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Thursday, 27 Nov 2014

Written Answers Nos. 105-112

Garda Operations

Questions (105)

Thomas P. Broughan

Question:

105. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if it is the case that a crime scenes unit is always dispatched to assess the scene of a road collision in which there has been a fatality or serious injury. [45603/14]

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Written answers

The Deputy will appreciate that I have no direct role in the procedures concerned which are an operational matter for the Garda authorities.

I am however informed by the Garda authorities that traffic collisions are investigated in accordance with Garda traffic collision investigation policy and that Garda Forensic Collision Investigators attend the scene of every fatal road traffic collision, and every collision where information indicates that there is a likelihood of a fatality resulting from that collision.

Garda Deployment

Questions (106)

Thomas P. Broughan

Question:

106. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of personnel in An Garda Síochána who work in the crime scenes unit. [45604/14]

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Written answers

As 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 there are 140 members assigned to the Crime Scenes Unit.

Garda Reserve

Questions (107)

Colm Keaveney

Question:

107. Deputy Colm Keaveney asked the Minister for Justice and Equality regarding correspondence (details supplied) if she will consider, in view of the commitment to An Garda Síochána, their communities and country shown by members of the Garda Reserve, and in view of the potential savings in training costs, altering the relevant legislation to give reserve members priority in any recruitment programme for the full-time force and to waive the 35 year age limit where a person had joined the reserve force before that age; and if she will make a statement on the matter. [45620/14]

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Written answers

As the Deputy will be aware, one of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control all members of An Garda Síochána, including the Garda Reserve. 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 wish to put on record my appreciation for the contribution that those who volunteer for service as Garda Reserve members make on a daily basis to the work of An Garda Síochána. Together with full time members, they provide vital assistance to communities and neighbourhoods right across the country.

The age at which any candidate may apply to join the Garda Síochána as a full time member is set by regulation 4(a) of the Garda Síochána (Admissions and Appointments) Regulations 2013 which states as follows:

4. Subject to the provisions of these Regulations, a person is eligible to apply for admission as a trainee where, on the closing date specified in the advertisement for the competition to which the admission relates—

(a) the person has attained 18 years of age but has not yet attained 35 years of age.

This regulation applies without discrimination and no concessions are available to any person.

For those who do meet the age requirements, the Admission and Appointment Regulations provide that, as part of the competitive selection process organised by the Public Appointments Service for full-time membership of An Garda Síochána, "due recognition to any satisfactory service by the person as a reserve member" shall be given to such candidates. This provision was introduced in order to acknowledge the beneficial experience and skills gained by a reserve member and to allow them, at assessments and at interview, the opportunity to highlight that experience and skill. It is important that all persons wishing to join the full time force undergo the same competitive selection and recruitment process. In doing so the integrity of the process is maintained at all stages of the competition.

Irish Naturalisation and Immigration Service Administration

Questions (108)

Joanna Tuffy

Question:

108. Deputy Joanna Tuffy asked the Minister for Justice and Equality further to Parliamentary Question No. 121 of 24 September 2014, when application forms will be published (details supplied); and if she will make a statement on the matter. [45627/14]

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Written answers

The Irish Naturalisation and Immigration Service of my Department is currently finalising the application form, including information in relation to required documents and expects to publish this application form shortly. My Department remains committed to making a final decision on all applications, in respect of students who were granted a Two Year Student Probationary Extension during the period 28 August 2012 to 26 February 2013, by 31 March 2015. In the interim period, I understand that non-EEA students resident on Stamp 2 under the terms of the Student Probationary Extension have been granted temporary Stamp 4 conditions for a period of six months. This temporary permission is entirely without prejudice to their application which non-EEA students will be able to submit in the coming weeks.

Firearms Seizures

Questions (109)

Brendan Griffin

Question:

109. Deputy Brendan Griffin asked the Minister for Justice and Equality if the Luger pistol confiscated by the RIC from Roger Casement in 1916 is in Garda headquarters in the Phoenix Park; if so, if it will be handed over to the National Museum of Ireland; and if she will make a statement on the matter. [45634/14]

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Written answers

I have been informed by the Garda Commissioner that the item referred to by the Deputy is not retained at Garda Headquarters.

Prison Visiting Regulations

Questions (110)

Clare Daly

Question:

110. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 70 of 20 November 2014, whether her understanding is that the term "spiritual visits" is synonymous with the provision of a regular chaplaincy service within the prison system or refers to spiritual comfort visits from priests, pastors and those who officiate in other religions who come from outside the prison, for example, from a prisoner's home area; which spiritual visits have hitherto been allowed surplus to the regular visits to which prisoners are entitled; and if there has been a policy change to discontinue such spiritual comfort visits per above citing overcrowding in prisons. [45655/14]

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Written answers

I wish to inform the Deputy that there is no change in policy in Chaplains/Spiritual External persons visiting prisoners in prison.

The Irish Prison Chaplain Service has a crucial role in the provision of pastoral and spiritual care to the entire prison community and seeks to meet the needs of all denominations. In addition to the Chaplain Service, external spiritual visitors of other churches/religions can attend the prisons on a visiting basis, subject to normal visit rules.

All persons entering a prison must be on a prisoner's visitor panel which are nominated by the prisoner only. There are two types of panel for each prisoner namely a standard panel which predominantly features family and friends and a professional panel which features legal personnel and any other person providing a service.

It should be noted that some "Spiritual External" persons may be listed as family and friends by prisoners and would not be recorded by their title. I can confirm that up to and including the 25 November 2014 there were 688 instances of a person entering our prisons with a relationship description of Chaplain/Spiritual External which includes priests. Prisoners can avail of special visits outside their normal visits entitlement on approval from the Governor of the prison. These are normally approved for compassionate reasons e.g. in the event of a family bereavement or personal issue.

Garda Strength

Questions (111)

John Paul Phelan

Question:

111. Deputy John Paul Phelan asked the Minister for Justice and Equality the number of gardaí in An Garda Síochána from 1970 to the present, broken down annually. [45662/14]

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Written answers

As 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 Reserves, 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 however been informed by the Garda Commissioner that the personnel strength of An Garda Síochána for the years 1971 to 2014 is as set out in the table. Some years are not readily available and can only be obtained by using a disproportionate amount of time and resources. Also set out is the strength of the Garda Reserve since it was established in 2006.

Year

Garda Strength

Year

Garda Strength

1971

6,703

2002

11,895

1979

9,559

2003

12,017

1981

9,933

2004

12,209

1986

11,372

2005

12,264

1991

10,776

2006

12,954

1993

10,882

2007

13,755

1994

10,827

2008

14,412

1995

10,816

2009

14,547

1996

10,804

2010

14,377

1997

10,968

2011

13,894

1998

11,235

2012

13,424

1999

11,458

2013

13,093

2000

11,640

30/09/14

12,861

2001

11,815

Garda Reserve

Year

Reserve

2006

30

2007

205

2008

319

2009

478

2010

700

2011

877

2012

991

2013

1164

2014

1112

Judicial Appointments

Questions (112)

Niall Collins

Question:

112. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to the fact that in other countries, experience as an academic lawyer or an in house lawyer qualifies people for appointment to judicial appointments; her views on whether a similar provision should be introduced here; if so, if she will she bring legislation forward to introduce such a change; and if she will make a statement on the matter. [45678/14]

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Written answers

Under the Constitution, judges are appointed by the President on the advice of the Government. The current process for the appointment of judges in Ireland is set out in the Courts and Courts Officers Act 1995 as amended which established the Judicial Appointments Advisory Board and set out the basic requirements for eligibility for judicial appointment. Applicants wishing to be considered for judicial appointment can submit written applications to the Board providing information on their education, professional qualifications, experience and character. Amendments to the Act in 2002 rendered practising solicitors eligible for appointment to all courts and as a consequence both solicitors and barristers in legal practice for a designated number of years are eligible for appointment to each of the courts from the District Court up to and including the Supreme Court.

The Minister for Justice and Equality announced a consultation process on the system of judicial appointments in December 2013. Submissions were invited to address issues such as

- eligibility for appointment;

- the need to ensure and protect the principle of judicial independence;

- promoting equality and diversity;

- the role of the Judicial Appointments Advisory Board, including its membership and its procedures.

I can inform the Deputy that the eligibility issues to which he refers - experience as an academic lawyer or an 'in-house' lawyer - have been raised in the consultation process. While legal academics are not eligible for judicial appointment, the position is that solicitors in employment including those in the full-time service of the State are regarded as practising (and are therefore eligible for appointment subject to normal conditions) but generally employed barristers are not so regarded.

A report addressing all relevant eligibility and other issues arising from the consultations process is currently being finalised which, following further discussions with the judiciary and the approval of Government, will lead to Draft heads of a Judicial Appointments Bill.

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