinster area. Subsequently, the investigations into the disappearance of three other missing women were also reviewed.
Operation Trace, in conjunction with the Garda district officer in the area where persons have gone missing, continues to take a proactive role in the investigations of the disappearance of these women. In particular, information and intelligence relevant to the operation continues to be collated and integrated into a dedicated stand-alone database maintained for the purpose of the operation. A detective superintendent retains operational responsibility to ensure that all information and queries received are identified, registered and acted upon. The detective superintendent also ensures that liaison is maintained with the families of these missing women, to ensure that they are kept apprised of any progress or developments arising from information received or lines of inquiry being pursued. Operation Trace will continue its role of collating, reviewing and examining all evidence based on inquiries and investigations conducted under the direction of the respective district officers.
An Garda Síochána has devoted significant resources, time and investigative skill to the investigation of these disappearances. Over time the cases have been subject to numerous reviews to ensure that the Garda maximises any new investigative opportunities and employs the most up-to-date techniques and methods in line with best international practice. I know all Members will share my hope that these cases will be resolved.
I do share the Minister's hope. These are tragic cases and I must confess I do not know too much about them other than what I read in newspapers. This question was tabled because a colleague of the Minister, a Minister of State, was quoted in three different newspapers as stating what has gone on is nothing short of a national disgrace. He accuses the Garda of sticking their heads in the sand when it comes to missing people.
According to a headline, a Minister stated the searches were bungled and there is elaborate commentary from the Minister of State, Deputy John McGuinness. Does the Minister for Justice, Equality and Law Reform agree with his colleague?
No, I do not agree with my colleague. I have spoken to the Garda Commissioner on many occasions with regard to this matter. I accept the Minister of State, Deputy McGuinness, has particular constituency interests with regard to this issue. It is difficult, particularly the case in which he has been involved. I have been assured by the Garda Commissioner that extensive work continues with regard to these cases. I have asked the Garda Síochána Inspectorate, which is independent of the Garda Síochána, to examine whether a dedicated unit for missing persons should be established and whether a system similar to Amber Alert in the United States should be put in place. I am awaiting its response on that. Having spoken to the Garda Commissioner, I am very happy that he and his staff have devoted significant resources to the investigation of these issues.
It is interesting that in 2006, 6,811 people were reported to the Garda as being missing, of whom 109 are still untraced. In 2007, there was a significant increase in that there were 7,992 designated as missing, of whom 98 are missing to date. When a person is reported missing, the Garda has a unit that alerts all Garda stations. The Garda press office is very active in trying to feed information to the media. The Garda superintendent for the area involved is the person responsible for running the investigation and he must work with gardaí nationally, Interpol, Europol and the UK authorities, with whom they have many connections in respect of these issues. I very much concur with the Deputy and have spoken to the Garda Commissioner on this matter on a number of occasions.
I welcome the fact that the Minister has moved to distance himself from the comments made by his Government colleague, the Minister of State at the Department of Enterprise, Trade and Employment, Deputy McGuinness, in another outburst of some importance.
The Minister, Deputy Dermot Ahern, should proceed with the setting up of a stand-alone missing persons unit, which has proved successful in other jurisdictions. On what the Minister said about international best practice and international co-operation, will he suggest to the Garda Commissioner that the assistance and involvement of psychic detectives from Great Britain might be useful in the circumstances of Operation Trace? Will he explore this possibility at the next meeting?
I do not accept what the Minister of State, Deputy McGuinness, said on the investigation of the incidents because I have taken the time to talk to the Garda Commissioner thereon. To be fair to Deputy McGuinness, like any other Deputy with such a case in his constituency, he is extremely worried that the person responsible for the heinous crime has not been brought to justice. This has been the case despite the best efforts of the Garda.
Do we know it is one person?
People such as the Deputies are trying to make political points in respect of the case.
Worry does not excuse an outburst.
The Garda Commissioner, to whom I have spoken on a number of occasions regarding this case, is satisfied that the existing Garda system is absolutely in accordance with best international practice. However, on foot of the constant calls to have a dedicated missing persons unit, I have asked the Garda Síochána Inspectorate to consider the idea. I will not prejudge what it will say despite the Deputies' exhortations.
The question relates to six women who have been murdered. The cases remain unsolved and it is unfair of the Minister to state anyone is trying to make political points. As far as I am concerned, the Garda is doing its best to solve the murders. I am drawing attention to the widespread press coverage of the Minister of State, Deputy John McGuinness, who went into elaborate detail on why he believes the investigation is a national disgrace and that the searches were bungled. Is the Minister challenging the right of a member of the Opposition to table a question on a matter so serious for the families concerned? When the Minister tells me he is satisfied the Garda is doing everything it can to resolve the problem, I am prepared to accept that.
To demonstrate the bona fides of the Garda on these issues, the Garda Commissioner recently set up a Garda serious crime review team, managed by a detective superintendent, who assists senior investigating officers in the investigation of serious crimes, by identifying new and potential investigative opportunities and international practices, and disseminating information and looking back on good practice. This is part of the overall review of old cases.
The Minister of State, Deputy McGuinness, has a particular issue in respect of a constituent and it is a little unfair for Deputy Rabbitte to draw attention to his comments in the first points of his question.
That is why I tabled the question.
To be fair, he has an issue because the matter relates to a constituent and there is still a perpetrator at large.
Can I make wild allegations because a constituent is upset?
9 Deputy Frank Feighan asked the Minister for Justice, Equality and Law Reform if he is satisfied that the €400,000 spent on Garda overtime arising from a feud in Waterford city represents the best approach to dealing with the issue; his views on whether the State can take other steps to address the feud in question; and if he will make a statement on the matter. [32787/08]
The nature of Garda work and the requirement that the Garda Síochána respond at short notice to unforeseen circumstances means that some overtime expenditure is sometimes unavoidable for the purpose of effective policing. The objective of Garda overtime is to allow the force flexibility in responding to circumstances that require personnel resources over and above those planned.
The detailed allocation of resources, including the allowance of overtime, is a matter for the Garda Commissioner to decide in accordance with identified operational requirements. I am informed that a business case is being prepared by local Garda management for the assignment of additional gardaí, thereby reducing reliance on overtime and regional support.
I am advised that the continuation of the ongoing security operation and policing measures in place in Waterford city is necessary to ensure the security and safety of the local and business communities. The primary focus of this operation is the disruption of serious and organised criminal activity, and it has resulted in a number of arrests and seizures of weapons.
The policing and public safety challenge posed by the ongoing incidents referred to has not been encountered previously in the Waterford-Kilkenny Garda division. Garda management is confident that, with the support and co-operation of the community and the resources at its disposal, it will ensure the security and safety of the local community. I call on those involved in this illegal and reckless behaviour to cease it immediately, and I call on all who can assist in bringing it to an end to contact the Garda with whatever information or other assistance they may be in a position to offer.
It is with some reluctance that I raise this issue, which is occurring in a town some distance from my constituency, but I raise it because of its seriousness. It is totally unacceptable that, in a very small area of Waterford city in recent times, 14 houses have been burnt down, two children have been shot and injured and a large cache of weapons has been uncovered and seized. People are living in fear and Army bomb disposal teams have been called on a fairly regular basis. Circumstances are totally out of hand in Waterford city.
I acknowledge the role of the Garda, to which great credit is due, but 13,000 man hours have been devoted to the problem in recent times. What is the Minister doing with other Departments, particularly the Department of the Environment, Heritage and Local Government, to address the underlying feud in Waterford? What has the Department of Justice, Equality and Law Reform done recently other than allow the Garda sole jurisdiction in dealing with this matter? Is there a role for mediation or agencies other than the Garda? These circumstances are utterly unacceptable and must be dealt with because of the fear in the community of the lawlessness and dangerous behaviour.
I understand there were efforts at mediation locally and that a number of agencies had been involved in this regard, including the Garda. The initiatives were supported by Waterford City Council, Pavee Point, the Irish Traveller Movement, Waterford Traveller CDP and a number of other people. An independent freelance consultant mediator was appointed, but despite this the Garda had to do its duty. It did require significant resources, as the Deputy rightly acknowledged.
The Garda Commissioner is to appear before the Committee of Public Accounts next week and perhaps this will present an opportunity to ask him about the resources that had to be made available to deal with this case. The case is unprecedented but unfortunately it revolves around a certain number of families. Lest anyone suggests there are insufficient Garda resources in the area, there has been a rise of 27% in the Waterford-Kilkenny division in the past four years. In the past three and half years, there has been an increase of 21% in the Waterford district, bringing the strength to 176. The resources are there. Unfortunately, crime will continue but I hope and pray the efforts that have been made in regard to mediation will work. Those incidents seem to have died down for the time being. A number of people have been arrested and are being brought before the courts.
I call Deputy Rabbitte.
The Minister has already answered.
10 Deputy Charles Flanagan asked the Minister for Justice, Equality and Law Reform his views on the operation of the Garda Reserve since its introduction; and if he will make a statement on the matter. [32767/08]
The establishment of the Garda Reserve is one of the most important innovations in policing in Ireland in recent years. It has strengthened the links between the Garda Síochána and local communities and is a source of local support and knowledge. It brings new life to the organisation through its members. Reserve members bring a fresh and innovative approach to policing as they approach their duties with the different perspectives and skills developed in their everyday jobs and lives. The establishment of the reserve allows committed individuals from a great diversity of professional, social, cultural and ethnic groups to take part in policing.
The Garda Reserve members have been very effective in their role in assisting their full-time colleagues. An operational review undertaken by the Garda Commissioner has found that the Garda Síochána has benefited from the establishment of the reserve and that full-time and reserve members are working well together. I am certain that the positive impacts made by the reserve members to date bode well for the future of the force.
At 30 September 2008, there were 254 attested reserve gardaí and 157 reserve trainees, and some 147 have been recruited to date this year. Recruitment is continuing and regular promotional efforts to attract potential reserve members are being undertaken. There is considerable interest in the Garda Reserve among the general public, with 2,843 applications received by the Public Appointments Service this year until the end of August.
While I did not hear the Minister give the figure, the number of Garda reservists is in the region of 300. I make the point in the context of the promise and commitment by the then Minister, Mr. McDowell, that there would be 900 Garda reservists in place by 2006. This Minister has been something of a failure. A sizeable town in my constituency, Portlaoise, my home town, has the benefit of one Garda reservist. How can this be, when the Minister states there have been over 2,500 applicants this year?
The Minister recently informed the House that various publicity campaigns are being undertaken to recruit Garda reservists. What do these cost? What is the current cost of the recruitment campaign? What strength does the Minister believe the Garda Reserve will have by the end of this year?
Can we say, on leaving the House, that the Minister intends to bring the figure up to 900 and when will this happen? It is important that we have the correct information when leaving the House because I understood the Minister to say earlier with regard to the amalgamation of five different bodies that all he is amalgamating is the payroll. I presume I was right about that too.
My Question No. 89 asks whether the Minister had plans to benchmark the function and effectiveness of the Garda Reserve against similar reserves in other countries. Perhaps he could deal with this in his response.
With regard to the Laois-Offaly area, three Garda reservists have been taken on in 2008 and substantial numbers have been taken on across the country.
That is dreadful. Three in one large region is not a good benchmark.
They have been successful and there is significant interest among the general public, with over 2,800 having applied. I understand that only approximately one in ten of the applicants comes through the examination, for various reasons. For example, when they enter the process, some find it is a little more onerous than expected and others feel they may not be able to marry the reserve with their existing job. An interesting figure which we should welcome shows that, to date, 20 of the 27 gardaí who have left the reserve did so to become full-time gardaí, which shows a clear adherence to the issue of trying to look after our communities. The duties they perform——
I will have to interrupt the Minister. That concludes the time allocated for questions.
Written Answers follow Adjournment Debate.
