Thursday, 27 Feb 2014

Written Answers Nos. 199-211

Proposed Legislation

Questions (199)

Noel Grealish

Question:

199. Deputy Noel Grealish asked the Minister for Justice and Equality if he has an update on, or an indicative timescale for, when the landlord and tenant Bill, as shown in the current legislative programme, will be published; if it is intended to deal with both commercial and private landlord/tenant relationships; if he will indicate the nature of the heads of the Bill which have been agreed, or the areas and issues which will be covered in the Bill; and if he will make a statement on the matter. [10159/14]

Written answers

Minister for Justice and Equality

The position is that the Government approved my proposals for a Landlord and Tenant Law Reform Bill in September 2011 and it is currently being drafted in the Office of the Parliamentary Counsel. The General Scheme of the Bill is available on my Department's website: www.justice.ie.

The objective of the Bill is to update and modernise the general law relating to landlord and tenant by repealing numerous pre-1922 statutes, including the Landlord and Tenant Law Amendment Act Ireland 1860 (commonly known as "Deasy's Act"), as well as statutory provisions of more recent origin and replacing them with a streamlined statutory framework more suited to modern conditions. For example, it will contain provisions which clarify the respective obligations of both landlords and tenants and improve protection levels for tenants. However, since much of the law relating to residential tenancies, including renewal of such tenancies and redress mechanisms, has already been updated in the Residential Tenancies Act 2004 and later amendments to it, the principal impact of the reforms in the new Bill will be felt in the area of commercial tenancies.

I am confident that the reforms set out in the new Bill will reduce legal uncertainty arising from uncertain and obsolete statutes and thereby reduce costly disputes and recourse to litigation.

Unfortunately, due to the complex nature of the proposed legislation, I am not in a position to state when the Bill will be published. However, it is my intention to proceed quickly with enactment of the Bill following publication.

Garda Síochána Ombudsman Commission

Questions (200, 202)

Terence Flanagan

Question:

200. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to extend the powers of the Garda ombudsman so that they are the same as the Police Ombudsman in Northern Ireland; and if he will make a statement on the matter. [10225/14]

Bernard Durkan

Question:

202. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if the structure and the operation procedures in respect of the Garda Síochána Ombudsman Commission has been found adequate to deal with issues arising since its inception; and if he will make a statement on the matter. [10247/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 200 and 202 together.

The Garda Síochána Ombudsman Commission was established under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. The Garda Ombudsman Commission has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded.

Some weeks ago I announced that I would be bringing to Cabinet a number of amendments to the Garda Síochána Act 2005 relating to the Ombudsman Commission. It has subsequently been agreed at Cabinet that the Joint Oireachtas Committee on Justice, Defence and Equality would be asked to hold such hearings as it deems appropriate and necessary for the purpose of making any recommendations on amendments it proposes be made to the 2005 Act. I look forward to receiving the Committee's recommendations, and in that context I will certainly examine the case for any changes to the remit, powers and structure of the Ombudsman Commission.

As regards the procedures adopted by the Ombudsman Commission, the Commission is independent in the performance of its functions.

Question No. 201 answered with Question No. 15.

Question No. 202 answered with Question No. 200.

Garda Síochána Ombudsman Commission

Questions (203)

Bernard Durkan

Question:

203. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if in the context of allegations of electronic eavesdropping of the Garda Síochána Ombudsman Commission office, it has been established that equipment potentially used by eavesdroppers is in the hands of more than one organisation, with or without authority; if criminal gangs have access to such technology; the extent to which any such use has been detected or assessed; and if he will make a statement on the matter. [10248/14]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that there are considerable sensitivities around the provision of the information sought by him and that it is not the practice for obvious security reasons to reveal details of equipment in use by An Garda Síochána or other agencies of the State in the context of tackling serious crime, terrorism or protecting the security of the State.

What I can say is that there are statutory provisions in place governing the interception of communications and to regulate the use of surveillance equipment by An Garda Síochána, the Defence Forces and the Revenue Commissioners. The legislative basis for these activities is found in the Interception of Postal Packets and Telecommunications (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009. Both Acts provide strict conditions and procedures where the carrying out of these functions are concerned. In addition the legislation is subject to judicial oversight and contains provision for redress for members of the public who believe that may have been the victim of improper use of the legislation.

I am informed by the Garda Authorities that there have been examples over the years where criminals and subversive groups have been in possession of sophisticated surveillance and counter surveillance equipment, either for criminal purposes or in an attempt to avoid detection by An Garda Síochána.

Garda Síochána Ombudsman Commission

Questions (204)

Bernard Durkan

Question:

204. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he is satisfied that no breaches of security have occurred in the course of recent or previous alleged incidents which have been reported to the Garda authorities, Garda ombudsman or others since the inception of the Garda Síochána Ombudsman Commission; and if he will make a statement on the matter. [10249/14]

Written answers

Minister for Justice and Equality

I am not aware of any evidence of such breaches of security. As the Deputy will be aware, retired Judge John Cooke has been appointed to examine concerns as to whether the Garda Ombudsman Commission was subject to surveillance.

Garda Síochána Ombudsman Commission Investigations

Questions (205, 206)

Bernard Durkan

Question:

205. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he, his Department officials, the Garda ombudsman or the Garda authorities have had sight of all allegations of alleged misconduct within the respective authorities in each of the past ten years to date; and if he will make a statement on the matter. [10250/14]

Bernard Durkan

Question:

206. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the action or actions taken by the Garda authorities, the office of the Garda ombudsman or his Department in response to allegations of alleged misconduct annually over the past ten years to date; the extent of follow up action; and if he will make a statement on the matter. [10251/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 205 and 206 together.

The Garda Síochána Act 2005 provides for complaints to be made to the Garda Síochána Ombudsman Commission by or on behalf of members of the public. As the Deputy is aware, the Ombudsman Commission is an independent statutory body. The Ombudsman Commission, which has been operational since 9 May, 2007, submits an annual report to me each year relating to its activities in the immediate preceding year, in accordance with section 80 of the Garda Síochána Act 2005. These reports, which are available on their website (www.gardaombudsman.ie), provide details on the number of complaints, the types of allegations and the outcome of investigations.

The Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 provide for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, can report, in confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána.

The first independent Confidential Recipient was appointed in March 2008. It is important to note that, as regards the investigation of individual cases, the Confidential Recipient normally liaises directly with the Garda Commissioner, and neither I nor my Department are involved in the process. Confidential reports are only forwarded to me by the Confidential Recipient in cases where the complaints relate to the Garda Commissioner.

Regulation 15(1) of the Confidential Reporting of Corruption or Malpractice Regulations 2007, requires the Garda Commissioner to report to me not later than four months after the end of each year in relation to any confidential reports made during that year. Based on the information provided by the Commissioner the number of confidential reports for each year since 2008 was as follows:

Year	No. of Reports
2008	2
2009	4
2010	2
2011	1
2012	3
2013	1

I have publicly said that I do not believe the office of the Confidential Recipient and the legislation applicable to it is fulfilling the objective for which it was established. I have stated my intention to abolish the office and to enable members of An Garda Síochána who allege misconduct within the Force to have their complaints considered and addressed by the Garda Síochána Ombudsman Commission. The Cabinet has agreed that an appropriate amendment to the Protected Disclosures Bill 2013 should be prepared to enable the Garda Síochána Ombudsman Commission to be prescribed under that Bill as a body to which disclosures may be made by members of the Garda Síochána.

Interim arrangements will be made to fill the Post of Confidential Recipient by the appointment of a retired judge. Every effort will be made to expedite the necessary consultation process so that the appointment can be made as soon as possible.

Garda Deployment

Questions (207, 208)

Bernard Durkan

Question:

207. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources remain available to combat the activities of organised criminal gangs; if he is satisfied regarding the adequacy and strength of staffing levels to meet ongoing requirements; and if he will make a statement on the matter. [10252/14]

Bernard Durkan

Question:

208. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which adequate resources continue to remain available to the Garda authorities to deal with the ongoing problem of the activities of organised criminal drug dealers; and if he will make a statement on the matter. [10253/14]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 207 and 208 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of all personnel and resources among the Garda Regions, Divisions, and Districts and I have no direct function in that matter. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

Tackling organised crime and drug related crime and those engaged in these activities are key functions of the Garda Síochána and indeed are highlighted in the Policing Plan of An Garda Síochána for 2014. Apart form the work of all members of the Garda Síochána, the National Bureau of Criminal Investigations, the Garda National Drugs Unit and the Criminal Assets Bureau operate at the forefront in this matter.

The Garda National Drugs Unit, working with other national units, including the Organised Crime Unit and the Criminal Assets Bureau, target persons involved in the illicit sale and supply of drugs. The specific strategies put in place by An Garda Síochána, to address drug trafficking include:

- The operation of dedicated Drug Units across the country. Ongoing training programmes for personnel as Divisional Asset Profilers, who have the specific remit of targeting assets of persons who are suspected of being involved in the importation, sale and supply of drugs at local levels;

- Continued close co-operation with the Revenue Commissioners (Customs Service) in the proactive investigation of persons suspected of being involved in drug-trafficking; and

- Given the global nature of the drugs trade international law enforcement co-operation remains a key element in the overall response. In this regard, An Garda Síochána has strong and strategic partnerships in place at international level targeting drug trafficking including in working closely with relevant law enforcement agencies such as Interpol and Europol and participating in the Maritime Analysis Operations Centre for Narcotics based in Lisbon (MAOC-N).

Actions taken against those involved in drug trafficking by our law enforcement agencies is continuing to yield significant results. An Garda Síochána advise that overall Garda drug seizures for 2013 are currently estimated to be valued at €67m.

Crime Data

Questions (209)

Bernard Durkan

Question:

209. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of known criminal gangland members who have in the course of the past five years successfully obtained bail while charged with a previous offence in respect of which they were already on bail; and if he will make a statement on the matter. [10254/14]

Written answers

Minister for Justice and Equality

The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose. The Deputy will be aware that statistics are available from the CSO in relation to offences committed while on bail, as well as with respect with breaches of bail. However, I am advised that the specific information requested is not encompassed within the official crime classification system.

Prison Committals

Questions (210)

Bernard Durkan

Question:

210. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which segregation within the prison service exists to ensure that first-time offenders are not allowed to integrate with serious habitual criminals with a view to ensuring rehabilitative training and encouragement towards a law-abiding lifestyle for first-time offenders; and if he will make a statement on the matter. [10255/14]

Written answers

Minister for Justice and Equality

I can advise the Deputy that there is a standard operational procedure in place to ensure that upon committal, all offenders are assessed and accommodated appropriately according to their needs and specific security status. Dedicated committals units have been established in all committal prisons for this purpose.

To segregate first time committals from the general prisoner population would greatly reduce their access to services.

As the Deputy will be aware, the Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes are available in all prisons and all prisoners are eligible to use the services. On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.

The Irish Prison Service has also been expanding the number of accredited vocational courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled the Irish Prison Service to extend the number of available courses and activities with certification.

The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2012 - 2015. There is a clear commitment in the Strategy to enhance sentence planning including Integrated Sentence Management and the delivery of prison based rehabilitative programmes such as education, work training and resettlement programmes.

Departmental Investigations

Questions (211)

Terence Flanagan

Question:

211. Deputy Terence Flanagan asked the Minister for Justice and Equality his plans to hold an independent judicial inquiry into policing; and if he will make a statement on the matter. [10267/14]

Written answers

Minister for Justice and Equality

I assume the Deputy is referring to the recent allegations made by a Garda whistle-blower. As the Deputy is aware, following a decision by Government, Mr. Sean Guerin, Senior Counsel, has been requested to undertake an assessment of those allegations. Mr Guerin has been asked to report his findings before the Easter recess and to make recommendations. The report will be published immediately and I am on record as stating that, if Mr Guerin recommends a Commission of Inquiry, one will be established.