Written Answers Nos. 444-462
444. Deputy Nicky McFadden asked the Minister for Justice and Equality the information provided to the Garda upon conviction of a sexual offence; if sex offenders are supervised after release; the way sex offenders from other jurisdictions are monitored here; and if he will make a statement on the matter. [42029/13]
View answer463. Deputy Denis Naughten asked the Minister for Justice and Equality the number of persons currently subject to the requirements of Part 2 of the Sex Offenders Act 2001; and if he will make a statement on the matter. [42281/13]
View answerI propose to take Questions Nos. 444 and 463 together.
The Sex Offenders Act 2001 contains a comprehensive series of provisions aimed at protecting children and other persons. Part 2 of the Act makes persons convicted of a range of sexual offences subject to notification requirements. These provisions extend to persons who enter the State having been convicted abroad of the same range of sexual offences.
I am informed by the Garda authorities that, as of 3 October 2013, there were 1,303 persons subject to the requirements of Part 2 of the Act.
The Act makes relevant provisions in relation to the notification of An Garda Síochána about the conviction or release from custody of offenders. Under Section 14 of the Act, following conviction for a relevant offence, the Courts Service issues a certificate of conviction to An Garda Síochána. Section 9 provides that the Irish Prison Service will notify An Garda Síochána at least ten days prior to the release of a person who is subject to notification requirements under the Act.
A sex offender is required to notify his or her name and home address to the Garda Síochána within 7 days of becoming subject to the notification requirement. This notification period applies whether the person is resident in the State or was convicted of a relevant offence in another jurisdiction and subsequently enters the State. Furthermore, a person who is subject to the notification requirements of the Act who intends to leave the State for a continuous period of 7 days or more must notify the Gardaí of that intention and, if known, the address of the place outside the State where he or she intends to reside or stay. Return to the State must be notified within the same time frame.
Offenders who are subject to the notification requirements are monitored by the Sex Offender Management and Intelligence Unit (SOMIU) at the Garda National Bureau of Criminal Investigation. The Unit is supported by Garda Inspectors nominated in each Garda Division throughout the State. I am informed that the nominated Inspector in each Division has access to all necessary resources within his/her Division to assist him/her in carrying out his/her duties. Where An Garda Síochána becomes aware that an offender subject to the notification requirements has breached those requirements, appropriate action is taken, including circulation through PULSE of their information, as well as inquiries to identify their current whereabouts. I am confident that the appropriate level of monitoring is carried out by An Garda Síochána and all breaches of the requirements which come to notice are pursued.
In addition, at time of sentencing the Court may order post release supervision of a person in accordance with Section 26 and such supervision is carried out by the Probation Service. Such persons are assessed while in custody by the Probation Service using a validated risk assessment instrument. The risk and needs identified in the assessment inform the development of the case management plan, which is then monitored and supervised by the Probation Service in the community.
I am further advised that An Garda Síochána receives notifications regarding convicted sex offenders who travel to this country. When SOMIU receives such a notification, it is recorded on the Garda PULSE system and the relevant nominated Divisional Inspector is notified as a priority.
I am also informed that when the Garda authorities become aware that a convicted sex offender has left or is intending to leave the State, the Sex Offender Management and Intelligence Unit ensures that the relevant law enforcement agency in the country of destination is advised via Interpol. In addition, a Memorandum of Understanding between the Irish and British Governments on the sharing of information on sex offenders between An Garda Síochána and British police forces, including the PSNI, is in place since 2006 and an Agreement for Sharing of Personal Data in relation to the Investigation of Sexual Offences and the Monitoring of Sex Offenders between the PSNI and An Garda Síochána was signed in 2008. I am advised that there are excellent working relationships surrounding the monitoring of the travel arrangements of the persons in question.
445. Deputy Brian Stanley asked the Minister for Justice and Equality in the case of a person who is Garda vetted and moves to another employer requiring that person to go through the process all over again, if it is possible for one vetting process to cover a person for a specified period of time which would apply to all employers, voluntary groups and clubs. [42044/13]
View answerA vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with the Garda Central Vetting Unit (GCVU) for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012 and expects to receive in the region of 350,000 applications by the end of 2013.
Each time a new vetting application is received, a full vetting check is conducted to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant. The Deputy will appreciate that the safety of children and vulnerable adults is the primary consideration and this must remain the case.
It is essential that the GCVU has the resources required to perform this most critical of roles effectively and I have given this matter particular priority. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Commissioner has confirmed to me that there are now 134 whole-time equivalent staff (130 civilians and 4 members of the Garda Síochána) assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170 which, when compared to the average staff allocation of 78 at the Unit over the past two and a half years, represents an increase of 117%.
I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. Nevertheless this is a significant improvement on the processing time of 14 weeks which existed in July this year. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU and all organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.
Development of an e-Vetting solution is underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received . The initial phase of testing this e-vetting system will take place in the fourth quarter of 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.
446. Deputy Catherine Murphy asked the Minister for Justice and Equality if the proposal to establish a vetting passport in relation to Garda vetting is being considered by him; the progress that has been made in respect of same; the risks associated with moving to this system; if he has looked at international best practice in the area; and if he will make a statement on the matter. [42114/13]
View answerVetting procedures in this country are in place to protect children and vulnerable adults. As such they demand rigorous procedures to ensure their integrity and to maintain the highest level of confidence by organisations availing of them.
To achieve these aims, a vetting disclosure is made in response to a written request and with the permission of the person who is the subject of that request. Garda vetting disclosures are issued to specified organisations registered with the Garda Central Vetting Unit (GCVU) for that purpose in respect of a particular post or employment. The Unit processed approximately 328,000 vetting applications on behalf of these organisations in 2012 and expects to receive in the region of 350,000 applications by the end of 2013.
The current system relating to Garda Vetting is delivered in a standardised format to each organisation seeking Garda Vetting. This methodology is in line with good practice internationally. Accordingly, the registered organisation is responsible for validating the personal details of the individual and transmitting each application to the Garda Central Vetting Unit. This helps reduce the risk of false personal details being provided by vetting subjects.
Furthermore, a full vetting check is conducted for each new application received to ensure that the most recent data available is taken into account. The non-transferability and contemporaneous nature of the certificate protects against the risk of fraud or forgery and is a guarantee of the integrity of the vetting service. It also affords the registered organisation the facility to assess suitability based on the most up to date information available on the applicant. The Deputy will appreciate that the safety of children and vulnerable adults is the primary consideration and this must remain the case.
It is essential that the GCVU has the resources required to perform this most critical of roles effectively and I have given this matter particular priority. In that regard I have been actively engaged with my colleague the Minister for Public Expenditure and Reform. As a result of that engagement, I am pleased to say that the Commissioner has confirmed to me that there are now 134 whole-time equivalent staff (130 civilians and 4 members of the Garda Síochána) assigned to the GCVU, some 41 of whom have been redeployed from elsewhere in the public service since the end of March 2013. Some of these redeployed staff have only recently completed their training in the vetting process, and the full impact of their work will be seen in the coming weeks. Furthermore, I have also recently received sanction for the redeployment of 40 additional staff to the GCVU. This brings the total number of staff in that service to over 170 which, when compared to the average staff allocation of 78 at the Unit over the past two and a half years, represents an increase of 117%.
I am informed by the Garda authorities that the current average processing time for applications is now approximately 9 weeks from date of receipt. However, seasonal fluctuations and the necessity to seek additional information on particular applications can result in this processing time being exceeded on occasion. Nevertheless this is a significant improvement on the processing time of 14 weeks which existed in July this year. In the interest of fairness and equity, Garda vetting applications are processed in chronological order based on the date of receipt in the GCVU and all organisations registered for Garda Vetting are aware of the processing time-frames for the receipt of Garda vetting and have been advised to factor this into their recruitment and selection process.
Development of an e-Vetting solution is underway. This will facilitate the processing of all applications in an e-format, thus removing the time-consuming current process of manually managing all applications received . The initial phase of testing this e-vetting system will take place in the fourth quarter of 2013. When this is achieved, this system will streamline the overall vetting process in this jurisdiction, and further contribute to reductions in processing times for all vetting applications.
447. Deputy Patrick Nulty asked the Minister for Justice and Equality if he will examine the need for a Garda station to be provided in a growing town in County Dublin; if this is not possible in the immediate short term, if he will ensure that there is a greater Garda presence on the beat in the town to deter petty crime and drug dealing; and if he will make a statement on the matter. [42127/13]
View answerAs the Deputy is already aware, 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.
I have been informed by the Garda authorities that Donabate forms part of the Swords Sub-District and that personnel attached to Swords Garda Station are charged with the responsibility for the provision of a full policing service in the neighbourhood.
The personnel strength of Swords Garda Station on 31 August 2013, the latest date for which figures are readily available, was 75. There are also 9 Garda Reservists and 2 Civilians attached to Swords Garda Station.
There are currently no plans to establish a Garda Station in the Donabate area as this would be incompatible with current policing policy and such a move would result in valuable resources being diverted from frontline policing to administrative duties.
A structured and effective policing programme is in force in the Sub-District supported by several specialist units including the Divisional Task Force, Divisional Traffic Unit, District Detective Unit, District Drugs Unit and the Special Detective Unit.
448. Deputy Dara Calleary asked the Minister for Justice and Equality the number of permits that are currently in effect that sanction national, charitable, as distinct from local organisations to do street collections; the standard conditions of these permits; if they are reviewed by An Garda Síochána on a regular basis; and if he will make a statement on the matter. [42129/13]
View answerSection 5 of the Street and House to House Collections Act, 1962 provides that the Chief Superintendent for each Division may, on the application of any person who proposes to hold a collection in that locality, grant a collection permit to that person authorising him to hold a collection in that locality.
There is no facility for a single national permit to conduct street collections to be issued.
449. Deputy Dara Calleary asked the Minister for Justice and Equality if he will provide in tabular form the Garda numbers in the following stations at 30 September 2013: Ballina, County Mayo, Westport, County Mayo, Castlebar, County Mayo, Longford town, Mullingar town, Drogheda town, Wexford town, Ennis, County Clare, Navan, County Meath, Roscommon town and Carrick-on-Shannon. [42130/13]
View answerAs the Deputy is already aware, 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.
I have been informed by the Commissioner that as of 31 August 2013, the latest date for which figures are readily available, the personnel strength of each Garda Station referred to by the Deputy was as is set out in a table.
|
Garda Stations |
Strengths |
Garda Reserves |
Civilians |
|
Ballina |
44 |
5 |
6 |
|
Westport |
29 |
8 |
3 |
|
Castlebar |
77 |
12 |
10 |
|
Longford |
64 |
3 |
5 |
|
Mullingar |
128 |
15 |
14 |
|
Drogheda |
91 |
22 |
12 |
|
Wexford |
85 |
9 |
10 |
|
Ennis |
110 |
11 |
17 |
|
Navan |
78 |
15 |
6 |
|
Roscommon |
78 |
12 |
8 |
|
Carrick-on-Shannon |
48 |
4 |
5 |
450. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the specific date in July 2000 on which the company which specialised in the field of destruction started destroying firearms and ammunition which was stored at Clancy Barracks. [42132/13]
View answer451. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality further to Parliamentary Question of 4 July 2013, if the serial number of the gun confirmed as destroyed by the Minister had appeared in Garda records before 17 August 1989. [42133/13]
View answer453. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the way it is possible that a company could destroy a gun and ammunition on 19 July 2000 in spite of the fact that it only won the tender to destroy firearms and ammunition in Clancy Barracks after the 29 January 2002. [42137/13]
View answer454. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if the suggested sale date of Clancy Barracks of July 2000 that was given in response to Parliamentary Questions Nos. 623 and 624 of 28 June 2005, provided as an explanation for the date of the destruction of the gun, 19 July 2000, confirmed by the Minister in response to a Parliamentary Question of 4 July, 2013; if he will confirm that the actual date of the completion of the sale of Clancy Barracks was 26 March 2004. [42139/13]
View answer455. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on whether the investigation by the Garda Complaints Board in the case of a person (details supplied) in County Kerry in 1992 could be considered to have comprehensively investigated issues regarding the sale date of Clancy Barracks which were raised more than eight years later; the way the investigation completed by the Garda Complaints Board could be considered to have comprehensively investigated issues regarding the tender company concerned which was raised more than eight years later. [42140/13]
View answer456. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his views on the progress of an investigation by the Garda Complaints Board in the case of a person (details supplied). [42141/13]
View answer457. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he has familiarised himself with all the facts in the case of a person (details supplied) in County Kerry, up to the present date; including after 1992 when the Garda Complaints Board completed its investigation. [42142/13]
View answerI propose to take Questions Nos. 450, 451 and 453 to 457, inclusive, together.
I have advised the House on a number of previous occasions that I have been informed by the Garda authorities that the case in question which dates from 1989, was the subject of a thorough investigation.
The Deputy is aware that complaints were also made to the Garda Síochána Complaint Board, an independent statutory body, which further investigated the matter. It found no evidence of an offence or breach of discipline on the part of any Garda member concerned.
I am further informed by the Garda authorities that the particular firearm and ammunition seized from the person in question was destroyed on 19 July 2000. This was as part of an arrangement to destroy a large number of firearms stored at Clancy Barracks, including those which came into the possession of the Gardaí as a result of operations against subversives groups.
With regard to information as to the sale of the former Clancy Barracks, in June, 2002 the Department of Defence accepted an offer for the purchase of Clancy Barracks in the sum of €25.4 million. Following detailed consideration of the matter the sale of the barracks was completed on 26 March 2004.
In circumstances where this case has already been subject to an investigation by the Garda Síochána Complaints Board (an independent body whose conclusions it is not my role to second guess) I do not consider that the expenditure of further Departmental or Garda resources, in compiling further information of the kind sought by the Deputy could be justified.
452. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the person who was chief superintendent in charge of the Garda technical bureau in Dublin in the year 2000. [42136/13]
View answerI have been informed by the Garda Commissioner that it is the policy of An Garda Síochána not to provide such information in respect of a specified person.
458. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason redistribution of Garda personnel so that areas with a disproportionately low number of gardaí relative to their populations will have an increase in Garda personnel has not been among his policing priorities; if he intends to make this one of his policing priorities for 2014; his reasons for that decision; and if he will make a statement on the matter. [42158/13]
View answerThe policing priorities for 2014 have not yet been finalised and are still under consideration. The Deputy will be aware that, as provided for in Section 33 of the Garda Síochána Act 2005, the Garda Commissioner shall determine the manner in which the Garda Síochána are to be distributed and stationed throughout the State.
459. Deputy Catherine Murphy asked the Minister for Justice and Equality the minimum establishment required for each district and the policing requirements of each division and the way they affect how Garda resources are distributed; and if he will make a statement on the matter. [42159/13]
View answerI can inform the Deputy that there is no minimum establishment required for each District. The Garda Commissioner is responsible for the detailed allocation of resources, including personnel, throughout the organisation and that 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. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.
460. Deputy Catherine Murphy asked the Minister for Justice and Equality the average Garda time of response to emergency calls in each district and division; the way this affects how Garda resources are distributed; and if he will make a statement on the matter. [42160/13]
View answerI am informed by the Garda authorities that statistics relating to Garda response times for emergency call-outs throughout the country are not readily available. In addition I understand that to compile the relevant figures would require a significant amount of resources which are required for other Garda purposes.
The Deputy will be aware that the Commissioner is responsible for the detailed allocation of Garda resources, including personnel, throughout the organisation and I have been advised that the highest importance is given to emergency calls, to ensure that they are responded to on a priority basis. Furthermore, this is an area that is kept under on-going review and the Garda authorities are satisfied that the current service is effective in delivering efficient arrangements to communities.
461. Deputy Catherine Murphy asked the Minister for Justice and Equality the factors that were taken into account when deciding which Garda stations to close; the way those decisions were made; the way other Garda stations in the area will adjust to meet the needs of the communities once stations have closed; and if he will make a statement on the matter. [42161/13]
View answer466. Deputy Willie Penrose asked the Minister for Justice and Equality the steps being taken to address the shortage of An Garda Síochána in rural areas, particularly in the context where closures have been effected of Garda stations in rural areas; if it is proposed to put in place appropriate mobile patrols and other such measures; and if he will make a statement on the matter. [42344/13]
View answerI propose to take Questions Nos. 461 and 466 together.
The Policing Plan for 2013, which I laid before the Oireachtas on 5 December 2012, outlined the Garda Commissioner's proposals for the continued reorganisation and consolidation of the Garda Station and District network. In preparing that plan, the Commissioner reviewed all aspects of the Garda Síochána’s policing model, including the deployment of personnel, the utilisation of modern technologies and the operation of Garda stations, both in terms of opening hours and possible closures. In addition, all Divisional Officers were asked to assess the level of activity in each Garda Station in their area.
The Commissioner determined as a result of that review that a number of Garda stations should be closed and concluded that the communities covered by the areas in question could be better served by having Gardaí patrolling the areas rather than being confined to a specific premises. I fully agree with the Commissioner's determination in that regard.
The revised structures will continue to support An Garda Síochána community policing philosophy through the clustering of services at policing hubs. The centralisation of services will facilitate the introduction of an enhanced grid patrolling system that will be operational and intelligence led. This patrol system will ensure that a high visibility and community oriented policing service continues to be delivered throughout the country.
462. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will undertake a cost-benefit analysis of the Mortgage Restructuring Arrangement Bill 2013. [42167/13]
View answerThe Bill the Deputy refers to was discussed during Private Members time on 1 and 2 October, 2013.
The position of the Government in regard to the Bill was clearly outlined during the debate. I have no plans to carry out the analysis suggested by the Deputy.
