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Thursday, 13 Jun 2013

Written Answers Nos. 134-141

Missing Persons Data

Questions (136)

Bernard Durkan

Question:

136. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of men, women and male and female children reported missing in the past ten years, Irish nationals and non-nationals; the extent to which such disappearances remain under active investigation; and if he will make a statement on the matter. [28526/13]

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Written answers

I have requested a report from the Garda authorities on the matters raised by the Deputy. I will contact the Deputy directly when the report is to hand.

Criminal Law Review

Questions (137)

Bernard Durkan

Question:

137. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it is intended to reform the laws on bail, with particular reference to deter the activity of criminal gangs; and if he will make a statement on the matter. [28539/13]

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Written answers

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.

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. 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 bail law must be continually reviewed to ensure all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by people 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 seek to restructure the law so 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 the Government on the matter as soon as possible, having regard to other legislative priorities.

Prisoner Numbers

Questions (138)

Bernard Durkan

Question:

138. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of extra prison spaces currently required; and if he will make a statement on the matter. [28540/13]

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Written answers

I can advise the Deputy that on 12 June 2013, there were 4,225 prisoners in custody against a bed capacity of 4,419 which represented an occupancy level of 96%. The average number of prisoners in custody in Ireland has risen in the last five years, from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise, the total number of committals to prison has also risen sharply during the same period, from 11,934 in 2007 to 17,026 in 2012, an increase of over 43%. Significant investment has taken place in our prison estate in recent years, with in excess of 900 new prison spaces having been constructed and brought into use since 2007. Most recently, a new accommodation block at the Midlands Prison which has provided an additional 300 additional spaces, open in 2012. As outlined in the Irish Prison Service's three-year strategic plan, it is intended to align the capacity of our prisons with the guidelines laid down by the Inspector of Prisons by 2014, in so far as this is compatible with public safety and the integrity of the criminal justice system. In 2012 and in the first quarter of this year, priority was given to reducing overcrowding in Mountjoy, Cork, Limerick Prisons and the Dóchas Centre.

The strategy also contains a commitment to implement a 40-month capital plan to provide in-cell sanitation in all cells and radically improve prison conditions in the older parts of the prison estate. Included in the plan is the replacement of Cork Prison with a new prison built on the site of the current car park and an adjacent greenfield site. The new prison will have an average daily capacity of approximately 275 prisoners, which is broadly similar to the current daily average. The plan also includes the proposed demolition of the early 19th century A and B blocks in Limerick Prison. Their replacement with modern accommodation and related facilities will eliminate the practice of slopping-out and alleviate the current overcrowding difficulties. As the Deputy will be aware, I have announced a number of initiatives and programmes to alleviate overcrowding in the prison system. The Irish Prison Service's three-year strategic plan outlines a number of measures to be undertaken including the Community Return Scheme, a closer working relationship with the Probation Service and a more structured approach to temporary release.

Garda Transport Data

Questions (139)

Bernard Durkan

Question:

139. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the Garda transport fleet has been upgraded annually in each of the past six years and to date in 2013; and if he will make a statement on the matter. [28542/13]

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Written answers

Decisions on the provision and allocation of Garda vehicles are matters for the Garda Commissioner in the context of his identified operational demands and in light of available resources. In that context, the Deputy will be aware that an additional €3 million was made available towards the end of last year which enabled the force to procure a further 171 vehicles. This brought total investment in the Garda fleet in 2012 to €4 million and resulted in a total of 213 new vehicles being procured during the year. In addition to the investment provided in 2012, a specific allocation of €5 million has been provided for the purchase and fit-out of Garda transport in the current year. I am informed by the Garda authorities that to date this investment has resulted in a further 133 new vehicles being procured. This represents a 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, to the greatest extent possible, An Garda Síochána is provided with sufficient resources to enable it to deliver an effective and efficient policing service. I am advised by the Garda authorities that the number of vehicles procured for the Garda fleet in each of the years referred to in the Deputy's question is as follows: 2007, 362 vehicles; 2008, 190 vehicles; 2009, no vehicles; 2010, 165 vehicles; 2011, 52 vehicles; 2012, 213 vehicles; and 2013 (to date), 133 vehicles.

Garda Strength

Questions (140)

Bernard Durkan

Question:

140. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current total strength of An Garda Síochána, including the Garda Reserve; if further recruitment is required by a specific date; and if he will make a statement on the matter. [28564/13]

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Written answers

I have been informed by the Garda authorities that the personnel strength of An Garda Síochána on 30 April 2013, the latest date for which figures are readily available, was 13,330. There are also 1,087 members of the Garda Reserve with a further 172 in training. In relation to recruitment, I am in discussions with my colleague, the Minister for Public Expenditure and Reform, on this matter. I intend to bring proposals to Cabinet in the near future.

Question No. 141 answered with Question No. 124.
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