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Wednesday, 14 Jan 2015

Written Answers Nos. 456-473

Prisoner Data

Questions (456)

Niall Collins

Question:

456. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of persons currently in prisons here between the ages of 16 and 25; and if she will make a statement on the matter. [1410/15]

View answer

Written answers

I wish to inform the Deputy that the total number of persons in prisons between the ages of 16 and 25 years of age on 13 January 2015 was 844. This figure is made up of 824 males and 20 females. Their ages are set out in the following table.

Age

Number of prisoners

16 years of age

0

17 years of age

13

18 years of age

33

19 years of age

56

20 years of age

105

21 years of age

111

22 years of age

135

23 years of age

132

24 years of age

135

25 years of age

124

Total

844

Garda Deployment

Questions (457)

Niall Collins

Question:

457. Deputy Niall Collins asked the Minister for Justice and Equality the number of gardaí stationed in counties Carlow and Kilkenny by station in each of the past five years; the number of vehicles in same; and if she will make a statement on the matter. [1411/15]

View answer

Written answers

One of the primary functions of the Garda Commissioner under the Garda Síochána Acts, is to direct and control An Garda Síochána. 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.

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. However, I have been informed by the Garda Commissioner that the personnel strength of the Kilkenny/Carlow Garda Division broken down by Station on 31 December 2010 to 2013 and on 30 November 2014, the latest date for which figures are readily available, was as set out in the table.

With regard to the number of vehicles, 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 informed by the Garda authorities that the number of cars in the Carlow/Kilkenny Garda Division is set out in the table below:

Carlow/Kilkenny Vehicles 2011 - 2015

-

2011

2012

2013

2014

2015

Carlow

12

11

13

16

16

Kilkenny

20

19

20

25

25

Thomastown

12

13

18

22

22

Total

44

43

51

63

63

Gardaí

Station

2010

2011

2012

2013

2014

Ballon

1

1

1

1

1

Borris

2

2

2

2

2

Carlow

77

77

74

71

70

Hacketstown

1

1

1

1

1

Leighlinbridge

2

2

2

closed

closed

Muinebheag

11

12

12

14

12

Myshall

1

1

1

1

1

Rathvilly

1

1

1

1

1

Tullow

18

17

17

17

15

Ballyragget

0

1

1

closed

closed

Callan

6

6

6

7

6

Castlecomer

14

14

13

12

12

Johnstown

3

2

1

closed

closed

Freshford

1

1

0

1

1

Kilkenny

105

98

101

101

98

Urlingford

1

1

1

2

2

Ballyhale

1

1

1

0

0

Bennetsbridge

1

1

1

1

1

Glenmore

1

0

1

1

1

Goresbridge

2

2

2

2

2

Graiguenmanagh

7

5

5

4

4

Inistioge

1

0

1

closed

closed

Kilmacow

1

1

1

1

1

Kilmoganny

1

1

0

1

1

Mooncoin

8

14

13

12

12

Mullinavat

6

1

2

2

2

Piltown

1

1

1

1

1

Stonyford

1

1

0

0

0

Thomastown

42

38

36

33

33

Policing Authority Establishment

Questions (458)

Mick Wallace

Question:

458. Deputy Mick Wallace asked the Minister for Justice and Equality her views with the previous Ombudsman for Children that a representative from that office should be represented on the new independent Garda authority; and if she will make a statement on the matter. [43962/14]

View answer

Written answers

As the Deputy will be aware the preparation of a Bill to provide for the establishment of the new Policing Authority is under way. In this context the question of the composition of the Authority will be carefully considered. The Bill is being drafted on a priority basis.

Inniúlacht sa Ghaeilge sa Státseirbhís

Questions (459)

Éamon Ó Cuív

Question:

459. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais bunaithe ar an treoir a thug an Roinn Caiteachas Phoiblí agus Athchóirithe do gach Roinn, cad é líon agus cad iad gráid na bpost dá mbeidh státseirbhísigh atá inniúil sa Ghaeilge agus sa Bhéarla ag teastáil; cad é líon na bpost sin a bhfuil duine leis an gcumas cuí Gaeilge agus Béarla iontu cheana féin, arna bhriseadh síos de réir gráid; cén cháilíocht Ghaeilge atá riachtanach do na poist sin; i gcás nach bhfuil an treoir ón Roinn Caiteachais Phoiblí agus Athchóirithe comhlíonta, cad é údar na moille agus cén uair a dhéanfar an scrúdú; agus an ndéanfaidh sí ráiteas ina thaobh. [1435/15]

View answer

Written answers

Tá post amháin ag an Roinn faoi láthair, mar Aistritheoir, a bhfuil sé riachtanach go mbeadh sealbhóir an phoist sin dátheangach go feidhmiúil sa Ghaeilge agus sa Bhéarla.

Is é príomhról an Aistritheora Rialacha Cúirte a aistriú go Gaeilge. Tá an tAistritheoir ar leabhéal atá coibhéiseach le leibhéal Príomhoifigigh Chúnta.

Líon beag ceisteanna agus fiosruithe a fhaigheann an Roinn as Gaeilge agus de ghnáth is é an tAistritheoir a dhéileálann leo. Aistríonn an tAistritheoir comhfhreagras i nGaeilge a fhaigheann an Roinn agus cuirtear ar aghaidh go dtí an Rannán iomchuí é.

Níl iniúchadh foirmeálta déanta ag mo Roinn ar na poist agus na réimsí oibre ina mbeidh státseirbhísigh atá inniúil sa Bhéarla agus sa Ghaeilge ag teastáil ach, bunaithe ar mheasúnú a rinneadh roimhe seo, tá an Roinn sásta, bunaithe ar an éileamh, gur féidir leis an Aistritheoir freastal ar an riachtanas. Seolfaidh mo Roinn iniúchadh i 2015 i dteannta mheasúnú leanúnach na Roinne ar riachtanais foirnithe faoin gcreat pleanála fórsa oibre. Ar ndóigh, tá dul chun cinn sa réimse seo ag brath ar líon na ndaoine san earnáil phoiblí agus sriantachtaí earcaithe a chomhlíonadh.

Ina theannta sin, measann an Roinn gur mór an cúnamh é cohórt a bheith á chothabháil aici de bhreis is 50 oifigeach atá ar fáil chun seirbhísí a sholáthar (is é sin, ceisteanna agus fiosruithe a fhreagairt) as Gaeilge don Roinn, go háirithe ag cur san áireamh leibhéal na gceisteanna agus na bhfiosruithe a fhaigheann an Roinn as Gaeilge.

Departmental Expenditure

Questions (460)

Barry Cowen

Question:

460. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide in tabular form the total photography costs for her Department per annum in 2011, 2012, 2013 and 2014; the costs incurred from use of the ministerial allowance; a list of occasions for which photographers were booked; the photographers used; a breakdown of costs associated with each occasion that a photographer was used; and if she will make a statement on the matter. [1441/15]

View answer

Written answers

Photography costs were incurred by my Department in the relevant years, as follows:

2011

€1,841.93

2012

€1,446.70

2013

€2,089.39

2014

€966.78

I can inform the Deputy that photographic services are only used by my Department to mark and provide a record of significant occasions. Consideration is given at all times to the costs involved and best value for money is always a priority when sourcing such services.

The list of occasions when photographers were engaged and the associated costs are as follows;

Occasion

Year

Photographer

Cost

Opening of Monaghan Court House

2011

Adrian Donohoe

€302.50

Appointment of Garda Commissioner

2011

Maxwell Photography

€431.67

Appointment of Deputy Garda Commissioner

2011

Maxwell Photography

€500.34

Launch of Visa Waiver Scheme

2011

Maxwell Photography

€607.42

Joint Statement with UK Immigration Minister, on Visa Data Exchange

2012

Maxwell Photography

€92.25

Joint Statement with UK Immigration Minister, on Visa Data Exchange

2012

Maxwell Photography

€526.35

Launch of conference "Regulatory Reform for Legal Profession in 21st Century".

2012

Maxwell Photography

€276.75

Deployment of Civilian Immigration Officers to Dublin Airport

2012

Maxwell Photography

€551.35

Meeting with Romanian Minister for Internal Affairs

2013

MAC INNES Photography

€344.51

Justice Home Affairs Committee - event

2013

MAC INNES Photography

€50.18

EU Presidency

2013

MAC INNES Photography

€200.40

EU Presidency

2013

MAC INNES Photography

€387.93

Bi-lateral meeting of EU & US delegates

2013

MAC INNES Photography

€1,106.37

National Missing Persons Day

2014

Maxwell Photography

€413.28

Appointment of Chief Executive Designate to Charities Regulatory Authority

2014

Maxwell Photography

€123

First Board Meeting of the Charities Regulatory Authority

2014

Maxwell Photography

€275.52

Promote safety on Fireworks Night

2014

Maxwell Photography

€154.98

The Deputy may wish to note that questions concerning Ministerial allowances are solely a matter for the Oireachtas.

Public Relations Contracts Expenditure

Questions (461)

Barry Cowen

Question:

461. Deputy Barry Cowen asked the Minister for Justice and Equality if she will provide in tabular form the use of external public relations firms employed by her Department per annum in 2011, 2012, 2013 and 2014; a list of uses of the external public relations firm; and if she will make a statement on the matter. [1449/15]

View answer

Written answers

I wish to refer the Deputy to Parliamentary Question Ref No 49385/14 which was answered on 18 December 2014.

Firearms Licences

Questions (462)

Gerry Adams

Question:

462. Deputy Gerry Adams asked the Minister for Justice and Equality her plans for a compensation scheme for those persons who may be unable in the future to obtain licences for currently legally held firearms following the introduction of any forthcoming firearms licensing legislation. [1499/15]

View answer

Written answers

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 issue of compensation is dealt with at Section 13 of the Report. The report states that the Courts have held that the possession of a firearm is not a right but a privilege. The Courts have in the past taken the view that what is in the State’s gift cannot be required to be compensated if it is withdrawn.

I do not wish to elaborate any further at this stage, prior to receipt and consideration by me of submissions made. 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 on the Review Report and I have met the key stakeholders.

Wards of Court

Questions (463)

Jerry Buttimer

Question:

463. Deputy Jerry Buttimer asked the Minister for Justice and Equality the progress of the revised Assisted Decision-Making (Capacity) Bill 2013; when it will be published; and if she will make a statement on the matter. [1514/15]

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Written answers

The Assisted Decision-Making (Capacity) Bill 2013 proposes a modern statutory framework to support decision-making by adults with capacity difficulties. Its aim is to enable these persons to exercise decision-making autonomy to the greatest extent possible. To this end, the Bill provides for the replacement of the adult Wards of Court system with a less intrusive system. It also offers a continuum of options to support people in maximising their decision-making capability. Its enactment is a key element in enabling Ireland to ratify the UN Convention on the Rights of Persons with Disabilities.

The Bill was published in July 2013, completed second stage in Dáil in December 2013 and is awaiting committee stage in the current session. As the Bill has already commenced its transit through the Houses of the Oireachtas it will not be republished. However, amendments to it will become a matter of public record as it passes through each stage of the legislative process. My Department is currently working, in this regard, on amendments to the Bill to align it more closely with the UN Convention on the Rights of Persons with Disabilities and to strengthen the safeguards necessary to enable persons with capacity difficulties to exercise greater autonomy in decision-making.

Commissions of Investigation

Questions (464)

Richard Boyd Barrett

Question:

464. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if the terms of reference of the commission of inquiry arising out of the Guerin report can or is it likely to be extended at any stage to include any other cases, such as the cases being reviewed by the panel of council; and if she will make a statement on the matter. [1582/15]

View answer

Written answers

The Deputy is referring to the Commission of Investigation being established on foot of the recommendations of Mr Seán Guerin, SC, in his report of 6 May 2014 on how allegations made by Sergeant Maurice McCabe concerning certain cases connected to the Cavan/Monaghan Garda Division were handled. I published the draft Order proposing the establishment of this Commission of Investigation on 19 December 2014. The draft Order includes the terms of reference for the Commission. All of the matters recommended by Mr Guerin SC for inclusion in a Commission of Investigation are included in the terms of reference.

With reference to the independent review by a panel of counsel of certain allegations of Garda misconduct to which the Deputy refers, the panel has been examining over 300 cases. Its role is effectively to triage those cases with a view to determining to what extent and in what manner further action may be required in each case. Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.

Anti-Social Behaviour

Questions (465)

Niall Collins

Question:

465. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide assurances to residents in Fettercairn estate, Tallaght, Dublin 24 that everything possible is being done to deal effectively with the recent outbreak of crime and anti-social behaviour in the estate; if she will address the need for urgent action; and if she will make a statement on the matter. [1643/15]

View answer

Written answers

I am informed by the Garda authorities that while they aware of concerns raised regarding a recent incident in the area in question, local Garda management report that there is no notable reporting or evidence of an increase in crime within the Fettercairn area.

The area is regularly patrolled by foot and mobile patrols including Mountain Bike patrols augmented by Divisional Units such as the Divisional Task Force and Traffic Units. In addition, the local District strength is supplemented by resources from Garda National Units including the Garda National Drugs Unit and the National Bureau of Criminal Investigation, as required. This allows for an effective response to crime and associated problems in the Tallaght and Fettercairn area.

I am further informed that there are specific Gardaí attached to each local area within Tallaght. These members liaise closely with schools, businesses, community centres, and with various other community groups in the area. Community Gardaí operate clinics in the Fettercairn area each week in conjunction with the Anti-Social Behaviour Unit of South Dublin County Council.

A Garda Youth Diversion Project has also been established in the area. This project is coordinated by Tallaght Youth Service and targets approximately fifty youths in the parish between the ages of 14 and 18, many of whom have previously come to Garda attention. These projects are community based multi-agency crime prevention initiatives which primarily seek to divert young people who have been involved in anti-social behaviour by providing suitable activities to facilitate personal development and improve long term employment prospects. The projects may also work with young people who are significantly at risk of becoming involved in anti-social behaviour with a view to improving the quality of life within communities and enhancing community relations.

Garda personnel levels and deployment are monitored and adjusted according to needs and analysis of crime trends and anti-social activities in the particular area. In addition, local Garda management has put in place targeted proactive measures, including in Fettercairn, which focus patrols on the most vulnerable locations, and these and all other local policing arrangements are kept under ongoing review.

Crime Levels

Questions (466)

Niall Collins

Question:

466. Deputy Niall Collins asked the Minister for Justice and Equality if she will ensure that immediate action is taken in respect of the recent rise of crime in the Saggart, County Dublin area; if her attention has been drawn the concerns of the local community that local gardaí are properly resourced to deal with the situation; and if she will make a statement on the matter. [1644/15]

View answer

Written answers

I 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.

Garda Operations

Questions (467)

Róisín Shortall

Question:

467. Deputy Róisín Shortall asked the Minister for Justice and Equality her views on correspondence (details supplied); if her attention has been drawn to the advice being offered by local gardaí about the weakness of legislation and their inability to adequately police this problem; the actions she is taking to address this serious problem; and she will again seek a full report on the problem from An Garda Síochána in order that the legislation can be changed or clarified in order that ultimately the problem may be policed. [1649/15]

View answer

Written answers

I am aware of the issues referred to by the Deputy, which have been the subject of consultations between my Department, the Department of the Environment, Community and Local Government, the Department of Transport, Tourism and Sport, and the Garda authorities. I have sought a further report from the Garda authorities in relation to the particular correspondence which the Deputy has brought to my attention.

I will communicate with the Deputy directly when I have received and had an opportunity to consider the Garda report.

International Terrorism

Questions (468)

Michael McCarthy

Question:

468. Deputy Michael McCarthy asked the Minister for Justice and Equality her views on the rising threat of fundamental Islamic terrorism with origins in the EU; the actions that are being taken by the Irish Government to address and guard against such a threat; the measures in place to guard against the spread of fundamentalist Islamic terrorism here; and if she will make a statement on the matter. [1658/15]

View answer

Written answers

There is obvious and considerable concern across Europe and elsewhere in relation to the threat posed by Islamist terrorism. The events in Paris last week are a stark illustration of the reality of this situation.

However it is important that any response Ireland might make in a national context is proportionate.

An Garda Síochána monitors the movements of those suspected of involvement in extremist behaviour. The number of Irish citizens who are believed to have travelled to the conflict zones since the commencement of the Arab Spring is estimated at between 25 and 30. However, within that number are individuals who would have travelled to Libya and other Arab States to take part in the popular uprisings there which began in December 2010. Others travelled for humanitarian or family reasons. Nonetheless some are also known to have participated in the various conflicts and at least three have lost their lives.

There are also a number of individuals who have returned from the conflict zones and a small number of people based here who support extremism and would try to facilitate it. The activities of these people are closely monitored by An Garda Síochána and there is very close cooperation with security services in other jurisdictions.  It would be counterproductive to go into what specific intelligence is available.

In line with best practice internationally An Garda Síochána has engaged with returnees from the conflict areas. The Gardaí also operate a progressive community relations programme through its Racial Inter-Cultural and Diversity Office. That office is in regular contact with our minority communities and recently received favourable comment on its operation from the UN Counter Terrorism Committee.

It is also vital that the State has the necessary legislation in place to address the terrorist threat. In that context I wish to advise the Deputy that the Criminal Justice (Terrorist Offences) (Amendment) Bill 2014 has already passed all stages in the Seanad. The Bill, when enacted, will create the three new offences of, public provocation to commit a terrorist offence, recruitment for terrorism and training for terrorism. These offences will carry sentences of up to 10 years imprisonment on conviction on indictment and are particularly pertinent to the nature of the threat posed by radicalised individuals and indeed those who incite them to commit such heinous acts as those witnessed last week. It is expected that the Bill will go before the Dáil next month and that it will be passed shortly thereafter.

In an international context, Ireland has been active on this issue for some time now. Indeed priority was given to the matter during the Irish Presidency of the Council of the European Union in 2013. In that connection Ireland was successful in gaining the agreement of the Member States to carry out a review of the EU Strategy for Countering Radicalisation and Recruitment to Terrorism. A primary point of focus in this review is the foreign fighter issue. A number of initiatives at EU level have since been developed for member States to combat this phenomenon including community relations initiatives, media campaigns, enhanced tracking of suspects' movements, engagement with third countries (notably Turkey) and engagement with internet service providers and social media companies to curb radical online content.

Within the EU framework the Government has consistently supported the availability of airline Passenger Name Records (PNR) data to law enforcement services, subject to the appropriate safeguards. The proposed EU Directive on PNR is an important measure in the ongoing fight against terrorism and serious crime. While agreeing a PNR Directive has proved a very contentious policy area from the European Parliament’s point of view, this Government's strong preference is for an agreed EU framework for PNR and we will continue to work with our colleagues in other EU Member States to reach an agreement on this matter. The sole and shared aim of this Directive is, after all, to ensure the safety of our citizens .

Consultancy Contracts Data

Questions (469)

Tom Fleming

Question:

469. Deputy Tom Fleming asked the Minister for Justice and Equality if she will provide details of all consultancy firms engaged by her Department during 2014; if she will also provide details of all the relevant fees paid to those firms during the period; and if she will make a statement on the matter. [1671/15]

View answer

Written answers

The information requested by the Deputy is set out in the table below:

Company/Consultancy Firm

Purpose

Amount Paid - 2014

(€)

Rits Bianconi Research Ltd

Information Security Consultancy

38,712

University of Limerick

Analysis of text for final Review of National Strategy on Domestic, Sexual and Gender-based Violence 2010-2014

5,786

Ms. Maureen Lynott

Facilitation of and reporting on a Consultative Forum for the National Strategy on Domestic, Sexual and Gender-based Violence on 17 November, 2014

4,900

Professor Tim Trimble

Research project commissioned jointly by the Probation Service and the Probation Board of Northern Ireland

6,204

Rits

Expert advice relating to the security of information systems in the Garda Síochána Ombudsman Commission

5,623

Dr. John Pearse (two separate payments)

To assist with the work of the Smyth Advisory Committee which was set up to advise the Department on any changes in the law or practice in relation to interviewing suspects held in Garda custody.

104

and

Sterling £6,922

Crime Data

Questions (470)

Catherine Murphy

Question:

470. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason certain crime statistics, in particular rates of theft and burglary, are higher in the commuter belt counties of Kildare and Meath; if her attention has been drawn to the fact that Garda resources per capita in these counties are the worst in the country; and if she will make a statement on the matter. [1681/15]

View answer

Written answers

As the Deputy will be aware, responsibility for the publication of recorded crime statistics rests with the Central Statistics Office as the national statistics agency. The most recent published figures covered the 12 month period to the end of the second quarter of 2014 and indicated that the number of burglary offences were down very slightly on the previous 12 months (down by 0.1%). While provisional information received from An Garda Síochána for the full year 2014 indicates a largely neutral trend in burglary crime in the Eastern Garda Region (not including the Dublin area), it would be important to await finalised data from the CSO before making any more definitive comments on the matter.

One of my priorities is to maintain and enhance the capacity of An Garda Síochána to protect the public, and in particular to prevent and detect crime. It is true that Garda strength has been affected by retirements, and that is why I was pleased to be able to secure approval for the resumption of Garda recruitment. As the Deputy will be aware, 100 new recruits entered training at the Garda College in Templemore in September 2014, the first intake of Garda recruits since 2009 . This was followed by an intake of a further 100 new recruits in December. A further intake of 100 is due to enter training at the end of this month. This will bring to 300 the number of recruits in the Garda College since last September and is a measure of this Government's commitment to the Garda Síochána. The first intake of recruits will attest as members of the Garda Síochána in May of this year and will be assigned to Garda Stations by the Garda Commissioner.

It is of course a key objective of the Garda Commissioner to allocate all of the resources at her disposal in a manner which maximises their impact on the protection of the public and on the prevention and detection of crime. In that context, Garda management keep under continuing review developments in relation to security assessments, crime trends and policing priorities so as to ensure that the best possible use is made of resources.

I have however been informed by the Garda Commissioner that the personnel strength of Kildare and Meath Garda Divisions on 30 November 2014, the latest date for which figures are readily available, was 301 and 281 respectively. There are also 41 Reserves and 28 Civilians attached to Kildare Garda Division and 43 Reserves and 26 Civilians attached to the Meath Garda Division.

With the recommencement of Garda Recruitment, the allocation of Gardaí from the Garda College on completion of training to the Kildare and Meath Garda Divisions will be kept under review and fully considered by the Garda Commissioner within overall requirements of An Garda Síochána nationally.

Commissions of Investigation

Questions (471)

Paul Murphy

Question:

471. Deputy Paul Murphy asked the Minister for Justice and Equality her views on extending the terms of reference to the commission of investigation lead by Seán Guerin to include an investigation into the death of a person (details supplied) in County Dublin; and if she will make a statement on the matter. [1708/15]

View answer

Written answers

The Deputy is referring to the Commission of Investigation being established on foot of the recommendations of Mr Seán Guerin, SC, in his report of 6 May 2014 on how allegations made by Sergeant Maurice McCabe concerning certain cases connected to the Cavan/Monaghan Garda Division were handled. I published the draft Order proposing the establishment of this Commission of Investigation on 19 December 2014. The draft Order includes the terms of reference for the Commission. All of the matters recommended by Mr Guerin SC for inclusion in a Commission of Investigation are included in the terms of reference.

The case referred to by the Deputy is amongst the complaints being considered under 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, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system. The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.

Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.

Garda Transport Expenditure

Questions (472)

Thomas P. Broughan

Question:

472. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the amount spent on maintenance of An Garda Síochána vehicle fleet in the years 2012, 2013 and 2014. [1729/15]

View answer

Written answers

The Garda Commissioner is the Accounting Officer for the Garda Vote.

In that context, I am advised by the Garda authorities that the maintenance costs for the Garda fleet for the period 2012 - 2014, including spare parts, tyres and towing, are set out in the table below:

2012

2013

2014

10,703,431

12,752,325

11,131,267

The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available in 2014. This funding brings the total investment in the Garda fleet in 2014 to €11 million. The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles during 2015.

Criminal Legal Aid

Questions (473)

Michael McGrath

Question:

473. Deputy Michael McGrath asked the Minister for Justice and Equality the expenditure on criminal legal aid in each year from 2009 to 2014; her plans to reduce the annual cost; and if she will make a statement on the matter. [1740/15]

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Written answers

Total expenditure on criminal legal aid for the years referred to by the Deputy was as follows:

Year

Total Expenditure

2009

€60.3 million

2010

€56.5 million

2011

€56.1 million

2012

€50.5 million

2013

€50.9 million

2014

€49.9 million

As the Deputy will be aware, under the Criminal Justice (Legal Aid) Act 1962 the courts, through the judiciary, are responsible for the granting of legal aid. Applicants for legal aid must establish to the satisfaction of the court that their means are insufficient to enable then to pay for legal representation. The Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. The nature of the Criminal Legal Aid Scheme is that it is demand led, driven by the incidence of crime, detection rates and the prosecution of cases through the courts system.

In seeking to reduce the expenditure on the Criminal Legal Aid Scheme, the rates of fees paid to the legal practitioners were reduced by 8% in March 2009 and by a further 8% in April, 2010. There was also a reduction of 10% in July 2011 in the fees payable in the District Court. Fees payable in the Circuit and higher courts were also decreased by 10% in October 2011 following the reduction in the fees payable by the Director of Public Prosecutions to prosecution practitioners. A reduction of 50% was also applied to payments in respect of adjourned sentence hearings and travel and subsistence payments from 2011. As the Deputy will see from the figures above, following these and other measures introduced in the course of 2011, a 10% reduction in expenditure was recorded in 2012 compared with 2011. This was the first substantial reduction ever recorded under this Scheme. Expenditure on the Criminal Legal Aid Scheme is monitored on an ongoing basis with a view to identifying any areas where further efficiencies may be achieved.

I can inform the Deputy that a new Criminal Legal Aid Bill is currently being drafted to update and strengthen the system of granting legal aid including transferring responsibility for the administration of the Scheme to the Legal Aid Board. Legislative provisions under consideration include provisions to, inter alia, regulate better the taking of statements of means, increase the sanction for false declarations, enable the Board to verify the means of applicants and to provide for prosecution of cases of abuse.

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