Written Answers Nos. 255-269
255. Deputy Clare Daly asked the Minister for Defence the reason the Defence Forces spent 8,000 dollars on a terrorism course with the US army in Germany for a member of the Defence Forces; if other similar courses have been funded by the taxpayer; and if he will make a statement on the matter. [44988/14]
View answerThe Defence Organisation provides for the military defence of the State, contributes to national and international peace and security and fulfils all other roles assigned by Government. In pursuit of this, the Defence Forces necessarily avails of a range of professional and academic training activities at institutions at home and abroad. This commitment also ensures that the Defence Forces continues to maintain essential capabilities and knowledge so as to contribute to operations at home and overseas.
The Defence Forces, as part of its role, is required to retain currency on international security issues which may impact the State, deployed Defence Forces personnel and other Irish citizens across a range of contexts. The Deputy will be aware that terrorism is a trans-national problem and it is important to keep up to date with best international standards in the areas of terrorism and security studies. Terrorism, asymmetric warfare and threats from non-State actors are also a feature and an issue of concern in many overseas missions where Defence Forces personnel are deployed on operations.
I am informed by the military authorities that one member of the Defence Forces attended the Programme on Terrorism and Security Studies at the George C. Marshall European Centre for Security Studies in Germany during 2014. This four-week programme addresses numerous aspects of the threats confronting nations around the world.
The total cost of attendance for one individual at this course in 2014 was €3,800. I am informed by the military authorities that Defence Forces personnel also attended this course in February 2012 and June 2013.
I am satisfied that attendance at this programme is appropriate having regard to the role of the Defence Forces and contributes to the maintenance and development of essential Defence Forces capabilities.
256. Deputy Clare Daly asked the Minister for Defence if he will confirm that the seven Irish members of the Defence Forces currently participating in the IASF mission in Afghanistan, will be withdrawn on or before 31 December 2014; if no replacement will take place; and in the event that he cannot provide this confirmation, whether he will provide a commitment that Dáil Éireann will be allowed to discuss this matter. [44989/14]
View answerIreland has participated in the NATO–led UN mandated International Security Assistance Force (ISAF) mission in Afghanistan since 5 July 2002. Seven members of the Permanent Defence Force are currently serving in the mission headquarters.
The ISAF mission is due to conclude and withdraw from Afghanistan on 31 December 2014, whereupon the Afghan National Security Forces will take over full responsibility for security within Afghanistan. NATO will lead a follow on training support operation in Afghanistan called Resolute Support Mission with effect from 01 January 2015. The NATO-led follow-on mission post December 2014 is a training support mission designed to support and develop the capacity of the Afghan National Defence Forces so as they can ensure the security of the Afghan population and its national governmental institutions following the withdrawal of ISAF.
The question of Ireland contributing to the Resolute Support mission in Afghanistan is currently under consideration and I propose to bring proposals to the Government in this regard in the coming weeks.
257. Deputy Billy Kelleher asked the Minister for Defence if his Department, or any agency of his Department, has awarded any contracts to a company (details supplied) since 9 March 2011. [45343/14]
View answerI am advised by my officials that neither the Department of Defence nor the Defence Forces have awarded any contract to this company since 9 March 2011.
258. Deputy Timmy Dooley asked the Minister for Defence if he will direct his Department to publish openly the specific gradings of eyesight acuity permitted as part of the Defence Forces recruitment procedures. [45375/14]
View answerThere are a number of physical and medical standards laid down by the Military Authorities, including specified vision requirements, for entry to all branches of the Defence Forces. These requirements are based on the professional advice of the Medical Branch and having regard to the nature of the job, the duties of military service and the training exercises undertaken by members of the Defence Forces.
Details of the minimum vision requirements for the Cadetship, Apprentice and other Direct Entry Competitions held in order to fill specialist positions in the Permanent Defence Force, are outlined in the governing Terms and Conditions for each competition. These Terms and Conditions are published on the Defence Forces website www.military.ie when advertised.
The vision requirements for General Service enlistment to the Defence Forces are normal colour vision as measured by Ishihara Method and visual acuity, which gives a military visual acuity Grade of 3, for applications for the Naval Service and Grades 1, 2, or 3 for applications for the Army and Air Corps. However, only Naval Service Recruits with visual acuity of Grade 1 are posted to the Seaman's Branch and the Communications Branch of the Naval Service.
The eyesight gradings are explained as follows:
- Grade 1 is Unaided vision of not less than 6/6 in one eye and 6/9 in the other.
- Grade 2 is Unaided vision less than in Grade 1 which is not less than either 6/12 in each eye or 6/6 in the right eye and 6/36 in the left eye.
- Grade 3 is Unaided vision less than in Grade 1, but which is not less than 6/36 in each eye and can be corrected to Grade 1.
As the minimum vision requirements for General Service Recruitment are currently not published, I have asked my Officials to arrange to have these requirements published as part of the next General Service Recruitment campaign.
259. Deputy Sandra McLellan asked the Minister for Justice and Equality if she will provide details of the practice of interviewing a child who alleges physical abuse against a parent; and if she will make a statement on the matter. [44871/14]
View answerThe Deputy will appreciate that I have no direct role in the procedures concerned which are an operational matter for the Garda authorities.
I can inform the Deputy that An Garda Síochána places a particular emphasis on tackling crimes against children as well as proactive cooperation with all relevant Departments, organisations and agencies to improve the safety of children. Children First National Guidance 2011 is adopted as Garda policy and interaction with Tusla (Child and Family Agency) is an integral part of that policy in relation to all investigations of child abuse. I am further informed that members of An Garda Síochána and TUSLA personnel have undergone joint and intensive training in investigative training in specialised skills necessary for interviewing children. I can inform the Deputy that these arrangements are kept under ongoing review.
260. Deputy Timmy Dooley asked the Minister for Justice and Equality her views on the high number of bicycle thefts within Dublin city; her Department's research on potential strategies to tackle the issue; and if she will make a statement on the matter. [45310/14]
View answer292. Deputy Timmy Dooley asked the Minister for Justice and Equality further to Parliamentary Question No. 155 of 17 October 2013, if she will provide a detailed update on bicycle theft prevention initiatives and their efficacy; and if she will make a statement on the matter. [45311/14]
View answerI propose to take Questions Nos. 260 and 292 together.
An Garda Síochána is proactive in encouraging the public to protect their property, including bicycles, and a range of measures are in place to prevent and tackle the theft of bicycles.
In this regard I am informed by the Garda authorities that a range of operational measures are pursued to combat bicycle theft and to target those who engage in it, and there is ongoing provision by An Garda Síochána of crime prevention information, and awareness raising among the general public and bicycle retailers in relation to bicycle theft.
I am further advised by the Garda authorities that analysis is conducted to determine areas of high volume theft and to identify the main offenders for these crimes so that a targeted operational approach is taken to prevention and detection.
The range of measures being pursued by An Garda Síochána include working with bicycle retailers and communities to encourage and promote bicycle registration. In addition, information leaflets on bicycle theft have been circulated and a bicycle sticker campaign has also been operated in areas where bicycles are locked by their owners. Gardaí also provide presentations to Neighbourhood Watch schemes, policing forums, schools, local office complexes and consult with apartment management companies on bicycle security and safety generally.
261. Deputy Joan Collins asked the Minister for Justice and Equality her plans to meet the canal community local policing forum (details supplied). [44789/14]
View answerI can inform the Deputy that I have recently agreed to meet with members of the Canal Communities Local Policing Forum to discuss their concerns.
262. Deputy Fergus O'Dowd asked the Minister for Justice and Equality her views on an issue raised in correspondence (details supplied) regarding firearms; and if she will make a statement on the matter. [44800/14]
View answer266. Deputy Michael Lowry asked the Minister for Justice and Equality if she will engage with interest groups in relation to the publication last week of the report on firearms licensing; if she will meet the interest groups in question without delay; if her attention has been drawn to the fact that if the recommendations are enacted as per the report they will penalise legitimate and law-abiding individuals who currently hold guns legally for hunting and sporting reasons; if she will provide a guarantee that legitimate firearm holders for the purposes of sport and hunting will be provided for by any legislation in this regard; and if she will make a statement on the matter. [44913/14]
View answer267. Deputy Willie O'Dea asked the Minister for Justice and Equality if she will implement the recommendations of her Department's An Garda Síochána working group review of firearms and licensing; and if she will make a statement on the matter. [44915/14]
View answer274. Deputy Willie Penrose asked the Minister for Justice and Equality if she will confirm having received the correspondence from an organisation (details supplied); whether she will ensure real and meaningful consultations take place in order to enable these organisations to have an input into the review of the firearms legislation pertaining to this area; and if she will make a statement on the matter. [45029/14]
View answer279. Deputy Sean Fleming asked the Minister for Justice and Equality if she will facilitate a meeting between her Department and interested parties as part of the consultation process arising from the publication of the working group report in the area of firearms licensing, rather than interested parties only being allowed written submissions as part of this process; and if she will make a statement on the matter. [45109/14]
View answer296. Deputy Willie Penrose asked the Minister for Justice and Equality if she will ensure that meaningful consultation will take place in the context of the review of the firearm licensing legislation and that such consultation will be meaningful in the context where it already appears that the removal of Annexe F of the Garda Commissioners Guidelines has been approved as an outcome of a review notwithstanding that it would only involve a very small group of target pistol shooters in the country and in the context that the changes to firearms legislation are so wide-ranging that every clay pigeon shooter, rifle shooter and ordinary farmer would be impacted upon; if she will take steps to ensure that a meaningful opportunity will be provided to organisations that represent these licence holders to have their views listened to in a proper consultative way; and if she will make a statement on the matter. [45384/14]
View answerI propose to take Questions Nos. 262, 266, 267, 274, 279 and 296 together.
In light of public safety concerns highlighted by An Garda Síochána and difficulties in the interpretation of the legislation expressed by members of the Judiciary, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by my Department to review firearms licensing. The Report of this Working Group was published on 13 November and submissions on the Report have been sought from stakeholders and the public by 31 January 2015. The consultation process gives individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
I have already given a commitment that I will not make any final decisions until I have had the opportunity to consider all the submissions which are made and I subsequently meet the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. I would now urge all concerned to engage with this process so that the views of all concerned can be considered before final decisions are made in relation to this matter.
The Garda Commissioner has made a decision, with Ministerial consent, to issue new Garda Guidelines on the Firearms Acts which exclude the former Annexe F of the guidelines. The interpretation of the previous Annexe F had caused serious difficulties and confusion in regard to applications for firearm certificates for .22 calibre handguns and has resulted in over 30 Judicial Review applications to date. The Commissioner made this decision to issue new Guidelines, without Annexe F, on foot of consultations with the Attorney General’s Office (AGO) and Counsel for the State regarding Judicial Review applications on the licensing of .22 calibre handguns. There have been no changes to either primary or secondary legislation as a result of amending these guidelines. A more general revision of the Garda Guidelines will be carried out in light of the outcomes of the public consultation on the review of firearms licensing.
263. Deputy Lucinda Creighton asked the Minister for Justice and Equality the reform proposals that have been acted upon arising from a consultation seminar held on justice reform in Farmleigh House on 20 June 2014; and if she will make a statement on the matter. [44803/14]
View answerThe underlying focus of the Government’s comprehensive programme of justice reform is to put in place effective arrangements for the oversight, governance and accountability of the Garda Síochána. The Cabinet Committee on Justice Reform, which is chaired by the Taoiseach, is overseeing the implementation of the Government programme and it sought the views of the public by way of a public consultation process in May 2014. In addition I hosted the Farmleigh seminar in June 2014 to provide a platform for key stakeholders and persons with an interest in Garda reform to discuss elements of the programme.
Since the Farmleigh seminar significant progress has been achieved with regard to the Government reform programme and, in particular, I would draw the attention of the Deputy to the following items:
- The Independent Review Mechanism, consisting of a panel of counsel established to examine approximately 300 complaints alleging Garda misconduct or problems with investigating misconduct, is continuing its work and has made significant progress;
- The Public Appointments Service has managed the first open competition to appoint a new Garda Commissioner and the appointment of Commissioner O'Sullivan has been made today by the Government;
- Following a process undertaken by the Public Appointments Service seeking expressions of interest, the Government has recently nominated Ms Josephine Feehily as the Chairperson-designate for the forthcoming Independent Policing Authority. As Chairperson-designate Ms Feehily has assisted in the final round of the recruitment process for the appointment of the Garda Commissioner and she will be involved in the preparations for the establishment of the Authority;
- I have published the General Scheme of a Bill to provide for the establishment of the new Independent Policing Authority. The General Scheme has been referred to the Oireachtas Joint Committee on Justice, Defence and Equality for scrutiny in parallel with the priority drafting of the Bill which will be introduced in the Oireachtas as soon as practicable;
- I have also recently published the Garda Síochána Inspectorate’s crime investigation report. The report deals with crime recording and investigation, and also deals with some of the concerns raised by Mr. Seán Guerin SC in his report to the Government earlier this year in respect of certain Garda actions. The report contains more than 200 recommendations for implementation which are being actively pursued;
- Work is being finalised on the establishment of a Commission of Investigation into matters identified in the Guerin report;
- The Fennelly Commission of Investigation set up to examine the operation of telephone recording systems in certain Garda Stations over many years, as well as other matters, recently sought an extension to its end of 2014 deadline for the submission of its report. However, the Commission has indicated that it will submit an interim report in respect of specific issues;
- The report of Judge Cooke’s inquiry into reports of unlawful surveillance of GSOC has been published and GSOC has published a redacted version of the report it commissioned into the possible disclosure of confidential information;
- The Garda Síochána (Amendment) (No. 3) Bill 2014 has been introduced to expand the remit and powers of the Garda Síochána Ombudsman Commission (GSOC). In addition the Bill contains measures to clarify certain matters raised in Judge Cooke’s report and amendments are also being made to legislation in respect of the exercise of certain police powers by GSOC;
- The review of the Garda Síochána under the Haddington Road Agreement is expected to be completed shortly and encompasses all aspects of the operation and administration of the Garda Síochána;
- I published the Report of the Independent Review Group on the Department of Justice and Equality in July and I am working closely with the Department’s senior management team to implement the report’s recommendations;
- The Protected Disclosures Act 2014 has amended Garda legislation to allow Garda members to make “protected disclosures” to GSOC in confidence in respect of alleged Garda misconduct. The relevant provisions of the Act have been brought into operation; and
- The recently enacted Freedom of Information Act 2014 extends to the Garda Síochána.
264. Deputy Joan Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of arrests made, proceedings commenced and convictions for prostitution offences between the years 2008 and 2014, by offence type, county, gender and age group; and if she will make a statement on the matter. [44808/14]
View answerThe 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.
265. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she will make telephone contact with the relevant immigration officer in respect of persons (details supplied) in Dublin 15; and if she will make a statement on the matter. [44864/14]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the position in the cases of the persons concerned is as set out in my Reply to his earlier Parliamentary Question, No. 511 of Tuesday, 4th November, 2014 (copied beneath).
As I have advised the Deputy previously, in my Replies to his Parliamentary Questions dated 10th July, 2014 (PQ No. 158) and 18th September, 2014 (PQ No. 164), I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the persons concerned were granted permission to remain in the State in August, 2007 for an initial three year period, valid to 14th August, 2010. This permission to remain was renewed for a further three year period in August, 2010, valid to 14th August, 2013 in all cases. These renewal decision letters were dated 4th August, 2010.
The renewal decision letters referred to advised the persons concerned of the requirement that they apply for further renewal of their permission to remain one month before their existing permission expired. Given that there is still no record of any such renewal applications having been lodged to date, it is recommended that the persons concerned would proceed to do so without further delay.
The onus is on the persons concerned to apply for the renewal of their respective permissions to remain. Such renewal applications must be made in the first instance in order for them to be considered by the immigration authorities. Any alternative process suggested by the Deputy is inappropriate.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
268. Deputy Denis Naughten asked the Minister for Justice and Equality the information which the Garda must provide to a Peace Commissioner when seeking a search warrant; the plans she has to review the current legislation; and if she will make a statement on the matter. [44951/14]
View answerThe normal practice is for search warrants to be issued by a judge of the District Court. There are a very small number of Acts under which, in addition to a judge of the District Court, a Peace Commissioner may also issue a search warrant in respect of specific items or material.
The Acts in question set out the information that a member of the Garda Síochána must provide for the granting of a search warrant. The information required varies depending on the offences at issue. The relevant provisions include:
- Road Traffic Act 1961 - section 106, as amended.
- Misuse of Drugs Act 1977 - section 26, as amended.
- Control of Dogs Act 1986 - section 26.
- Prohibition of Incitement to Hatred Act 1989 - section 9.
- Video Recordings Act 1989 - section 25, as amended.
- Firearms and Offensive Weapons Act 1990 - section 15.
It is proposed that a review of the position generally in relation to search warrants will be carried out within my Department. A Law Reform Commission report on search warrants is awaited and is expected to be published in 2015. I will consider, on foot of that report, what changes are required to the law on search warrants.
269. Deputy Clare Daly asked the Minister for Justice and Equality if she will investigate the incident on 16 November 2014 outside the Mansion House, Dublin where a woman was very forcibly pushed to the ground by members of An Garda Síochána; the actions she will take; and if she will make a statement on the matter. [44980/14]
View answerThere are well established procedures where anyone can complain against the behaviour of an individual member of An Garda Síochána through the Garda Síochána Ombudsman Commission (GSOC). Any evidence to support these claims should also be brought to the attention of GSOC.
The Garda Síochána Ombudsman Commission (GSOC) is an independent body which was set up to receive complaints made by members of the public concerning allegations of misconduct by members of the Garda Síochána.
As the Ombudsman Commission is statutorily independent in its examination of complaints I have no role in its conduct of investigations.
