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Tuesday, 3 Mar 2015

Written Answers Nos. 307-322

Community Policing

Questions (307)

Finian McGrath

Question:

307. Deputy Finian McGrath asked the Minister for Justice and Equality if she will provide an update on community policing in the Dublin Bay north area (details supplied); and if she will make a statement on the matter. [8790/15]

View answer

Written answers

I am informed by the Garda authorities that the residential estate referred to by the Deputy is actively patrolled by both uniform and covert patrols attached to Clontarf Garda Station. I am also informed that there have been two crime incidents reported to Gardaí so far in 2015 which relate to this particular estate. Local Garda management is satisfied all available resources are optimised to ensure the delivery of an effective and committed service to the residents of the estate in question.

A Garda attached to the Community Policing Unit at Clontarf is specifically assigned to the estate. Community Gardaí have responsibility for engaging in a proactive manner with neighbourhood watch groups, residents association, schools, businesses, voluntary organisations etc, as well as addressing local issues within their respective areas. In addition, the community policing unit has a crime prevention role by way of call-backs to victims of crimes in their respective areas, as well as carrying out dedicated patrols with a view to building relationships within communities.

Finally, I am advised that local Garda management closely monitors patrols and other operational strategies, in light of crime trends and policing needs of the area in question, and the situation will be kept under review to ensure that optimum use is made of Garda resources.

Garda Misconduct Allegations

Questions (308)

Clare Daly

Question:

308. Deputy Clare Daly asked the Minister for Justice and Equality if she will meet with Justice4All to discuss the proposed establishment of a criminal justice inspectorate in view of the unique knowledge Justice4All has regarding the shortcomings in the present system. [8799/15]

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Written answers

A proposal to establish a criminal justice inspectorate is currently under consideration. There will be consultation with appropriate parties as the proposals are developed. In the first instance, I would welcome any written submission that the Justice4All group would like to make on the matter.

Garda Operations

Questions (309)

John Deasy

Question:

309. Deputy John Deasy asked the Minister for Justice and Equality to set out the protocol by which persons may gain recourse to compensation for losses, or the payment of costs, arising from damage caused to their property by members of An Garda Síochána acting in the course of their duties. [8802/15]

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Written answers

Claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are delegated to and managed by the State Claims Agency (SCA) and claims should be submitted in writing to the Agency. Each claim is considered separately depending on the particular facts of the case.

The general policy of the State Claims Agency, however, in relation to such claims is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested unless there’s demonstrable negligence on the part of the Garda authorities and-or where they did not have a search warrant or other lawful authority to carry out a forced entry operation. Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to Court by property owners.

Citizenship Applications

Questions (310)

Colm Keaveney

Question:

310. Deputy Colm Keaveney asked the Minister for Justice and Equality when a person (details supplied) in County Galway can expect a decision on an application for Irish citizenship; and if she will make a statement on the matter. [8812/15]

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Written answers

Officials in the Citizenship Division of the Irish Naturalisation and Immigration Service (INIS) inform me that there is no record of an application for a certificate of naturalisation from the person referred to in the Deputy's question. As the person concerned has no current right of residency in the State, she would not be in a position to meet the lawful residency criteria applicable to persons applying to my Department for a Certificate of Naturalisation.

It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended.

Queries in relation to the status of individual immigration cases may be made directly to INIS 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 INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Operations

Questions (311)

Niall Collins

Question:

311. Deputy Niall Collins asked the Minister for Justice and Equality if her attention has been drawn to a proposed protest against the Love Ulster parade, planned for 28 March 2015, by the Seán Heuston Dublin 1916 Society; her views on concerns surrounding the proposed parade in view of previous incidents surrounding this event; the policing strategy that will be put in place for this event; and if she will make a statement on the matter. [8840/15]

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Written answers

I am aware of the possibility of demonstrations of the kind to which the Deputy refers in his question. While supporting fully the right of individuals to protest, I am sure the House will agree that any protest must take place within the law and it must respect the rights of others.

It is the responsibility of An Garda Síochána to put in place appropriate and proportionate operational plans for parades and similar events in the public arena, taking account of the needs of all stakeholders and having regard to the requirement to ensure public safety. As a matter of practice, An Garda Síochána do what they can to facilitate lawful protests and demonstrations, and to endeavour to provide a safe environment for participants while taking into account the rights of all the community. It is important, therefore, that any persons involved in demonstrations of the kind referred to would liaise closely with An Garda Síochána and be subject to their advice.

Policing Authority Establishment

Questions (312)

Niall Collins

Question:

312. Deputy Niall Collins asked the Minister for Justice and Equality when the new Garda authority will be fully functional; if all internal competitions for Garda promotions will now be conducted by this authority; and if she will make a statement on the matter. [8841/15]

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Written answers

As the Deputy will be aware, the drafting of a Bill to provide for the establishment of the new Policing Authority is being progressed on a priority basis. In this context, the functions of the Authority are being addressed.

Garda Deployment

Questions (313)

Niall Collins

Question:

313. Deputy Niall Collins asked the Minister for Justice and Equality to set out the way Garda resources have been re-allocated from crime fighting measures to police water protests; and if she will make a statement on the matter. [8842/15]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. I have no function in the process.

The statutory functions of An Garda Síochána include the preservation of peace and public order, protecting life and property and vindicating the human rights of individuals. Accordingly, Gardaí have attended routinely at water meter installations and protests where it has been necessary to perform these functions.

Garda Security Escorts

Questions (314)

Niall Collins

Question:

314. Deputy Niall Collins asked the Minister for Justice and Equality if new security protocols have been agreed with An Garda Síochána relating to the protection of Ministers and other Government officials; and if she will make a statement on the matter. [8843/15]

View answer

Written answers

The Deputy will appreciate that for good reason it is not the policy, nor would it be in the public interest, to comment on matters relating to the personal security of Ministers and other Government officials. However, as a matter of course, An Garda Síochána continually keep such matters under review.

Garda Policing Plans

Questions (315)

Niall Collins

Question:

315. Deputy Niall Collins asked the Minister for Justice and Equality to outline the new measures that have been taken to improve the policing of Dublin city centre; if she will provide an update to her announcement on 18 December 2014 outlining measures to improve public safety in Dublin city centre; and if she will make a statement on the matter. [8844/15]

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Written answers

As the Deputy is aware I fully support the combined efforts of An Garda Síochána, and other agencies in addressing policing and related issues in Dublin City Centre. I met with Dublin business associations at the end of last year to discuss their concerns, having met shortly beforehand with An Garda Síochána, Dublin City Council, HSE Addiction Services and the Dublin Homelessness Executive. These meetings provided a welcome opportunity to discuss how all concerned can work together to address these issues, and this cooperation is being maintained through the Dublin City Business Forum and a High Level Group involving the relevant state agencies.

The measures already in hand include enhanced City Centre policing initiatives as part of the ongoing implementation of the Dublin City Centre Policing Plan. This involves a high-visibility uniformed presence on key thoroughfares, as well as the use of undercover Gardaí as appropriate.

In addition a new multi-agency street outreach approach is being used to work with vulnerable and high-risk individuals and an offender management programme is being piloted to address repeat offending in the Dublin City area. The Government's initiatives to tackle homelessness, including the provision of additional emergency beds and access to necessary health and other supports, are also helping to address broader aspects of the problems sometimes experienced on our streets.

I am encouraged at this very positive and ongoing engagement and am currently awaiting a further update from the Garda authorities, and will continue to engage with business and other stakeholders. I will contact the Deputy again directly as soon as the Garda report is to hand.

Prisoner Data

Questions (316)

Niall Collins

Question:

316. Deputy Niall Collins asked the Minister for Justice and Equality to detail the total prison population; the number of prisoners, in tabular form, broken down by prison; the capacity of each prison within the State; the percentage occupation of each prison; and if she will make a statement on the matter. [8845/15]

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Written answers

As the Deputy may be aware the Irish Prison Service collates and publishes the prisoner population breakdown on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie.

I can inform the Deputy that on 2nd March, 2015, there were 3,776 prisoners in custody as compared to a bed capacity of 4,126. This represents an occupancy level of 92%. A full breakdown to include, capacity, number in custody and percentage of bed capacity is set out in the table.

Institution

Bed Capacity

Number in Custody

% of Bed Capacity

Mountjoy Campus

Mountjoy (Male)

554

542

98%

Mountjoy (Female)

105

112

107%

Training Unit

96

83

86%

St Patrick’s

34

5

15%

West Dublin Campus

Cloverhill

431

354

82%

Wheatfield

550

471

86%

Portlaoise Campus

Midlands

870

824

95%

Portlaoise

291

226

78%

Cork

210

240

114%

Limerick (Male)

220

215

98%

Limerick (Female)

28

22

79%

Castlerea

340

325

96%

Arbour Hill

142

141

99%

Loughan House

140

117

84%

Shelton Abbey

115

99

86%

Totals

4,126

3,776

92%

As outlined in the Irish Prison Service Three Year Strategic Plan 2012 - 2015, it is intended to align the bed capacity of our prisons with the guidelines laid down by the Inspector of Prisons, in so far as this is compatible with public safety and the integrity of the criminal justice system. This has been completed for 9 out of the 14 prisons in the State. The number in custody on 2nd March (3,776) represented 95% of the Inspector of Prisons recommended total of 3,982.

The Deputy will be aware that the average number of prisoners in custody in Ireland rose from 3,321 during 2007 to 4,318 during 2012, an increase of over 30%. Likewise the total number of committals to prison also rose sharply during the same period, from 11,934 in 2007 to 17,026 in 2012 – an increase of over 43%.

2013 saw the first significant decrease in prison numbers since 2007. There were 15,735 committals to prison in 2013 which was a decrease of 7.6% on the 2012 figure. The overall daily average number of prisoners in custody has also dropped in recent years. The average number in custody for 2014 was 3,916 a reduction of 10.8% on the 2011 average of 4,390.

The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23rd February 2011. Today there are 845 less prisoners in custody which represents a decrease of 18%.

Prisoners Temporary Release

Questions (317)

Niall Collins

Question:

317. Deputy Niall Collins asked the Minister for Justice and Equality if she will provide in tabular form the number of prisoners currently on temporary release, broken down by prison; the type of offence of which the prisoner was convicted; and if she will make a statement on the matter. [8846/15]

View answer

Written answers

As the Deputy may be aware the Irish Prison Service collates and publishes the prisoner population breakdown including numbers on temporary release on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie. The information requested by the Deputy is set out in the tables.

On 2nd March 2015 there were 509 prisoners (11.5%) on temporary release across the prison system. This included 144 prisoners who were serving less than 3 months solely for the non-payment of a Court ordered fine and 173 prisoners who were on structured temporary release programmes such as the Community Return Programme or Community Support Scheme.

The legislative basis for making decisions on temporary release are fully set out in the Criminal Justice Act 1960, as amended by the Criminal Justice (Temporary Release of Prisoners) Act 2003.

A prisoner may apply through the prison Governor for consideration for temporary release. Their family or their legal representative can also apply for consideration of such a concession. It is very important to note that it does not necessarily follow that a prisoner will receive temporary release even if the recommendation made by the prison authorities and/or therapeutic services is to that effect. Each application is considered on its individual merits and a number of factors are taken into account when making a decision on whether to grant temporary release.

The Deputy will be aware that the Irish Prison Service Three Year Strategic Plan 2012-2015 and the Joint Prison Service/Probation Service Strategic Plan 2013-2015 includes working towards the objective of ensuring that all prisoners released early from custody are placed on appropriate structured programme of temporary release.

The Community Return Scheme is an initiative whereby carefully selected prisoners, serving sentences between 1 year and 8 years, can be granted reviewable temporary release coupled with a requirement to do community service work such as painting, gardening or graffiti removal in a supervised group setting. The type of work involved is intended to assist the community and the scheme is involved with a large number of charitable organisations and local community groups.

In addition to Community Return, a Community Support Scheme has also been introduced to reduce recidivism rates of short term prisoners by arranging for additional support structures post release and by providing for a more structured form of temporary release.

Table 1. Breakdown by Establishment

Establishment

Total

Castlerea Prison

22

Cloverhill Remand Prison

16

Cork Prison

107

Limerick Prison

67

Loughan House

16

Midlands Prison

40

Mountjoy Prison (Female)

41

Mountjoy Prison (Male)

117

Portlaoise Prison

3

Shelton Abbey

7

The Training Unit

22

Wheatfield Place of Detention

51

Total

509

Table 2. Breakdown by Offence Group

Offence Group Description

Total

Homicide Offences

1

Attempts/Threat to Murder, Assaults, Harassments and Related Offences

50

Dangerous or Negligent Acts

26

Kidnapping and Related Offences

2

Robbery, Extortion and Hijacking Offences

15

Burglary and Related Offences

24

Theft and Related Offences

79

Fraud, Deception and Related Offences

17

Controlled Drug Offences

147

Weapons and Explosives Offences

11

Damage to Property and the Environment

8

Public Order and Social Code Offences

23

Road and Traffic Offences

77

Offences re Government, Justice Procedures and Organisation of Crime

19

Offences Not Elsewhere Classified

10

Total

509

Crime Data

Questions (318)

Niall Collins

Question:

318. Deputy Niall Collins asked the Minister for Justice and Equality to detail the number of persons who breached bail in 2014; and if she will make a statement on the matter. [8847/15]

View answer

Written answers

The 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 asked the CSO to forward relevant statistics directly to the Deputy.

Garda Recruitment

Questions (319)

Stephen Donnelly

Question:

319. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if she will provide in tabular form details of the allocation of new Garda recruits due to be sworn in during May 2015 on a district basis; and the process and factors considered for that district allocation. [8937/15]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources.

The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these batches commenced their training. The remaining 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 and the December intake will attest in August 2015. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner.

Road Traffic Accidents Data

Questions (320)

Seán Kenny

Question:

320. Deputy Seán Kenny asked the Minister for Justice and Equality to set down the number of road traffic accidents reported to the Garda on the road formerly known as the N32 in the years 2012, 2013, and 2014; the number of those accidents that were minor, serious and fatal in each of those years; and if she will make a statement on the matter. [8944/15]

View answer

Written answers

I have requested a report from the Garda authorities in relation to the matter referred to by the Deputy and am advised that the information requested is currently being collated. I will contact the Deputy directly as soon as the report is to hand.

Garda Recruitment

Questions (321)

Tom Barry

Question:

321. Deputy Tom Barry asked the Minister for Justice and Equality to outline the protocol to be followed by persons who wish to join An Garda Síochána; and the protocol and procedures they must follow to meet a full application. [8964/15]

View answer

Written answers

Recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions & Appointments) Regulations, 1988 as amended. Recruitment to An Garda Síochána is run by the Public Appointments Service on behalf of An Garda Síochána. Information on any future competitions to An Garda Síochána can be obtained on www.publicjobs.ie.

Departmental Staff Promotions

Questions (322)

Joe Costello

Question:

322. Deputy Joe Costello asked the Minister for Justice and Equality in respect of the two upcoming internal promotions in her Department whether the application forms have been vetted, and whether any applications that exceeded the page limit or expanded the boxes on the form have been disqualified from the application process, in accordance with the competition criteria; and if she will make a statement on the matter. [8981/15]

View answer

Written answers

I am advised by the Human Resources Division of my Department that the respective internal circulars governing the two competitions contain the following references:

- Candidates should only use the space provided and only material contained in the allocated space shall be eligible for consideration; and

- Section A - Statement of Suitability (of not more than one page in length in the space provided).

It is not the case, therefore, that the competitions in question oblige the disqualification of candidates whose forms exceed the limit or have expanded boxes, only that information, not contained in the allocated space, will not be considered. However, a certain degree of common sense does prevail in the consideration of each application.

As I have already informed the Deputy, in response to PQ No 339 of 22 February 2015, my Department is satisfied that the competitions in question are being operated in strict accordance with the guidelines set out by the Commission for Public Service Appointments. If, however, the Deputy is aware of specific concerns being raised by an applicant it is suggested that these be brought to the attention of the Department's Personnel Officer.

It is also open to any candidate who has any concerns to make a complaint to the Commission.

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