Tuesday, 20 Oct 2015

Written Answers Nos. 126-140

Prison Accommodation Provision

Questions (126)

Niall Collins

Question:

126. Deputy Niall Collins asked the Minister for Justice and Equality her plans to address capacity issues in prisons; and if she will make a statement on the matter. [35220/15]

Written answers

Minister for Justice and Equality

As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those on temporary release, on a daily basis and this information is available on the Irish Prison Service website (www.irishprisons.ie).

The Programme for Government outlines the commitment of this Government to finding alternatives to custody as a means of reducing overcrowding. We continue to ensure that violent offenders and other serious offenders serve appropriate prison sentences while at the same time switching away from prison sentences and towards less costly non-custodial options for non-violent and less serious offenders.

I am advised by the Irish Prison Service that it is continuing to reduce the capacity of our prisons to align with the Inspector of Prisons recommended bed capacity of 3,982 in so far as this is compatible with public safety and the integrity of the criminal justice system. On 7th October 2015 there were 3,663 prisoners in custody which is 92% of the Inspector's recommended total capacity of 3,982. Significant decreases in prison numbers have taken place. The overall daily average number in custody for 2014 was 3,915 compared to 4,390 in 2011, a decrease of 10.8%. The Deputy may wish to note that the number in custody reached a peak of 4,621 on 23rd February 2011. On the 7th October 2015, there were 958 less prisoners in custody, a decrease of 21%.

Huge improvements have been made to prison conditions in recent years. Overcrowding has been eliminated in Mountjoy Prison and priority has been given to addressing capacity issues in Cork, Limerick and the Dóchas Centre. All of the wings in Mountjoy Prison have been completely refurbished thereby facilitating the elimination of the practice of slopping out in the prison. A completely new replacement prison in Cork is almost complete and will be operational by early 2016. The enabling works for a major redevelopment of Limerick Prison are also scheduled to begin in 2016 with the main construction phase to start in early 2017. Significant building and refurbishment projects are also scheduled for 2016 in Castlerea Prison.

Alternatives to custody continue to be pursued and legislation has already been passed. This includes the Criminal Justice (Community Service) (Amendment) Act 2011 which requires the sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered.

The Fines (Payment and Recovery) Act 2014 provides that the Court imposing a fine shall take into account a person's financial circumstances. It further provides, inter alia, that where a person fails to pay a fine by the due date, the Court may make an attachment order to earnings as a means of recovering the unpaid fine. As a result of this legislation, it is expected that we will see a reduction in the number of committals to prisons on short sentences.

In conjunction with the Probation Service, the Irish Prison Service has continued the national roll out of the Community Return Programme, an incentivised scheme for earned temporary release under which carefully selected offenders can be granted structured temporary release in return for supervised community service. In addition to this programme, Community Support Schemes have been set up in Cork Prison, Mountjoy Campus, West Dublin Campus and Limerick Prisons, the aim of which is to reduce recidivism rates by arranging for additional support structures and provide for a more structured form of temporary release.

Garda Resources

Questions (127)

Bernard Durkan

Question:

127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she expects extra members of An Garda Síochána to become available for duty over the next five years; if adequate resources for the procurement of modern technology are likely to become more available; if Garda Síochána deployment and policing strategy is likely to compare favourably with other jurisdictions throughout the European Union, with the objective of achieving best practice; if the use of effective closed-circuit television is likely to become more available in the fight against crime in general, and the activities of criminal gangs in particular, with specific reference to the need to confront the mobilised criminal gangs carrying out raids throughout the country; and if she will make a statement on the matter. [35248/15]

Written answers

Minister for Justice and Equality

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.

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.

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 the end of the year. The ongoing recruitment of new Gardaí is crucial to An Garda Síochána and for the safety of communities throughout the State. Provision is also made in the budget allocation for additional funding for Garda surveillance, special operations and targeted, intelligence-led policing. These measures will ensure that Gardaí have the necessary tools and manpower to tackle the scourge of highly-mobile criminal gangs and to seek to disrupt crime, particularly burglaries, across both rural and urban communities.

The Government Capital Plan 2016-2021 sets out the strategic objectives for investment in the Justice Sector over the life time of the plan. The substantial investment of €46 million for new Garda vehicles over the life time of the Plan, illustrates this Government's ongoing commitment to ensuring that the Garda fleet is modern, effective and fit-for-purpose. Funding will be provided for both regular Garda patrol vehicles as well as specialist, high-power vehicles for targeted operations. Access to new and modern vehicles is vital in ensuring gardaí can be mobile, responsive and visible in both urban and rural communities. This investment builds on the nearly €29 million invested in new Garda vehicles since 2012. So far this year 370 new Garda vehicles have come on stream and I have secured a further €700,000 for the purchase of specialist vehicles to support Gardaí in tackling highly mobile criminal gangs. As regards investment in Garda technology and ICT, the Plan provides an additional €205 million. This will bring the overall Garda ICT funding to €330 million over the lifetime of the Plan and will deliver on my commitment to progress important reforms of An Garda Síochána on foot of last year's comprehensive report from the Garda Síochána Inspectorate on Crime Investigation.

More generally, it is also the case that the Garda Síochána Inspectorate, in its reports on An Garda Síochána, benchmarks the performance of the An Garda Síochána with best international policing practice.

Regarding Closed Circuit Television (CCTV), I am informed by the Garda Authorities that an Advisory Committee was established to advise on all aspects of CCTV operated for the purpose of increasing public safety and reducing the risk of anti-social and criminal activity. This Committee meets every quarter to examine applications for CCTV projects, places them in appropriate categories and makes recommendations relative to prioritisation in accordance with the objective criteria set out under the Garda Síochána Act 2005 and in the Garda Policy for the Operation and use of CCTV schemes.

Policing of Events

Questions (128)

Thomas Pringle

Question:

128. Deputy Thomas Pringle asked the Minister for Justice and Equality for a breakdown of the security costs for the MacGill Summer School held in the Glenties in County Donegal in July 2015; and if she will make a statement on the matter. [35186/15]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the Garda Regions, Divisions, and Districts.

I am informed by the Garda Authorities that An Garda Síochána does not routinely collect the policing costs of every operation as it would use a disproportionate amount of Garda time and effort to extract the relevant information. Members involved in policing this event also performed routine policing duties in the Glenties District during the period and it is not possible, therefore, to provide an accurate figure for duty at this event.

Crime Prevention

Questions (129)

Éamon Ó Cuív

Question:

129. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality her policy on rural policing; and if she will make a statement on the matter. [35190/15]

Written answers

Minister for Justice and Equality

Tackling rural crime and burglaries remains a top priority for the Government and for An Garda Síochána. I am in close contact with the Garda Commissioner to ensure that the policing response is effective and that Garda operations take account of evolving trends and patterns in burglary offences, both in rural and urban areas.

In recent times, Garda strategy to counter burglaries and related crimes has been co-ordinated under Operation Fiacla, which is a national operation targeting burglary by using an intelligence and analysis-led approach. In support of Operation Fiacla, there are burglary related operations in place in each Garda Division.

Special targeted patrols have been implemented with the assistance of Garda National Support Services against criminal groups. These arrangements have also targeted the use of motorways by criminal gangs and have contributed to the arrest of a number of high-priority suspects.

The sustained Garda response under Operation Fiacla has produced many successes in disrupting those involved in this type of criminal activity. As of 31 August 2015, Operation Fiacla had led to 14,381 arrests, with 8,181 persons charged.

This Government has been determined to ensure that An Garda Síochána has the resources to deliver highly-mobile and responsive Garda patrols in both rural and urban communities. Since 2012, we have invested almost €29 million in renewing the Garda fleet to support front line Garda responses. So far this year 370 new vehicles have come on stream including new specialised vehicles. I informed the House today that I have secured an allocation of a further €5.3m to An Garda Síochána for the purchase of a further 260 vehicles between now and the end of the year. This new investment will provide the Gardaí with additional high powered vehicles, marked and unmarked patrol cars, cars for surveillance and covert operations, motor cycles for high visibility road policing and vehicles for public order policing. This investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government's Capital Plan 2016-2021 which provides an additional €46 million for new Garda vehicles over the life time of the Plan. The increased budget allocation for 2016 will also facilitate additional funding for Garda surveillance, special operations and targeted, intelligence-led policing.

This substantial level of investment will be accompanied by the continued renewal of Garda personnel with 600 new Garda to be recruited next year on top of the 550 to be recruited by the end of this year. The totality of this investment will ensure that Gardaí have the necessary tools and manpower to tackle the scourge of highly-mobile criminal gangs and to disrupt crime, particularly burglaries, across both rural and urban communities.

Crime Prevention

Questions (130)

David Stanton

Question:

130. Deputy David Stanton asked the Minister for Justice and Equality if she has considered implementing a farm watch scheme such as those in operation in areas of the United Kingdom which help police combat rural crime and theft of agricultural equipment and livestock by working with farmers; and if she will make a statement on the matter. [35775/15]

Written answers

Minister for Justice and Equality

I am of course very conscious of the serious impact of the theft of equipment and livestock and similar crimes on farm families and rural communities.

My response, as Minister for Justice and Equality, to crime in both rural and urban areas, and burglaries in particular, 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 now making available, including the very significant investments in manpower, vehicles and surveillance resources which were announced on Budget Day and in the Capital Plan 2016-2021.

The Deputy will be aware that as part of the overall package of measures to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. In 2013 An Garda Síochána published Community Crime Prevention Guidelines to assist in the establishment and operation of various community and neighbourhood watch schemes. The Deputy will also be aware that there are several other initiatives which have been established in partnership with the Irish Farmers Association, Muintir na Tire and other rural community organisations, including the well established Community Alert Programme, the ongoing work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the new Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.

In this regard, I am pleased to say that the Budget Day announcements included significantly increased funding from my Department for the Community Alert programme.

While the detail of crime prevention measures, such as the UK example referred to, 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 such initiatives 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.

Garda Station Opening Hours

Questions (131)

Éamon Ó Cuív

Question:

131. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if she has discussed the issue of rural Garda Síochána station opening hours with the Garda Commissioner or with the Garda Síochána authorities; and if she will make a statement on the matter. [35189/15]

Written answers

Minister for Justice and Equality

Decisions in relation to the allocation of Garda resources, including station opening hours, are a matter for the Garda Commissioner in the context of her operational responsibilities and I as Minister have no direct role in the matter. Garda management keep the allocation of resources 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 am advised by the Garda Authorities that an increase in the opening hours of any Garda Station would necessitate the deployment of additional Garda personnel on indoor administrative duties who may be more effectively employed on outdoor policing duties. I am also advised that the matter of opening hours of sub-district stations is subject to continual review and alteration by Garda management in the context of policing priorities and resources available.

Road Traffic Offences

Questions (132)

Paul Murphy

Question:

132. Deputy Paul Murphy asked the Minister for Justice and Equality if her Department is reviewing the procedures for how driving under the influence of alcohol is dealt with by An Garda Síochána. [35280/15]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that road traffic legislation, including the relevant provisions for the prohibition of driving while under the influence of an intoxicant or of exceeding alcohol limits, is the responsibility of my colleague the Minister for Transport, Tourism and Sport.

All members of An Garda Síochána are tasked with the enforcement of relevant legislation, including the Road Traffic Acts. As part of this enforcement policy members of An Garda Síochána carry out planned and 'ad hoc' checkpoints as required, including mandatory alcohol testing (MAT) checkpoints.

I can assure the Deputy that there is regular interaction between all the relevant agencies in relation to the ongoing review and development of road safety matters.

Communications Surveillance

Questions (133)

Ruth Coppinger

Question:

133. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of applications for interceptions that have been made under the Interception of Postal and Telecommunications (Regulations) Act 1994 from September 2014 to date in 2015; and the number of these that were granted. [35288/15]

Written answers

Minister for Justice and Equality

It is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept, including their number. The Deputy will appreciate that this practice, which has been followed by my predecessors, arises for sound security reasons.

Furthermore, Section 12 of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 places a requirement on the Minister for Justice and Equality to ensure that such arrangements are in place to limit to the minimum necessary the disclosure of the fact that an authorisation has been given, and the contents of any communication which has been intercepted pursuant to an authorisation. The Act defines "necessary" as necessary for the purpose of the prevention or detection of serious offences or in the interests of the security of the State.

I can, however, assure the Deputy that there is a comprehensive legislative regime in place to deal with lawful interception. Under Section 2 of the 1993 Act, Ministerial authorisation may be given for interceptions in the interests of the security of the State or for the purpose of criminal investigation. Such authorisations are only issued following application from the Garda Commissioner or the Chief of Staff of the Defence Forces, in accordance with the Act.

The 1993 Act also makes provision for independent judicial oversight of its operation by a serving Judge of the High Court who is designated for this purpose. The Designated Judge reports at least annually to the Taoiseach on the operation of the legislation and these reports are laid before the Houses of the Oireachtas. The current designated judge is Mr Justice Paul McDermott. The Act also provides for a complaints mechanism whereby an individual who believes he or she has been the subject of an authorisation under the relevant provisions of the Act may apply to the independent Complaints Referee for an investigation into the matter. The Complaints Referee is Judge John Hannan of the Circuit Court who may be contacted at the Office of the Complaints Referee, Áras Uí Dhálaigh, Inns Quay, Dublin 7.

Road Traffic Offences

Questions (134)

Thomas P. Broughan

Question:

134. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if she will report on her Department's collaboration with the Department of Transport, Tourism and Sport, An Garda Síochána, the Road Safety Authority and the Courts Service on rectifying the many discrepancies in the enforcement of our road safety laws, given the continuing number of loopholes discovered in summer 2015, along with the low number of convictions of penalty points offences for drivers who were summonsed to court; and if she will make a statement on the matter. [35204/15]

Written answers

Minister for Justice and Equality

As the Deputy will be aware, Ireland has developed a multi-agency approach to road safety through the involvement of a number of agencies working in partnership. While significant efforts are devoted to addressing the issues referred to by the Deputy, it is important to note that the system of fixed charge notices and penalty points have formed a key part in Ireland's Road Safety Strategy for several years, have gained widespread acceptance, and contributed to enforcement and reduced road fatalities. The system represents an efficient means of dealing with road traffic infringements with most fixed charges being paid without recourse to court, and an approximate payment rate of nearly 80% in 2014.

The systems involved are, however, large and complex ones requiring continuous attention and development. The issues of concern referred to by the Deputy are being addressed by the Criminal Justice Fixed Charge Processing System (FCPS) Working Group on a number of fronts. These include the project which is underway to introduce a '3rd Payment Option' whereby a person served with a summons would have a final opportunity to pay the penalty and receive the points without attending Court. The IT project to give effect to this facility is due for completion in July 2016.

In addition, a working group has been established by the Garda Síochána to actively examine how the rate of summons serving can be improved and to regularly monitor the level of summons service throughout the country, as well as to consider longer term solutions with a view to improving service of summonses generally. This group has reported improvements in the rate of successful service of summonses. As the Deputy will be aware there are long-standing challenges with effecting service of summons in certain circumstances, relating to such matters as inaccurate address data, persons moving address, or living in multi-occupancy dwellings or other settings which make service difficult. In addition, certain persons will take steps to evade service. Similar difficulties are experienced by many other police forces.

Further short term steps have been undertaken to improve enforcement of penalty point matters in the Courts. These include:

- A range of prosecutions are being brought for the non-production of driving licences in Court, with a view to ensuring that penalty points are applied whenever a conviction is recorded. The outcome of these prosecutions and their impact will be assessed, including in relation to the most efficient means of bring such prosecutions on an ongoing basis.

- A pilot project is underway to allow 2 Dublin courtrooms electronic access to the National Vehicle Driver File (NVDF) to check driving licences where a person found guilty of a penalty point offence does not produce their driving licence to the Court. Again this will assist in ensuring that penalty points are applied where convictions are recorded.

One longer term measure also under consideration is a project which will associate vehicle and driver records in order to achieve optimum penalty point endorsement as well as other benefits. The Minister for Transport, Tourism and Sport and I received an update recently in relation to the development of this project and hope to be in a position to provide further information in this regard in the near future.

In conclusion, I can assure the Deputy that there is ongoing liaison between all of the stakeholders involved at an operational level with a view to addressing the above issues and any other matters that arise, including in the development of road traffic legislation.

Deaths in Prison

Questions (135)

Clare Daly

Question:

135. Deputy Clare Daly asked the Minister for Justice and Equality the action she proposes to take in response to the report of the Inspector of Prisons and Places of Detention in relation to the deaths of two prisoners, which exposed inaccurate record-keeping. [35187/15]

Written answers

Minister for Justice and Equality

I take this opportunity to offer my sympathy to the families concerned on their loss. I would also like to thank the Inspector of Prisons, Judge Michael Reilly, for his very comprehensive investigations and report into the deaths in custody of the prisoners concerned. Both reports were published on 25 September, 2015 and are available on my Department's website: www.justice.ie.

Since 1 January, 2012, the death of any prisoner in custody or on temporary release is the subject of an independent investigation by the Inspector of Prisons. The Office of the Inspector is a statutory independent office established under the Prisons Act, 2007.

I take the findings of these reports extremely seriously, as does the Director General of the Irish Prison Service. He has advised that prison management are examining those findings in detail following which all necessary actions will be taken.

Prison Visiting Committees

Questions (136)

Maureen O'Sullivan

Question:

136. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if she is satisfied that appointees and re-appointees to prison visiting committees have the ability and interest to do the work; the number of visits by prison visiting committees in 2015 to date; and if there are vacancies. [35257/15]

Written answers

Minister for Justice and Equality

Prison Visiting Committee members are appointed by the Minister for Justice and Equality under the Prisons (Visiting Committees) Act 1925 and Prisons (Visiting Committees) Order 1925. There are fourteen Prison Visiting Committees in existence - one for each institution.

Each Visiting Committee comprises no more than six members, and only suitable people with appropriate qualifications and a genuine interest in prison issues are appointed. Members are appointed for a term not exceeding three years. At the end of their term, their membership of the Committee automatically lapses but they may be either re-appointed for a further term or replaced by new members. There are currently 20 vacancies.

Each Visiting Committee presents an Annual Report to me. These reports are published and made available on my Department's website at www.justice.ie.

I am advised that to date in 2015 Visiting Committees have undertaken a total of 819 visits.

In May, 2011 the Government approved the drafting of a General Scheme of an Inspection of Places of Detention Bill, which will include provisions to make Visiting Committees more effective, while they continue their role of visiting prisons, meeting with prisoners, and liaising on their behalf with prison authorities. A link will be established between the Visiting Committees and the Inspector of Prisons. As part of these plans, it is intended to expand the role of the Inspector of Prisons. Under the proposed new arrangements, it is intended that Visiting Committees will report regularly to the Inspector of Prisons.

Subject to competing legislative priorities, it is expected that the General Scheme will be published in 2016. There will be a consultation process in advance of drafting and publication of the Bill.

Anti-Social Behaviour

Questions (137)

Terence Flanagan

Question:

137. Deputy Terence Flanagan asked the Minister for Justice and Equality the steps she will take to address anti-social behaviour, such as drug-taking and knife crime, in Dublin city centre; and if she will make a statement on the matter. [35260/15]

Written answers

Minister for Justice and Equality

I can assure the Deputy that I am in ongoing contact with the Garda Commissioner in relation to the measures which are being taken to combat crime and enhance public safety in the city centre area. An Garda Síochána make full use of the extensive range of legislation which is in place to address street crime and anti-social behaviour, including knife crime and drug related crime. In this regard there is a comprehensive and robust legal framework in place with respect to knife crime including strong Garda powers to search without a warrant and penalties of up to five years imprisonment.

Tackling this type of crime is central to the overall and 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. As part of the Garda Plan a range of dedicated policing operations and measures are in place to tackle crime and anti-social behaviour in the city centre. The resumption of Garda recruitment and the deployment of newly attested Gardaí are of course key components in providing visible policing in the city centre and elsewhere.

In addition to the Garda responses, I am sure the Deputy would concur that the issues involved are not simply policing ones. He will also recall that I have previously met with the key state agencies and other stakeholders in relation to various actions which are aimed at improving the general environment in Dublin City Centre, and strongly support this ongoing work.

In relation to the concerns which have been expressed about drug misuse in the city centre, the Deputy will be aware that the Government's overall response to the problem of drug misuse, is set out in the National Drugs Strategy for the period 2009-2016. The Strategy is being delivered under the stewardship of my colleague, Minister of State Ó Ríordáin, and it provides a coordinated and comprehensive response founded on a partnership approach.

I think it is generally accepted that the complex issues which contribute to drug addiction and related behaviours must be addressed in a coordinated and cross-cutting manner. In response to the particular issues arising in Dublin City Centre a 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. These measures, combined with the Government's initiatives to tackle homelessness, are helping to address the broader aspects of the problems referred to by the Deputy.

Finally, I welcome the continued close engagement between An Garda Síochána, Dublin City Council and other agencies as well as ongoing consultation with key stakeholders, such as the Dublin City Business Forum. My Department is maintaining contact with these cooperative initiatives, and I understand that positive feedback is being received in relation to the policing measures being employed by the Garda authorities, and their level of engagement with business and community interests.

Garda Expenditure

Questions (138)

Joe Higgins

Question:

138. Deputy Joe Higgins asked the Minister for Justice and Equality if she will review the money spent on surveillance equipment and technology by An Garda Síochána. [35278/15]

Written answers

Minister for Justice and Equality

Under the Garda Síochána Act 2005 the Garda Commissioner is responsible for controlling the general management and administration of the Force within the context of agreed annual policing plans. This includes the procurement and maintenance of various technologies utilised to support frontline Gardaí and intelligence led operations against organised crime.

In that context I am advised by the Commissioner that approximately €0.139m was spent by An Garda Síochána on surveillance equipment and technology in the last full year 2014.

Oireachtas Joint Committee Reports

Questions (139)

Pádraig MacLochlainn

Question:

139. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality for an update on the Government's response to the March 2013 report on penal reform from the Oireachtas Joint Committee on Justice, Defence and Equality. [35311/15]

Written answers

Minister for Justice and Equality

The report of the Oireachtas Joint Committee on Justice, Defence and Equality published in March, 2013 is an important contribution to the debate on penal reform and contains analysis and recommendations which significantly advance the debate on how best to protect society through effective offender management.

I published the Report of the Penal Policy Review Group, which took the Joint Committee's report into account, in September, 2014. I also referred the Review Group's report to the Joint Committee in November 2014 for their consideration and appreciate their feedback in this regard. While there is much in common between both reports there are some variations in approach but these can be examined as part of the ongoing process of implementation.

The Report of the Review Group contains 43 recommendations, some of which can be implemented in the short to medium term, while others will require a more long term approach. As an initial step, in November 2014 I obtained the agreement, in principle, of Government to proceed immediately with the implementation of the following key recommendations:

- bringing forward legislative proposals to establish the Parole Board on an independent statutory basis;

- preparing proposals and options for Government on reform of sentencing policy, including a review of the threshold at which presumptive minimum sentences in drugs and other offences apply;

- preparing proposals for Government on legislating for the Review's recommendation that Courts set out in writing their reasons for imposing a custodial sentence;

- preparing proposals on the potential for increased use of earned remission; and

- pursuing options for an open prison for female offenders.

Progress has already been made in terms of some of the recommendations of both groups - for example, the pursuit of alternatives to custody, interagency working between the Irish Prison Service and the Probation Service and the use of structured temporary release programmes such as the Community Return Programme and the Community Support Scheme. The progress to date provides a solid platform from which to proceed with future reform.

Finally, I established an implementation group to oversee implementation of these recommendations and to report back to me on a regular basis. The group is chaired by Dr. Mary Rogan who was a member of the review group and I anticipate receiving the implementation group's first report next month.

Protected Disclosures in the Public Interest

Questions (140)

Mick Wallace

Question:

140. Deputy Mick Wallace asked the Minister for Justice and Equality her views on how the Garda Commissioner has dealt with whistleblower allegations since she came to office; and if she will make a statement on the matter. [35254/15]

Written answers

Minister for Justice and Equality

The Protected Disclosures Act 2014 came into operation on 15 July, 2014 as part of this Government's comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. Section 19 of the Act inserted a new provision into the Garda Síochána Act 2005, which provides for the Garda Síochána Ombudsman Commission (GSOC) to be a prescribed person under the 2014 Act to investigate disclosures relating to the Garda Síochána, including disclosures from members of the Garda Síochána. The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. The Statutory Instrument (No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures was signed into law on 23 July, 2014.

Members of the Garda Síochána may now communicate their concerns to the Garda Commissioner (as their employer) or to GSOC (as a prescribed body) under the provisions of the Protected Disclosures Act 2014 and are entitled to the protections provided by the Act.

I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, is an effective remedy for members who wish to report their concerns regarding potential wrongdoing.

I am aware that concerns in relation to two particular cases have been raised by Deputies, and reported in the media. As the Deputy will know, protection for whistleblowers rightly prioritises the confidentiality of the process, a confidentiality which is central to the efficacy of the process. Insofar as these particular cases are concerned, I have no function in relation to criminal investigations and the submission of files to the DPP, or in relation to the investigation of complaints by GSOC.