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Wednesday, 30 Apr 2014

Written Answers Nos. 605-22

Crime Prevention

Questions (605, 610)

Bernard Durkan

Question:

605. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he and his Department have examined policing practices and structures in other jurisdictions with a view to availing of the best such practices for application here; and if he will make a statement on the matter. [19578/14]

View answer

Bernard Durkan

Question:

610. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána continues to have available the necessary resources to identify, isolate and put out of business the various criminal gangs operating throughout this country who are based in this jurisdiction or overseas; and if he will make a statement on the matter. [19583/14]

View answer

Written answers

I propose to take Questions Nos. 605 and 610 together.

As the Deputy will be aware, one of the primary functions of the Garda Commissioner is to direct and control An Garda Síochána. In that context the Garda authorities have confirmed that they monitor policing developments in other jurisdictions on an on-going basis with a view to identifying international best practice in the areas concerned and to promoting its application throughout the Garda organisation. In addition the Deputy will appreciate that in the course of its activities the Garda Síochána Inspectorate frequently takes account of and makes recommendations based on initiatives undertaken by police forces outside the State.

Within An Garda Síochána the allocation of resources, including personnel, is a matter for the Garda Commissioner. The implementation of this task is constantly measured against the strategic objectives set out in the Garda Policing Plan 2014, which contains a commitment to pro-actively target groups and individuals engaged in criminal activity, including organised crime activity of a national and transnational dimension.

To achieve this the Garda authorities have adopted a multi-disciplinary approach which incorporates the use of advanced analytical and intelligence methodologies, targeted operations at the local and community level and ongoing cooperation with the Police Service of Northern Ireland, police forces from other jurisdictions, and international policing agencies such as Europol and Interpol. Gardaí in National Units and local Divisions engaged in these targeted activities are supported by the Organised Crime Unit which focuses specifically on preventing and disrupting the activities of groups engaged in organised crime.

Prisoner Releases

Questions (606)

Bernard Durkan

Question:

606. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners on parole of short, medium or long duration in each of the past six years to date; and if he will make a statement on the matter. [19579/14]

View answer

Written answers

As the Deputy is aware periods of temporary release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months in the case of a life sentence prisoner who has been released into the community a considerable time ago. It is not possible to provide figures to the Deputy for all forms of temporary release as this would require the manual examination of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources. I can advise the Deputy that the number of prisoners on temporary release on 29 April 2014 was 714 which represented approximately 14.6% of the overall prison population.

Prisoner Data

Questions (607)

Bernard Durkan

Question:

607. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners currently deemed to have absconded in each of the past six years to date; the number recaptured; the number still at large; the extent to which any such persons have been found guilty of serious offences or are likely to re-offend; and if he will make a statement on the matter. [19580/14]

View answer

Written answers

I can inform the Deputy that the number of prisoners deemed to have absconded from the custody of the Irish Prison Service in each of the past six years to date is set out in the following table.

Year

Number of Absconders

2008

122

2009

133

2010

112

2011

86

2012

63

2013

18

2014

2

As on 25 April 2014, Irish Prison Service records indicate that of the 536 persons who absconded during this time period, 40 remain unlawfully at large. Gardaí are informed when prisoners abscond and they have the power to detain, arrest, and return such persons to prison. Experience has shown that the vast majority of offenders who abscond return voluntarily or are returned to custody to complete their sentences within a short time frame.

With regard to the extent to which any such persons have been found guilty of serious offences or are likely to re-offend, it is not possible to provide figures to the Deputy as this would require the examination of records going back over this considerable time period. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.

I also wish to advise the Deputy that in October 2012, the Director General of the Irish Prison Service established a project team to examine how the Irish Prison Service might reduce the number of prisoners who are unlawfully at large from custody. The project team has worked closely with An Garda Síochána and the Department of Social Protection and its work has led to the recommittal of a number of prisoners who had absconded from custody. This project is ongoing.

Garda Strength

Questions (608, 609)

Bernard Durkan

Question:

608. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current strength of An Garda Síochána; the extent to which the numbers have fluctuated in each of the past seven years to date; and if he will make a statement on the matter. [19581/14]

View answer

Bernard Durkan

Question:

609. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total number of women members of An Garda Síochána, at all ranks at present; the degree to which the numbers have fluctuated over the past ten years to date; and if he will make a statement on the matter. [19582/14]

View answer

Written answers

I propose to take Questions Nos. 608 and 609 together.

I have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2004 to 2013 and on 28 February 2014, the latest date for which figures are readily available, broken down by rank and gender is set out in the following tables :

Rank

31/12/04

31/12/04

31/12/05

31/12/05

31/12/06

31/12/06

31/12/07

31/12/07

-

Male

Female

Male

Female

Male

Female

Male

Female

Commissioner

1

0

1

0

1

0

1

0

D/Commissioner

2

0

2

0

2

0

2

0

A/Commissioner

10

1

11

1

10

1

10

2

C/Superintendent

46

1

44

3

43

3

50

2

Superintendent

164

4

168

5

159

7

176

9

Inspector

276

15

270

18

269

18

308

22

Sergeant

1819

131

1779

147

1777

168

1869

214

Garda

7834

1905

7809

2006

8185

2311

8505

2585

Total

10152

2057

10084

2180

10446

2508

10921

2834

Rank

31/12/08

31/12/08

31/12/09

31/12/09

31/12/10

31/12/10

31/12/11

31/12/11

-

Male

Female

Male

Female

Male

Female

Male

Female

Commissioner

1

0

1

0

1

0

1

0

D/Commissioner

2

0

2

0

1

0

1

1

A/Commissioner

11

1

10

1

9

1

7

0

C/Superintendent

49

3

37

2

41

4

33

4

Superintendent

177

10

156

11

158

12

137

12

Inspector

321

23

295

22

310

26

294

25

Sergeant

1971

258

1814

264

1835

300

1732

292

Garda

8750

2835

8830

3102

8576

3103

8287

3068

Total

11282

3130

11145

3402

10931

3446

10492

3402

Rank

31/12/12

31/12/12

31/12/13

31/12/13

28/02/2014

28/02/2014

-

Male

Female

Male

Female

Male

Female

Commissioner

1

0

1

0

1

0

D/Commissioner

1

1

0

1

0

1

A/Commissioner

9

0

8

0

8

0

C/Superintendent

37

4

40

4

39

4

Superintendent

138

15

132

15

132

15

Inspector

241

21

245

25

243

25

Sergeant

1623

280

1570

290

1559

289

Garda

8011

3042

7762

3000

7743

2998

Total

10061

3363

9758

3335

9725

3332

Question No. 610 answered with Question No. 605.

Prisoner Data

Questions (611)

Bernard Durkan

Question:

611. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total prison population at present; the extent to which the numbers have fluctuated in the past ten years to date; and if he will make a statement on the matter. [19584/14]

View answer

Written answers

I can advise the Deputy that on 29th April, 2014 there were 4,031 prisoners in custody against a bed capacity of 4,175 which represented an occupancy level of 97%. The average number of prisoners in custody in Ireland has risen in the last 10 years, from 3,199 during 2004 to 4,158 during 2013, an increase of over 29%. Likewise the total number of committals to prison has also risen sharply during the same period, from 10,657 in 2004 to 17,026 in 2012 – an increase of over 59%. However the trend of increasing committals to prison seems to have abated. 2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which is a decrease of 7.6% on the 2012 total of 17,026.

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 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 2013, 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 adjacent green-field site. The new prison will have an average daily capacity of circa 275 prisoners which is broadly similar to the current daily average. The plan also includes the proposed demolition of the early 19th century “A” & “B” blocks in Limerick and replacement with modern accommodation and related facilities will eliminate the practice of “slopping-out” and alleviate the current overcrowding difficulties.

You will be aware that I have announced a number of initiatives and programmes to alleviate over-crowding in the prison system. The Irish Prison Service Three Year Strategic Plan also 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 Provision

Questions (612)

Bernard Durkan

Question:

612. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the Garda transport fleet has been updated on an annual basis since 2008; and if he will make a statement on the matter. [19585/14]

View answer

Written answers

As the Deputy will be aware the provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of identified operational circumstances and the availability of resources. I am advised by the Garda authorities that the number of vehicles purchased between the years 2008 to 2013 is as shown in the following table:

Garda Vehicle Allocations

2013

2012

2011

2010

2009

2008

438

213

52

165

0

190

I am, of course, conscious of the importance of the Garda fleet and, in that regard, the Deputy will be aware that I recently secured a further €9m for investment in the fleet. This investment resulted in the purchase of 305 new Garda vehicles towards the end of 2013, at a cost of €5 million. These were in addition to the 133 new Garda vehicles which had already been procured during the year. The remaining €4 million has been made available for the purchase and fit out of Garda vehicles in 2014.

The most recent investment will bring to €18m the total amount spent on the Garda fleet for the three years 2012 to 2014. This represents a very 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 that, to the greatest extent possible, An Garda Síochána are provided with sufficient resources to enable them to deliver an effective and efficient policing service.

Crime Data

Questions (613)

Bernard Durkan

Question:

613. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which persons remanded on bail have been noted to re-offend in each of the past five years to date; and if he will make a statement on the matter. [19586/14]

View answer

Written answers

In relation to the statistics requested by the Deputy, the Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office, as the national statistical agency, and the CSO has established a dedicated unit for this purpose. I have requested the CSO to provide relevant statistics directly to the Deputy. I can inform the Deputy that the drafting of the General Scheme of a Bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the first half of this year, if possible, having regard to other legislative priorities. It has, unfortunately, not been possible to progress this legislation as quickly as I had hoped due to other legislative imperatives.

I am conscious of public concern about the extent to which offences are committed by persons on bail. I share that concern and believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I am taking the opportunity in this legislation to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to restructure the law so that 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.

Crime Data

Questions (614)

Bernard Durkan

Question:

614. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the various forms of crime have fluctuated on the basis of statistics available over the past seven years to date; and if he will make a statement on the matter. [19587/14]

View answer

Written answers

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. I have requested the CSO to provide statistics directly to the Deputy.

Judicial Appointments

Questions (615)

Bernard Durkan

Question:

615. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of judicial vacancies at District Court, Circuit Court and higher courts; and if he will make a statement on the matter. [19588/14]

View answer

Written answers

The Government recently nominated two District Court judges who are due to be appointed shortly to fill two vacancies in the District Court. There are currently no vacancies in the Supreme Court, the High Court and the Circuit Court.

Prison Accommodation Provision

Questions (616)

Bernard Durkan

Question:

616. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate or sufficient prison spaces are available to meet requirements at the present time; and if he will make a statement on the matter. [19589/14]

View answer

Written answers

I wish to inform the Deputy that the overall bed capacity of the Irish Prison System is 4,175. On 29th April 2014 there were 4,031 prisoners in custody. This represents 97% occupancy.

I wish to inform the Deputy that at the end of January 2014, there were 3,172 usable cells in the prison system. 1,854 prisoners were accommodated in single cells which accounted for 47% of all prisoners (3,973). In addition, there were 809 cells which accommodated 2 prisoners, 121 cells which accommodated 3 prisoners and 36 cells which accommodated 4 or more prisoners. As the Deputy will appreciate the Irish Prison Service must accept all prisoners committed by the Courts into its custody and does not have the option of refusing committals. The Deputy will appreciate that my officials are concentrating on aligning our prisoner population numbers with the Inspector of Prisons' recommendations in those prisons with the highest levels of over-crowding, namely Cork Prison, Limerick Prison and the Dochas Centre.

In addition, a 40 month capital programme is being implemented to eliminate slopping out and to improve prison conditions in the older part of the prison estate. I am advised by my officials that work is continuing on the modernisation project at Mountjoy prison. "D" Wing is the last wing requiring refurbishment and on the completion of this, all cells in Mountjoy prison will have in cell sanitation facilities. The contract is due to issue in the near future and this will complete slopping out in Mountjoy Prison in 2015. Planning is continuing in respect of the refurbishment and modernisation of "D" Wing workshops.

Refurbishment of the Mountjoy B and C wings was completed in 2012. "A" wing commenced in early January 2013 and was occupied early this year. In relation to Cork Prison, the contract was awarded late last year and construction began in January, 2014 with a completion date on the third quarter of 2015. The Business Case for the Limerick Prison project was submitted to the Department of Public Expenditure Reform in June of last year and approval has been received to advance the project to detail design stage. A number of enabling project works have commenced and the main tender documents are due to issue in the latter part of 2014. When the Limerick project is completed there will be additional spaces available to the female prisoner population there also.

Crime Investigation

Questions (617)

Bernard Durkan

Question:

617. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress is reported in respect of ongoing investigation into the various so-called cold cases; if new evidence continues to emerge; and if he will make a statement on the matter. [19590/14]

View answer

Written answers

I am informed by the Garda authorities that the Serious Crime Review Team (SCRT) is currently engaged in the review of a number of historical cases. The function of the SCRT is to assist the Senior Investigating Officers assigned to the case in question in bringing investigations to a successful conclusion by identifying further investigative opportunities and ensuring that investigations conform to approved best practice guidelines.

Insofar as the reporting of progress is concerned, at the conclusion of each review a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation for dissemination back into the investigative and operational units. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána. As these matters relate to criminal investigations, the Deputy will appreciate that the reports produced are not put into the public domain.

In addition to the cases currently under review, I am further informed that there are a number of cases before the courts which have been the subject of review by the Serious Crime Review Team and files are also with the Director of Public Prosecutions (DPP) for decision as to whether a prosecution should be initiated. A number of cases have been returned for further attention by the Senior Investigating Officer and the local investigation team, while other cases are under preliminary consideration to evaluate the viability of a full review.

State Pathologists

Questions (618)

Bernard Durkan

Question:

618. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he continues to remain satisfied regarding the availability of resources including adequate staffing at the State Pathologist’s office; the degree to which such staffing levels compares with that in other jurisdictions; and if he will make a statement on the matter. [19591/14]

View answer

Written answers

It is a matter for the State Pathologist to determine how her Office operates and in that regard I have been informed that the necessary operational arrangements have been put in place by the State Pathologist to ensure the continued efficient running of her Office. Additionally, the question of appointing a replacement Deputy State Pathologist is being actively pursued.

Legal Aid

Questions (619)

Bernard Durkan

Question:

619. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which free legal aid continues to be made available in respect of those on bail on foot of serious crime who have re-offended; and if he will make a statement on the matter. [19592/14]

View answer

Written answers

The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act. I have no function in these matters which are determined by the judiciary.

The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation, there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts. There is no limit to the number of occasions a person can be granted legal aid under the Criminal Legal Aid Scheme.

Garda Strength

Questions (620)

Bernard Durkan

Question:

620. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of An Garda Síochána throughout County Kildare in each of the past seven years to date with particular reference to each station; and if he will make a statement on the matter. [19593/14]

View answer

Written answers

As the Deputy is 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 Commissioner that the personnel strength of each Garda Station in the Kildare Garda Division on 31 December 2008 to 2013 and on 28 February 2014, the latest date for which figures are readily available, is set out in the following table.

Station

2008

2009

2010

2011

2012

2013

28/2/2014

Athy

23

27

29

31

34

32

32

Ballytore*

2

2

2

2

1

-

-

Castledermot

2

3

3

3

3

4

4

Carbury

4

5

4

4

5

6

6

Kilcock

8

8

8

9

10

9

9

Kilcullen

4

3

2

2

2

4

4

Kildare

32

32

33

26

37

29

28

Leixlip

28

33

35

34

30

38

38

Monasterevin

6

4

4

5

4

4

4

Newbridge

35

44

45

47

50

49

48

Rathangan

4

4

4

3

3

3

3

Robertstown

3

4

5

6

2

2

2

Ballymore Eustace*

1

1

1

2

2

-

-

Celbridge

22

18

18

17

17

14

14

Clane

8

8

10

11

9

8

8

Kill*

3

3

4

2

2

-

-

Maynooth

18

15

15

13

14

13

13

Naas

103

107

101

101

103

100

99

*Stations closed on 31/01/2013

Missing Persons Data

Questions (621)

Bernard Durkan

Question:

621. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons reported as missing in each of the past three years to date; the number traced; and if he will make a statement on the matter. [19594/14]

View answer

Written answers

I am informed by the Garda authorities that the following table sets out the total number of missing person reports from 2011 to 27 April, 2014. The table also sets out the total number of persons reported missing during that period who remain untraced. It should be noted that the figures provided are provisional, operational and liable to change.

Year

No. of Missing

Person Reports

No. of persons reported

missing who remain untraced

2014 (to 27 April)

2,676

56

2013

7,753

23

2012

8,815

26

2011

8,511

24

I am assured that all incidents where persons have been reported missing remain open and under investigation until such time as the person is located. The Local District Officers take direct responsibility for the management and operation of all investigations relating to missing persons. Local investigation teams are appointed by the District Officer, and all means necessary, including the services of specialist units, are deployed to assist in these investigations, as considered appropriate.

Furthermore, the Garda Missing Persons Bureau, which is responsible for all data relating to missing persons, provides expert assistance and advice to District Officers in all high risk missing person cases. The Garda authorities are satisfied that adequate resources, including staff and technology, are in place to deal with this issue and that investigations are carried out in line with international best practice. I am, of course, conscious of the ongoing impact of these cases on the families and friends of persons who go missing and I was therefore pleased to inaugurate National Missing Persons Day with a very successful commemorative ceremony in December last year. Preparations are currently underway in relation to Missing Persons Day 2014.

Garda Investigations

Questions (622)

Pádraig MacLochlainn

Question:

622. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if he will provide an update on the case of Fr. Niall Molloy; and when the current review will be completed. [19614/14]

View answer

Written answers

As I have previously informed the House, Mr. Dominic McGinn, Senior Counsel, is at present carrying out an independent examination of the report of the Serious Crime Review Team relating to the Garda investigation into the death of Fr. Niall Molloy. This independent examination will, in accordance with the terms of reference, comprise two main elements: 1. Counsel will examine what is a very detailed report that, for legal reasons, cannot be put into the public domain in its current form, and will prepare a report which can be put into the public domain on any issues of public interest which may arise from the report, and 2. Counsel will identify matters, if any, of significant public interest or concern that would warrant examination by a further inquiry and in respect of which such further inquiry would have a reasonable prospect of establishing the truth.

My priority is to allow Mr. McGinn to carry out the 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 of course fully consider the outcome of the examination concerning any further inquiry. 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. I expect, however, that his work is well advanced at this point.

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