Written Answers Nos. 1-15
9. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the funding for the training and retraining of dogs used in detecting drugs in the prison system; if he is committed to maintaining this service; and if he will make a statement on the matter. [19276/14]
View answerI wish to advise the Deputy that the current contract for the provision of training services to the Irish Prison Service Canine Unit will expire in the very near future. The options regarding the provision of future training services are currently being explored.
The Deputy will appreciate that the release of such sensitive data could compromise and undermine the legitimacy of any future tendering process. This could lead to a less than competitive outcome, as parties intending to submit a tender could be guided by the previous expenditure levels.
I can assure the Deputy that the Irish Prison Service is fully committed to maintaining the current level of vigilance in targeting the flow of contraband into the prisons and in identifying those responsible for same.
As such the Irish Prison Service is engaged in training staff to deliver an accredited training module for the Drug Detection Dog Teams. All teams are being trained to a high standard to ensure that the screening process and procedures are maintained across the Estate.
The Canine Unit will remain an integral part of the Irish Prison Services commitment to preventing drugs entering the prison system.
10. Deputy Clare Daly asked the Minister for Justice and Equality his views regarding racial or ethnic profiling within An Garda Síochána; and the action he will take to prohibit this activity. [19292/14]
View answer19. Deputy Mick Wallace asked the Minister for Justice and Equality if his position and belief has now changed regarding the existence of racial or ethnic profiling within An Garda Síochána as indicated by his comments at the annual conference of Garda superintendents on 9 April 2014; the action he will now take and legislation he will now introduce to address these concerns, to include legislation prohibiting Garda racial profiling as recommended by the UN and the Council of Europe. [19271/14]
View answerI propose to take Questions Nos. 10 and 19 together.
Firstly, let me make my position quite clear. I would find it totally unacceptable if any member of the Garda Síochána were to engage in any discriminatory profiling, whether based on race, ethnic origin or otherwise, and I am quite sure that the Garda Commissioner shares my view in this matter.
In fact, I am assured by the Garda Commissioner that the Garda Síochána does not as an institution engage in discriminatory profiling, and specifically that it does not engage in data gathering or data mining based upon discriminatory profiling in respect of race, colour, language, religion, nationality, national or ethnic origin, ethnicity or membership of the traveller community. I am also advised that, in this regard, the Garda Síochána has adopted the definition of racial profiling used by the European Commission on Racism and Intolerance, namely the "use by the police, with no objective and reasonable justification, of grounds such as race, colour, language, religion, nationality or national or ethnic origin, in control, surveillance or investigation activities". I am also informed that the importance of adhering to best practice in this area is reinforced throughout the range of human rights training provided through Garda training programmes. I regard it as of the utmost importance that such training is widely provided to Members of An Garda Síochána.
It is very important that these clear principles are respected at an individual level in day-to-day policing. We all understand that Gardaí are often required to assess situations, draw conclusions and take action under pressure based on the available information. However, it is very important to ensure that no element of stereotyping or prejudice consciously or unconsciously informs their decisions, and that lessons are continuously learned in policing what is now a multi-cultural society.
I should also say that an area where racial identity and the law comes into particular focus is immigration control. I believe however that it is perfectly possible to operate an effective system of immigration control without resorting to discriminatory ethnic profiling but relying instead on good intelligence and the professional judgment and experience of our Gardaí and immigration officers, and indeed this has been demonstrated to be the case.
In this connection, as the Deputy will be aware, the Ombudsman for Children, Emily Logan, was appointed by me to carry out an independent Inquiry, under Section 42 of the Garda Síochána Act 2005, into the circumstances surrounding two children from two different Roma families being taken temporarily into care in October 2013. Ms Logan has now submitted her report to me and, subject to certain requisite legal matters being addressed, this report will be published. I am not in a position to comment on this report prior to its publication, but this will provide an opportunity for us to discuss these issues again.
11. Deputy John Lyons asked the Minister for Justice and Equality the number, geographic distribution and use of joint policing committees in tackling anti-social behaviour; if additional resources have been provided to the Garda, particularly for community policing in tackling anti-social behaviour; and if he will make a statement on the matter. [19069/14]
View answerThe functions and powers of Joint Policing Committees (JPCs) are set out in the Garda Síochána Act 2005, which provides for a Committee in each local authority area. The Act provides that JPCs operate under guidelines issued by the Minister for Justice and Equality after consultation with the Minister for the Environment, Community and Local Government.
JPCs are a partnership process involving An Garda Síochána and the elected national and local representatives for the area, with the participation of the community and voluntary sector and local authority officials. The essential role of the Committees is to advise and make recommendations to local Garda management and to the local authority in relation to relevant local issues. While anti-social behaviour is certainly addressed by JPCs, I would like to clarify that JPCs are not an additional administrative or operational entity and that the implementation of policing strategy in an area remains a matter for the Gardaí. Likewise, JPCs do not supplant the proper role of local authorities in carrying out their functions. However, JPCs do have an important role in supporting collaborative actions between local stakeholders and this promotes a more efficient and co-ordinated approach to addressing policing and crime prevention issues in the area in question.
In so far as the resources for community policing are concerned, as the Deputy will appreciate, the Garda Commissioner is responsible for the deployment of Garda resources. I can assure him, however, that Garda management keep that deployment 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. Each Garda District and Divisional Officer also configures their policing response to local conditions to ensure that an appropriate policing service is continuously delivered to the local area and there is extensive engagement with the community on issues of concern as and where they arise.
I should also note that, as the Deputy may be aware, I initiated the review of the operation of Joint Policing Committees in the context of the commitment in the Programme for Government to build on existing community policing partnerships. My Department, together with the Garda authorities and the Department of the Environment, Community and Local Government has examined the feedback obtained during the review process, as well as related issues arising from the broader process of local government reform. I can advise the Deputy that recommendations concerning revisions to the JPC guidelines are at an advanced stage of preparation.
12. Deputy Mick Wallace asked the Minister for Justice and Equality if he will detail and publish his strategy and An Garda Síochána action plan addressing the concerns and recommendations arising from the Data Protection Commissioner’s internal audit in March 2014; and if he will make a statement on the matter. [19269/14]
View answerThe Data Protection Commissioner published a data protection audit report in March this year in relation to An Garda Síochána covering the period 2011 to October 2013. It includes a number of detailed recommendations made to An Garda Síochána arising from the audit along with the responses of An Garda Síochána. The full report is available on the website of An Garda Síochána at www.garda.ie.
An Garda Síochána must of course take its obligations under the Data Protection legislation very seriously. I am pleased to note that the main finding of the report was that the majority of the areas examined demonstrated a professional police force operating in compliance with data protection legislation. I am advised that the implementation of many of the recommendations in the report was already well advanced or completed by an Garda Síochána by the end of the audit, and that an Garda Síochána intend to implement any outstanding recommendations as soon as possible, subject to any necessary changes to legislation.
A central focus of the audit was the PULSE system. The report expressed concerns in relation to the oversight of access by individual members of An Garda Síochána to records of individuals and the related risk of disclosure outside of An Garda Síochána. While this is of course a matter for concern, it should be borne in mind that a number of Gardaí have been subject to discipline for inappropriate access to PULSE within the period under review, and the Data Protection Commissioner has acknowledged that An Garda Síochána have taken steps to counter any future inappropriate access to PULSE.
I am further advised that the Garda Professional Standards Unit has also worked with the Garda IT Centre to develop a report that will allow District Officers to review checks that are carried out by members under their control and in particular the reasons being recorded on the PULSE system for these checks.
An Garda Síochána will continue to work closely with the Data Protection Commissioner to ensure its delivery of best practice in data protection.
13. Deputy Michael Conaghan asked the Minister for Justice and Equality in view of best practice in other jurisdictions and to enhance transparency and accountability in our policing infrastructure if he will consider establishing a policing board as a matter of urgency. [19070/14]
View answerAt a recent meeting the Government established a new Cabinet Committee on Justice Reform to oversee the development of proposals for an independent police authority and to have this new body in place by the end of 2014.
The Cabinet Committee is chaired by the Taoiseach and it also comprises the Tánaiste, the Minister for Justice and Equality and the Minister for Communications, Energy and Natural Resources. In addition, the Attorney General attends the meetings of the Committee.
The Cabinet Committee has commenced its work and the Deputy can be assured that the police authority project will be taken forward on a priority basis, including the enactment of the new legislation that will be required.
14. Deputy Mick Wallace asked the Minister for Justice and Equality if he forward a document which summarises the differences between the Verrimus report and the RITS peer review regarding GSOC bugging; and if he will make a statement on the matter. [19270/14]
View answerDuring my appearance before the Joint Committee on Pubic Service, Oversight and Petitions on 19 February 2014 to discuss reports that the Garda Síochána Ombudsman Commission may have been subject to unlawful surveillance, I undertook to see if I could provide the Committee with any details of the main points of potential difference between the Verrimus report provided by GSOC and the related expert opinion by RITS provided to my Department.
As I explained at the hearing, and in a subsequent letter to the Committee of 11 March, 2014, I am very conscious that retired High Court Judge John Cooke has been appointed to conduct an independent inquiry into the reports of unlawful surveillance of GSOC. I am anxious not to say or do anything which could be seen as in any way trespassing upon this independent inquiry, so I am constrained in what I can say, especially as neither the Verrimus nor the RITS reports have been published and both are among the documents being examined by the inquiry.
In my letter to the Committee of 11 March 2014 I provided information on the main issues identified by RITS. In a subsequent letter to the Committee on 7 April, 2014 I further explained that to go beyond this would, I believe, effectively require making public the report and the expert opinion, or at least key elements of them, at a time when these confidential documents form a critical part of the material under inquiry by Judge Cooke. As indicated in that letter, I would suggest that, in circumstances where the report of Judge Cooke is expected shortly, it would be best at this stage to await his findings.
15. Deputy Niall Collins asked the Minister for Justice and Equality his plans to change gun licensing laws here; the consultations he has held on the matter; the recommendations from the Garda; and if he will make a statement on the matter. [19265/14]
View answer534. Deputy Denis Naughten asked the Minister for Justice and Equality if he has received recommendations regarding changes to the licensing of firearms following an examination between his Department and An Gárda Síochána; the current status of such proposals; if he will consult with relevant stakeholders; and if he will make a statement on the matter. [18633/14]
View answer570. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality his plans to engage with stakeholders prior to completing his review on firearms. [18978/14]
View answer601. Deputy Willie Penrose asked the Minister for Justice and Equality if he is aware of the serious concerns being expressed by shooting, hunting and sporting interests in relation to the firearms licensing system and the need for an independent licensing system which has its primary focus on the character of the applicant and the safety and security of the citizens arising therefrom; if he has received the submission form the sports coalition dealing with a fundamental review of the system (details supplied) if consideration will be given to opening dialogue with these stakeholders in respect thereof; and if he will make a statement on the matter. [19549/14]
View answerI propose to take Questions Nos. 15, 534, 570 and 601 together.
In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the judiciary, my Department is currently examining key policy, legislative, administrative and other issues relating to firearms licensing in conjunction with An Garda Síochána. I expect to receive and consider a report in relation to these matters within 2 months. When I have considered that report I will consider what further action is necessary in relation to the firearms licensing system, including the proposal from interest groups for an examination of relevant administrative issues by the Garda Inspectorate.
Officials of my Department met key interest groups in late 2013 and early 2014 who set out their concerns in relation to a range of issues regarding firearms licensing at that time. These interest groups have also communicated their views directly to me, as well as to all Oireachtas members.
Further consultation with relevant stakeholders will take place when I have considered the report and before any decisions are finalised in relation to proposals for change to the firearms licensing system.
