Jim O'Callaghan
Question:1. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if the civilian component of An Garda Síochána is to be enhanced; and if there are any targets in place in that regard. [7630/17]
Priority Questions
Garda Civilian Staff
My question is in respect of the civilian component in An Garda Síochána. I know it is the Minister's intention to enhance it. What are the targets envisaged in that regard?
The Government has agreed an overall vision for the Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This very substantial investment in personnel is driven by our commitment to ensure all citizens have the reassurance of a visible, responsive and effective policing service.
At present, there are approximately 2,000 civilians in the organisation carrying out senior management, administrative and technical roles. The projected number of 4,000 civilians will effectively double the figure and represents a medium-term target of 20% civilians over the next five years. That will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained police men and women are available for and utilised in operational areas.
To support the implementation of this vision, budget 2017 has provided funding for 800 Garda trainees, 300 Garda Reserve trainees and up to 500 civilians. The recruitment and appointment of the additional civilians will help to address capacity and critical skills gaps across the organisation and at the various levels. I will not go into the details of that now.
We will reach the 20% target by identifying gardaí filling roles that could be occupied by suitably qualified civilians - the Garda Inspectorate has indicated there may be in the region of 1,500 in that situation, although the number is disputed - and by the application of a civilian-by-default policy under which all new posts, other than operational policing posts, and non-operational policing posts that become vacant, will be filled by civilian staff with the appropriate skills and expertise. We are committed to moving ahead on the recruitment of 500 civilian staff this year.
I thank the Tánaiste for her response. The reason I raise the question is because we know that a 2015 Garda Inspectorate report pointed out that the Garda Síochána had a relatively low percentage of civilians within its force. It calculated the number of civilians as being in the region of 14%. When one compares that to the situation in neighbouring police forces - for example, in Scotland, there is approximately 25% civilianisation and the PSNI has 26% - the figure here is quite low.
I am aware the Minister previously announced plans to double the number of civilian staff in An Garda Síochána by 2021 but we must broaden civilianisation and recognise that at the top level of An Garda Síochána it is really a management job. I know we spend a lot of time talking about An Garda Síochána. It is obviously a policing job but it is even more so a management job and we need to have civilians at the top in terms of civilianisation to ensure the force is properly managed.
During 2017 it is anticipated that there will be a redeployment of 147 Garda members as a result of increases in civilian numbers. That equates to some 30% of the 500 civilian appointments approved for the year, leading to redeployments. The process will accelerate in future years. I fully agree with Deputy O'Callaghan that we must ensure that where civilians can do the work within An Garda Síochána we must do everything possible to make sure that happens. I accept that, as Deputy O'Callaghan indicated, we are below the international levels in regard to civilianisation. We have gardaí doing jobs that could clearly be done by civilians, but the process must be managed in a careful and planned way. Some forces have advanced civilianisation in a rapid way and I have heard from them that one must be careful about identifying the particular posts.
The benefit of civilianisation is that it allows the members of An Garda Síochána to be out on the street doing active policing, which is what communities want. There is also an advantage in the sense that one gets a different form of culture coming into the Garda. I do not criticise Garda culture, as that has been done enough this week, but in terms of any organisation, if one can get people in from outside one gets a mix of people within an organisation and that improves it.
The Garda modernisation and renewal programme seems less than overwhelming about the process. It simply says there will be an increase in civilianisation and that it will be conscious of not developing a two-tier service. I do not think people should be fearful of that, as civilians and police officers can work hand in hand and complement each other.
Is the Minister confident that the target of doubling the number of civilians will be achieved by 2021? That is a big ask. Will the Labour Court recommendations affect the process?
I am confident. The intention is to continue to move in the direction of the targets. The funding has already been given for this year for those 500 staff. Deputy O'Callaghan mentioned the modernisation and renewal plan. I have requested the Policing Authority to monitor and assess the implementation of the plan and to report back to me not just once a year but on a quarterly basis. The Policing Authority will have an independent role in that regard and it can monitor the progress each quarter. That is another useful way of keeping track of progress. The modernisation and renewal programme is a significant one and it has a timeframe of five years. I agree with the Deputy that it is important the targets on civilianisation are met.
Spent Convictions Legislation
Jonathan O'Brien
Question:2. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to review legislation on spent convictions; and her further plans to introduce new legislation to expand the range of convictions that fall under the terms of the legislation. [7857/17]
I wish to ask the Minister about spent convictions and if there are future plans in that regard.
The spent convictions legislation is relatively recent as the Act dates to 2016. It provides for certain convictions to become spent once seven years has passed since the date of conviction. Under the provisions of the Act, the following convictions which are more than seven years old are now deemed spent: all convictions in the District Court for motoring offences, with the proviso that spent convictions for dangerous driving are limited to a single conviction, and all convictions in the District Court for minor public order offences.
The purpose of the legislation is to provide that persons who have made a mistake by committing a minor offence in the past and paid the price can move on with their lives after the appropriate time and that such persons will not be held back. The Act was commenced in full on 29 April 2016 and it would be sensible to review it after a reasonable period, as Deputies have approached me about other changes they would like to see. The Act will be liable for post-enactment scrutiny at the Joint Committee on Justice and Equality. That can be done under the new Dáil procedures. I welcome such an approach. It is early days for the legislation but it is important for the committee to examine it when it is in a position to do so. I always take the recommendations from the committee very seriously and I am happy to look at it if it is on the programme of work.
Unfortunately, it is not on our work programme at the moment. I accept the legislation is very new. Prior to the enactment of the Bill I tabled a number of amendments. The Bill provides primarily for motoring offences and minor convictions but, given the current debate on drugs for personal use, we are moving away from a criminal justice model to a public health model for dealing with addiction. Unfortunately, if a young person, or someone who is not so young, is convicted of possession for personal use - I refer to very small amounts - the conviction hangs over the individual for the rest of his or her days. I would like to see any review take into account the fact that we are now moving to a new public health model in terms of drug use.
The main purpose of the spent convictions legislation is to give people a second chance. We have had very careful consideration of which offences should go into the first tranche of the legislation.
Clearly, there is an emerging debate in respect of the Deputy's point about drugs and a greater focus on health and rehabilitation. I take the point he makes. The Minister of State with responsibility for drugs would have to consider it. I would want to hear what her view on it was and look at the evidence but the intention behind spent convictions is to give people a second chance. We have begun applying it to certain areas in this legislation. I have no doubt it will be extended at a later point but we would need to examine the implications of that proposal.
Not examining it means that somebody who may have had a minor conviction for possession of drugs while in the throes of addiction but who has now gone through rehabilitation and is no longer addicted to and using drugs has a criminal record for the rest of his or her life. If we are serious about not only dealing with drug use as a public issue but also giving people a second opportunity, it is essential that people who have gone through the very tough process of rehabilitation are not labelled and stigmatised for the rest of their days. I hope the Minister of State with responsibility for drugs policy, Deputy Catherine Byrne, will look at this in respect of the formulation of the new national drugs strategy. Ultimately, it will come down to the Department of Justice and Equality in respect of spent convictions.
Under the provisions of the Criminal Justice (Spent Convictions and Certain Disclosures) Act, only a single conviction under the Misuse of Drugs Acts is eligible to become spent. A range of issues arises if a person has multiple convictions for drugs in terms of these convictions becoming spent. We would have to consider very carefully whether we should allow a greater number of drugs offences to become spent. I take the Deputy's generic point about rehabilitation and people getting a chance to move on but I am mindful that under section 3 of the Misuse of Drugs Act, the penalties for a third offence of possession of drugs is a sentence of up to three years' imprisonment so that is-----
That never happens.
That is what is in the law. It does not sound to me as if these are exactly equivalent to District Court offences. I would like the Committee on Justice and Equality to examine the issue.
Alcohol Sales Legislation
Jim O'Callaghan
Question:3. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the extent to which the licensing laws are being enforced and if any review of this matter is proposed. [7626/17]
My question concerns the enforcement of liquor licensing laws and whether the Minister has any plans to review it. I am asking the question in the context of a tragic event that befell a young man called Brian Regan from Loughrea who was killed in December 2015. It is a general question about licensing laws.
I am not aware of the particular case referred to by the Deputy. I am not sure what element of the law is relevant to the case. The Deputy might point it out to me. We have a very large body of legislation relating to alcohol. There was a recent joint ministerial meeting on road safety. Clearly, the enforcement of legislation relating to drink-driving has been centre stage. I am sure the Deputy is very conscious of the recent proposals to change the legislation. Enforcing the legislation is a priority for the Garda. We are certainly making very big investments in terms of the resources and numbers of An Garda Síochána, including vehicles, all of which are relevant in terms of focusing on this. I have met with the senior garda responsible for this area. It is a priority area for the coming year. Of course, we have all seen the dramatic rise in road deaths. It is a combination of drink-driving, speed and use of mobile phones that has led to this rise. We must realise that we must repeat the messages for a new generation in terms of drink-driving and the dreadful impact it has on people.
In fairness to the Tánaiste, she would not know the reason why I asked this question. I am asking it because I met with a man from Loughrea called James Regan who asked me to raise the issue of the licensing laws because of what happened to his son, Brian Regan, who was knocked down and killed by a car in December 2015 at 5.30 a.m. It was obviously a tragedy for him and his family. His father was concerned about the licensing laws. His son had been drinking from 7 p.m. that evening. Obviously, personal responsibility is an issue and he had responsibility for consuming alcohol himself but his father believes he was drinking late into the night in a licensed premises that was serving him alcohol when it was past closing time and the premises was not entitled to sell alcohol. He is not looking for inquiries. He is just anxious that the licensing laws we have are enforced. Most publicans do enforce them but it is important that when people come into public houses, they are under the supervision of the public house. We need to enforce the laws.
That is an extremely tragic case. Unfortunately, there were many such cases last year when there was a considerable increase in deaths on our roads attributed to alcohol use. I take the Deputy's point that the enforcement of the law is extremely important. I emphasise that it is a priority area. It should be anyway but it is certainly a priority given the increasing number of deaths on our roads - primarily of young men aged between 18 and their late 20s. This is a particularly vulnerable group. I repeat that we need to repeat the road safety message and strengthen our legislation. The Public Health (Alcohol) Bill, which is the first legislation dealing with health promotion in this area, is extremely important and gives the message from this House that there can be no ambivalence in this area. We are famous for our ambivalence about alcohol but there can be no ambivalence when it comes to drink-driving.
Most publicans do honour and obey the law. It is also fair to say that if people are drinking, they are nearly better off drinking in a public house where they can be watched by the staff and a general assessment of whether they have had too much can be made. However, we must recognise the terrible ongoing effects alcohol can have on young men and the fact that it can lead to these tragic circumstances. Just because we presume that most of the licensing laws are obeyed should not prevent ongoing enforcement. I know An Garda Síochána takes the enforcement of the licensing laws seriously. We need to recognise that when somebody is not licensed to serve alcohol, serving it to people late at night is dangerous. The licensing laws are there for a reason, not just for the licensed premises but also to protect the public. People will keep drinking unless places close and we need to ensure the laws are enforced.
I can only agree with the Deputy. We all have work to do in this House in respect of the devastating impact of the misuse of alcohol and where it is linked to driving. We are seeing dreadful consequences for individuals and families and increased numbers. This is linked to the fact that there is a greater number of cars on our roads but it is primarily due to the fact that we see a combination of people, particularly young men, driving after drinking, speeding and using mobile phones. I compliment the father of that young man because it must be very hard to recover from that situation and promote the issues about which he is now speaking after having experienced such personal tragedy. We need to get on with the Public Health (Alcohol) Bill and continue the Road Safety Authority campaigns.
Garda Stations
Mattie McGrath
Question:4. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality if she will address concerns that the existing Garda station in Clonmel is not fit for purpose; if she will escalate relocation works aimed at addressing the problem; and if she will make a statement on the matter. [7940/17]
What progress that has been made in relocating Clonmel Garda station from its current early 19th century building in Clonmel, which is totally unfit for purpose, to the former Army barracks?
With regard to the proposed new station, I am advised that the Office of Public Works is in the process of acquiring part of the site at the former Kickham Barracks from Tipperary County Council. In the meantime - I am sure the Deputy is very familiar with this - a range of refurbishments has been going on. I hope to visit Clonmel in the near future because I am very concerned about the state of some of our Garda stations. I have been meeting with the relevant people from the Office of Public Works, An Garda Síochána and my Department in order to ensure that work is progressed. There is clearly a strong need for relocation given the situation there. When I announced the programme in October 2015 with my colleague, the Minister of State at the Office of Public Works, it included an extensive programme of upgrades to the Garda station network, including works to the existing station at Clonmel. I have also given the Deputy the details of the work that is being done with regard to a new station.
I thank the Minister for committing to visit Clonmel when I asked her to about three weeks ago. One cannot make a silk purse out of a sow's ear. Clonmel Garda station is deteriorating and unfit for purpose. As I said, it is an early 19th-century building. The public office is not as big as the Clerk's table in front us in the House. It is tiny. It was refurbished lately in small bits. However, the building is higgledy-piggledy and people are always up and down stairs. The cells are not fit for purpose. Interview rooms and meeting rooms are the same. It does not have the facilities for the gardaí.
I welcome the Minister's commitment to visit Clonmel. The site has been acquired by the county council. The old Army barracks is a very proud site and a very emotional issue for Clonmel. Some 1,000 incidents per month are dealt with by Clonmel Garda station. It is a huge district. It covers Carrick-on-Suir, Fethard and out to Clerihan. We also acknowledge new recruits that have arrived recently. More are on their way. They were badly needed. There is an excellent Garda workforce under superintendent Willie Leahy and his team. The building is antiquated. They have been waiting for so long.
There were big hopes when the former Minister, Mr. Alan Shatter, announced the move to the Kickham Barracks site three or four years ago, but nothing has happened. The Minister is working with the Minister of State, Deputy Canney, as am I, to try to achieve that. It is part of a public private partnership along with other stations. My fear, the fear of the gardaí and the fear of the public I represent in Clonmel and Tipperary is that there are too many projects in that bundle and that other projects might not be at as advanced a stage as Clonmel. We need a big push. We have been talking about the Garda all week. Gardaí need to be supported. They need proper working conditions and so does the public that uses that station.
I can confirm that it is intended that a new district headquarters will be developed in Clonmel by means of a public private partnership. That is obviously linked to the site acquisition. The proposed new station will form part of a number of stations that are to be built by means of public private partnership. That includes new developments at Sligo and Macroom. We want a new regional headquarters in Sligo as well. I have been at some of the meetings myself because I brought the different groups from the OPW, the Garda and the Department of Justice and Equality together to discuss the building programme and to make sure that it now moves ahead in a timely way. We do want to deliver these new builds. I entirely take the point that Deputy McGrath is making in that there is a need for a new premises and there is only so much that refurbishment can do in the context of the facilities there at the moment.
I cannot express enough how vital it is. The retired superintendent, Mr. John Courtney, the chief superintendent Catherine Kehoe and all the inspectors and officers need it. It is a terrible building that is totally unfit for purpose in every way. The only good thing about it is its location. It is located in the right place. However, An Garda Síochána does not own the building. It belongs to the county council. The move to the Army barracks is necessary for a number of reasons. Above all, it is primarily for An Garda Síochána and the public. We need to secure that new site. I would have thought that it would have been purchased from the county council at this stage because we need a modern district headquarters with all the different aspects. It would be lovely to have something like the equine unit placed there when we have a spacious site.
I am pressing this issue on the Minister. I look forward to her visit at the earliest opportunity so she can see for herself. I accompanied the former Minister, Mr. Brian Lenihan, there when he was the Minister, God rest him. It is so bad and so unfit for purpose. The gardaí, the lay staff and the public are all entitled to some modicum of a decent building for public service.
The intention is to move ahead as speedily as possible once the final agreement is reached on the site. The estimated cost of the Clonmel station is some €7 million. In the meantime, there is some essential refurbishment and upgrading being considered at present, such as the cells. There is also a need for new changing areas as well. Those are interim proposals pending the development of the new headquarters. I can confirm that it is part of the public private partnership and once the issue of the site is finalised, it will probably take between 12 and 18 months before there is a new station there. We need to move ahead as quickly as possible. The key issue is to make sure that the site is available because we are committed to the public private partnership.
The Minister will be coming down with good news.