Vol. 969 No. 5
28. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if reports from an organisation (details supplied) that up to 50% of front-line gardaí cannot participate in high-speed chases or use sirens due to the fact they do not have basic training will be addressed; and if he will make a statement on the matter. [22887/18]
Many members of the public may not be aware of the fact that in order for members of An Garda Síochána to engage in high-speed chases in Garda vehicles and to use flashing blue lights, they are required to have competency based driving, CBD, level 2 training.
According to recent reports from the Garda Representative Association, up to 50% of members of An Garda Síochána did not have this level of training. Will the Minister clarify if this figure is correct and make a statement on the matter?
I share the view expressed by the Leas-Cheann Comhairle and take seriously the comments he made concerning the commencement of business.
As Deputy O'Callaghan will appreciate, the Garda Commissioner has statutory responsibility for carrying on, managing and controlling generally the administration and business of An Garda Síochána, including training. As Minister, I do not have a direct role in the matter. It is important to note, however, that members of An Garda Síochána undertake a wide variety of roles that require different sets of skills from time to time and different types of training, including, for example, in respect of child protection, crime scene examination and cybercrime. It is not necessary for every member of An Garda Síochána to have specialist knowledge of every area of policing. The system does not work in that way. In the case of advanced driving skills, not all members are required to drive on a daily basis or to have the capacity to respond to emergency response calls in a high-speed vehicle.
Responsibility for training lies with the Garda College and the divisional continuing professional development schools under the overall responsibility of the executive director for human resources and people development. I am informed by the Garda authorities that following a review of its driver training programmes in 2009, An Garda Síochána introduced a five level suite of competency based driving, CBD, courses, with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training. The review was informed by the Garda Inspectorate’s report into roads policing. I understand that CBD level 2 is a three-week course which enabling those members who successfully complete the course to drive the majority of patrol cars and public order vans available to the Garda. I am advised by the Garda Commissioner that since 2009, in the region of 2,700 members have successfully completed this level of training course. This figure does not include those who completed driver training prior to the introduction of the new competency based driving programme.
While I am fully aware that the Garda Commissioner has statutory responsibility for Garda training, the Minister has political responsibility for An Garda Síochána. As such, I cannot directly question the Garda Commissioner but I can directly question the Minister on behalf of members of the public, which is what I am doing. It is important to note concerns raised by the Garda Representative Association that more than half of all front-line gardaí are not qualified to drive with flashing blue lights and cannot respond to emergency call-outs. The fact that no training course is provided for pursuit driving, other than the training provided in the emergency response unit, was highlighted in October 2014 when a woman died tragically after being struck by a vehicle being pursued by members of An Garda Síochána. The lack of training was also highlighted by the Regency Hotel shootings in 2016 when it emerged that the driver of one of the first patrol cars to respond was not qualified to drive either at speed or with his siren or blue lights on. This is a matter of a concern.
The Minister stated that 2,700 gardaí have completed the CBD level 2 course since 2009. However, he did not answer my question as to what percentage of members of An Garda Síochána had received CBD level 2 training to enable them to drive at high speed during pursuits.
I am advised by Garda management that a review is under way to identify how the delivery of the current driver training system can be improved. I understand consultations have taken place with the Police Service of Northern Ireland and other police services to identify international best practice with regard to models of training. Pending the outcome of the review, I am advised that places on driving courses will continue to be allocated on a scheduled basis with priority being given where there is an immediate operational demand for drivers in a division or unit. In this regard, I point to the availability of a range of Garda driver training courses to meet the operational demands of the Garda. Two training centres are in operation at the Garda College and Garda headquarters, respectively. There are currently 31 Garda members - five sergeants and 26 gardaí - assigned to driver training duties. This will feed into the review. I am keen to ensure the best skills are available to An Garda Síochána.
While I appreciate the Minister's response, he has not answered my simple question. Is the statement by the Garda Representative Association that up to 50% of members of An Garda Síochána do not have the training qualification that would enable them to engage in high-speed chases correct? I and other Deputies have asked this question of the Department numerous times but for some reason it will not give an answer, other than to provide the partial answer given previously, namely, that 2,700 gardaí have completed CBD level 2 training since 2009. We need to know the reason for the withholding of this information. While this is a serious matter, I cannot understand that it would be a matter of such sensitivity that the detail could not be placed in the public domain. Members of the public are entitled to be confident that members of An Garda Síochána are sufficiently trained and qualified to engage in high-speed chases.
The Minister is correct and I accept that not every member of An Garda Síochána needs to be involved in high-speed chases or to engage in driving duties. However, we must ensure a sufficient percentage of members of the force are qualified to do so. As we know from experience, issues arise immediately for An Garda Síochána that require urgent involvement of a Garda car.
I provided figures and I will repeat that the number of gardaí who have been trained to CBD level 2 currently stands at 2,700. This figure does not include gardaí who were trained to an equivalent level prior to the introduction of the competency based framework.
I take issue with the attempt to draw a distinction between gardaí on the front line and other gardaí. It is indicative of a fundamental misunderstanding of what amounts to the nature of modern policing. A member of An Garda Síochána whose duties focus, for example, on liaising with victims of crime or the forensic examination of crime scenes is very much on the front line of policing. It is not necessary for all gardaí to be equipped with specialist driving skills, whether they are in cars or otherwise.
29. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he has considered the updating of Garda information and technology systems with the specific aim of tackling child abuse online; and if he will make a statement on the matter. [22725/18]
This morning, representatives of the Garda Inspectorate appeared before the Joint Committee on Justice and Equality. One of the key points raised in the discussion was a review of recommendations made in a 2012 report dealing with the approach of An Garda Síochána to child sexual abuse cases. The review found that only half the actions the Garda Inspectorate required the Garda to implement to properly protect children had been taken. Given the seriousness and nature of this type of crime, this is a matter of serious concern given the time that has elapsed since the report was produced.
As Deputy Ó Laoghaire will be aware, decisions regarding the provision and allocation of Garda equipment and resources, including updating of information and communications technology, ICT, systems are a matter for the Garda Commissioner. As Minister, I do not have a direct role in the matter. However, the unprecedented investment which is being made by the Government in Garda ICT should be noted.
Some €342 million, including €217 million in additional funding under the capital plan, is being invested in Garda information and communications technology infrastructure between 2016 and 2021. This will enable An Garda Síochána to deploy the latest cutting-edge technologies in the fight against crime. In addition, this significant investment will facilitate progress on important reforms arising from the Garda Inspectorate's report on crime investigation, as mentioned by the Deputy.
I am informed by Garda authorities that, for operational reasons and to safeguard the ability and capacity of An Garda Síochána to investigate online child abuse and exploitation offences, it is not possible to identify the particular information technology systems and tools in use. However, I can tell the House and Deputy Ó Laoghaire that the Garda authorities assure me they are currently satisfied with the IT tools available to investigate online child abuse and child exploitation offences. They will continue to monitor, develop and further invest in what can be described as international best practice. This includes investment in emerging technologies in this regard and working in partnership with other policing services.
More generally, it might be of interest to the House to note that Part 2 of the Criminal Law (Sexual Offences) Act 2017 provides for a range of offences related to the sexual exploitation of children.
I am keen to identify some of the issues highlighted in the review. Six items have not been not implemented at all, six have been partially implemented and four have not been satisfactorily addressed. The Garda Inspectorate has said this is disappointing and has had a negative impact on the services currently delivered to victims.
A total of 66% of all sex crimes reported to the Garda involve child victims. This is a significant and serious category. The inspectorate found that victims were being dealt with by untrained gardaí; gardaí assigned to specialist child protection units had not received any child protection safety training; convicted offenders were not being properly supervised upon release; and there were communication failures between the Garda and Tusla. Of most particular concern is the fact that technology is available to the Garda to provide real-time intelligence on those accessing child abuse material. However, this technology is not being activated because of the additional demands it would produce and the difficulty in allocating time to assess it. Does the Minister agree that is clearly not a satisfactory state of affairs and needs to be addressed urgently?
I wish to acknowledge the ongoing and evolving situation regarding technological advances. I am keen to ensure, as is the Garda Síochána, that Garda equipment and investigative capacity is in a position to keep abreast of these changes.
I acknowledge the reforming nature of our legislation and in particular the recently enacted Criminal Law (Sexual Offences) Act. The Act significantly strengthens existing criminal law in combating child exploitation. I also acknowledge the success of Operation Ketch being carried out by An Garda Síochána. The operation specifically targets those in the business of possessing and distributing child exploitation material.
I wish to highlight the ongoing training and the Commissioner's five-year modernisation and renewal programme. The programme involves training for gardaí to ensure they are fully up to speed and can deliver a police service that, in the circumstances, is proper and adequate.
The Minister referred to the information technology aspect of this and obviously that is relevant. However, addressing this also involves resources of time and ability. Again, I make the point that technology is available but it is not being activated because the resources do not exist.
Mr. Toland appeared before the committee this morning. He welcomed the protected services bureau developments. However, he expressed the view that he was concerned because the numbers involved would be too few and the bureau would develop too slowly.
I acknowledge the manner in which the Garda Síochána is adapting to deal with emerging issues. I understand the matter was adverted to at the committee. The Deputy should note the significant reform programme. It is well under way in line with the Government five-year reform programme. The key driver of the reform is the Commissioner's five-year renewal programme from 2016-21. That takes on board the recommendations of the report of the Garda Inspectorate, Changing Policing in Ireland. The report included an extensive review of the culture within An Garda Síochána and identified significant scope for change. I wish to assure the House that the Government is committed to ensuring that an adequate level of resources is available. We have unprecedented Garda resources in this year's budget amounting to a sum of €1.6 billion. The implementation of the reform plan will continue to be overseen by the Policing Authority. It is clear that the progress reports submitted to date highlight the critical importance of this role. I wish to assure the House that every effort will be made by Government to ensure adequate resourcing of An Garda Síochána.
30. Deputy John Lahart asked the Minister for Justice and Equality to set down the number of children and adults given anti-social behaviour warnings in 2016 and 2017; the number of antisocial behaviour orders sought in the same period by children and adults; and if he will make a statement on the matter. [22888/18]
The Minister concluded the last question by saying that he has made unprecedented levels of resources available to An Garda Síochána this year. I want to raise the question of the number of children and adults who have been given anti-social behaviour orders in 2016 and 2017 and the number of anti-social behaviour orders sought in the same period by children and adults. Will the Minister make a statement on the matter?
I have circulated a reply to the Deputy with figures in tabular form. I hope he has a copy of it. They are the most readily available figures from An Garda Síochána on anti-social behaviour warnings. The figures are broken down by Garda region. I hope the Deputy finds the information useful.
I can assure Deputy Lahart that An Garda Síochána remains committed to tackling public disorder and anti-social behaviour by continuing to work with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality-of-life issues and collaboration with local authorities, businesses, especially in the matter of the night-time economy, and other stakeholders to help address the causes of anti-social behaviour.
In setting up the ASBO regime in 2007, these interventions, including warnings, good behaviour contracts and referrals to the juvenile diversion programme, were intended to address the problem behaviour. The rationale was that if they succeeded, there would be no need to apply to the courts for an order. It was only if they failed to lead to a behaviour adjustment by the person in question that a court order would then be applied for.
It is widely acknowledged the use of anti-social behaviour orders is only suitable in certain limited circumstances. Indeed, it is only one crime prevention option open to An Garda Síochána in tackling this type of crime. As the Deputy will be aware, An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. These measures are underpinned by a comprehensive legal framework. Of course, addressing local community concerns on public order and anti-social behaviour is a key focus in An Garda Síochána's national community policing model. A range of strong legislative provisions are available to An Garda Síochána in numerous legislative instruments recently enacted in the House.
I have got the figures. The metropolitan regions that concern me include Dublin southern and Dublin western. No anti-social behaviour orders were given out in those regions in 2017 or 2018.
When the Minister was the Opposition spokesperson for justice, he criticised the ASBO system as being too cumbersome to be effective. At the time, he commented on how the system had spectacularly underperformed. What has the Minister done to address this?
I have only received the figures in the past minute. In some of the regions the level of ASBO warnings has been spectacularly declining. Does the Minister believe the anti-social behaviour order mechanism has been a failure?
I am aware from my own constituency that community gardaí are the key to addressing anti-social behaviour. In 2010, there were almost 1,200 community gardaí in the State. Last year, there were 691. Given that the Garda Síochána and Deputy Flanagan, as Minister for Justice and Equality, have, as he stated, unprecedented resources to allocate to the force this year, can he make a statement to reassure people in different constituencies that every effort will be made in respect of the anti-social behaviour order, which is a significant mechanism available to the Garda Síochána at community level, to significantly improve the quality of life of law-abiding citizens, who account for 99% of the people and whose lives are seriously discomfited by anti-social behaviour?
I acknowledge Deputy Lahart's interest in this issue and, indeed, his expertise as a Dublin Deputy working in the community.
In response to his question about community policing, it plays a significant part in tackling anti-social behaviour. It plays a vital role in deterring all forms of crime. The unprecedented level of resources that this Government has made available to An Garda Síochána will ensure that the Garda Commissioner, in the matter of decision-making, will have that level of resources to deploy in a way that was not the case in the past.
From my perspective, community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community, both urban and rural, has its own concerns and expectations. I welcome the strong emphasis in the modernisation and renewal programme on developing and supporting the ethos of community policing across the State and, indeed, in urban areas such as Deputy Lahart's constituency.
The Minister has not addressed my specific questions in relation to anti-social behaviour orders. I will give him some examples. In my constituency there are multiple low-grade examples of menacing anti-social behaviour. Both people living in local authority estates and people living in some private estates in my constituency want to leave because of the anti-social behaviour of neighbours or other teenagers and young people living in the constituency whose activities are simply not addressed by the Garda. Local authority tenants simply cannot bear to continue living where they are living because of anti-social behaviour and cars set on fire are making public parks unusable by the vast majority of residents who live in that area.
A few weeks ago, a serious incident took place at a DART station in Clongriffin where up to 20 young people, allegedly wearing balaclavas and armed with knives and lumps of wood, blocked the doors of a train at approximately 10.30 p.m. Other examples of anti-social behaviour in Killinarden in relation to buses caused Dublin Bus to withdraw some of the fleet for particular periods. There is a significant amount of low grade, and some high grade, menacing anti-social behaviour that is making residents' lives incredibly difficult. Will the Minister address specifically what he intends to do with regard to anti-social behaviour orders, whether they are working and whether the system is in need of overhaul?
I acknowledge the specific example that the Deputy gave with reference to recent unacceptable behaviour in Clongriffin. That type of activity has no place in a modern civilised society.
However, I do not agree with the Deputy if he is asserting that the anti-social behaviour legislation has been a failure.
The Minister asserted that.
I would point out that in addition to anti-social behaviour orders, we have strong provisions enacted in legislation. There is the Criminal Damage Act 1991, the Criminal Justice (Public Order) Act 1994, which was amended in 2003, and the Intoxicating Liquor Acts, to name but a few. All these legislative provisions are constantly under review.
I assure the Deputy that An Garda Síochána is proactively targeting public disorder and anti-social behaviour in communities. It is up to me to provide the resources for that and to ensure that the legislative provisions are in a position to act as a vital tool for An Garda Síochána in order that crime be detected, investigated and successfully prosecuted.
31. Deputy Clare Daly asked the Minister for Justice and Equality if he is satisfied with the handling of a protected disclosure initiated over four years ago from a garda in relation to the involvement of a member of the force in the heroin trade in Athlone; the steps he has taken in relation to the matter; and if he will make a statement on the matter. [22809/18]
Last week marked the commencement of the fifth year since Garda Nick Keogh made his formal complaints about conspiracy to supply heroin involving a civilian, a Garda detective and a chief superintendent who had failed to act on that information, and indeed, supplied the Garda detective with a telephone. The allegations were upheld in an investigation conducted by the acting Garda Commissioner, Dónall Ó Cualáin, and yet, over four years on, nobody has been charged and nobody has been arrested. What is the Minister doing in respect of this matter? Is he satisfied with the way it is being dealt with? When can we see action being taken?
Deputy Clare Daly will be aware from previous questions on this issue that the Protected Disclosures Act 2014 was enacted to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Act also affords important protections to persons making protected disclosures and specifically included the Garda Síochána Ombudsman Commission, GSOC, as a designated body for receipt of protected disclosures. The protections afforded under the Act include protection from dismissal and other forms of penalisation and for the protection of the identity of persons making disclosures.
The protected disclosure that the Deputy refers to was not made to me, as Minister. As I understand it, the protected disclosure was made directly to the Garda Síochána Ombudsman Commission by the member named by the Deputy. This House will be well aware of the independence of GSOC and I need not labour the issue, except to state that GSOC's statutory independence prevents me from interfering in any matter that that body is currently investigating. That is the guarantee of the independence of GSOC and the guarantee to persons making complaints that their complaints will be considered independently and free from outside interference and particularly free from any form intervention in this House.
I have full confidence in the role that GSOC plays in investigating complaints of wrongdoing in the Garda, including protected disclosures from members. I urge Deputy Clare Daly to allow GSOC the time and space necessary to carry out its investigations. Often what may seem like a simple enough issue to the member in question conceals a large degree and layer of complex legal issues involved. The Deputy should bear in mind that GSOC has a responsibility to persons making complaints, as well as to those against whom allegations are made and I want to see a full, complete and impartial investigation in order to allow the independent body arrive at the truth.
I do not know whether the Minister is playing dumb or he just does not get it. He will not escape behind this and this will haunt him unless he starts dealing with it properly.
The Minister states GSOC needs time. It is the fifth year since this complaint was made. It involves gardaí involved in the heroin trade in the Minister's constituency. One young man has died - possibly two - as a result of that heroin supply. A garda remains suspended at present for colluding with criminals but nobody has been charged or arrested.
There was an internal Garda investigation, as the Minister will be aware. Subsequently, GSOC was given the file, which was delayed and disrupted by the Garda for five months. The Minister knows GSOC has concluded that investigation but it cannot publish its findings because the Garda states it has not finished its investigation. I am seriously wondering is this biding for time a tactic to allow the clock to be wound down until the garda at the centre of this or the chief superintendent behind him reaches retirement age, which is coming up in the next year and a half.
We are all in favour of impartial investigations but a process which does not deliver in its fifth year is disgraceful, considering the very serious allegations at the heart of this.
Deputy Clare Daly has again made serious allegations in the House. If I have not done so before, I say to her now that she has a responsibility to act accordingly in respect of any information which she has or which comes across her desk in respect of the alleged commission of a crime. I trust that she has done so. I want to again emphasise that I have no authority to direct the Garda Commissioner in matters concerning the control or operation and direction of An Garda Síochána, nor can I, as Minister for Justice and Equality or a Member of the House, interfere in any investigation undertaken or being undertaken by the force. This may be difficult for Deputy Clare Daly to accept, but she and others know that they would be very quick to point out to me the flaws in any system which would allow the Minister for Justice and Equality to interfere in any way with the role of the Garda Commissioner or to seek to direct the Garda Commissioner or exercise any undue influence over him or her as to the manner in which he or she might handle a workplace issue or investigation.
Nobody is asking the Minister to interfere with anything. It was pointed out to the Minister more than a year ago that the investigations have concluded. The Minister for Justice and Equality calls these organisations to account. It is a fact that An Garda Síochána breached existing protocols with GSOC and refused to hand over files for five months. It is a fact that An Garda Síochána refused GSOC's request to sit in on the disciplinary hearings on behalf of four gardaí who were found guilty of wrongdoing.
The only thing that has happened since the investigation concluded is that nobody has been penalised except the poor eejit who made the protected disclosure in the first instance and who has been out of work, sick, bullied and harassed. People who undermined him in the workplace have been promoted since then. The Minister sent us a letter last December referring to a discussion we had last July - almost a year ago. At that time, he gave the same answer as that which he has just provided. Does the Minister think it is acceptable that these organisations sit on reports for years on end and nothing happens? That is the type of justice we have in Ireland in this day and age.
A request was made by my Department on 12 February for an update on the investigation. The chair responded to advise that as matters referred to a protected disclosure under the Act, no information could be provided at that time. I want to remind the House yet again that I am awaiting the outcome of any investigation which An Garda Síochána or GSOC is engaged in. I want to remind Deputy Clare Daly that term of reference [p] of the disclosures tribunal covers complaints by members of the Garda who made protected disclosures prior to 16 February 2016 or who were, as a result, in any way discredited or targeted with the knowledge or acquiescence of senior members of An Garda Síochána. That may well be a channel through which the Deputy may wish to pursue this matter.
