Written Answers Nos 166-174
166. Deputy Sandra McLellan asked the Minister for Justice and Equality if he will deploy more Garda vehicles to the Mallow area of County Cork in view of the fact that the public there are concerned about the lack of vehicles in the Garda fleet; and if he will make a statement on the matter. [11801/13]
View answerDecisions in relation to the deployment of Garda transport are matters for the Garda Commissioner in the context of his identified operational requirements. Responsibility for the efficient deployment of official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
I am advised by the Garda authorities that there are currently 31 vehicles allocated to the Cork North Division, 7 of which are allocated to the Mallow District. Garda management closely monitors the allocation of all policing resources and operational strategies in place on a District, Divisional and Regional level to ensure that the optimum use is made of available resources and that the best possible Garda service is provided to the public. In addition, the Garda authorities have informed me that the current policing arrangements for the Cork North Division make the best use of available resources. Moreover, the Garda authorities have indicated that the needs of the Division will continue to be examined as additional resources become available.
In that context, the Deputy will be aware that I made an additional €3 million available to An Garda Síochána towards the end of last year which enabled the Force to procure an additional 171 vehicles, bringing the total number of vehicles procured in 2012 to 213. The roll out of these vehicles to Garda Divisions throughout the country is ongoing and, in that context, I have been informed by the Garda authorities that 31 of the vehicles are being allocated to the Garda Southern Region which includes the Cork North Division. These vehicles are being deployed in line with operational requirements. A further allocation of €5 million has been provided for the purchase and fit-out of Garda transport in 2013. This represents a very considerable financial investment in Garda transport, particularly at a time when the level of funding available across the public sector is severely limited. It is a clear indication of my commitment to ensure that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to provide an effective and efficient policing service.
167. Deputy Terence Flanagan asked the Minister for Justice and Equality the number of persons who have had their bail revoked due to reoffending while out on bail in the past five years; and if he will make a statement on the matter. [11803/13]
View answer179. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which the recidivistic tendencies of accused persons while on bail and awaiting trial continues to be monitored; the extent to which he and or his Department can address this issue having regard to the number of such instances recorded on an annual basis during the past five years; and if he will make a statement on the matter. [11897/13]
View answerI propose to take Questions Nos. 167 and 179 together.
An Garda Síochána continues to monitor all crime trends and offending patterns and the Garda National Policing Plan, 2013 sets out the continued commitment of An Garda Síochána to pro-actively target groups and individuals engaged in criminal activities.
As the Deputies will be aware, the criminal law takes a serious view of offences committed by persons on bail. Section 11 of the Criminal Justice Act 1984 provides that any sentence of imprisonment passed on a person for an offence committed while on bail must be consecutive on any sentence passed on him or her for a previous offence, or on the sentence last due to expire, if more than one is being served. It also provides that the fact that an offence was committed while on bail must be treated as an aggravating factor at sentencing and that the court shall impose a sentence that is greater than that which would have been imposed otherwise, unless there are exceptional circumstances.
A decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail, since, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that a person would be likely to abscond or interfere with witnesses. The Bail Act 1997, which gave effect to the terms of the Sixteenth Amendment of the Constitution, provides for the refusal of bail to a person charged with a serious offence where it is reasonably considered necessary to prevent the commission of a serious offence by that person. In addition, section 6 of that Act, as amended by section 9 of the Criminal Justice Act 2007, provides that every bail recognisance is subject to the condition that the accused person shall not commit an offence while on bail. I believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail.
Accordingly, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. In the context of that modernisation of the law, I will be seeking to restructure the law so that it has a focus on the protection of the individual and of the public. My intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I am also taking the opportunity to introduce some general improvements to bail law to improve the overall working of the bail system.
I will bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities. Insofar as the question of revocation of Bail by the courts is concerned, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of statistics. However, I have had enquiries made and the Courts Service has informed me court statistics are not maintained in the manner sought by the Deputy.
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant statistics in relation to offences committed while on Bail directly to the Deputies.
168. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Garda Operation Leah; the number of persons arrested and charged to date; the number of successful convictions obtained to date; if this operation is still active; and if he will make a statement on the matter. [11813/13]
View answerI am informed by the Garda authorities that Operation Liath was introduced within Donegal Division in January 2013 as an operational strategy to improve public safety and enhance the effectiveness of high visibility police resources within the Division. This operation is running in conjunction with national operations such as Operation Fiacla and other Garda operations in existence to combat criminality within the Donegal Division. The main focus of the operation, which is ongoing, is to disrupt and prevent criminality against older persons within the community, to apprehend suspects in the commission and the attempted commission of offences, and to fully investigate, detect and prosecute any offences outstanding against those suspects and groups. This will be achieved through a focused, targeted and coordinated approach by An Garda Síochána.
The objectives of the operation are being addressed through intelligence led patrols, checkpoints, continued liaison between An Garda Síochána and the Police Service of Northern Ireland (PSNI), intelligence gathering and the continued support and rejuvenation of Neighbourhood Watch and Community Alert schemes. Local Garda Management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public. Since the introduction of Operation Liath, 12 persons have been arrested for burglary related incidents and 22 persons have been arrested for theft related incidents in Donegal Garda Division. These matters are currently before the Courts.
169. Deputy Ciarán Lynch asked the Minister for Justice and Equality the process by which a person can obtain information on their mother's stay at a Magdalen laundry in Cork (details supplied); and if he will make a statement on the matter. [11835/13]
View answerThe records concerned are those of the relevant religious congregations. I understand that they will facilitate individual's access to records with the necessary regard being given to their privacy and data protection. I am not in a position to advise the Deputy on the completeness or level of detail of the records held in individual cases.
170. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will consider, as part of the wider redress scheme that is to materialise in due course for survivors of the Magdalen institutions, enabling a thorough and comprehensive record facility to be established that would allow survivors and their families access to all available genealogical and other records necessary to locate their families and reconstruct their family identities; and if he will make a statement on the matter. [11838/13]
View answerI have no control over records held by the religious congregations or other non State bodies. However from my contact with the religious congregations I understand that they will facilitate individual's access to records with the necessary regard being given to their privacy and data protection. It is not within my power to establish a facility that would allow the women who were admitted to the Magdalen Laundries and their families access to all genealogical and other records necessary to locate their families and reconstruct their family identities.
171. Deputy Brendan Griffin asked the Minister for Justice and Equality the annual costs of policing major sporting and commercial entertainment events; if promoters and organisations contribute to these costs; and if he will make a statement on the matter. [11856/13]
View answerThe Garda Commissioner is the Accounting Officer for the Garda Vote. In that context, I am informed by the Garda authorities that the overall cost of policing major sporting and entertainment events is not readily available and that the extraction of the relevant data would require a disproportionate amount of Garda resources. Section 30 of the Garda Síochána Act 2005 provides a statutory basis for the Garda Commissioner to charge for police services on a non-public duty basis for commercial events. In that regard I understand that the cost to the event holder is determined by the number of Garda personnel deployed. The operational plan for a particular event is formulated by local Garda management.
Details of the monies recouped to An Garda Síochána for policing services at various events over the period 2010 – 2012 are provided in the following table:
|
Category |
2010 Monies Received |
2011 Monies Received |
2012 Monies Received |
|
Sporting Fixtures |
1,176,701 |
2,032,427 |
1,954,323 |
|
Concerts/Festivals |
1,378,294 |
1,326,765 |
738,284 |
|
Other Events |
794,994 |
708,822 |
1,431,949 |
|
Total |
3,349,989 |
4,068,014 |
4,124,556 |
172. Deputy Michael Creed asked the Minister for Justice and Equality when legislation will be finalised enabling fines and so on to be deducted from wages and thereby end the practice of the courts having to give persons custodial sentences for failure to pay; and if he will make a statement on the matter. [11865/13]
View answerAs the Deputy is aware, the Programme for Government includes a commitment to allow for the recovery of unpaid fines by the attachment of earnings. Last October, the Government approved the Scheme of a Fines (Amendment) Bill to give effect to this commitment and to make a number of other changes to the Fines Act 2010. I hope that it will be possible to publish the Fines (Amendment) Bill later this year, with a view to its enactment at an early date.
173. Deputy Michael Creed asked the Minister for Justice and Equality if he will outline the costs associated with the previous benchmarking arrangements for salaries in An Garda Síochána; and if he will make a statement on the matter. [11866/13]
View answerI am informed by the Garda authorities the information requested in relation to the costs associated with the previous benchmarking arrangements for salaries in An Garda Síochána is not readily available and can only be obtained by the disproportionate expenditure of Garda time and resources relative to the information sought.
174. Deputy Michael Creed asked the Minister for Justice and Equality his views on whether the secure radio network for the gardaí represents value for money at €40 million per annum; the date on which this contract was negotiated; to whom this €40 million was paid; if any assessment has been carried out on its effectiveness vis-à-vis mobile phones; the level of use of this radio network by gardaí; and if he will make a statement on the matter. [11868/13]
View answerFurther to a public procurement process, a Central Agreement was signed between the Department of Finance and Tetra Ireland in May 2008 for the provision of nationwide digital radio services for voice and data purposes to all non-commercial public bodies in Ireland. Subsequently, An Garda Síochána committed to roll out the National Digital Radio Service to the Force. The roll-out was completed in 2011. I am informed by the Garda authorities that currently An Garda Síochána has approximately 15,270 radio subscription accounts on the National Digital Radio Service. In addition, I understand that the costs involved are commercially sensitive.
The Garda authorities have advised me that the Garda participation in the National Digital Radio Service is enabling the Force to achieve its objectives. In that context, they have indicated that the Service meets their specific technological and operational requirements. Moreover, I understand that a number of these requirements, such as group working and emergency alert facilities, would not be available via mobile phone networks. I have also been informed by the Garda authorities that steps have been taken, and continue to be taken, to achieve value for money in respect of the expenditure involved.
