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Wednesday, 6 Mar 2013

Written Answers Nos. 30-38

Organised Crime

Questions (30)

Bernard Durkan

Question:

30. Deputy Bernard J. Durkan asked the Minister for Justice and Equality in view of indications regarding the strength and number of the various criminal gangs throughout the country, if it is intended to invoke any new strategies to deal with the problem and permanently remove such gangs from the streets; if it may be envisaged to set a timetable within which it may be possible to tackle the level of organised crime here taking into account the procedures followed in other jurisdictions to deal with such a problem; if it may be possible to introduce a series of coordinated measures incorporating reform of the bail laws and/or other legislative or judicial reforms required including any necessary steps to prevent attacks on the Gardaí; and if he will make a statement on the matter. [11607/13]

View answer

Written answers

The Deputy will appreciate that organised crime, by its very nature, is constantly evolving and diversifying in both its structures and activities so as to exploit opportunities for criminal gain. I can assure the Deputy that addressing such criminality remains a key ongoing priority for both the Government and for An Garda Síochána and these priorities are clearly reflected in the Garda Policing Plan for 2013 and in the Programme for Government. I am in ongoing contact with the Garda Commissioner about all aspects of serious crime and An Garda Síochána continues to vigorously tackle organised crime through a range of targeted activities designed to disrupt and dismantle the operations of criminal organisations. Despite the challenges which they face, we should remember that week in, week out, the Gardaí are successfully bringing people involved in gangland activities before the Courts, securing convictions and that a substantial number are presently serving their sentences in prison.

The Garda approach involves targeting serious criminals and organised criminal groups on a number of fronts, including through the use of focused intelligence led operations by specialist units such as the Serious and Organised Crime Unit, the Garda Bureau of Fraud Investigation and the work of the Criminal Assets Bureau. These units are also supported, as required, by the Security and Intelligence Section which assists with the provision of intelligence briefings and timely information.

Law enforcement efforts in this regard are underpinned by a comprehensive framework of criminal law measures. Whilst this current framework is being actively used to tackle organised crime the overall legislative response is being kept under review. In this regard my Department is currently undertaking a specific review of the provisions of the Criminal Justice (Amendment) Act 2009 to see if its provisions can be strengthened and the views of the Garda Commissioner have been sought in this regard. Furthermore, an Expert Group also established under the auspices of my Department, is currently engaged in a comprehensive review of the Proceeds of Crime legislation with a view to identifying possible improvements which would serve to strengthen the operation of the Criminal Assets Bureau.

I am conscious of public concern about the extent to which offences continue to be committed by persons on bail. I share that concern and 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. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.

While there is already very strong anti-gangland legislation in place, I will continue to pursue important improvements to our overall legislative architecture. In this regard, the legislative priority for combating crime is the publication and enactment of a new Criminal Justice (Forensic Evidence and DNA Database System) Bill. This Bill represents a major step forward in the fight against serious crime. It will lead to the establishment, for the first time, of a national DNA database in Ireland. Finally I have made it clear to the Garda Commissioner that, if he feels there are other measures which might be taken in this area, then I will look at that very positively.

Garda Stations Refurbishment

Questions (31)

Eamonn Maloney

Question:

31. Deputy Eamonn Maloney asked the Minister for Justice and Equality the position regarding extending Tallaght Garda station, as an extension was proposed five years ago, but no work has commenced to date. [11421/13]

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Written answers

The programme of replacement and refurbishment of Garda accommodation is based on accommodation priorities which are established by An Garda Síochána. This programme is progressed in close cooperation with the Office of Public Works, which has responsibility capital expenditure in this area. I am informed by the Garda authorities that plans for the provision of a new Divisional Headquarters in Tallaght are currently being developed. Further progress on this project will be considered in the context of An Garda Síochána's identified accommodation priorities and in the light of available resources within the Vote for the Office of Public Works.

Garda Strength

Questions (32)

Bernard Durkan

Question:

32. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of An Garda Síochána in each of the past ten years to date; the strength at which personnel were deployed and continue to be deployed over each Garda Division; his anticipated strength of the force in each division over the next three years; the extend to which he expects to be in a position to provide adequate Garda availability on a 24 hour basis throughout each division in the future; the extent to which redeployments or rescheduling is needed to provide sufficient Garda cover evenly across the county in the aftermath of the already announced closure of some Garda Stations; the degree to which policing strategy continues to be in line with internationally recognised and modern best practice; and if he will make a statement on the matter. [11606/13]

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Written answers

The Deputy will be aware that the Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I have no direct function in the matter. This allocation of resources is constantly monitored in the context of demographics, 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.

The Deputy will also be aware that each District headquarters provides a 24 hour policing service to all of the communities in that district. Garda numbers have been reducing due to the moratorium on recruitment. My objective, despite the enormous financial pressures facing the Government is to ensure that Garda numbers will not fall below 13,000. I have informed my Cabinet colleagues that I am reviewing the position regarding Garda strength in light of an estimated reduction to just over 13,000 by the end of 2013, and, in this context, I will be bringing all relevant proposals to Cabinet in the coming weeks.

The Garda Commissioner has stated that the revised structures will continue to support the Garda community policing philosophy through the clustering of services at policing hubs. This centralisation of services will facilitate the introduction of enhanced patrolling arrangements which, in turn, will provide increased Garda visibility as well as maintaining existing Garda links with communities throughout the country. The objective will be to ensure that the best possible policing service will continue to be provided to our communities. The Garda Commissioner has also advised that closure of stations will result in some additional 61,000 patrolling hours being available for operational policing.

I have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2003 to 2012 and on 31 January 2013, the latest date for which figures are readily available, broken down by Division was as set out in the table. The distribution of Gardaí throughout the country in future years will be determined by the Commissioner taking all relevant factors into account and will be focussed on providing the best possible service to the public.

Division

03

04

05

06

07

08

09

10

11

12

13

DMR South Central

681

711

707

738

773

793

776

771

735

700

699

DMR Southern

538

564

556

595

623

648

642

632

605

588

588

DMR Northern

578

602

600

640

761

790

832

803

779

744

743

DMR West

626

658

679

719

758

794

789

788

771

744

744

DMR North Central

628

645

642

662

694

725

719

693

660

654

653

DMR Eastern

522

552

558

591

618

477

483

473

452

420

419

Louth/Meath*

481

478

466

493

533

n/a

n/a

n/a

n/a

n/a

n/a

Louth*

n/a

n/a

n/a

n/a

n/a

296

306

314

305

292

290

Meath*

n/a

n/a

n/a

n/a

n/a

299

315

313

302

296

295

Westmeath*

n/a

n/a

n/a

n/a

n/a

n/a

285

262

255

254

255

Longford/Westmeath*

243

243

248

278

318

342

n/a

n/a

n/a

n/a

n/a

Laois/Offaly

272

276

279

291

312

337

327

320

304

289

289

Carlow/Kilkenny*

n/a

n/a

n/a

n/a

n/a

n/a

314

317

303

298

299

Kildare*

n/a

n/a

n/a

n/a

n/a

n/a

321

323

318

318

318

Carlow/Kildare*

323

323

331

367

402

375

n/a

n/a

n/a

n/a

n/a

Wicklow*

n/a

n/a

n/a

n/a

n/a

343

360

355

339

334

334

Wexford*

n/a

n/a

n/a

n/a

n/a

280

286

281

273

260

257

Wexford/Wicklow*

312

304

312

344

365

n/a

n/a

n/a

n/a

n/a

n/a

Waterford*

n/a

n/a

n/a

n/a

n/a

n/a

309

302

290

284

282

Waterford/Kilkenny*

346

350

343

380

428

457

n/a

n/a

n/a

n/a

n/a

Tipperary

312

306

314

341

361

384

395

383

376

371

369

Cork City

617

628

619

638

656

678

700

698

690

677

678

Cork North

245

243

247

262

285

300

303

309

304

303

303

Cork West

241

251

251

264

295

313

305

318

312

304

301

Kerry

266

262

266

295

318

341

339

334

314

298

297

Limerick

472

482

485

532

593

635

635

643

637

605

604

Clare

245

259

261

318

314

337

336

320

308

293

292

Galway*

n/a

n/a

n/a

n/a

n/a

n/a

600

601

595

585

584

Galway West*

345

363

374

401

424

453

n/a

n/a

n/a

n/a

n/a

Roscommon/Longford*

n/a

n/a

n/a

n/a

n/a

n/a

292

301

286

280

280

Galway East/Roscommon*

248

245

248

259

280

294

n/a

n/a

n/a

n/a

n/a

Mayo

274

266

259

279

313

331

309

311

309

300

300

Sligo/Leitrim

267

263

271

287

300

318

313

320

313

303

302

Donegal

424

412

417

448

476

488

468

466

444

427

427

Cavan/Monaghan

377

374

367

383

402

418

406

391

360

348

347

(*Divisional re-alignments were carried out between 2007 and 2009)

Domestic Violence Policy

Questions (33)

Caoimhghín Ó Caoláin

Question:

33. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality his plans to introduce comprehensive legislation on domestic violence; and if he will make a statement on the matter. [11554/13]

View answer

Written answers

As I indicated in response to Parliamentary Question No. 522 of 12 February 2013, the Programme for Government commitment - to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence, threatened violence and intimidation, in a way that provides protection to victims - will be progressed as soon as possible having regard to the need for consultations and the need to dispose of urgent legislative matters in my Department under the EU/IMF Programme of Financial Support for the State.

Garda Investigations

Questions (34)

Clare Daly

Question:

34. Deputy Clare Daly asked the Minister for Justice and Equality if he has received the final report of the Assistant Garda Commissioner into allegations that fixed charge notices mainly for speeding have been inappropriately cancelled; and if he will make a statement on the matter. [11602/13]

View answer

Written answers

This question relates to the issue surrounding the allegations concerning the cancellation of Fixed Charge Notices. Fixed Charge Notices are provided for under the Road Traffic Act, 2002 and are an alternative to prosecution. They give a motorist the opportunity to acknowledge the offence, pay the fixed charge and, where the offence is a penalty point offence, incur the appropriate penalty points. While the issuing of a Fixed Charge Notice does not constitute commencement of legal proceedings, it normally leads to a prosecution if the fixed charge is not paid.

There can be circumstances, however, where the Fixed Charge Notice may be cancelled, in accordance with Garda procedures drawn up in the light of legislative exemptions and prosecutorial guidelines. Cancellation occurs where it is believed the evidence would not sustain a prosecution or a prosecution would not be appropriate, fair or proportionate. The procedures provide authority to District Officers, or Inspectors Acting as District Officers, and an Inspector in the Fixed Charge Processing Office to cancel Fixed Charge Notices. Cancellation can occur in circumstances where, for example, exemptions apply in relation to emergency vehicles or the wearing of seatbelts, or where there are evidential difficulties, such as where the registration number registered by a speed camera does not correspond to the vehicle in question, or where there are emergency medical circumstances such as, for example, a sick child being driven to hospital, an imminent birth, or a medical professional rushing to a sick or elderly patient. Access to cancel a fixed charge notice through 'Pulse' is restricted to users with the rank of Inspector or higher.

Allegations concerning the cancellation of fixed charge notices are being examined by an Assistant Commissioner who is due to report his findings shortly. I have received an interim report from the Commissioner, but I will not be making any further comment on any allegations until the final report is available, which I have been informed by the Commissioner will be in two weeks time. It would be premature and wrong to assume that the cancellation of fixed charge notices were inappropriate.

Appointments to State Boards

Questions (35)

Seán Fleming

Question:

35. Deputy Sean Fleming asked the Minister for Justice and Equality the number of unfilled board positions under the auspices of his Department; the length of time they have been vacant; and if he will make a statement on the matter. [11667/13]

View answer

Written answers

I wish to advise the Deputy that the information sought is outlined in the following tables.

Censorship of Publications Board and Censorship of Publications Appeal Board

Entity

Vacancies

Date vacancies arose

Censorship of Publications Board

5

9 November 2011

{Positions advertised on 1 March 2013}

Censorship of Publications Appeal Board

5 [Chairman must be a judge or solicitor or barrister of not less than 7 years' standing]

11 February 2012

{Positions advertised on 1 March 2013}

The Private Security Authority

The Private Security Authority (PSA), an independent agency under the remit of my Department, is the regulatory body with responsibility for regulating and licensing the private security industry in the State. The last Board of the PSA completed its term of office on 3 December 2012. On 16 November 2012, I invited Expressions of Interest in respect of seven positions on the new Board. The remaining four positions, in accordance with the relevant legislation, are to be nominated representatives from my own Department, the Department of Jobs, Enterprise and Innovation, An Garda Síochána and the PSA itself. I expect to shortly be in a position to make an announcement on the appointment of a new Board.

Entity

Vacancies

Date vacancies arose

Private Security Authority

11

03/12/2012

The Equality Authority

The Deputy will also be aware that the Human Rights Commission and the Equality Authority are in the process of merging to form the new Irish Human Rights and Equality Commission (IHREC). An independent selection process in relation to the membership of the new Commission is underway and members of the public were invited to apply. The intention is that the successful applicants will be appointed by myself and by Government to the two existing bodies, pending enactment of the necessary legislation to effect the merger. It is also intended that the successful applicants will meet with the Joint Committee on Justice, Defence and Equality.

Entity

Vacancies

Date vacancies arose

The Equality Authority

14

29/02/2012

Proposed Legislation

Questions (36)

Aengus Ó Snodaigh

Question:

36. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the date on which he will publish the Assisted Decision-making Capacity Bill; and if he will make a statement on the matter. [11556/13]

View answer

Written answers

I refer the Deputy to my reply to Question No. 671 of 5 February 2013 in which I said the following:

"Drafting of the Bill is being finalised with a view to meeting the commitment in the Government Legislation Programme which indicates that the Bill is expected to be published in the current session. The Programme for Government contains a commitment to introduce a Bill that is in line with the UN Convention on the Rights of Persons with Disabilities. Work is being completed to properly align the provisions of the Bill with the principles contained in the UN Convention on supporting people with impaired capacity in making decisions and exercising their basic rights."

Question No. 37 answered with Question No. 25.

Departmental Contracts

Questions (38)

Dessie Ellis

Question:

38. Deputy Dessie Ellis asked the Minister for Justice and Equality the measures his Department or An Garda Síochána have taken to ensure that any private companies contracted by them to carry out work on behalf of the State are compliant with employment rights legislation. [11570/13]

View answer

Written answers

Both my Department's and the Garda Siochana's procurement of services is regulated by E.U. and Irish Law and follows procedures issued by the National Procurement Service. Both organisations, as public bodies, are concerned that employees rights are protected. When tendering for services both organisations makes use of standard templates issued by the NPS prepared by the Office of the Chief State Solicitor. Potential service providers are reminded, under the terms and conditions of the tender documentation, that they are required to have taken account of their legal obligations relating to employment protection and working conditions in the provision of services sought and that the employment status, remuneration, taxes, immigration and work permits of all personnel retained for the purposes of providing services are their sole responsibility in law.

In this regard, tenderers must, when submitting their bid, provide a statement confirming that they have taken account of these legal obligations relating to employment protection and working conditions. Failure to do so renders the tender submission non-compliant and excludes them from further consideration for the provision of services. Tenderers are also required to include an undertaking to comply fully with Council Directive 2001/23/EC relating to the safeguarding of employee's rights in the event of transfer of undertakings and to indemnify the contracting Authority for any claim arising or loss incurred as a result of its failure or incapacity to fulfil its obligations. Once contracts are in place, any reported breaches of rights would be taken up with the employer.

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