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Tuesday, 20 Oct 2015

Written Answers Nos. 1-125

Crime Data

Questions (112)

Mattie McGrath

Question:

112. Deputy Mattie McGrath asked the Minister for Justice and Equality the number of recorded burglaries in County Tipperary for the years 2011 to 2015 to date; and if she will make a statement on the matter. [35184/15]

View answer

Written answers

I am advised that the number of burglary and related offences recorded in the CSO official crime figures for the Tipperary Garda Division in each of the years in question was 737 in 2011, 693 in 2012, 755 in 2013, 637 in 2014 and 269 in 2015 up to 30 June.

While the number of incidents in Tipperary is down over the past year, I recognise that burglary is a persistent and highly damaging crime, particularly in the very distressing situations where householders may be assaulted by the criminals involved. I am conscious of the serious impact of such crimes on families and communities and recognise the public concern at these crimes, in Tipperary and elsewhere.

As I have outlined in answer to other questions today, my response to burglaries, and to crime generally, is focussed on two key objectives; strengthening the law to get tougher on serious and repeat offenders and investing in the capacity of An Garda Síochána to enforce that law effectively. Earlier this year I initiated a broad and urgent review of the criminal justice system's response to the problem of burglaries. 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.

On foot of this review, I have published the Criminal Justice (Burglary of Dwellings) Bill, 2015. This legislation targets repeat burglary offenders through bail measures and provisions concerning the imposition of consecutive sentencing for repeat burglary offending. The key objective of this legislation is to target a cohort of persistent offenders who prey on law abiding householders and clearly have no concern for the damage and distress which they inflict on others. As the Deputy is aware the detail of the legislation is currently before the Houses of Oireachtas for debate and I hope to have it enacted as soon as possible.

I am also in ongoing contact with the Commissioner to ensure that we maximise the enforcement of all relevant laws in this area, by providing An Garda Síochána with the appropriate supports to take account of evolving trends and patterns in burglary offences.

As I have outlined previously, the Garda strategy to counter burglaries and related crimes has been coordinated under Operation Fiacla, which has led to 14,672 arrests, and 8,358 charges brought to date. I am providing the Commissioner with the means to enhance this operational response. Most significantly, last September we reopened the Garda College to new recruits for the first time since 2009. To date, 400 new Gardaí have started their training, with the first 295 having already passed-out and are now working in communities nationwide. 150 more recruits are due to enter Garda College in coming weeks, and, following the Budget Day announcements, there will be a further 600 new recruits in 2016, underlining the Government's commitment to providing communities throughout the country with the reassurance that comes from a visible and determined police force.

In a modern context the provision of policing in rural areas must be focussed on highly mobile and flexible responses to crime patterns and the needs of communities. This will be facilitated by the very significant investment in Garda vehicles and equipment including the €700,000 for new high powered vehicles in 2015, and €1.75m to upgrade surveillance equipment on Garda aircraft. In all, we have invested nearly €29 million in new Garda vehicles since 2012, with 370 new vehicles coming on stream already this year. In addition, the future commitment to supporting an Garda Síochána in opposing criminals in all areas of the country is underscored by the Government's Capital Plan 2016-2021 which makes provision for the ongoing delivery of new Garda vehicles, as well as very significant investment in new technology and information systems for An Garda Síochána, amounting to an investment of €205m over the life of the Plan.

With the benefit of the very significant allocations which the Government is making for Garda resources, I am working closely with the Commissioner to finalise details of an enhanced operational response to burglaries and related crimes, and I expect to be in a position to make further announcements in this regard shortly. These measures represent an investment in the safety of our communities and underscore the commitment of this Government to ensure that those on the frontline in tackling crime, including burglary, have the capacity to do so effectively.

Questions Nos. 113 and 114 answered orally.

Legislative Measures

Questions (115)

Pádraig MacLochlainn

Question:

115. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when she will advance the long-awaited mediation Bill through the Houses of the Oireachtas. [35309/15]

View answer

Written answers

The Mediation Bill, which is currently being drafted in the Office of the Parliamentary Counsel, will introduce an obligation on solicitors and barristers to advise any person wishing to commence legal proceedings to give consideration to mediation as an alternative to legal proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative or at the request of a party to the proceedings, invite the parties to consider mediation as an alternative means of resolving the matter and suspend the proceedings to facilitate that process.

I very much regret that it has not been possible to publish this Bill to date. This has been due to the extensive programme of progressive law reform undertaken by my Department in accordance with the ambitious targets set out in the Programme for Government. However, while it is not possible to give a specific date for publication of the Bill at this stage, I intend to proceed quickly with enactment of the Bill following its publication in due course.

Misuse of Drugs

Questions (116)

Maureen O'Sullivan

Question:

116. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she will support the need for emergency legislation and measures in relation to the proliferation of tablets in Dublin, where An Garda Síochána cannot act due to various legal loopholes and where these tablets are causing major and significant difficulties in communities [35258/15]

View answer

Written answers

I fully appreciate the concern the Deputy raises regarding the illegal trade in prescription drugs.

Sadly, it is the case that prescription drugs such as the z-drugs and benzodiazepines feature prominently in illicit drug markets in this jurisdiction and are contributing to the problems and harms associated with drug misuse - far from their intended purposes.

I am aware of the particular difficulties this trade can present for policing and I fully concur with the Deputy that it is vitally important that steps are taken to ensure that we support our law enforcement authorities in tackling the problem.

As the Deputy is aware the introduction of legislation governing the control of drugs is a matter which comes under the remit of my colleague, the Minister for Health. I know that this matter was the subject of a topical issues debate in the House last week and as my colleague Minister of State English advised, on behalf of the Minister of State with responsibility for the National Drugs Strategy, Minister of State Ó Ríordáin, it has been acknowledged by the Health authorities that we do need to strengthen our legislative response in this area.

As the Minister of State advised, the Health authorities are conducting a review of the Misuse of Drugs Regulations with a view to introducing substantial additional controls on certain prescription drugs being traded illicitly including benzodiazepines and z-drugs.

As I am sure the Deputy will appreciate controls on prescription medicines are complex bearing in mind that we must take account of the need to facilitate the legitimate supply chain and legitimate use of such products unlike, for example, when dealing with more traditionally controlled substances for which there is little or no legitimate medicinal use.

I am informed by the Department of Health that the review of the existing controls governing the supply of these medicines has required a very detailed process of consultation with the Health authorities engaging with relevant stakeholders including industry, patient organisations, other Government Departments and Agencies and the wider general public.

Of course, consultation has also taken place with officials from my own Department and with the Agencies charged with law enforcement in this area including An Garda Síochána and the Health Products Regulatory Authority.

Arising from this consultation process, and as my colleague Minister of State English confirmed during the debate last week, substantial amendments to the Misuse of Drugs Regulations 1988 are envisaged.

I understand that work was well advanced but was of necessity delayed by virtue of work required on foot of the adverse finding made by the Court of Appeal in March this year concerning the constitutionality of section 2 (2) of the Misuse of Drugs Act 1977. As indicated to the House last week the Department of Health is progressing new legislation in response to this judgment which will facilitate the making of new regulations in the future including those we have discussed today.

I do appreciate the Deputy's call for urgency on this matter. I can fully support the work being done to strengthen controls in relation to these products and I would welcome the new measures being brought forward at the earliest possible opportunity.

Inspector of Prisons Reports

Questions (117)

Mick Wallace

Question:

117. Deputy Mick Wallace asked the Minister for Justice and Equality for an update on the investigation into the recording of telephone conversations between prisoners and their solicitors, which was initiated by a former Minister for Justice and Equality in April 2014; and if she will make a statement on the matter. [35253/15]

View answer

Written answers

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 solicitors. The Inspector was asked to carry out his investigation pursuant to section 31 of the Prisons Act, 2007.

The Office of the Inspector of Prisons is a statutory, independent office established under the Prisons Act, 2007. The Inspector's investigation is currently underway and his report will be presented to me on completion.

Garda Station Closures

Questions (118)

Mick Wallace

Question:

118. Deputy Mick Wallace asked the Minister for Justice and Equality the number of Garda stations that have been closed in County Wexford since 2000; if her Department plans to reopen any of them; and if she will make a statement on the matter. [35256/15]

View answer

Written answers

The formulation of proposals in relation to the opening and closing of Garda stations is a matter, in the first instance, for the Garda Commissioner in the context of annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005.

In this regard, the Deputy will be aware that the Garda Síochána carried out a comprehensive review of its district and station network in 2012 and 2013. The objective was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review resulted in a reconfigured district and station network aimed at deploying the organisation's resource base to optimal effect. The resulting Garda District and Station Rationalisation Programme led to the closure of 139 Garda Stations and the amalgamation of 32 Garda districts during the course of 2012 and 2013.

I am informed by the Garda authorities that there were no Garda station closures between 2000 and 2011 in County Wexford. There were two station closures in County Wexford in 2012: Ballywilliam and Baldwinstown; and the station in Kiltealy closed in 2013. There are no plans to reopen these stations.

An Garda Síochána is committed to providing the best possible policing service to the people of Ireland within the resources available. An Garda Síochána regularly reviews and assesses the organisation's capabilities and the deployment of those resources to provide an effective policing service. The needs of the community and the ability of the organisation to contribute to public safety and community protection remains the foremost consideration of An Garda Síochána.

The Garda Authorities advise me that local Garda Management in Wexford closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies, to ensure optimum use is made of Garda resources, and the best possible Garda service is provided to the public.

Garda Investigations

Questions (119)

Catherine Murphy

Question:

119. Deputy Catherine Murphy asked the Minister for Justice and Equality her views on the matters raised recently concerning the disappearance of a child (details supplied) in 1977; and if she will make a statement on the matter. [35287/15]

View answer

Written answers

As I have outlined in my earlier response today to a Parliamentary Question on this subject, I am advised by the Garda authorities that a comprehensive review into this case has in fact been ongoing since 2011, under the direction of the Assistant Commissioner for the Northern Region. All aspects of the original investigation and subsequent reviews have been examined by the Garda Review Team. As part of the Garda inquiry, a file is currently with the Director of Public Prosecution following the arrest of a person in October 2014 in connection with the disappearance. I understand that the case has also been the subject of an investigation by the Garda Síochána Ombudsman Commission, on foot of complaints to that office. I am further advised that within the past two weeks, further statements have been made to the Gardaí in relation to the case and that these will now be examined by the Review Team.

I would also restate my concern that nothing we say add to the distress the family has experienced and that the examination of allegations concerning the disappearance are matters for the relevant investigatory agencies.

Garda Strength

Questions (120)

Bernard Durkan

Question:

120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she expects to increase Garda Síochána strength at various stations arising from the ongoing recruitment programme, with particular reference to augmenting strength at stations that experienced reduced manpower in recent years, with particular reference to the need to address the demographics and ensure the maximisation of policing capability; and if she will make a statement on the matter. [35249/15]

View answer

Written answers

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

This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year.

To date there has been four intakes of Garda Trainees to the Garda College, giving a total intake of 400. A further 150 recruits will enter college by year end, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí.

The increased budget allocation for An Garda Síochána in 2016 which I announced last week, provides for the recruitment of 600 new Gardaí in addition to the 550 that will be recruited by year end. The ongoing recruitment of new Gardaí is crucial to An Garda Síochána and for the safety of communities throughout the State. This ramped-up recruitment underscores the determination of this Government to deliver an effective, responsive police service to protect our communities and respond to emerging crime trends.

This additional recruitment is being further supported by reform and efficiency measures. For example, the civilianisation of frontline immigration control procedures at Dublin Airport is freeing up Gardaí for core policing duties and allowing the much reduced number of Gardaí who will continue to be based at the airport to focus on the policing and intelligence aspects of border control rather than routine immigration and passport checks.

Crime Prevention

Questions (121)

Mattie McGrath

Question:

121. Deputy Mattie McGrath asked the Minister for Justice and Equality her plans to immediately roll out emergency recruitment measures for new gardaí given the rapid escalation in rural crime; her further plans to reduce the levels of burglaries and thefts occurring in rural Ireland; further to this, when she will publish the result of the public consultation on the cash for gold sector; and if she will make a statement on the matter. [35183/15]

View answer

Written answers

This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year.

To date there have been four intakes of Garda Trainees to the Garda College, giving a total intake of 400. A further 150 recruits will enter college by year end, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are assigned to mainstream uniform policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí.

I am pleased that the budget allocation for 2016 will allow for the recruitment of a further 600 new Gardaí in addition to the 550 that will be recruited by year end. The ongoing recruitment of new Gardaí is crucial to An Garda Síochána and for the safety of communities throughout the State.

I am determined to tackle rural crime and to ensure that those on the frontline have the legislation and resources to do so effectively. My approach is focussed on two key objectives; strengthening the law to get tougher on serious and repeat offenders, principally through the Criminal Justice (Burglary of Dwellings) Bill, 2015 which is before the Houses of the Oireachtas, and investing in the capacity of An Garda Síochána to enforce that law effectively through the significantly enhanced Garda resources which the Government is making available.

I am aware of the concerns that have been expressed in relation to the potential of the irregular trade in second hand precious metals and stones to fuel crimes such as burglaries and thefts given the ease by which items of jewellery can be melted down and made untraceable. My Department has recently published a consultation document on setting out potential options for addressing the 'cash for gold' issue. This consultation document, which is available on the Department's website, has a closing date for receipt of submissions of 30 October 2015. Following receipt of submissions there will need to be further engagement with An Garda Síochána, the Office of the Revenue Commissioners and other relevant Departments and State Bodies.

Garda Resources

Questions (122)

Helen McEntee

Question:

122. Deputy Helen McEntee asked the Minister for Justice and Equality if she will provide an update on the need for additional Garda Síochána resources in a community (details supplied) in County Meath; and if she will make a statement on the matter. [35206/15]

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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.

I have been informed by the Garda Commissioner that, as of the 31 August 2015 the latest date for which figures are readily available, 280 members of An Garda Síochána are assigned to the Meath Garda Division of which 4 are stationed in the area in question. The work of these Gardaí is supported by 35 Garda Reserve members and 24 civilian staff. The work of local Gardaí in the Meath Division is augmented when necessary by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and the Garda National Immigration Bureau (GNIB). Organised criminal activity is currently being targeted by An Garda Síochána across a number of fronts, including the use of focused intelligence-led operations by specialist units such as the Drugs and Organised Crime Unit and CAB.

This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year. To date there has been four intakes of Garda Trainees into the Garda College, giving a total intake of 400. A further 150 recruits will enter the college by year end, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are deployed to mainstream policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered, including the Meath Division, when determining the allocation of newly attested Gardaí.

The ongoing recruitment of new Gardaí is crucial for An Garda Síochána and for the safety of communities throughout Ireland and I was pleased to announce that the budget allocation for 2016 will allow for the further recruitment of 600 new Gardaí in 2016.

Garda Misconduct Allegations

Questions (123)

Richard Boyd Barrett

Question:

123. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the position regarding the barristers panel review of a case (details supplied); and if she will make a statement on the matter. [35282/15]

View answer

Written answers

The particular case to which the Deputy refers is amongst those 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, or other public representatives 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 Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. I am mindful that all complainants are anxious to know the outcome of the review of their case and every effort is being made to conclude the process. In each case a submission will be prepared. Mr Justice Roderick Murphy will review the summary of the conclusion and the letter of notification drafted to ensure that they are a fair and accurate reflection of the recommendation.

The issuing of notification letters to complainants commenced on 29 June. To date, 216 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants until the process is completed.

I have previously assured Deputies that where further investigation is recommended by the review then that will occur. It is my intention, on the completion of the process, to make a comprehensive statement on all the actions I have decided to take in line with the recommendations of counsel. I understand that the general overview report from senior counsel of the panel is currently being finalised. Once I have had an opportunity to consider it, I intend to publish it.

Garda Strength

Questions (124)

Brian Stanley

Question:

124. Deputy Brian Stanley asked the Minister for Justice and Equality the steps she will take to reverse recent reductions in Garda Síochána numbers in counties Laois and Offaly; and to increase the numbers involved in front-line policing. [35773/15]

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 continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources.

I have been informed by the Garda Commissioner that, as of the 31 August 2015 the latest date for which figures are readily available, 277 members of An Garda Síochána are assigned to the Laois/Offaly Garda Division. The work of these Gardaí is supported by 26 Garda Reserve members and 21 civilian staff. The work of local Gardaí in the Laois/Offaly Division is augmented when necessary by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Criminal Assets Bureau (CAB) and the Garda National Immigration Bureau (GNIB). Organised criminal activity is currently being targeted by An Garda Síochána across a number of fronts, including the use of focused intelligence-led operations by specialist units such as the Drugs and Organised Crime Unit and CAB.

This Government is committed to the ongoing recruitment of trainee Gardaí, and to this end the first intake since 2009 of new recruits commenced training at the Garda College, Templemore, in September of last year. To date there has been four intakes of Garda Trainees to the Garda College, giving a total intake of 400. A further 150 recruits will enter the college by year end, bringing total recruitment of Garda Trainees to 550. So far 295 of the new Garda Trainees have attested as members of An Garda Síochána. On attestation, new Probationer Gardaí are assigned to Garda stations throughout the country by the Garda Commissioner, where they are deployed to mainstream policing duties. I am assured by Garda management that the needs of all Garda Divisions are fully considered, including the Laois/Offaly Division, when determining the allocation of newly attested Gardaí.

The ongoing recruitment of new Gardaí is crucial for An Garda Síochána and for the safety of communities throughout Ireland and I am pleased that the budget allocation for 2016 will allow for the further recruitment of 600 new Gardaí in 2016.

Crime Prevention

Questions (125)

Helen McEntee

Question:

125. Deputy Helen McEntee asked the Minister for Justice and Equality if she will engage with the Irish Farmers Association on its proposals for curbing criminality in rural areas; the Government's priorities in respect of tackling burglaries and theft from farmyards and rural homes; and if she will make a statement on the matter. [35205/15]

View answer

Written answers

As I have outlined in my response to other parliamentary questions today, and elsewhere, as Minister for Justice and Equality I am determined to tackle rural crime and to ensure that those on the frontline have the legislation and resources to do so effectively. My approach is focussed on two key objectives; strengthening the law to get tougher on serious and repeat offenders, principally through the Criminal Justice (Burglary of Dwellings) Bill, 2015 which is currently before the Houses of the Oireachtas, and investing in the capacity of An Garda Síochána to enforce that law effectively through the significantly enhanced Garda resources which the Government is making available.

As part of the overall package of measures in place to oppose this type of criminality, the Garda authorities have pursued a range of partnerships with community stakeholders, and co-operation with the Irish Farmers Association is to the fore in this. A number of successful partnership projects are already in place including in relation to Metal Theft, the Theft of Livestock, the new 'Theftstop' initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme. While the detail of crime prevention measures are a matter for the Garda authorities in the first instance, I will of course be glad to give careful consideration to any further proposals for initiatives involving the IFA or other community stakeholders, in consultation with the Garda authorities. I am confident that further partnership working can assist in tackling crime and meeting the needs of rural communities, and I would like to acknowledge the value of the valuable work done to date by all involved.

With the benefit of the very significant allocations which the Government is making for Garda resources, I am working closely with the Commissioner to finalise details of an enhanced operational response to burglaries and related crimes, and I expect to be in a position to make further announcements in this regard shortly. These measures represent an investment in the safety of our communities and underscore the commitment of this Government to ensure that those on the frontline in tackling crime, including burglary, have the capacity to do so effectively.

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