Written Answers Nos. 30-43
30. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of prisoners who are in prison for non-payment of fines or for non-payment of debts; the percentage of the prison population involved; and if he will make a statement on the matter. [9468/14]
View answerI can advise the Deputy the number of prisoners who are in prison for non-payment of a court ordered fine or for the non-payment of a debt is a tiny fraction of the overall prisoner population. To illustrate this point, on 25 February, 2014, 4 people or 0.10%, out of a prison population of 4,053 were in custody for non-payment of fines. There were no prisoners in custody for non-payment of debt.
I am strongly of the view that we need to keep the numbers of people committed to prison for the non-payment of fines to the absolute minimum. The Fines Payment and Recovery Bill, which was published last July and is before the Seanad (Second Stage) on 26 February, 2014 represents a major reform of our fine payment and recovery system and provides for the payment of fines by instalment and attachment of earnings.
Allowing everyone to pay a fine by instalment and introducing attachment of earnings are important new reforms to the fine collection system which will lead to improved collection rates for fines. The new measures provided for, combined with the requirement that judges must take a person’s financial circumstances into account when setting a fine, should result in a reduction in the number of people committed to prison.
When this Bill is enacted, it will be easier for people to pay a fine and where they fail to do so, there will be sufficient alternatives available to the courts to all but eliminate the need to commit anyone to prison for the non-payment of fines.
32. Deputy Clare Daly asked the Minister for Justice and Equality his views on whether GSOC has been undermined, or strengthened, by the recent surveillance controversy; the action he proposes to take; and if he will make a statement on the matter. [9675/14]
View answerThe 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.
The recent coverage in the media of reports of unlawful surveillance of the Ombudsman Commission has, of course, been a matter of concern. The members of the Ombudsman Commission and I separately appeared before the Joint Committee on Public Service Oversight and Petitions to address questions on this issue from Members of the Committee. In addition, the Government has appointed retired High Court Judge, John Cooke, to conduct an independent inquiry into the reports. The Terms of Reference require him to report on his findings within eight weeks and I look forward to his report.
Separately, 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 was subsequently 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 as to amendments it proposes be made to the 2005 Act. I look forward to receiving the Committee's recommendations.
34. Deputy Niall Collins asked the Minister for Justice and Equality the timeframe for changes to legislation setting out the relationship of the Garda Síochána Ombudsman Commission and An Garda Síochána; and if he will make a statement on the matter. [9579/14]
View answerThe 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, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities, including full police powers of investigation.
On 5 February 2014 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 as to amendments it proposes be made to the 2005 Act. I look forward to receiving their recommendations when the Committee's proceedings have concluded. While it would not be appropriate to put a restrictive time frame on this task, I would anticipate that the Committee will accord due priority to this matter in the context of its work programme.
Separately, the Government this week approved an amendment to the Public Disclosures Bill 2013, currently before Dail Eireann, which will enable the Garda Ombudsman Commission to operate within the architecture of the Bill and receive and investigate reports from Garda whistleblowers.
35. Deputy Thomas Pringle asked the Minister for Justice and Equality if he will outline in tablular format the number of persons granted subsidiary protection in each of the past five years; the number of those refused in each of the past five years; and if he will make a statement on the matter. [9706/14]
View answerThe information requested by the Deputy is set out in the following table.
|
Year |
Subsidiary Protection Granted |
Subsidiary Protection Refused |
Total |
|
2009 |
27 |
804 |
831 |
|
2010 |
4 |
716 |
720 |
|
2011 |
17 |
1,154 |
1,171 |
|
2012 |
37 |
673 |
710 |
|
2013 |
31 |
40 |
71 |
|
Total |
116 |
3,387 |
3,503 |
As the Deputy will be aware I made new Regulations last year governing the investigation and determination of applications for subsidiary protection in the State. The European Union (Subsidiary Protection) Regulations 2013, which came into effect on 14 November 2013, were made to address certain matters which arose from the judgment of the High Court in January 2013 in the MM case. The number of cases finalised in 2013 reflects the impact of the High Court judgement on the processing of Subsidiary Protection applications.
Under the new Regulations, responsibility for the processing of applications for subsidiary protection was transferred from my Department to the Office of the Refugee Applications Commissioner with appeals to be dealt with by the Refugee Appeals Tribunal. Both of these bodies are independent in the exercise of their statutory functions and they have substantial experience in the area of asylum investigations and appeals, respectively. Once the new arrangements have bedded down, my aim is for applications currently on hand to be processed to finality by the statutory bodies concerned in the shortest possible timeframe consistent with quality and fair assessment of all cases and of course, subject to the cooperation of applicants and no further legal impediments arising. In those circumstances I would anticipate very significant inroads to be made on the caseload by the end of 2014.
36. Deputy Clare Daly asked the Minister for Justice and Equality if he will launch an independent inquiry into the Garda treatment of a person (details supplied). [9676/14]
View answerThe position is that Mr Bailey is currently involved in legal proceedings against the Minister for Justice and Equality, the Garda Commissioner, Ireland and the Attorney General. It would therefore be inappropriate for me to comment on this case.
37. Deputy Mick Wallace asked the Minister for Justice and Equality if he will confirm that he has formally requested both the Garda Commissioner and the Lieutenant General of the Defence Forces to make detailed inquiries into whether any authorised surveillance or interception of GSOC was ordered under either the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 or any part of the Criminal Justice (Surveillance) Act 2009 or unauthorised surveillance of GSOC has been conducted to include rogue elements of either organisation; if and on what dates he received satisfactory assurances in response to those formal requests; if this correspondence has been passed to Mr. Justice Cooke for his consideration; and if he will consider reform of the oversight of surveillance mechanisms in the State. [9720/14]
View answerThe Deputy will be aware that the Government has appointed retired High Court Judge John Cooke to conduct the Independent Inquiry into Reports of Unlawful Surveillance of the Garda Siochána Ombudsman Commission.
In the circumstances I believe it would be inappropriate for me to comment further on the matter.
39. Deputy Mick Wallace asked the Minister for Justice and Equality the reason the terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of the covert surveillance and do not allow for consideration of the role of the Garda Commissioner, rogue or retired gardaí, the Minister or the G2 intelligence branch of the Defence Forces; and the reason he chose to order a paper review with no statutory basis to be completed by a judge who has not been granted judicial powers. [9719/14]
View answer176. Deputy Mick Wallace asked the Minister for Justice and Equality the reason Mr. Justice Cooke has not been granted judicial powers of compellability with regard to witnesses and the production and preservation of evidence and physical powers of entry and inspection; the reason terms of reference for the GSOC paper review do not request inquiries to be conducted to identify the source of any covert surveillance and do not allow for consideration of the role if any of the Garda Commissioner, rogue or retired gardaí, the Minister or the G2 intelligence branch of the Defence Forces; the reason he chose to order a paper review with no statutory basis; and if he will make a statement on the matter. [9750/14]
View answer218. Deputy Micheál Martin asked the Minister for Justice and Equality the resources that will be made available to Mr. Justice Cooke in his review of the potential bugging of GSOC incident; if witnesses will be compelled to attend hearings and all documents legally obliged to be submitted; and if he will make a statement on the matter. [10294/14]
View answerI propose to take Questions Nos. 39, 176 and 218 together.
On 18 February, 2014 I gave the Cabinet my assessment of the potential damage to both the Garda Síochána Ombudsman Commission and the Garda Síochána, and more widely to public confidence in the enforcement of law, from the ongoing controversy relating to reports of unlawful surveillance of GSOC. The manner in which this controversy had continued, and the new information I had received, led me to the view that it was in the public interest that measures be taken to ensure that the full truth is established beyond dispute. In the light of that, I and my Cabinet colleagues agreed to the appointment of a retired High Court Judge to inquire into all matters of relevance to the controversy.
The Government subsequently appointed retired High Court Judge John Cooke to conduct an independent Inquiry into the reports of unlawful surveillance of the GSOC. The Terms of Reference for the Inquiry were agreed by the Government, on the advice of the Attorney General, and are available on the Department of the Taoiseach's website (www.taoiseach.gov.ie). Judge Cooke has been asked to report on these matters within 8 weeks or as soon as may be thereafter.
Judge Cooke will be provided with any technical and secretarial assistance he requires, and I expect that all parties will co-operate fully with him.
40. Deputy Niall Collins asked the Minister for Justice and Equality if he will provide an update on the senior counsel investigation into the serious crimes review team report into the death of Fr. Niall Molloy; the timeframe for completion of same; the process following its completion; and if he will make a statement on the matter. [9581/14]
View answer41. Deputy Mick Wallace asked the Minister for Justice and Equality the reason he chose a review of the cold case file into the murder of Fr. Niall Molloy by a senior counsel, rather than an independent public inquiry; and if he will make a statement on the matter. [9718/14]
View answerI propose to take Questions Nos. 40 and 41 together.
Following completion of the necessary practical arrangements, Mr. Dominic McGinn, Senior Counsel, has been formally appointed, with effect from 11 February 2014, to carry out the proposed independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy. While Mr. McGinn's terms of reference require that he complete this examination as soon as possible, it is not possible to provide a precise timescale in this regard.
Insofar as the nature of this review is concerned, I have previously outlined that it is intended that the review would serve two functions.
In the first instance, and in accordance with his terms of reference, Mr. McGinn will prepare a report on any issues of public interest which may arise from the report of the Serious Crime Review Team, with due regard to the rights of those involved, so as to facilitate his report being put into the public domain.
Secondly, and insofar as the question of any further inquiry is concerned, the position is that Mr.McGinn's terms of reference require that, taking into account existing mechanisms for the investigation of offences, he identify matters, if any, of significant public interest or concern which would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth. Proceeding to establish a further inquiry at this point would pre-empt this independent assessment.
My immediate priority is to allow the Senior Counsel to carry out his examination so that the maximum amount of information can be put into the public domain at the earliest possible date, at which point I will also give full consideration to the outcome of the examination concerning any further inquiry.
42. Deputy Charlie McConalogue asked the Minister for Justice and Equality his plans to increase the number of gardaí along the Border areas in County Donegal to deal with the increase in criminal activity; and if he will make a statement on the matter. [9537/14]
View answer43. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the numbers of Garda personnel serving in County Donegal for the years 2007, 2008, 2009, 2010, 2011, 2012, 2013 and to date in 2014. [9726/14]
View answer45. Deputy Charlie McConalogue asked the Minister for Justice and Equality his plans to provide additional Garda resources to County Donegal in view of the ongoing level of burglaries along the Border area; and if he will make a statement on the matter. [9536/14]
View answerI propose to take Questions Nos. 42, 43 and 45 together.
As the Deputies will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts and I have no direct function the 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.
I share the Deputies' concerns in relation to burglaries and other crimes. I am aware that in order to counter these recent crimes the Garda Commissioner established a Divisional Operation which is currently in force in the Donegal Division. Additional resources are being deployed in the area and with a particular focus on crimes against the elderly. The Gardaí are determined to identify those responsible for this criminal activity and to bring them before the Courts.
This operation, consisting of intelligence led patrols, checkpoints, intelligence gathering and analysis is being run in conjunction with the National and Regional Operations Fiacla and Airgead, which were specifically set up to combat instances of criminality, including burglary and related crimes. Targeted patrolling has been intensified following the recent incidents of burglaries and related crimes and there is ongoing and excellent liaison between the PSNI and An Garda Síochána.
Members of An Garda Síochána are utilising all available resources and legislation. An Garda Síochána will continue to develop and implement strategies available to dismantle and disrupt criminal networks, utilising advanced analytical and intelligence methods to facilitate targeted operations in order to enable early intervention and prevention of such crimes. Garda actions to counteract burglary have been very successful and under Operation Fiacla have led to the arrest of 7,973 persons and 4,558 persons being charged as of 31 January 2014.
There are 409 Gardaí assigned to the Donegal Division together with 28 Garda Reserves and 29 civilian staff. There are also national units such as the Garda National Drug Unit and the National Bureau of Criminal Investigation which are also available to help the Gardaí when needed. The personnel strength of each Garda Station in the Donegal Garda Division on 31 December 2007 to 2013 and on 31 January 2014, the latest date for which figures are readily available, is set out in the following table.
|
Station/District |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
Letterkenny |
129 |
132 |
123 |
114 |
104 |
107 |
103 |
103 |
|
Carrigans |
5 |
5 |
5 |
5 |
5 |
5 |
2 |
2 |
|
Castlefin |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
4 |
|
Brocach |
1 |
1 |
1 |
1 |
1 |
0 |
Closed |
Closed |
|
Newtowncunningham |
2 |
4 |
4 |
4 |
3 |
2 |
2 |
2 |
|
Raphoe |
4 |
4 |
4 |
2 |
3 |
4 |
3 |
3 |
|
Lifford |
15 |
13 |
13 |
16 |
17 |
15 |
14 |
14 |
|
Ballybofey |
22 |
25 |
23 |
25 |
24 |
23 |
25 |
25 |
|
Convoy |
4 |
3 |
4 |
4 |
3 |
3 |
3 |
3 |
|
Buncrana |
48 |
50 |
49 |
57 |
50 |
53 |
50 |
48 |
|
Burnfoot |
14 |
15 |
15 |
5 |
6 |
6 |
5 |
5 |
|
Carndonagh |
6 |
5 |
5 |
3 |
4 |
3 |
5 |
5 |
|
Clonmanny |
2 |
1 |
1 |
1 |
2 |
2 |
1 |
1 |
|
Malin |
7 |
5 |
4 |
4 |
3 |
1 |
Closed |
Closed |
|
Culdaff |
1 |
1 |
0 |
0 |
0 |
0 |
Closed |
Closed |
|
Moville |
9 |
10 |
6 |
6 |
7 |
4 |
4 |
4 |
|
Muff |
3 |
4 |
4 |
4 |
4 |
3 |
4 |
4 |
|
Milford |
27 |
31 |
28 |
27 |
27 |
26 |
27 |
27 |
|
Carrigart |
3 |
3 |
3 |
3 |
3 |
2 |
2 |
2 |
|
Kerrykeel |
3 |
3 |
4 |
4 |
4 |
4 |
3 |
3 |
|
Kilmacrennan |
2 |
2 |
2 |
2 |
2 |
1 |
1 |
1 |
|
Churchill |
1 |
1 |
1 |
1 |
1 |
1 |
Closed |
Closed |
|
Dunfanaghy |
4 |
4 |
3 |
3 |
2 |
2 |
2 |
2 |
|
Craosloch |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Falcarragh |
6 |
6 |
9 |
8 |
9 |
9 |
9 |
9 |
|
Ramelton |
4 |
4 |
4 |
4 |
2 |
2 |
2 |
2 |
|
Rathmullen |
1 |
1 |
0 |
1 |
1 |
1 |
1 |
1 |
|
Glenties |
27 |
28 |
26 |
29 |
25 |
19 |
16* |
16* |
|
Annagry |
2 |
2 |
1 |
1 |
1 |
1 |
Closed |
Closed |
|
Ardara |
3 |
3 |
3 |
3 |
3 |
2 |
1 |
1 |
|
Bunbeag |
8 |
7 |
8 |
11 |
15 |
14 |
17 |
17 |
|
Burtonport |
2 |
2 |
2 |
1 |
1 |
1 |
1 |
1 |
|
Clougher |
1 |
1 |
1 |
1 |
1 |
0 |
0 |
0 |
|
Doochary |
0 |
0 |
0 |
0 |
0 |
Closed |
Closed |
Closed |
|
Dungloe |
8 |
11 |
12 |
9 |
8 |
12 |
7 |
7 |
|
Carrick |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
2 |
|
Gleann Cholmcille |
1 |
1 |
1 |
1 |
1 |
1 |
Closed |
Closed |
|
Ballyshannon |
35 |
35 |
35 |
47 |
47 |
45 |
48 |
48 |
|
Ballintra |
2 |
2 |
2 |
2 |
2 |
1 |
1 |
1 |
|
Bundoran |
12 |
12 |
10 |
8 |
6 |
6 |
6 |
6 |
|
Donegal Town |
34 |
34 |
37 |
34 |
33 |
32 |
29 |
29 |
|
Pettigo |
1 |
1 |
1 |
1 |
0 |
0 |
1 |
1 |
|
Dunkineely |
1 |
1 |
0 |
0 |
0 |
Closed |
Closed |
Closed |
|
Na Cella Beaga |
7 |
6 |
6 |
6 |
6 |
6 |
6 |
6 |
|
Mountcharles |
2 |
2 |
1 |
1 |
1 |
1 |
1 |
1 |
|
Total |
476 |
488 |
468 |
486 |
444 |
427 |
409 |
407 |
*On 11 November 2013, Glenties District was realigned into 3 expanded Districts of Ballyshannon, Milford and Letterkenny
