Wednesday, 30 Sep 2015

Written Answers Nos 119-125

Haddington Road Agreement Review

Questions (119)

Clare Daly

Question:

119. Deputy Clare Daly asked the Minister for Justice and Equality her plans to publish the Haddington Road review; whether the Garda Síochána inspectorate has completed its examination of the absence of a robust system for dealing with under-performance in the Garda Síochána; and whether any action has been taken by the inspectorate, or with the Association of Garda Sergeants and Inspectors and the Garda Síochána Ombudsman Commission, to implement a process to deal with internal disciplinary investigations. [33608/15]

Written answers

Minister for Justice and Equality

The Haddington Road Agreement provides for a review of An Garda Síochána with the following terms of reference:

To review and make recommendations on the use by An Garda Siochana of the resources available to it, with the objective of achieving and maintaining the highest levels of efficiency and effectiveness in its operation and administration. The review shall encompass all aspects of the operation and administration of An Garda Siochana, including:

- the structure, organisation and staffing of An Garda Siochana;

- the deployment of members and civilian staff to relevant and appropriate roles;

- the remuneration and conditions of service of members of An Garda Siochana, including an evaluation of annualised hours/shift pay arrangements

- the appropriate structures and mechanism for the future resolution of matters relating to pay, industrial relations and attendant matters

The review is progressing in two parts. The Garda Síochána Inspectorate, as the statutory independent body charged with ensuring that "the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services" is undertaking the review of the structure, organisation and staffing of An Garda Siochana; and the deployment of members and civilian staff to relevant and appropriate roles. Mr Raymond McGee, former deputy chair of the Labour Court, is undertaking the remaining elements of the review.

The work of the Inspectorate and of Mr Magee is being conducted independently of my Department and is ongoing. I am not, therefore, in a position to comment on any recommendations that might be contained in their final reports. I fully expect, however, that the reports will be published in due course.

On the matter of the disciplinary processes that apply to members of An Garda Síochána I would refer the Deputy to the Garda Síochána Acts 2005-2007 and the Garda Síochána (Discipline) Regulations 2007 which provide a detailed framework for the investigation of alleged breaches of discipline and for sanctions up to and including the dismissal of a member of the Force.

Crime Data

Questions (120)

Clare Daly

Question:

120. Deputy Clare Daly asked the Minister for Justice and Equality if she will confirm if the publication of crime statistics has resumed since June 2015, following their suspension as a result of Garda Síochána Inspectorate findings of massaging of figures and incorrect classification. [33609/15]

Written answers

Minister for Justice and Equality

As the Deputy is aware, Central Statistics Office, as the national statistics agency is responsible for the publication of the official crime statistics. The CSO resumed publication of the official Recorded Crime Statistics on 30 June, and the most recent publication was issued on 28 September.

At the time the CSO resumed publication, I welcomed its report, published at the same time, setting out its analysis of the issues arising from the 2014 Garda Inspectorate Report on Crime Investigation. The work of both the CSO and the Garda Inspectorate identified common issues of concern in relation to Garda crime recording processes and systems. Many of these issues have no doubt built up over time and it is true to say that similar issues have also been found with police data in other jurisdictions. CSO's analysis clarified and quantified the issues which were identified by the Inspectorate in relation to crime recording. Notwithstanding these issues, the CSO concluded that the data are of sufficient quality to allow publication, on the basis that care should be taken in their interpretation in light of the report’s analysis. The CSO is working with An Garda Síochána to address these issues and will repeat their analysis at regular intervals to monitor data quality.

Following the publication of the Inspectorate’s report, An Garda Síochána took a number of important steps to address the issues identified including the establishment of a new Data Quality Team within the Garda Information Services Centre (GISC), and the piloting of a new incident recording process to test data review processes. Arising from and building on this work, the Commissioner indicated that further new measures will be rolled out nationally this year which will enhance accountability, governance and oversight of investigations.

The key issue now is that there is a programme of work in place to address the issues identified so that we can be satisfied that we have accurate, reliable data on crime. This work will be well supported by the very substantial additional provision of €205 million for new technology and information systems for An Garda Síochána announced recently in the Government Capital Plan 2016 - 21. This level of investment underlines my commitment to progress the important reforms of An Garda Síochána identified by the Garda Inspectorate.

Judicial Appointments

Questions (121)

Clare Daly

Question:

121. Deputy Clare Daly asked the Minister for Justice and Equality if she will confirm the name of the judge appointed under section 100 of the Garda Síochána (Amendment) Act 2005; when the judge was appointed, and the applications that have been made under sections 93, 96 or 99 of the Act, in the lifetime of the Government. [33610/15]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that the Government appointed Ms Justice Caroline Costello on 24 February 2015 as the Designated Judge pursuant to section 100 of the Garda Síochána Act 2005.

I am advised by the Garda Síochána Ombudsman Commission that it has made no applications to the Circuit Court in accordance with section 96(7) of the 2005 Act.

I can also confirm that I have received no applications in accordance with the provisions of section 99(4) of the 2005 Act.

There is no provision for applications to be made under Section 93 of the 2005 Act which relates to the discontinuation of investigations by GSOC.

Garda Síochána Ombudsman Commission Data

Questions (122)

Clare Daly

Question:

122. Deputy Clare Daly asked the Minister for Justice and Equality the steps she has taken to ensure that the Garda Síochána Ombudsman Commission will publish figures outlining the percentage of investigations it carried out under its supervision, and by the Garda Síochána alone, including the types of disciplinary sanctions imposed under each type of investigation; the percentage of those sanctions that reflect the commission's recommendations; and that the complainant should be made aware of the action taken. [33611/15]

Written answers

Minister for Justice and Equality

As the Deputy is aware, the Garda Síochána Act 2005 established the Garda Síochána Ombudsman Commission (GSOC) to receive complaints from members of the public concerning the conduct of members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the exercise of its functions.

GSOC directly investigates complaints involving allegations of criminality, and its investigative staff have full police powers to do this. It may refer other complaints to the Garda Commissioner for investigation under the Garda disciplinary code, and it may maintain oversight of progress in those investigations.

GSOC has the authority to make recommendations to the Garda Commissioner concerning disciplinary proceedings, and also to send a file to the Director of Public Prosecutions where it feels that the conduct under investigation may constitute an offence. Under section 103 of the Garda Síochána Act 2005, the Ombudsman Commission is required to provide the complainant with sufficient information to keep them informed of both the progress and the results of an investigation.

GSOC is required under section 80 of the Act to submit an Annual Report of its activities in the preceding year to me as Minister, and these and other reports from the Ombudsman Commission are laid before the Houses of the Oireachtas. Copies of the 2014 Annual Report are available in the Oireachtas Library and on GSOC's website, www.gardaombudsman.ie. I am satisfied that the Annual Report contains comprehensive statistics in relation to the work carried out by GSOC.

Prison Security

Questions (123)

Clare Daly

Question:

123. Deputy Clare Daly asked the Minister for Justice and Equality the solution available to persons whose telephone calls with their legal teams were recorded while they were in prison. [33612/15]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that as highlighted by the Irish Prison Service in April 2014, a small number of prisoners whilst in custody had their legal phone calls inadvertently recorded. All necessary steps have been taken to avoid a repeat of this situation reoccurring by way of the introduction of some technical measures. This included the provision of three additional designated solicitor phone lines in addition to the existing standard solicitor line. This allows prisoners to list more than one solicitor to the phone system.

In addition where the relationship to the prisoner is stated as "solicitor" that contact number cannot be entered onto a phone line where recordings take place.

I can also advise the Deputy that in April 2014 all prisoners in custody effected by the situation were advised of the anomaly with the phone system by written correspondence along with the effected solicitors in the cases. Copies of the recordings were offered to the effected solicitors. All parties involved were advised that no recordings were forwarded to any organisation or third party.

In April 2014 the Inspector of Prisons Judge Michael Reilly, was asked by the then Minister for Justice and Equality to carry out an independent investigation into all the circumstances surrounding the recording of telephone conversations between prisoners and their solictors.The Inspector's investigation is currently underway and his report will be presented to me on completion.

Health Services Staff Recruitment

Questions (124)

Billy Kelleher

Question:

124. Deputy Billy Kelleher asked the Minister for Health if the recruitment process has commenced to replace the two podiatrists that have left the Grattan Street health centre in Cork; and if he will make a statement on the matter. [33464/15]

Written answers

Minister for Health

I have asked the HSE to respond to the Deputy directly on the matter. If you have not received a reply from the HSE within 15 working days, please contact my Private Office and they will follow up the matter with them.

Hospital Appointments Status

Questions (125)

Brendan Griffin

Question:

125. Deputy Brendan Griffin asked the Minister for Health if an emergency cataracts operation will be provided for a person (details supplied) in County Kerry; and if he will make a statement on the matter. [33468/15]

Written answers

Minister for Health

Under the Health Act 2004, the Health Service Executive (HSE) is required to manage and deliver, or arrange to be delivered on its behalf, health and personal social services. Section 6 of the HSE Governance Act 2013 bars the Minister for Health from directing the HSE to provide a treatment or a personal service to any individual or to confer eligibility on any individual.

The National Waiting List Management Policy, A standardised approach to managing scheduled care treatment for in-patient, day case and planned procedures, January 2014, has been developed to ensure that all administrative, managerial and clinical staff follow an agreed national minimum standard for the management and administration of waiting lists for scheduled care. This policy, which has been adopted by the Health Service Executive, sets out the processes that hospitals are to implement to manage waiting lists.

In relation to the particular query raised, as this is a service matter, I have asked the HSE to respond to you directly. If you have not received a reply from the HSE within 15 working days please contact my Private Office and my officials will follow the matter up.