Written Answers Nos. 141-153
141. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will meet with the sister of a child (details supplied) who disappeared from her Donegal home in 1977 to discuss recent developments in this case. [35310/15]
View answerI am advised by the Garda authorities that a comprehensive review into this case has 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 am very conscious of the ongoing distress for the families and friends of persons who go missing and indeed met with the mother of the missing child in this case at last year's annual National Missing Persons Day. I was grateful to have been able to speak with her on that occasion and also to hear her moving address to those present as to the lasting impact for her and her family. I know that all in this House would wish to ensure that nothing we say would add to the distress the family has experienced and recognise that the examination of allegations concerning the disappearance are matters for the relevant investigatory agencies. I am aware, of course, that An Taoiseach has indicated that he would be available to meet with Ms Doherty and I will, of course, engage with him in relation to those arrangements.
142. Deputy Seán Kyne asked the Minister for Justice and Equality the steps she will take to tackle the prevalence of burglaries; if there are specific measures planned for repeat offenders; and if she will make a statement on the matter. [35250/15]
View answerI can assure the Deputy that I am extremely conscious of the impact of burglary on communities throughout the country and am determined to continue to take strong action against the criminals involved. 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 called together the heads of all of the Criminal Justice agencies to devise a new approach to tackle burglaries. One important factor which emerged was the finding that a large proportion of domestic burglaries are committed by serial offenders. Figures from the Garda Síochána Analysis Service indicate that 75% of burglaries are committed by 25% of burglars. Targeting these repeat offenders must be a priority and has the potential to significantly reduce the number of burglaries being committed. In response, I introduced the Criminal Justice (Burglary of Dwellings) Bill which is targeted at those repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. The new Bill will require the District Court to provide for consecutive jail sentences where a burglar is being sentenced for multiple offences, and will allow Courts to refuse bail for offenders who have a previous conviction for domestic burglary coupled with two or more pending charges. This Bill, which I hope to see enacted in the next few weeks, will go a long way in giving the Courts the power to ensure that repeat burglars are kept off the streets.
Legislation on its own is not enough, however. I am also in ongoing contact with the Commissioner with a view to ensuring that the policing response is as effective as can be and that Garda operations take account of evolving trends and patterns in burglary offences.
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.
I am also ensuring that An Garda Síochána have the necessary vehicles and technology to respond to the highly-mobile gangs behind much burglary offending. We have invested nearly €29 million in new Garda vehicles since 2012, with 370 new vehicles coming on stream so far this year. I have also made specific funding available for specialised vehicles and technology, providing €700,000 for new high powered vehicles in 2015, and €1.75m to upgrade surveillance equipment on Garda aircraft. Looking to future years, the Capital Plan 2016 - 2021 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.
143. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when she will advance the long-awaited Judicial Council Bill through the Houses of the Oireachtas. [35308/15]
View answerThe Deputy will be aware from replies to previous PQs that the Programme for Government undertakes to “legislate to establish a Judicial Council, with lay representation, to provide an effective mechanism for dealing with complaints against judges". This commitment is being pursued by way of the proposed Judicial Council Bill which will provide for the establishment of a Judicial Council and Board of that Council to promote excellence and high standards of conduct by judges. In addition, the proposed Bill will provide for the establishment of a Judicial Conduct Committee, the membership of which will include lay persons, to facilitate the investigation of allegations of judicial misconduct.
The Government Legislative Programme which was published on 22 September includes the Judicial Council Bill amongst those Bills which are expected to be published in the period from the commencement of the current Dail session to the start of the next session. My Department is working closely with the Office of the Attorney General to bring the Bill to a timely conclusion and I remain committed to advancing this legislation within a speedy timeframe.
144. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the current status of the Garda Commissioner's examination of the Moriarty report, the Flood report and the Mahon report; and if she will make a statement on the matter. [31710/15]
View answerI have sought an updated report from the Garda authorities in relation to the matters referred to and I will contact the Deputy again when it is to hand.
145. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality if she will consider legislating for the introduction of a sentencing council similar to that in place in England and Wales. [35307/15]
View answerAs the Deputy will appreciate, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law. The approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.
The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice is also being developed by a steering committee of the judiciary which developed the Irish Sentencing Information System website, a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. This system is being developed as a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families, and I very much support the initiative led by the Judiciary through the Judicial Research Office in undertaking the detailed work of gathering and providing information on sentencing via the website.
The report of the Working Group on the Strategic Review of Penal Policy, published in July 2014, considered the issue of developing sentencing guidelines. However, the majority of the Review Group took the view that the primary role of developing sentencing guidelines is the responsibility of the judiciary and does not lie in bringing forward detailed statutory based guidelines. It might also be noted that a Sentencing Council was not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published in June 2013. Work is currently underway to implement some of the key recommendations of the Penal Policy Review Group including preparing proposals and options for Government on reform of sentencing policy.
146. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality for an update on the barristers panel review of all the cases it is dealing with; and if she will make a statement on the matter. [35283/15]
View answerA panel consisting of two senior and five junior counsel was established for the purpose of conducting an 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. 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, notification letters have issued in respect of 216 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. Where cases have resulted in recommendations for further action, including referral to the Garda Síochána Ombudsman Commission (GSOC), requesting a report from the Garda Commissioner in accordance with section 41(2) of the Garda Síochána Act 2005, etc, I have accepted those recommendations.
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.
147. Deputy Colm Keaveney asked the Minister for Justice and Equality the key measures under the new comprehensive employment strategy for people with disabilities; and if she will make a statement on the matter. [35284/15]
View answerThe Strategy, which was launched on Friday 2 October, sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. People with disabilities are only half as likely to be in employment as others of working age. The reasons for this are complex, and include level of education and skills, fears around loss of benefits, employer know-how, low expectations, and limited re-entry to work following onset of a disability, as well as a higher incidence of ill-health.
The Comprehensive Employment Strategy for People with Disabilities is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment.
The Strategy's six strategic priorities are:
- Build skills, capacity and independence
- Provide bridges and supports into work
- Make work pay
- Promote job retention and re-entry to work
- Provide coordinated and seamless support
- Engage employers
Implementing the Strategy will require continuing interdepartmental cooperation and a joined-up approach to supports and services for jobseekers and workers with disabilities. The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years.
148. Deputy Colm Keaveney asked the Minister for Justice and Equality her views on concerns that the new comprehensive employment strategy for people with disabilities is arriving four years too late for this Government to deliver on the strong commitments made by An Taoiseach and Ministers at the strategy's launch; and if she will make a statement on the matter. [35285/15]
View answerThe Comprehensive Employment Strategy for people with disabilities had been due to be published in 2014. Following concerns expressed by the disability stakeholders with whom we consult, I asked that further work be undertaken to ensure that it contained real actions and credible targets. Following this further work by the National Disability Authority and my Department, we have a Strategy that has the potential to make a real difference to the quality of life of people with disabilities. I am very pleased to inform the Deputy that this Strategy was launched on Friday, 2 October 2015.
The Strategy sets out a ten-year approach to ensuring that people with disabilities who are able to, and want to, work are supported and enabled to do so. People with disabilities are only half as likely to be in employment as others of working age. The reasons for this are complex, and include level of education and skills, fears around loss of benefits, employer know-how, low expectations, and limited re-entry to work following onset of a disability, as well as a higher incidence of ill-health.
The Comprehensive Employment Strategy for People with Disabilities is a cross-government approach that brings together actions by different Departments and State agencies in a concerted effort to address the barriers and challenges that impact on employment of people with disabilities. In tandem with that, it seeks to ensure there will be joined-up services and supports at local level to support individuals on their journey into and in employment.
The Strategy's six strategic priorities are:
- Build skills, capacity and independence
- Provide bridges and supports into work
- Make work pay
- Promote job retention and re-entry to work
- Provide coordinated and seamless support
- Engage employers
Implementing the Strategy will require continuing interdepartmental cooperation and a joined-up approach to supports and services for jobseekers and workers with disabilities. The implementation of the Strategy will be subject to regular monitoring, and there will be a review and renewal every three years.
149. Deputy Seán Kyne asked the Minister for Justice and Equality if there are figures available regarding the additional Garda Síochána resources which have been freed up arising from the reorganisation of the service geographically as well as administratively; if such resources will be specified per division; and if she will make a statement on the matter. [35251/15]
View answerThe Garda District and Station Rationalisation Programme was implemented in An Garda Síochána during 2012 and 2013. In its review of the Garda Station Network, Garda management concluded in relation to certain stations, many of which were only open part-time and manned by a single Garda, that resources could be better deployed and more effectively used on the front line if those stations no longer had to be staffed and maintained. In reaching these conclusions, Garda management reviewed all aspects of the Garda Síochána policing model, including the deployment of personnel, the utilisation of modern technologies and the overall operation of Garda stations. The Programme supports the provision of a modern 21st century policing service for both urban and rural areas and allows front line Gardaí to be managed and deployed with greater mobility, greater flexibility, and in a more focused fashion, particularly with regard to various targeted police operations. As a result of the Programme, communities have benefited from increased Garda visibility and increased patrolling hours which has enabled An Garda Síochána to deliver an improved policing service to the public.
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 am informed by the Garda Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division. In the context of this dynamic model of resource allocation it is not possible to give a breakdown of Garda resources in the manner requested by the Deputy.
150. Deputy Terence Flanagan asked the Minister for Justice and Equality for an update regarding investigations by her Department into the Stardust tragedy; and if she will make a statement on the matter. [35259/15]
View answerFollowing my meeting with the Stardust Victims Committee last year I appointed an official in my Department to liaise with them in relation to matters about which they have expressed concern.
A researcher associated with the Committee submitted material relating to these events to my Department and a meeting was held with that researcher, and another person associated with the Committee, on 23 April this year. Following an examination of the material presented, a draft preliminary analysis was prepared in my Department and this draft was issued to the Committee in July of this year. The Committee were invited to examine this draft analysis and provide any commentary they wished to make on it. The Committee's response to this draft analysis was provided by way of a presentation made by researchers associated with the Committee; this presentation was made on 30 September 2015. Further additional material was provided to my Department at that presentation and these materials are currently being examined in my Department.
151. Deputy Brian Stanley asked the Minister for Justice and Equality the steps she will take to deal with the increasing levels of rural crime in counties Laois and Offaly. [35772/15]
View answerWhile the official CSO Recorded Crime Statistics for the Laois/Offaly Garda Division do not show any strong negative trends I am of course aware of the concerns that exist about particular crime incidents and the impact of crime generally on community morale.
As I have outlined in my replies to earlier questions, my response to crime, particularly burglaries, in all areas of the country 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 published the Criminal Justice (Burglary of Dwellings) Bill, 2015 which 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. In this regard, the Garda strategy to counter burglaries and related crimes has been co-ordinated 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. The reopening of the Garda College for new recruits in September last year and the deployment of newly attested Gardaí during the current year clearly demonstrate the Government's commitment to supporting communities on the front line. We are committed to ongoing Garda recruitment to further enhance our ability to confront criminals and protect the law-abiding majority. 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.
152. Deputy David Stanton asked the Minister for Justice and Equality if she has considered the cash for gold report of the Oireachtas Committee on Justice, Defence and Equality; the action she will take; and if she will make a statement on the matter. [35774/15]
View answerMy Department published a report in June 2012 on the criminal justice aspects of the cash for gold trade; this Report is available on my Department's website www.justice.ie. The Joint Oireachtas Committee on Justice, Equality and Defence were asked to consider the content of that report, obtain the views of all relevant interested parties and make such report/recommendations as the Committee deemed proportionate and appropriate in the public interest to the Houses of the Oireachtas and to Government. The Committee provided their observations to my predecessor in May 2013. The Committee's response made a number of valuable suggestions to be considered in addressing this issue; it also noted that the advent of specific 'Cash for Gold' businesses was a relatively new phenomenon and that drafting legislation to regulate this sector would be complex.
I am anxious to adopt the best approach to potential regulation in the area of cash for gold businesses, having regard to the potentially significant impact it would have on a broad range of other businesses in addition to 'cash for gold' outlets, including businesses such as jewellers, antique dealers, etc. For that reason my Department has published a consultation document setting out potential options for addressing this issue. In that context, the observations of the Committee were carefully examined by my Department and have significantly informed the drafting of this consultation document.
This consultation document is available on my Department's website. The closing date for receipt of submissions in relation to this consultation is 30 October 2015.
153. Deputy Niall Collins asked the Minister for Justice and Equality her views on concerns regarding ongoing Irish Republican Army activity; and if she will make a statement on the matter. [35218/15]
View answerOn 12 August 2015, Kevin McGuigan was shot dead in Belfast and following the shooting the PSNI launched a murder investigation that is ongoing. Subsequent statements made by the PSNI referring to lines of enquiry in its investigation have attracted widespread commentary on both sides of the border.
I am sure the Deputy will agree that there can be no justification for such brutal acts of violence and those who engage in them should face the full rigours of the law. It is essential the PSNI is allowed to carry out its investigation and that anyone with any relevant information should bring it to the PSNI.
The position with regard to this jurisdiction in relation to the Provisional IRA has been made clear in statements issued by me and by the Garda Commissioner at the end of August and it is consistent with the assessments of the Provisional IRA provided previously by the Independent Monitoring Commission.
In the light of developments in Northern Ireland An Garda Síochána has been maintaining close liaison with the PSNI in respect of the investigation into the murder of Mr. McGuigan and I asked the Garda Commissioner, in light of any new evidence emerging from that investigation, to let me have a fresh assessment of the status of the Provisional IRA. On consideration of any such assessment I will decide what information might appropriately be put into the public domain.
In addition, the Deputy will be aware that in the context of the current discussions between the parties in Northern Ireland and the Irish and British Governments, the British Government has arranged for an assessment to be made of paramilitary activity in Northern Ireland.
