Written Answers Nos. 152-162
152. Deputy Brendan Ryan asked the Minister for Justice and Equality if she will provide an update on the Spent Convictions Bill; the indicative timeframe for the Bill to make its way through the Houses of the Oireachtas; and if she will make a statement on the matter. [26520/15]
View answerBefore the Spent Convictions Bill could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. It is expected that these amendments will be published in the next few weeks.
I intend to bring the amendments to the Bill before the Oireachtas as soon as possible. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amended Act.
A copy of this Administrative Filter is laid out.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
153. Deputy Terence Flanagan asked the Minister for Justice and Equality if she is satisfied that enough Garda resources are available to effectively police an area (details supplied) in County Dublin; and if she will make a statement on the matter. [26531/15]
View answerThe Deputy will appreciate that the deployment of Garda resources is a matter for the Garda Commissioner in the first instance. However, I am informed by the Garda authorities that Operation Irene is a policing plan designed to address issues along the lines referred to, which commenced on 1 June 2015 and will run until 30 August 2015.
I am further informed that Operation Irene will provide an increased Garda presence in the vicinity of Howth Pier over the summer months. Gardaí will continue to patrol and deal with all incidents as deemed appropriate. In this regard, Gardaí monitor persons disembarking from trains at Howth Dart Station and actively patrol the area, with public order patrols of beaches and public amenities being carried out at appropriate times.
I am also advised that a multiagency approach is being pursued with ongoing liaison between An Garda Síochána, Dart Control, Fingal County Council, the Harbour Master and Iarnród Éireann with a view to addressing any issues that may arise.
Finally, I am assured that An Garda Síochána are reminding local shops and businesses of their legal obligations in relation to the sale of intoxicating liquor.
154. Deputy Clare Daly asked the Minister for Justice and Equality if she is aware of allegations of Garda authorities failing and refusing to investigate breaches at a night club (details supplied). [26540/15]
View answerI have sought a report from the Garda authorities in relation to the Deputy's query and will contact her again when further information is to hand. As the Deputy will be aware, it is open to any person who wishes to make a complaint in relation to Garda actions to do so to the Garda Síochána Ombudsman Commission.
155. Deputy David Stanton asked the Minister for Justice and Equality the number of civilian staff currently working in An Garda Síochána; her plans to further civilianise border control functions; and if she will make a statement on the matter. [26542/15]
View answerThe number of civilians in An Garda Síochána has increased in recent years from 1,688 at the end of 2007 to approximately 2,032 (whole time equivalents) as of 30 April 2015. Civilians are employed in a wide range of management, administrative, technical and operational duties, including Chief Administration Officer, Executive Director of Finance, Executive Director of Human Resources and Personnel Development, Crime Analysts, Head of Legal Affairs, clerical officers, photographers.
Apart from the above posts and the administrative support duties in Garda stations and offices, civilianisation has also enabled the establishment or expansion of some vital services which are wholly or largely provided by civilian staff – including the Garda National Immigration Bureau, the Garda Information Service Centre, the Garda Central Vetting Unit, the Fixed Charge Processing Office, and the civilianisation of the call taking function in the Command and Control Centre. The Deputy will also be aware of the process which is currently ongoing to civilianise border control functions at Dublin airport and the transfer of these responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service (INIS) of my Department. The first phase of that project is now completed with civilian staff of INIS operating all passport controls in Terminal 1 on a 24/7 basis from 22 June, 2015. The project is on schedule to be completed by the end of the year when civilian staff will be operating on a 24/7 basis in both Terminals of Dublin Airport. I am also looking at deploying civilian officers to other major ports of entry to the State where this makes sense from a cost and efficiency perspective.
It is intended to continue to maximise the number of civilian support staff in An Garda Síochána so that highly trained Gardaí can be released from administrative tasks to frontline operational policing.
156. Deputy David Stanton asked the Minister for Justice and Equality the number of applications received from civilian staff working in An Garda Síochána for transfer to another Department in 2013, 2014 and to date in 2015; the number of same which resulted in a transfer out of An Garda Síochána; and if she will make a statement on the matter. [26543/15]
View answerI have been informed by the Garda Commissioner that An Garda Síochána does not maintain a central record of civilian staff who apply to transfer to another Government Department. The information requested by the Deputy can only be obtained in the format outlined by the disproportionate expenditure of Garda time and resources relative to the information sought.
I am further informed that the following table represents the number of civilian staff who have moved into An Garda Síochána either by redeployment, secondment or transfer. It also illustrates the number of civilian staff who have transferred out to other Government Departments for the years in question.
|
Year |
Transfers In |
Redeployment in |
Secondment In |
Transfers Out |
|
2013 |
25 |
63 |
2 |
9 |
|
2014 |
11 |
0 |
2 |
16 |
|
2015 – to date |
3 |
0 |
0 |
22 |
157. Deputy Thomas Pringle asked the Minister for Justice and Equality if she is aware of an increase in communications from the Reception and Integration Agency of her Department and management of direct provision centres to persons who have obtained permission to stay here informing them that they must move out of such centres within a short period, regardless of the availability of housing; the supports put in place to enable such persons to make the transition from direct provision into the community; and if she will make a statement on the matter. [26548/15]
View answerThe Reception & Integration Agency (RIA) of my Department is responsible for the accommodation of asylum seekers in accordance with the Government Policy of direct provision until such time as their status is resolved to finality. That is to say, they remain in RIA accommodation until such time as they are either removed from the State or are granted some form of status allowing them to stay in the State.
The Direct Provision system is the mechanism through which the State provides for the basic needs of asylum seekers. Full board accommodation and ancillary supports are provided across all direct provision centres. The RIA currently operates 34 accommodation centres across the State with 4,574 residents. Further details can be found on the RIA website at www.ria.gov.ie. Approximately, 480 persons who have permission to remain in the State remain in RIA accommodation and this is directly related, in most cases, to the acute shortage of rental accommodation. Based on experience in previous years, this number will reduce over the summer months as residents source private accommodation following the end of the school year for their children.
Once an RIA resident has been granted some form of status allowing them remain in the State, they are then in a position to apply for a range of social welfare supports, including rent supplement (or Housing Assistance Payments where those apply). Naturally, there is a lead-in time for such persons during which they register for appropriate supports, including sourcing their own accommodation outside of the direct provision system, arranging school placements for their children and linking with any specialist medical or other supports at their new address. In addition to the time taken to resolve these issues, the availability of accommodation in the private rented sector and rates of rent may impact on the lead-in time for residents moving on from direct provision accommodation.
Once the RIA is aware that some form of status has been granted, the resident is written to notifying them that they should commence planning for their future outside the direct provision system. The 'moving on process' process has extended in recent years largely because of the increasing difficulties in sourcing private accommodation. It is not a situation of RIA's making and quite clearly neither it nor the Department would render people homeless in circumstances not within their control.
158. Deputy Martin Heydon asked the Minister for Justice and Equality if she will confirm the current allocation of gardaí in south Kildare; the number of gardaí transferred to the area and who retired from the area over the past five years; and if she will make a statement on the matter. [26566/15]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, 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 been informed by the Garda Commissioner that the personnel strength of Kildare Garda Division as of the 30 April 2015, the latest date for which figures are readily available, was 298. There are also 39 Garda Reserves and 28 Civilians attached to the Division.
I have also been informed by the Garda Commissioner that members who have retired or were discharged* during 2010, 2011, 2012, 2013, 2014, and 2015 up (to 26/06/15) in the Kildare Division are as set out in the following table.
The information requested in relation to the number of Gardaí in each rank who have transferred to the Kildare Division is not recorded in the format requested and can only be obtained by the disproportionate expenditure of Garda time and resources relative to the information sought.
|
Year |
C/Supt |
Supt |
Insp. |
Sgt |
Garda |
Total |
|
2015 (to 26/06/2015) |
0 |
0 |
0 |
0 |
0 |
0 |
|
2014 |
1 |
0 |
0 |
5 |
7 |
13 |
|
2013 |
0 |
0 |
0 |
0 |
3 |
3 |
|
2012 |
0 |
2 |
0 |
0 |
6 |
8 |
|
2011 |
0 |
1 |
1 |
2 |
3 |
7 |
|
2010 |
0 |
0 |
0 |
6 |
3 |
9 |
*Please note that discharges include resignations, medical discharges, dismissals and deaths.
159. Deputy Gerry Adams asked the Minister for Justice and Equality the number of burglaries that have occurred in County Louth, by Garda district, in each year since 2010; and if she will make a statement on the matter. [26584/15]
View answer160. Deputy Gerry Adams asked the Minister for Justice and Equality the number of gardaí tasked with tackling burglaries in the Louth area; and if she will make a statement on the matter. [26585/15]
View answer161. Deputy Gerry Adams asked the Minister for Justice and Equality the strategies, information programmes or other measures in which An Garda Síochána is involved in respect of burglaries; and if she will make a statement on the matter. [26586/15]
View answer162. Deputy Gerry Adams asked the Minister for Justice and Equality if she will provide reports and-or analysis on burglaries in the Louth area, or the State, which have been produced by An Garda Síochána or her Department. [26587/15]
View answer166. Deputy Gerry Adams asked the Minister for Justice and Equality the Garda arrest rate in respect of burglaries in the Louth area, by Garda station and-or district, for each year since 2010. [26591/15]
View answerI propose to take Questions Nos. 159 to 162, inclusive, and 166 together.
As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. The Deputy will also be aware that the CSO has recently published new crime statistics up to end of the first quarter of 2015 and are best placed to provide the type of statistical information and analysis requested by the Deputy. I have requested the CSO to provide the available statistical information directly to him.
I am sure that the Deputy will appreciate that the deployment of Garda personnel and the assignment of specific duties in relation to burglary or other types of crime is a matter for the Garda authorities and I have no direct role in this regard.
I am, of course, very conscious of the impact of burglaries on households throughout the country, and earlier this year I carried out a broad and urgent review of the criminal justice system's response to this problem. This included a focus on interagency measures in relation to the management of prolific offenders, visible policing, crime prevention support for communities, and an examination of legislative issues.
Arising from this review I recently published the heads of the Criminal Justice (Burglary of Dwellings) Bill which targets repeat burglary offenders through new measures relating to bail and provisions concerning the imposition of consecutive sentencing for repeat burglary offending.
Garda operational strategy in relation to burglary is co-ordinated under Operation Fiacla which had led to 13,027 arrests and 7,394 charges being brought up to 30 April this year. Under Operation Fiacla Gardaí have made full use of communications technology and, where necessary, specialist resources including the armed Regional Support Units and the Air Support Unit to target the activities of mobile gangs engaged in burglary crime.
In addition, the Commissioner has recently indicated that there will be a renewed Garda focus on burglary with an emphasis on enforcement, crime prevention, education, partnerships, and supporting victims. Criminal gangs operating nationally and locally will be targeted along with dedicated patrolling in areas where there is a high incidence of burglary. I am in ongoing contact with the Commissioner regarding these strategies and, in this regard, have made specific funding of €700,000 available for new specialised vehicles to support an enhanced operational response by Gardaí to offences being committed by highly mobile gangs.
