Written Answers Nos. 488-509
488. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the level of consultation taking place between An Garda Síochána and Dublin City Council regarding the enforcement of by-laws on the use of rickshaws in Dublin city; and if agreement has been reached between the two parties regarding the way potential problems with an increased number of rickshaws can be resolved. [27278/14]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
489. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the second phase of Operation Learner Driver has taken place yet; the number of learner drivers checked; the number of unaccompanied learner drivers detected; the number of learner drivers detected failing to display L-plates; the number of cautions delivered; and the number of proceedings commenced on foot of the operation. [27279/14]
View answerI have requested a report from the Garda authorities in relation to the matter referred to by the Deputy. I will contact the Deputy directly as soon as the report is to hand.
490. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 185 and 186 of 20 February 2014 and Parliamentary Question No. 548, if the information referred to in the replies is now to hand. [27280/14]
View answerI am informed by the Garda authorities that a total of 21,142 drivers were arrested on suspicion of driving under the influence of alcohol from November 2011 to 9 May 2014. I am also advised that, insofar as the administrative procedures provided by the Road Traffic Act, 2010 for dealing with certain drink driving offences under prescribed limits by way of payment of a fixed charge and the imposition of additional relevant penalty points/disqualification, the following is the position. During the period in question, 234 fixed charge notices were issued in respect of drivers detected with a blood alcohol that did not exceed 80 mg of alcohol per 100 ml of blood. 175 fines were paid in respect of such notices and the relevant additional penalties were imposed. I am further informed that during that period 320 fixed charge notices were issued in respect of drivers detected with a blood alcohol level that exceeded 80 mg but did not exceed 100 mg of alcohol per 100 ml of blood. 239 fines were paid in respect of such notices and the relevant additional penalties were imposed.
491. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 536 of 25 February 2014, if the report referred to in the reply is now to hand. [27281/14]
View answerI have received an updated report from the Garda authorities who have informed me there were a total of 30 fatal collisions from 2011 to 2013 involving drivers who held a learner permit. I am further informed that a total of 31 learner drivers were involved as in one collision both drivers were holders of learner permits. Tragically, a total of 34 people died arising from these collisions, including 16 learner drivers; five passengers in the learner driver's vehicle; eight occupants of other vehicles and five pedestrians.
492. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 181 of 26 February 2014, if the report referred to in the reply is now to hand. [27282/14]
View answerI have received a report from the Garda authorities and am informed that there was a total of 98 single vehicle fatal collisions in 2012, and 118 in 2013. The number of those cases involving learner drivers is set out in the table.
Number of Single Vehicle Fatal Collisions involving Learner Drivers 2012 - 2013
|
- |
2012 |
2013 |
|
Learner Driver Accompanied |
1 |
0 |
|
Learner Driver Unaccompanied |
5 |
2 |
|
Total |
6 |
3* |
*In one incident information is not readily available as to whether the learner driver was accompanied.
I am also informed that the number of single vehicle serious injury collisions in 2012 and 2013 is not readily available and I will contact the Deputy directly when this information is to hand.
493. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 182 of 26 February 2014, if the report referred to in the reply is now to hand. [27283/14]
View answerI am informed by the Garda authorities that Table 1 sets out the number of learner drivers involved in fatal collisions in 2012 and 2013 and whether they were accompanied by a qualified driver. I am advised that the information requested by the Deputy in relation to the number of learner drivers involved in serious injury collisions during that period is not readily available and I will contact the Deputy directly when this information is to hand.
TABLE 1: Number of Accompanied and Unaccompanied Learner Drivers involved in Fatal Collisions
|
- |
2012 |
2013 |
|
Learner Accompanied |
3 |
2 |
|
Learner Unaccompanied |
7 |
4 |
|
Total |
10 |
8* |
* In two incidences information is not readily available as to whether the learner driver was accompanied.
494. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 166 of 22 January 2014, if the report referred to in the reply is now to hand. [27284/14]
View answerMy Department is in ongoing contact with the Garda authorities regarding the statistical information requested by the Deputy and I will contact him directly as soon as these details are to hand. Insofar as the question of enforcement of warrants generally in the Dublin area is concerned, I am informed by the Garda authorities that local Garda Management is satisfied that every effort is being made to execute warrants throughout the Dublin Metropolitan Region (DMR). In this regard, I am advised that there is an Inspector in each Garda District in the DMR tasked with managing the execution of warrants, and other issues relating to them, with priority given to the execution of the minority of warrants which relate to serious crime.
495. Deputy Willie Penrose asked the Minister for Justice and Equality when the Garda stations at Ballinacargy and Multyfarnham, County Westmeath will be provided with the PULSE system, to enable gardaí to carry out their functions and duties immediately and more efficiently and without the necessity to have to recourse to Garda stations located a considerable distance from these locations in order to access the PULSE system; and if she will make a statement on the matter. [27296/14]
View answerThe deployment of resources including access to the Garda Wide Area Network and the services it carries, including PULSE and other Garda Information Systems are a matter for the Garda Commissioner to decide upon based on operational considerations. In this context I am informed by the Garda Authorities that there are currently 430 networked locations having access to PULSE, the Fixed Charge Processing System, the Garda Portal and external email among other systems. These networked locations account for approximately 85% of all incidents recorded on PULSE. I am further informed that while there are no immediate plans to add Ballinacargy and Multyfarnham Garda stations to the network, the addition of more stations to the Garda network is considered on a case by case basis in relation to the availability of broadband and the cost of the installation. In that respect An Garda Síochána are also considering mobile (3G / 4G) solutions for the remaining stations which are currently not networked.
496. Deputy Willie Penrose asked the Minister for Justice and Equality when a replacement motor vehicle will be made available to a Garda station in County Westmeath, as the existing vehicle is having its engine repaired; and if she will make a statement on the matter. [27297/14]
View answerI regret to inform the Deputy that I am not in a position to provide the information he is seeking as it is unclear as to what Garda station he is referring. Should the Deputy provide further details I will be happy to provide a reply.
497. Deputy Willie Penrose asked the Minister for Justice and Equality when a sergeant will be appointed to Kinnegad Garda station, County Westmeath, to replace the sergeant who recently retired; and if she will make a statement on the matter. [27298/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts. 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. Generally speaking, I understand that a competition for the promotion of gardaí to Sergeant has recently been completed and the assignment of a Sergeant to the area referred to by the Deputy will be considered by the Commissioner in the context of the operational needs of An Garda Síochána as a whole.
I have however been informed by the Garda Commissioner that the personnel strength of Kinnegad Garda Station on 30 April 2014, the latest date for which figures are readily available, was three Gardaí. Kinnegad Garda Station forms part of the Mullingar Garda District in the Westmeath Garda Division. The personnel strength of Mullingar Garda District and Westmeath Garda Division on the same date was 156 and 245 Gardaí respectively. There are also 15 Garda Reserves and 14 Civilians attached to Mullingar Garda District and there are 25 Garda Reserves and 22 Civilians attached to Westmeath Garda Division.
498. Deputy Brendan Griffin asked the Minister for Justice and Equality if she will streamline the licensing system for wine, spirits and beer in restaurants in order that only one licence and one application/renewal fee would cover all three areas; if her attention has been drawn to the red tape involved at present under the current system; and if she will make a statement on the matter. [27328/14]
View answerThe position is that statutory provisions governing the liquor licensing system, including the arrangements for annual renewal of restaurant licences, are set out in the Licensing Acts 1833 to 2011. The Government Legislation Programme provides for future publication of a Sale of Alcohol Bill which will update the Licensing Acts, as well as the Registration of Clubs Acts 1904 to 2008, and replace them with provisions more suited to modern conditions. This Bill will provide an opportunity to streamline the rules in relation to the licensing of restaurants and the renewal of licences. Unfortunately, due to the complex nature of the proposed Bill, I am not in a position to state when it will be published. However, it is my intention to proceed quickly with enactment of the legislation following publication.
499. Deputy Brendan Griffin asked the Minister for Justice and Equality if the acoustics in Dingle courthouse will be improved with an amplification system, as it is difficult to hear proceedings at present; and if she will make a statement on the matter. [27329/14]
View answerAs the Deputy may be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and have been informed that the court building in Dingle is a small historic courthouse. The court sits once a month and handled a small caseload of 635 cases in 2013. The Courts Service has stated that it has not received any complaints from court users about the amplification system used in the courtroom. The Courts Service has confirmed that there are currently no plans to carry out any improvements to the amplification system but the matter will be kept under review.
500. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and/or expected position in regard to residency/citizenship in the case of a person (details supplied) in County Meath; and if she will make a statement on the matter. [27339/14]
View answerThe question of residency status or entitlement to naturalisation does not arise at this time in the case of the person whose details were supplied. As the Deputy is aware, if the person has made an application for asylum or subsidiary protection, the position is that it is not the practice to comment on such applications for so long as they remain in the protection process.
501. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of the Garda force in each of the past six years to date; the extent to which it is expected to restore numbers through the new recruitment programme; and if she will make a statement on the matter. [27399/14]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions and Districts. 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 have however been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2008 to 2013 and on 30 April 2014, the latest date for which figures are readily available was as set out in the table.
|
Year |
Strength |
|
31/12/2008 |
14,412 |
|
31/12/2009 |
14,547 |
|
31/12/2010 |
14,377 |
|
31/12/2011 |
13,894 |
|
31/12/2012 |
13,424 |
|
31/12/2013 |
13,093 |
|
30/04/2014 |
12,992 |
It is intended that the first intake of new Garda trainees who have successfully completed all stages of the recruitment process will enter the Garda College in July of this year. They will participate in the new training programme over the remainder of 2014 and it is expected that they will attest in early 2015. At that stage they will be assigned to Garda stations throughout the country by the Garda Commissioner. It is hoped to have further recruits entering training in Templemore later in 2014. The precise number of recruits to be included in each intake will be determined by a number of factors including retirements and will be decided shortly.
503. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which combatting organised drug crime remains a priority; if any particular issues of importance in this context have arisen which might need further attention; and if she will make a statement on the matter. [27401/14]
View answerI can assure the Deputy that tackling the illegal drug trade and the organised crime groups involved in such activities remain a key priority for this Government. The Policing Plan 2014 of An Garda Síochána sets out the continued commitment to pro-actively target groups and individuals engaged in such criminal activity, including multi-disciplinary approaches which are utilised to ensure the activities of individuals and groups involved in such criminal enterprise are effectively targeted.
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. An Garda Síochána continue to record significant successes in intercepting substantial quantities of controlled drugs and have recorded numerous arrests of individuals involved in the trafficking and distribution of controlled drugs throughout the State. Given the global nature of the drugs trade, international law enforcement cooperation remains a key element in the overall response to organised drug crime. 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).
Drug law enforcement continues to remain a key area as part of the overall comprehensive approach in tackling the problem of drug misuse under the National Drugs Strategy 2009-2016. I reiterate to the House my continued support for An Garda Síochána in all its efforts to bring about the successful disruption of the illegal drug trade and I commend it on its ongoing successes in this regard.
504. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which reform is envisaged for An Garda Síochána with particular reference to the need to ensure the restoration of morale and public confidence in the force notwithstanding the number of issues that have arisen; and if she will make a statement on the matter. [27402/14]
View answerIt is essential that members of the public have full confidence in the Garda Síochána and in the operation of our criminal justice system. In that context the Government has initiated a comprehensive reform programme and the project is being overseen by a Cabinet Committee on Justice Reform. This Committee is chaired by the Taoiseach; and the other members are the Tánaiste, the Minister for Communications, Energy and Natural Resources, myself as Minister for Justice and Equality and the Attorney General. Under the Government’s programme:
- An Independent Garda Authority is to be established by the end of this year,
- Future appointments to the position of Garda Commissioner will be by way of open competition,
- A Commission of Investigation, headed by Mr Justice Fennelly, has commenced work in examining issues relating to the recording of telephone calls at Garda stations and associated matters,
- The Government has undertaken to establish a Commission of Investigation in line with recommendations made in the Guerin Report,
- The Garda Inspectorate has been tasked with carrying out an inquiry into the management and operational issues arising from the findings in the report of Mr Guerin,
- An independent expert review of the performance, management and administration of the Department of Justice and Equality has been established and its report is expected by July,
- Amendments have been made to the Protected Disclosures Bill, which is currently going through the Oireachtas, to enable a Garda whistleblower to report their concerns direct to the Garda Síochána Ombudsman Commission (GSOC), and
- New legislation will shortly be introduced to strengthen the powers and remit of GSOC.
Given the very extensive set of measures I have outlined, the Deputy will appreciate the seriousness and the urgency with which the reform programme is being pursued by the Government.
506. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which provision remains in place for the reporting of alleged wrongdoing within An Garda Síochána with particular reference to the need to observe best practice in the interest of the force, transparency and public reassurance; and if she will make a statement on the matter. [27404/14]
View answerThe Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007 (S.I. 168/2007), made under s.124 of the Garda Síochána Act 2005, provide for the appointment of an independent Confidential Recipient. The independent Confidential Recipient enables members of the Force, and civilian support staff, to report, in full confidence, instances where they believe there may be corruption or malpractice within the Garda Síochána. Retired District Court Judge Mr Patrick McMahon was appointed to the position of Confidential Recipient 12 March, 2014. As part of the comprehensive new approach, provided for in the Protected Disclosures Bill 2013, to enhance the protection available to whistle blowers, that Bill will enable the Garda Síochána Ombudsman Commission to be prescribed as a body to which whistleblowing disclosures may be made by members of the Garda Síochána. This new system will when enacted replace the existing office of the Confidential Recipient.
507. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which adequate resources remain available to the Criminal Assets Bureau to combat organised crime by way of confiscation of assets; and if she will make a statement on the matter. [27405/14]
View answerThe Criminal Assets Bureau has been at the forefront of fighting organised crime since its inception in 1996. The Bureau is being actively utilised to identify and target funds accumulated by those involved in criminal activity, in order to seize such assets and to deprive those involved of the profits of their criminal activity. Furthermore, 194 asset profilers trained by the Bureau are providing a criminal asset profiling service across the Garda Divisions in relation to persons or suspects operating within the area, with particular reference to those involved in drug dealing and serious criminal activity.
In accordance with section 21 of the Criminal Assets Bureau Act 1996, an annual report on the activities of the Criminal Assets Bureau is prepared and laid before the Houses of the Oireachtas. This report sets out matters relating to resources allocated to the Bureau and sets out in detail the activities of the Criminal Assets Bureau during the period. I can assure the Deputy that I am committed to ensuring that the necessary funding is made available to the Criminal Assets Bureau from within the available public finances and I am satisfied that an appropriate level of funding has been made available for the year 2014. For the Deputy's information, the resources provided to the Criminal Assets Bureau in terms of budget and staffing numbers in recent years are set out in the table below. Finally, I can assure the Deputy that the resources of the Bureau are, and will continue to be, kept under ongoing review by both the Criminal Assets Bureau and my Department.
Criminal Assets Bureau Budget and Staff Employed 2011 - 2013
|
Year |
Budget Allocation |
Staff employed |
|
2014 |
€7,037,000 |
71 |
|
2013 |
€6,940,000 |
71 |
|
2012 |
€7,727,000 |
69 |
|
2011 |
€7,727,000 |
70 |
|
2010 |
€8,227,000 |
68 |
508. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which backlogs in the court system are likely to be overtaken in the short and medium term; and if she will make a statement on the matter. [27406/14]
View answerAs the Deputy will be aware, the Courts Service is responsible for the management and administration of the Courts. The scheduling of court cases and the allocation of court business is a matter for the Presidents of the courts and the presiding judge who are under the Constitution independent in the exercise of their judicial functions. The Presidents monitor waiting times across all courts lists and seek to ensure the optimum use of court time. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the primary objective for the Service is to maintain the delivery of front line court sittings and services. The Courts Service continuously works to support the judiciary and assist in ensuring that cases are dealt with as effectively and as speedily as possible. Available resources and operational and organisational structures are under ongoing review to ensure that resources are targeted and focused on keeping waiting times in the provision of services to a minimum. I am informed that waiting times in the Circuit and District Courts vary from venue to venue based on the number and complexity of cases.
As previously mentioned in response to Question No. 136 of 5 February 2014, a significant number of extra sittings were scheduled during 2013. The additional weeks were provided across crime, family law and civil matters. The Courts Service has indicated that the additional sittings have ensured that waiting times in the Circuit Court have been reduced. In addition, six specialist judges of the Circuit Court were appointed in July 2013 to deal with the new work arising as a result of the Personal Insolvency Act 2012. I am informed that High Court waiting times are being maintained and in some cases are being further reduced. The President of the High Court keeps waiting times under continuous review and has introduced a number of initiatives including the reorganisation of sittings of the High Court outside Dublin and arranging for additional court sittings during court recesses. The delegation to court officials of administrative functions previously dealt with by High Court judges has also yielded significant savings in judicial time resulting in increased judicial availability for trial work. More than 10,000 matters were dealt with in this way in 2013. These case management initiatives continue to be reviewed and expanded.
In respect of the Court of Criminal Appeal, the Chief Justice, in consultation with the President of the High Court, convened nine additional sittings during September and the first week of October 2013 to deal with sentence appeals/undue leniency applications. Following the appointment of two additional Supreme Court Judges in October 2013, the Supreme Court has been enabled to sit in two panels on a continuing basis and I am informed that the rate of disposals of appeals has increased significantly, with one panel assigned to the disposal of backlog appeals. The comparative figures for the first quarter of this year and 2013 show an increase in excess of 60% in the rate of disposals. While some immediate improvement has been achieved, the backlog that has accumulated in the Supreme Court over the past number of years is such that it will take a longer period to reduce the waiting time for the hearing of appeals to a more appropriate level. The issue of capacity in the Supreme Court can only be fully resolved through the introduction of the Court of Appeal, which is due to be established later this year.
509. 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; the extent to which more than one prisoner is accommodated in a cell; and if she will make a statement on the matter. [27407/14]
View answerI wish to inform the Deputy that the overall bed capacity of the Irish Prison System is 4,179. On 23 June 2014 there were 3,958 prisoners in custody. This represents under 95% occupancy. I wish to inform the Deputy that on 1 April 2014 the cell accommodation census returned the following information. 2,044 prisoners were accommodated in single cells which accounted for 50% of all prisoners in custody on that date (4,103). In addition, there were 764 cells which accommodated 2 prisoners, 138 cells which accommodated three prisoners and 30 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 Dóchas 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 work commenced on this in May this year. On the completion of this, all cells in Mountjoy prison will have in cell sanitation facilities and this will complete slopping out in Mountjoy Prison in 2015. Refurbishment of the Mountjoy B and C wings was completed in 2012. "A" wing commenced in early January 2013 and was occupied earlier 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.
A Business Case for the Modernisation of Prison Facilities in Limerick Prison is currently in draft form. Part of the redevelopment includes the provision of high quality prison accommodation for female prisoners with capacity of approximately 50 individual cells and eight custodial apartments. Finally, the Deputy will be aware that a working group was established by my predecessor to conduct an all-encompassing strategic review of penal policy. The Group was asked to examine the role of penal policy in crime prevention, sentencing policies, alternatives to custody, custodial accommodation and regimes, reintegration and rehabilitation as well as any special issues relating to female offenders. The Group is expected to report shortly.
