Written Answers Nos. 1 - 119
100. Deputy Clare Daly asked the Minister for Justice and Equality if she will provide an update on progress with regard to the implementation of the recommendations of the Garda Síochána Ombudsman Commission report following the investigation into the handling of a case (details supplied), with particular reference to the recommendation that criminal proceedings be initiated against named gardaí. [43791/14]
View answerThe first thing I want to emphasise is that I as Minister for Justice and Equality have no role in relation to prosecutions or decisions whether or not to initiate a prosecution.
In May 2013, the Garda Síochána Ombudsman Commission (GSOC) made a Report to my predecessor under Section 80(5) of the Garda Síochána Act 2005 following its investigation into allegations of collusion between an individual and members of the Garda Síochána.
In its letter accompanying the report GSOC stated that a file relating to its public interest investigation was sent to the Director of Public Prosecutions. Having considered the file the DPP advised that the file did not warrant prosecution of any individual. Thereafter GSOC considered and decided against launching any investigation of matters which may constitute indiscipline.
The Report by GSOC also contained a series of recommendations related to informant handling procedures within An Garda Síochána, oversight of those procedures, as well as intelligence handling and information exchange between GSOC and An Garda Síochána.
At the time my predecessor sought the observations of the Garda Commissioner on the Report and its recommendations. In response, the Garda Commissioner pointed that following the putting in place of a code of practice for the management of Covert Human Intelligence Sources many of the recommendations made by GSOC were already incorporated into Garda procedures. The Commissioner also emphasised that informants are clearly instructed that they may not commit crimes or act as agents provocateur.
I should emphasise that there has been, since 2010, an independent, external oversight mechanism in place to ensure compliance with the code of practice. The current holder of this appointment is Mr Justice Thomas Smyth, former judge of the High Court. Mr Justice Smyth's report for 2012 has been published and I am currently making arrangements to publish his reports for 2013 and 2014. I am pleased to note that the Judge has indicated that he received full co-operation from relevant members of An Garda Síochána in compiling his report and he records substantial compliance with the code of practice by An Garda Síochána.
I should mention that the recent Inspectorate report makes a number of recommendations in relation to the handling of information and these will be addressed.
A Memorandum of Understanding, Protocols and Agreement on Operational Matters, agreed by the Commissioner of An Garda Síochána and the Garda Síochána Ombudsman Commission (GSOC) has been in place between An Garda Síochána and GSOC since the establishment of the Garda Síochána Ombudsman Commission in 2007. However, a new Memorandum of Understanding, Protocols and Agreement on Operational Matters has been agreed between An Garda Síochána and GSOC and was signed by the Commissioner of An Garda Síochána and the Garda Síochána Ombudsman Commission on 23rd September, 2013. The Memorandum of Understanding agrees protocols for operational matters between An Garda Síochána and GSOC, including the provision of information to GSOC by An Garda Síochána.
There is continued ongoing co-operation between An Garda Síochána and GSOC to address any issues that arise during the course of an investigation. A working relationship is maintained between the two organisations with regular formal and informal meetings between senior management representatives. In addition, the Garda Commissioner has established a dedicated office (GSOC Liaison Office) to process and monitor all such requests and ensure that all correspondence with GSOC is attended to in a timely manner.
In the context of Garda oversight generally, the Deputy will be aware that I recently introduced the Garda Síochána (Amendment) (No. 3) Bill 2014. The main purpose of the Bill is to amend the Garda Síochána Act 2005 to expand the remit and powers of the Garda Síochána Ombudsman Commission (GSOC). The Bill will bring the Garda Commissioner within the remit of GSOC for the first time. It will also ensure that An Garda Síochána provides information sought by GSOC for an investigation as soon as practicable.
101. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the progress achieved to date by the independent review panel convened by her to examine allegations of Garda misconduct. [41132/14]
View answerThe Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, to the Taoiseach, or to other public representatives, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by Government as a response to the report by Seán Guerin. A panel consisting of two Senior and five Junior Counsel was established for the purpose.
The independent review is well underway and 305 cases have been referred to it. This is a significant number of cases, and higher than originally estimated, but I think it was important to refer to the panel all of the allegations on hand, so as to ensure that every case where concerns have been expressed would get the benefit of an independent review. I do think that it is important to say that one outcome of such a review is that in many instances no further action may be recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence and especially whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.
I expect recommendations to be submitted in due course and action will be taken in light of the recommendations made by Counsel on the Panel, and each complainant and/or public representative will be notified accordingly.
102. Deputy Catherine Murphy asked the Minister for Justice and Equality her plans to seek further funding for An Garda Síochána personnel and resources in order to address existing imbalances in Garda provision which cannot be accounted for due to necessary operational requirements and crime rates; if her Department has a role in determining forward planning for the targeting of Garda resources taking into account likely demographic changes; if not, if it is her plan to pursue such a role; and if she will make a statement on the matter. [43813/14]
View answerUnder the Garda Síochána Act, 2005 the Garda Commissioner is responsible for the distribution of Garda resources, and clearly this process would take into account demographic changes and, more generally, policing trends. Section 20 of the 2005 Act provides that the Minister may, following consultation with the Garda Commissioner, determine and revise priorities for the Garda Síochána in performing its functions under the Act and section 22 of the Act requires the Garda Commissioner each year to prepare a Policing Plan and, in so doing, to have regard inter aliato the priorities determined by the Minister.
The policing priorities I have drawn up for 2015 focus in particular on strengthening the ability of the Gardaí to meet the varying needs of different local communities, supporting the needs of victims of crime, targeting domestic and sexual violence as well as maintaining the fight against serious organised crime and ensuring a more efficient use of Garda personnel and other resources. These priorities also focus strongly on the policing and security elements of the Government's broader programme of criminal justice reform. These priorities have been communicated to the interim Garda Commissioner and will inform the 2015 policing plan which will be submitted to me for approval in the coming weeks before it is laid before the houses of the Oireachtas.
As regards the question of additional funding, it is of course the case that significant additional funding has been provided for the Garda vote in 2015, including to allow for ongoing additional recruitment and procurement of additional Garda vehicles. I have also clearly signalled in recent days my intention to support the Garda Síochána in their efforts to address particular deficits identified in the recent Garda Inspectorate report on crime investigation. However, the Deputy will appreciate that the issues raised in the report are widespread, varied and far-reaching and, when taken together with the review of the Garda Síochána under the Haddington Road agreement, will demand significant structural reform within the Garda Síochána. The issue of additional funding will be addressed within that context. I am working with the Minister, Deputy Howlin to secure the necessary and early investment in upgrading Garda technology to bring outdated paper based practices into the 21st century and I look forward, too, to the significant contribution to this process by the policing authority which is to be established shortly.
103. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide a response to the report of the Garda Síochána Inspectorate into the investigation of serious crime; and if she will make a statement on the matter. [43783/14]
View answerAs the Deputy will be aware, last week I published the report of the Garda Inspectorate on Crime Investigation and welcomed its analysis as providing the foundation stone for the future development of a 21st century policing service for Ireland. The report rightly acknowledges the dedication and commitment of members of An Garda Síochána and indeed notes that many of the issues raised had been identified in other comparable police forces. We should bear in mind too that An Garda Síochána day in day out has considerable success in bringing offenders to justice and keeping our communities safe. Nevertheless, as I said on its publication, its findings raise serious concerns and represent a highly challenging analysis of Garda processes and systems.
The Report will play an important role in the overall justice reform programme underway, including the establishment of an independent Police Authority, strengthening the powers of GSOC, and the open competition for the recruitment of the Garda Commissioner.
Implementation of this programme is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach, and this Committee will also now take on a role in overseeing delivery of the reforms recommended by the Inspectorate.
There will also of course be a central role for the new Police Authority and Garda Commissioner in implementing the identified reform. Ahead of the establishment of the Policing Authority, I intend to hold discussions with Josephine Feehily, the Chairman-designate, on the establishment of an effective implementation framework to oversee delivery of reforms in An Garda Síochána, along the lines recommended by the Inspectorate.
The incoming Garda Commissioner, who is due to be appointed shortly following an open competition, will also be central in driving implementation of many of the reforms arising from the Inspectorate’s analysis. In advance of this appointment, I have already welcomed the decision of An Garda Síochána to establish an Implementation Steering Group to immediately focus on the implementation of the short, medium and long-term recommendations in the Report, and a programme of Risk compliance and Continuous Improvement Teams which will be introduced in each region to support a revised focus on professional standards and to tackle any weaknesses identified in the Inspectorate's report. I have also asked the Acting Commissioner for an overall response to the Report and its recommendations.
In addition, upon publication of the Report I set out a further comprehensive series of measures being taken to address the issues identified by the Inspectorate including:
- plans for the necessary and early investment in upgrading Garda technology to bring outdated paper based practices into the 21st century
- new Garda measures to improve consistency and accuracy of data
- a review of the report by the CSO to see whether and to what extent it may have implications for the crime statistics which that Office produces
- an expert group to be chaired by the CSO to examine its recommendations, including in relation to crime counting and detection rules, with a view to introducing new national standards
- measures to improve supports for victims, including victims of domestic and sexual violence.
It is clear from the Report that developments in systems and processes in An Garda Síochána have not kept pace with developments in broader society and police forces globally. The Report's analysis has been welcomed by Government and we are determined to act on it. I can assure the Deputy that we will work to equip An Garda Síochána to meet all of the challenges of 21st century policing, and to put the needs of victims first.
104. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she will provide an update on the special barristers panel review of a case (details supplied); the time frame as to when the panel will report back; if the panel or her Department plan to contact the person in relation to the details of the case under review; if she will respond to correspondence and questions submitted some time ago by the person's legal representative for which there has been no reply to date; and if she will make a statement on the matter. [43825/14]
View answerThe Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, to the Taoiseach, or to other public representatives, with a view to determining to what extent and in what manner further action may be required in each case. This was one of the actions agreed by Government as a response to the report by Seán Guerin. A panel consisting of two Senior and five Junior Counsel was established for the purpose.
The independent review is well underway and 305 cases have been referred to it. This is a significant number of cases, and higher than originally estimated, but I think it was important to refer to the panel all of the allegations on hand, so as to ensure that every case where concerns have been expressed would get the benefit of an independent review. I do think that it is important to say that one outcome of such a review is that in many instances no further action may be recommended. This is to some extent inevitable in circumstances where, on the one hand, individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled and, on the other hand, counsel have to examine objective evidence and especially whether those cases have been through due process, even if the persons involved remain unhappy with the outcome of that process.
I expect recommendations to be submitted in due course and action will be taken in light of the recommendations made by Counsel on the Panel, and each complainant and/or public representative will be notified accordingly.
The availability of Counsel due to the operation of the Courts calendar together with the volume of complaints submitted means that it will take a little longer than originally anticipated. It is important, however, that nothing arises which might detract from the integrity of the review mechanism and, in any event, it would be wrong to place a time constraint upon the working of the Panel. I can assure the Deputy, however, that the counsel aim to conclude their work as soon as possible.
105. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the number of gardaí of all ranks assigned to the DMR-north central division in the past five years; and the numbers lost to the division through promotion, transfer, retirement and other reasons. [43780/14]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the full complement of Gardaí, Reserve Gardaí and civilians attached to each Garda Station in the DMR North Central Division, on the 31 December 2009 - 2013 and on the 30 September 2014, the latest date for which figures are readily available, is as set out in the table.
The Deputy will appreciate that, as with any large organisation, on any given day the number of Gardaí assigned to any Division may fluctuate due, for example, to promotion, transfer, retirements and resignations. In these circumstances the Deputy will appreciate that the specific information she has sought is not readily available in the detail requested and I understand that the compilation of such information would involve a disproportionate amount of Garda time and resources.
2014
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
6 |
38 |
126 |
22 |
15 |
|
Fitzgibbon St. |
|||||||
|
Mountjoy |
0 |
1 |
4 |
20 |
168 |
20 |
12 |
|
Store St. |
|||||||
|
Immigration D/Docks |
0 |
0 |
0 |
0 |
3 |
||
|
Store Street |
1 |
2 |
4 |
33 |
207 |
29 |
13 |
|
TOTAL |
1 |
4 |
14 |
91 |
504 |
71 |
40 |
2013
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
6 |
30 |
131 |
20 |
14 |
|
Fitzgibbon St. |
|||||||
|
Mountjoy |
0 |
1 |
4 |
19 |
173 |
21 |
12 |
|
Store St. |
|||||||
|
Immigration D/Docks |
0 |
0 |
0 |
0 |
3 |
||
|
Store Street |
1 |
2 |
3 |
32 |
218 |
30 |
14 |
|
TOTAL |
1 |
4 |
13 |
81 |
525 |
71 |
40 |
2012
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
6 |
29 |
138 |
14 |
12 |
|
Fitzgibbon St. |
|||||||
|
Mountjoy |
0 |
1 |
4 |
23 |
179 |
17 |
11 |
|
Store St. |
|||||||
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Immigration D/Docks |
0 |
0 |
0 |
0 |
5 |
||
|
Store Street |
1 |
2 |
4 |
27 |
234 |
19 |
15 |
|
TOTAL |
1 |
4 |
10 |
79 |
556 |
50 |
38 |
2011
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
6 |
29 |
131 |
10 |
12 |
|
Fitzgibbon St. |
|||||||
|
Fitzgibbon St. |
0 |
1 |
4 |
14 |
94 |
11 |
10 |
|
Mountjoy |
0 |
0 |
0 |
11 |
89 |
3 |
2 |
|
Store St. |
|||||||
|
Immigration D/Docks |
0 |
0 |
0 |
1 |
5 |
||
|
Store Street |
1 |
2 |
5 |
28 |
238 |
12 |
18 |
|
TOTAL |
1 |
4 |
15 |
83 |
557 |
36 |
42 |
2010
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
7 |
32 |
138 |
6 |
11 |
|
Fitzgibbon St. |
|||||||
|
Fitzgibbon St. |
0 |
1 |
4 |
14 |
96 |
9 |
11 |
|
Mountjoy |
0 |
0 |
0 |
11 |
89 |
2 |
2 |
|
Store St. |
|||||||
|
Immigration D/Docks |
0 |
0 |
0 |
1 |
7 |
||
|
Store Street |
1 |
2 |
5 |
33 |
250 |
7 |
18 |
|
TOTAL |
1 |
4 |
16 |
91 |
580 |
24 |
42 |
2009
|
District/Station |
C/Supt |
Supt |
Insp |
Sgt |
Gda |
Reserve |
Civilian |
|
Bridewell |
|||||||
|
Bridewell |
0 |
1 |
5 |
27 |
145 |
5 |
11 |
|
Fitzgibbon St. |
|||||||
|
Fitzgibbon St. |
0 |
1 |
4 |
17 |
100 |
8 |
11 |
|
Mountjoy |
0 |
0 |
1 |
12 |
94 |
1 |
2 |
|
Store St. |
|||||||
|
Immigration D/Docks |
0 |
0 |
0 |
1 |
7 |
||
|
Store Street |
1 |
2 |
4 |
33 |
263 |
7 |
17 |
|
TOTAL |
1 |
4 |
14 |
90 |
609 |
21 |
41 |
106. Deputy Denis Naughten asked the Minister for Justice and Equality when she expects to receive the review of the file on the death of Fr. Niall Molloy in Clara, County Offaly, in July 1985; and if she will make a statement on the matter. [41129/14]
View answerAs the Deputy will be aware, Mr. Dominic McGinn, Senior Counsel, was appointed to carry 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. My Department has recently received a report from Mr. McGinn and this is being considered in consultation with the Office of the Attorney General.
107. Deputy Catherine Murphy asked the Minister for Justice and Equality if her attention has been drawn to the fact that County Kildare has the lowest ratio of gardaí to population of any Garda district in the country; if her attention has been further drawn to the fact that such under-investment makes it impossible to engage in effective community policing; if it is her objective to seek a resolution to the extreme imbalances in Garda resourcing which exist around the country; and if she will make a statement on the matter. [43812/14]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
I have been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division on 30 September 2014, the latest date for which figures are readily available, was 305. There are also 41 Garda Reserves and 28 Civilians attached to the Division.
The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with community policing issues as and when they arise. Community policing is the underpinning philosophy and ethos through which An Garda Síochána delivers a service across the country.
As the Deputy will be aware, the first intake since 2009 of 100 new recruits entered training at the Garda College in Templemore on Monday 15th September 2014. This marked a positive step forward for policing in Ireland. Furthermore, the process of recruiting 200 additional Gardaí to the force will continue over the next few months. The Garda Commissioner, will of course, continue to keep the needs of the Kildare Garda Division under review within the overall context of the needs of Garda Divisions throughout the country.
108. Deputy Ruth Coppinger asked the Minister for Justice and Equality when Ireland will sign up to the Istanbul Convention on violence against women; and the measures required to adhere to this. [43828/14]
View answerI intend to seek the approval of Government for Ireland to sign the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence - the Istanbul convention - as early as possible in 2015. This is a matter of priority for me. To this end, the Department is working on a number of pieces of legislation which will assist in Ireland ratifying the convention.
While signing the convention, as a first step towards ratification, will of itself impose no obligations on Ireland, I consider that it would be prudent to be aware of the legislative and administrative issues which will require attention prior to Ireland being in a position to ratify the convention.
In order to ascertain what these issues might be I have written to a number of my colleagues to obtain their views on the possible issues which might require attention in their departments.
My own officials have identified a number of areas relevant to my department's responsibilities and work is proceeding in the department to address these matters.
Legislation under development in my department which will assist us in becoming fully compliant with the provisions of the convention includes consolidated and reformed domestic violence legislation to address all aspects of domestic violence, legislation to transpose the EU Victims of Crime Directive and the Criminal Law (Sexual Offences) (Amendment) Bill 2014.
Another measure under development in my Department which will take cognisance of the requirements of the convention is a new strategy on Domestic, Sexual and Gender-based Violence for 2015 onwards.
109. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality the reason the number of Garda vehicles operating out of Carrick-on-Shannon Garda station in County Leitrim has been reduced by two Garda cars, one Garda transport vehicle and one Garda motorcycle in recent months in view of the number of gardaí stationed there and the volume of tourist traffic in the town and surrounding area; and if she will make a statement on the matter. [43787/14]
View answerThe provision and allocation of Garda transport is a matter for the Garda Commissioner in the light of identified operational circumstances and the availability of resources.
Responsibility for the efficient deployment of Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations, as required by operational circumstances. The Deputy will appreciate that a degree of flexibility in allocating and re-allocating vehicles among stations, so as to best match the allocation of resources with policing priorities, is essential to the efficient management of the Garda fleet.
In that context, I am advised by the Garda authorities that the number of Garda vehicles assigned to the Leitrim District, in which the station referred to is located, is 11.
The Deputy will be aware that I recently secured an additional €10 million for investment in the Garda fleet. This funding will provide for a significant number of new Garda vehicles. In that context, I am advised by the Garda authorities that, to date, an order for 370 new vehicles has been placed. These vehicles will be allocated over the coming months, following fit out, in accordance with the Garda Commissioner's identified operational requirements.
110. Deputy Lucinda Creighton asked the Minister for Justice and Equality the number of Garda whistleblowers that have come forward since May 2014; if she will provide a comprehensive update on the way each individual whistleblower complaint or allegation has been dealt with; and if she will make a statement on the matter. [41143/14]
View answerUp to recently whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, made under s.124 of the Garda Síochána Act 2005. These Regulations provided for the appointment of an independent Confidential Recipient to whom members of the Force, and civilian support staff, could report, in full confidence, instances where they believed there may have been corruption or malpractice within the Garda Síochána.
The Confidential Recipient was required to transmit each confidential report to the Garda Commissioner (or to the Minister, if the report contained an allegation which related to the Garda Commissioner). In transmitting a report the Confidential Recipient was obliged to protect the identity of the whistleblower and any communication between the Confidential Recipient and the whistleblower was confidential and was not conveyed to the Minister or the Department officials.
The Protected Disclosures Act 2014 came into operation on 15 July 2014 as part of this Government's comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. Section 19 of the Act inserted a new provision into the Garda Síochána Act 2005, which provides for the Garda Síochána Ombudsman Commission (GSOC) to be a prescribed person under the 2014 Act to investigate disclosures relating to the Garda Síochána, including disclosures from members of the Garda Síochána. The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. The Statutory Instrument (No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures was signed into law on 23 July 2014. Members of the Garda Síochána may now communicate their concerns to the Garda Commissioner (as their employer) or to GSOC (as a prescribed body) under the provisions of the Protected Disclosures Act 2014 and are entitled to the protections provided by the Act.
I am advised by the Garda authorities that they have received three reports since May 2014, two under the 2007 Regulations referred to above and one under the Protected Disclosures Act. I am advised that the first is under investigation by an appointed Assistant Commissioner and that the second was referred to GSOC following correspondence with the employee. The third complaint was submitted to GSOC under section 102(5) of the Garda Síochána Act 2005. As the Deputy is aware, the Garda Síochána Ombudsman Commission is an independent body, I have no details of the numbers of disclosures which may have been made to GSOC as the prescribed person, under the provisions of the Protected Disclosures Act, or how any such disclosures may have been dealt with.
111. Deputy Lucinda Creighton asked the Minister for Justice and Equality the steps that have been taken, on foot of the Guerin report, to change the governance and management of her Department; the concrete improvements that have been made to the performance of her Department since the Minister's statement on 13 May 2014; and if she will make a statement on the matter. [41142/14]
View answerOn 13 May as part of my comprehensive response to the recommendations of the Guerin report I announced an independent review of the performance, management and administration of my Department. Three weeks later I announced the appointment of an Independent Review Group chaired by Mr. Kevin Toland, CEO of the Dublin Airport Authority.
The Independent Review Group reported on 11 July - a very rapid turn-around time for which I thank them.
The Review identified a number of core strengths in the Department which provide robust foundations and building blocks that will ensure a strong future. The willingness, flexibility and can-do attitude of many loyal staff were acknowledged, along with the significant depth of specialist knowledge and expertise. The Group, however, also found key issues and significant weaknesses that required addressing.
My Department immediately began work on a Programme for Change to implement the Group's recommendations. The objective of this Programme is to assist the Department to migrate to a new culture, leadership, management and operating model which delivers a high performing organisation and provides strategic oversight and added value to its agencies. Since that time the Department has engaged in a consultation with all of its key stakeholders, including staff and agencies.
Last week I hosted a roundtable consultation in Farmleigh with my Department's agencies to renew relationships with a view to improving the effectiveness of the sector as a whole.
The following developments are also relevant:
- There is considerable overlap between issues raised in the Civil Service Renewal Plan and the Toland Report.
- Consultations with stakeholders on a draft of the next Departmental Strategy Statement, which is linked directly to the recommendations in Toland, are currently taking place.
- My Department's Management Advisory Committee has reviewed and formalised its processes in line with the recommendations in Toland - arrangements under which the Committee meets the Minister of the day have also been reviewed and formalised.
- Work has commenced on a new HR Strategy and training plan for staff in the Department.
- My Department is collaborating with the Office of the Government Chief Information Officer on proposals to address IT related issues on a collaborative basis.
The kind of organisational change recommended by Toland requires time; this is recognised in the two-year timeframe for its recommendations and I am satisfied with early progress that has been made.
In the meantime my Departments extensive programme of work continues. In that respect in the period since the Toland Report was published, a number of major initiatives have taken place. For example these include: the publication of the draft Police Authority Bill, which is the most profound reform measure for the Force since its foundation; a Chair Designate of the new Authority has been identified and announced; the Penal Policy Review Group has completed its work; the historic British Irish Visa Scheme has commenced; and the New Irish Human Rights and Equality Commission and The Court of Appeal have been established.
112. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 101 of 24 June 2014, if she will provide a further update on the engagement between the Courts Service and An Garda Síochána regarding notifications being made by the courts to members of An Garda Síochána of incidents of non-compliance with section 22 of the Road Traffic Act 2002, as amended, by offenders appearing in court charged with road traffic offences who fail to provide their driving licences at court appearances; if a mechanism has now been developed in order that such prosecutions can take place; and to provide a timeframe of when prosecutions of this kind may begin to be initiated. [41131/14]
View answerI am informed by the Courts Service that discussions have taken place with An Garda Síochána concerning the particular arrangements required to facilitate prosecutions by the Garda authorities for non-compliance with this provision with a view to commencement of an appropriate mechanism in early 2015.
113. Deputy Niall Collins asked the Minister for Justice and Equality if she has had contact with her Northern Ireland counterpart with regard to the confirmed reports of the way the provisional movement dealt with complaints of sexual abuse; her views on concerns surrounding the possibility of abusers being moved south of the Border; and if she will make a statement on the matter. [43784/14]
View answerThe Deputy's Question arises in the context of recent allegations of the rape and sexual abuse of a young woman in Northern Ireland, and her subsequent mistreatment at the hands of members of Sinn Féin and the Provisional IRA. It is obviously a very difficult story for her to tell and I admire her bravery in telling it publicly. It is a pity that those who have questions to answer in relation to her mistreatment have acted in stark contrast, evading and distorting.
I have spoken about the issues arising with my Northern Ireland counterpart, Justice Minister David Ford, and we will be discussing the matter further later this week in the context of a ministerial meeting in the framework of North-South co-operation on criminal justice matters to see whether there are any additional actions that we might usefully consider.
Whatever the circumstances, it is never easy for victims of rape and sexual abuse to come forward with their complaints and to speak out, and when they do they deserve to be listened to and to be treated with sensitivity and respect. Victims of abuse in this jurisdiction can report sexual offences to the Garda Síochána who have clear and long-standing guidelines in place for dealing with such complaints which are strongly focused on adopting a sensitive approach to the complainant. The Gardaí will investigate any complaints of sexual offences reported to them where it is in their jurisdiction to do so, and they work closely with the health and other social services and with services such as the Rape Crisis Centre in dealing with such complaints.
In this jurisdiction there is 24-hour helpline for victims of sexual violence which is operated by the Dublin Rape Crisis Centre that is staffed by highly trained people. There are also a range of other numbers available where one can speak to some of the fifteen other rape crisis centres around the country. Victims can find contact details and information for can be found at rapecrisishelp.ie. I encourage any victims of sexual violence to use these avenues to come forward.
It is not now nor has it ever been acceptable for anyone to seek to suppress the reporting of sexual offences to the appropriate authorities or to seek to protect rapists or sex abusers. Whenever these brutal crimes occur they need to be investigated thoroughly and in accordance with the law. The Deputy clearly shares my concern at the grave implications of abusers not being reported to the authorities but instead having been moved elsewhere. It is imperative that any person or organisation which has information about persons who might pose risks to children passes on that information to the authorities who will pursue it fully.
I understand that the Garda authorities have had some relevant matters reported to them and they are pursuing these and it will be appreciated that it would not be appropriate to go into any detail in respect of these matters which are subject to investigation.
114. Deputy Niall Collins asked the Minister for Justice and Equality when she will introduce legislation on surrogacy in view of the Supreme Court ruling in M.R. and Anor versus An tArd Chláraitheoir and Ors; her policy on surrogacy; and if she will make a statement on the matter. [43782/14]
View answerFollowing the Supreme Court's judgement in the MR and Anor – v- An tArd Chlaraitheoir & Ors on Friday 7th November, my colleague the Minister for Health, Deputy Leo Varadkar, stated he intends to bring a memorandum for Government before the end of this year, seeking approval to draft an Assisted Human Reproduction Bill. It is envisaged that this Bill will deal with a wide range of issues including surrogacy and gamete (egg and sperm) donation. My officials will work closely with their counterparts in the Department of Health in relation to the legal consequences for the family law code, including assignment of parentage.
115. Deputy Ruth Coppinger asked the Minister for Justice and Equality the steps that are being taken to vindicate the right to travel abroad to obtain an abortion enshrined in article 40.3.3 of the Constitution in view of news that Miss Y travelled to the UK seeking an abortion but was turned away because of her immigration status; and if she will report on changes that her Department is seeking to make in view of this case to assist the most vulnerable women, particularly migrants, with crisis pregnancies. [43830/14]
View answerI can assure the Deputy that I fully appreciate the degree of sensitivity required when handling applications from women who find themselves in this very distressing situation. As I have indicated previously, there are specific procedures in place which facilitates travel abroad to obtain an Irish travel document.
In my previous reply on Wednesday 24th September to Parliamentary Question No. 31 from the Deputy I outlined that there is a process in place to assist such women to avail of the necessary visas and travel documents as detailed in a good practice manual entitled 'Standardised Framework for Crisis Pregnancy Counsellors' which was revised last year in conjunction with INIS as part of a review of the HSE Crisis Pregnancy Programme.
As the Deputy is aware, the Health Service Executive has appointed a four person Inquiry Team to establish all the factual circumstances in relation to the case of Ms. Y and the chain of communication between different service providers. The inquiry team seeks to establish the full acts surrounding the matter including the sequence of events and the care given to the woman involved. It would not be appropriate for me to comment further prior to the publication of the Inquiry Team Report other than saying that I will, of course, take on board any recommendations arising from the review insofar as they relate to my Department's functions.
In relation to any decisions taken by Immigration Authorities in other jurisdictions, to grant or refuse entry, as the Deputy will appreciate this is entirely a matter for the relevant authorities in that jurisdiction and I have no role in these matters.
116. Deputy Niall Collins asked the Minister for Justice and Equality when she will introduce new anti-corruption legislation; and if she will make a statement on the matter. [43785/14]
View answerWork on the criminal justice (corruption) Bill is at an advanced stage. Officials of my Department and of the Attorney General's Office are working to address a small number of outstanding issues. It is hoped that the Bill will be ready for publication in the coming weeks in accordance with the commitment given in the Government Legislation Programme.
117. Deputy Mick Wallace asked the Minister for Justice and Equality the policy reasons for her decision to retain ministerial control of policing in the same hierarchical arrangement, to include the political appointment and protection of both the Garda Commissioner and head of the policing authority; if she will set out in detail the process being applied to the two appointments; and if she will make a statement on the matter. [43823/14]
View answerThe establishment of the Independent Policing Authority is a major element of the comprehensive programme of justice reform which is being delivered by the Government. In that context the Government has indicated its intention that the new Authority should be in operation as soon as possible.
I have recently published the General Scheme of the Garda Síochána (Amendment) Bill 2014 which makes provision for the establishment of the Policing Authority and it is available on the website of my Department. The General Scheme has been referred to the Joint Committee on Justice, Defence and Equality for scrutiny in parallel with the priority drafting of the Bill which will be brought before the Oireachtas as soon as practicable.
The General Scheme sets out a broad range of measures which are required for the introduction of a very significant level of independent public accountability on the part of the Garda Síochána for the delivery of policing services. In the case of the appointment of the members of the new Authority these measures include open selection competitions and nominations to be undertaken by the Public Appointments Service in respect of 8 of the 9 members. In addition the appointment of every member will require the prior approval of both Houses of the Oireachtas.
The Deputy will also be aware that the Government has nominated Ms Josephine Feehily as the first Chairperson-designate of the Policing Authority. Ms Feehily is a woman of unimpeachable integrity and unquestioned ability who will bring a wealth of experience and competences, including in the area of investigations, to her new role. In her capacity as Chairperson-designate she will be involved in the final rounds of the open recruitment process of the new Garda Commissioner as well as the preparations to be made for the establishment of the Authority.
With regard to the appointment of the Garda Commissioner I would draw the attention of the Deputy to the relevant provisions of the General Scheme under which the Commissioner will be appointed by the Government. Such appointments will be made on the basis of a nomination by the Policing Authority following an open competition run by the Public Appointments Service. In the circumstances the Deputy will appreciate that the role of the Government will be very restricted and that the procedures to be adopted will be transparent.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources remain available to An Garda Síochána to deal with organised and serious crime; the degree to which forensic facilities are adequate to meet demand; if adequate modern technology is readily available to all divisions in the country; if particular deficiencies have been identified in the context of combating serious crime; and if she will make a statement on the matter. [43793/14]
View answerAs the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. In this regard, the Garda Commissioner is responsible for the distribution of all resources, including fully sworn members and Reserve Gardaí, among the Garda Regions, Divisions and Districts. Garda management keep this distribution under continuing review in the context of security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
Tackling organised crime remains a key ongoing priority for both the Government and An Garda Síochána. This priority is clearly reflected in An Garda Síochána Policing Plan 2014 which sets out the continued commitment of An Garda Síochána to pro-actively identify and target organised crime groups whose activities have such an impact on communities across the country.
In this regard, An Garda Síochána continues to tackle organised crime through a range of targeted activities designed to disrupt and dismantle their operations. This involves targeting serious criminals and organised criminal groups through the use of focused intelligence led operations by specialist units such as the Organised Crime Unit, the Garda Bureau of Fraud Investigation, the National Bureau of Criminal Investigation and the work of the Criminal Assets Bureau.
These units are also supported, as required, by the Security and Intelligence Section which assists with the provision of intelligence briefings and timely information. All of these specialist units operate under the remit of the Assistant Commissioner in charge of the National Support Services and working collaboratively they continue to achieve commendable success in tackling criminal gangs.
An Garda Síochána also maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol greatly facilitates the prompt exchange of information and intelligence on criminal activity.
In recent days I have clearly signalled my intention to support the Garda Síochána in their efforts to address particular deficits identified in the recent Garda Inspectorate report on crime investigation. However, the Deputy will appreciate that the issues raised in the report are widespread, varied and far-reaching and, when taken together with the review of the Garda Síochána under the Haddington Road agreement, will demand significant structural reform within the Garda Síochána. The particular issues identified with regard to technology will be addressed within that context.
In the area of forensics the Deputy will also be aware that the forensic capacity of An Garda Síochána will be further enhanced by a new national DNA database, which will be established on foot of the Criminal Justice (Forensic Evidence and DNA Database System) Act, 2014 and is expected to be operational by the new year. As regards other areas of forensic science the Garda authorities currently employ automated fingerprint and ballistics identification systems which I am informed are at least on a par with those used by police forces in other EU jurisdictions.
119. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality when she will set up an inquiry into the leak of confidential information regarding a visit made by this Deputy to Limerick Prison on 30 October 2014; her views that it acceptable that such a breach of confidentiality took place contrary to the Official Secrets Act; the steps she will take to prevent a recurrence; and if she will make a statement on the matter. [43789/14]
View answerThe divulging of information regarding prisoners' private affairs is viewed as a serious matter by the Irish Prison Service. In the course of an officer's work he or she may have access to, or hear information concerning the personal affairs of a prisoner and/or employee. Such information, irrespective of the format is strictly confidential. I would like to acknowledge receipt of a letter dated from the Deputy 11th November 2014 regarding the circumstances surrounding his visit to Limerick Prison on 30th October 2014. I wish to inform the Deputy that I have sought a full report from the Director General of the Irish Prison Service into the circumstance surrounding the visit.
Any member of the Irish Prison Service who discharges or divulges information to any third party or the media is not only contravening clear policy, but is also contravening the law. The divulging of information regarding prisoners' private affairs is very damaging not only to the Irish Prison Service but also to the families of those who are in prison. The breach of confidence is an offence under the Prison (Disciplinary Code for Officers) Rules, 1996: 'Breach of Confidence, that is to say, without proper authority, directly or indirectly disclosing, divulging, communicating, publishing or causing to be divulged, communicated or published any information not lawfully available to members of the public which comes to his or her knowledge from official sources or derives from his or her duties.'
It is open to a Governor, where it appears an officer may have committed a breach of discipline of this nature, to carry out an investigation under the Code of Discipline, and if he or she is satisfied that the alleged breach is a serious one, to proceed to an oral hearing on the matter under the Code. The penalties provided for under the Code are (a) a reprimand, or (b) a reprimand plus a reduction in rank or a reduction in pay by deferment of one or more increments for one, three, six or twelve months or any longer period the Governor may specify, or (c) dismissal from the Prison Service.
Any such breach of confidence would also be a breach of the Official Secrets Act 1963 and could be subject to prosecution under Section 13 of that Act. It is clearly open to the Deputy, if he has not done so already to make a complaint to An Garda Síochána.
I would like to inform the Deputy when officers are recruited to the Irish Prison Service they are required to sign a copy of the Official Secrets Act 1963. Staff are also expected to sign to acknowledge that they have received this particular Act in hardcopy and that they have read and understand it. During their induction, Officers are educated about the use of information and discretion and are made aware of their legal obligations in this regard.
