Written Answers Nos. 546-563
546. Deputy Noel Grealish asked the Minister for Justice and Equality the number of persons who re-offended while released on bail for other alleged crimes over the past five years; the types of crime allegedly committed while on bail; and if she will make a statement on the matter. [37508/15]
View answerAs the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.
In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.
547. Deputy Noel Grealish asked the Minister for Justice and Equality the number of gardaí, by rank, who retired in each of the past five years; and if she will make a statement on the matter. [37509/15]
View answerI have been informed by the Garda Commissioner that for each of the past five years and to 31 October 2015, the latest date for which figures are readily available, the number of Gardai across all ranks who have departed from An Garda Síochána owing to voluntary retirement, compulsory retirement, cost neutral early retirement, medical discharge, resignation, or dismissal is as set out in the table below.
Departures from An Garda Síochána 2010-2015
|
Year |
Comm |
Deputy Comm |
Assistant Comm |
Chief Super |
Super |
Inspector |
Sgt |
Garda |
Total |
|
*2015 |
0 |
0 |
1 |
3 |
9 |
11 |
63 |
173 |
260 |
|
2014 |
1 |
0 |
0 |
4 |
8 |
15 |
83 |
180 |
291 |
|
2013 |
0 |
1 |
1 |
2 |
16 |
13 |
91 |
211 |
335 |
|
2012 |
0 |
0 |
1 |
5 |
19 |
24 |
119 |
294 |
462 |
|
2011 |
0 |
0 |
3 |
8 |
23 |
19 |
109 |
318 |
480 |
|
2010 |
1 |
0 |
2 |
3 |
14 |
8 |
100 |
279 |
407 |
*as of 31 October 2015
548. Deputy Thomas P. Broughan asked the Minister for Justice and Equality with regard to 2013, 2014 and from 1 January 2015 to 31 October 2015, by District Court, the number of speeding offences committed; the number of defendants who did not produce their licence in court and who had their cases adjourned until such time as their licence was produced; the outcome of these cases; the number of defendants who did not produce their licence in court and who now have prosecutions against them for failing to produce their licence in court; when these prosecutions are due to come before the court; and if she will make a statement on the matter. [37443/15]
View answerI am informed by the Garda authorities and the Courts Service respectively that the statistics requested by the Deputy are currently being collated and I will contact the Deputy directly as soon as they are to hand.
549. Deputy Brendan Griffin asked the Minister for Justice and Equality the number of reported regional trial courts at a location (details supplied) in County Kerry over the past ten years; and if she will make a statement on the matter. [37517/15]
View answerThe Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of venues for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the Court venues at which court sittings are held in County Kerry are Tralee, Killarney, Listowel, Killorglin, Daingean Uí Chúis, Cahirciveen and Kenmare. The Courts Service is not aware of any court sitting at the location referred to by the Deputy.
550. Deputy Ciara Conway asked the Minister for Justice and Equality the investment in Garda Síochána stations and facilities for An Garda Síochána, by county and in each of the past five years in tabular form; the planned future investment; and if she will make a statement on the matter. [37529/15]
View answerIn terms of planned future investment, I recently announced the Garda Building and Refurbishment Programme 2016-2021 with the Minister of State at the Office of Public Works (OPW). The Programme provides for over €60 million in direct Exchequer funding as part of the Government’s Capital Plan 2016-2021 and a public private partnership. The direct Exchequer funding includes €18 million provided in the Garda vote under the Capital Plan which is additional to the funding allocated to the OPW vote. The Programme was developed by An Garda Síochána and the OPW having regard to the strategic priorities of An Garda Síochána and includes:
- The development of new stations through a public private partnership project
- Major refurbishment of stations/facilities including facilities for meeting victims of crime
- Essential remedial works to existing stations
- Development of large scale property and exhibit management stores (PEMS)
- Upgrade to cells and provision of improved custody management facilities
The Programme includes 34 projects at 30 locations plus some 15 cell improvement projects. These projects are in addition to the three major projects under way at a cost of €100 million to provide Divisional or Regional HQs in Galway, Kevin Street and Wexford Town.
In relation to the Deputy's request for a tabular breakdown by year, and by county, of investment in Garda stations and facilities for An Garda Síochána for each of the past five years, I have asked the Garda authorities for the information requested and will revert to the Deputy as soon as I have this information to hand.
551. Deputy James Bannon asked the Minister for Justice and Equality if she will address a matter in respect of a person (details supplied) in County Westmeath pertaining to the Property Registration Authority; and if she will make a statement on the matter. [37543/15]
View answerI can inform the Deputy that under the Registration of Deeds and Title Act 2006, the Property Registration Authority (PRA) was established as and from 4 November 2006. The PRA replaces the Registrar of Deeds and Titles as the registering authority in relation to property registration in Ireland and, subject to the above Act, is independent in the performance of its functions.
The Deputy will be aware of the service to T.D.s and Senators which provides information on the current status of applications, such as the subject of this question, which was introduced in May 2006. The service provides a speedier, more efficient and more cost effective alternative to submitting Parliamentary Questions. It is operated by the PRA and is available all year round.
I can further inform the Deputy that his query has been forwarded to the PRA for attention and direct reply via the above mentioned service.
552. Deputy Willie Penrose asked the Minister for Justice and Equality her plans to fully implement the provisions of the Charities Act 2009, and in particular to bring forward appropriate regulations in respect of charitable fundraising activities; if she will liaise with the Charities Regulatory Authority in this regard; and if she will make a statement on the matter. [37546/15]
View answerAs I indicated on the establishment of the Charities Regulatory Authority, it has a wide range of functions under the Charities Act 2009, which are being introduced on a phased basis, beginning with the compilation of the statutory Register of Charities. I am informed that the initial priority of the Authority has been on the development of the Register. Some 8,500 CHY charities with tax exemption status were registered automatically on the Register of Charities on the establishment of the Authority. Any charity established before 16 October 2014 and not automatically registered must apply directly to the Authority for inclusion on the Register by 16 April 2016.
The Authority has undertaken a variety of work since its establishment on 16 October 2014 including establishment of the Register of Charities and a fully online system for registration and annual reporting by charities; communication with the 8,500 CHY charities with tax exemption status regarding the additional information and legal documentation required to support their registered status; development of an online system for organisations to apply for inclusion on the Register of Charities; provision of information to the charities sector on their obligations and duties under the new regulatory regime; and the continuation of services hitherto provided by the Commissioners for Charitable Donations and Bequests for Ireland.
The range of services to be provided by the Authority is being developed on an ongoing basis. These services include the development of an annual reporting framework for registered charities, the development of a monitoring and compliance programme and the development of the investigative role of the Authority under Part 4 of the Act which has not yet been commenced. The Register, when more advanced, will underpin the investigative and other regulatory work of the Authority.
I am committed to ensuring that the Authority has the necessary resources available to enable it to fulfil its statutory mandate. Significant additional resources - a budget allocation for 2016 of €2.665 million which represents an 88% increase over 2015 - are being made available to the CRA. This includes additional funding of €1.25 million which will enable an expansion in the level of staffing and other resources available to the CRA in 2016.
Specifically on the issue of the regulation of charitable fundraising activities, I recently requested that the Authority consider the establishment of a Consultative Panel in accordance with its powers under the provisions of Section 36 of the Charities Act 2009, to examine the issue of charitable fundraising and the possible need for regulation of such fundraising in the future and I understand that the Authority intends to advance this matter. It is my intention that the outcome of the deliberations of the Consultative Panel would inform the development in due course of Regulations in relation to charitable fundraising in accordance with the provisions of the Charities Act 2009.
553. Deputy James Bannon asked the Minister for Justice and Equality her plans to provide funding for a closed circuit television network on the N4 route between Mullingar and Longford, including at junctions off this roadway, in light of the increased crime taking place in rural areas; and if she will make a statement on the matter. [37550/15]
View answerI am very conscious of the value that communities, especially rural communities, place on CCTV. With this in mind, I have instigated a review of the effectiveness of the Community CCTV Scheme in conjunction with the Garda authorities. The outcome of that review will inform future decisions on the continuation of the Scheme.
The Deputy may also be aware that my colleague, the Minister for Environment, Community and Local Government, has recently made an announcement in relation the provision of CCTV in rural areas, which is to be funded from the Rural Development Programme 2014-2020.
CCTV schemes certainly have a part to play in the detection and prevention of criminal activity, but of paramount importance is a visible and responsive policing service. There is no doubt that this Government is determined to ensure that An Garda Síochána has the resources to deliver highly-mobile and responsive Garda patrols in both rural and urban communities. This Government has invested over €34 million in new Garda vehicles since 2012 with over 640 new vehicles coming on stream in 2015, ranging from more Garda patrol cars to high-powered vehicles for armed units. This will ensure Gardaí can be mobile, visible and responsive, on the roads and in the community. 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.
Operation Thor, a new multi-strand national anti-crime and anti-burglary operation which was launched yesterday by the Garda Commissioner will make full use of this continuing investment. Operation Thor, which has been in planning for several months, builds on previous and current Garda operations and entails a broad range of activities to tackle crime, particularly burglaries in both urban and rural communities nationwide and criminal gangs using the national road network. A further allocation of in excess of €5 million has been committed to Operation Thor. This allocation, which includes funding for Garda overtime will support a combination of additional patrols, checkpoints, rapid armed response and public awareness measures.
This substantial level of investment will be accompanied by the ongoing recruitment of new Garda with 600 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 the activities of burglars and prolific offenders, and improve the safety for all communities across the country.
554. Deputy Tony McLoughlin asked the Minister for Justice and Equality the increase in the number of gardaí and Garda Síochána vehicles in the Sligo-Leitrim division in 2014 and 2015; the percentage rate of the decrease or increase in the rates of crime in counties Sligo and Leitrim in 2014 and 2015; and if she will make a statement on the matter. [37563/15]
View answerAs 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 the Garda strength of the Sligo/Leitrim Division on the 31 December 2014 and as of the 30 September 2015, the latest date for which figures are readily available was 296 and 295, respectively.
I have been further informed that the number of new Garda vehicles provided to Sligo/Leitrim Division in 2014 and in 2015 was 13 and 11, respectively.
As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics.
In relation to the matters referred to, I have requested the CSO to provide the available statistics directly to the Deputy.
555. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of new patrol cars that were made available to members of An Garda Síochána undertaking policing in the Cork north and west divisions of An Garda Síochána in each of the years from 2011 to 2014; and in 2015 to date; the current number of patrol cars attached to each of the relevant Garda Síochána stations; and the number attached to each on 1 January 2011. [37576/15]
View answerDecisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources. In that context, I am informed by the Garda authorities that the information requested by the Deputy in relation to the number of vehicles is as shown in the following tables:
CORK WEST - FLEET STRENGTH (CARS) 2011-2015
|
DISTRICT |
2011 |
2012 |
2013 |
2014 |
2015 |
|
BANDON |
16 |
12 |
13 |
13 |
14 |
|
BANTRY |
6 |
6 |
5 |
5 |
5 |
|
CLONAKILTY |
5 |
4 |
5 |
5 |
6 |
|
MACROOM |
9 |
9 |
8 |
8 |
13 |
CORK NORTH - FLEET STRENGTH (CARS) 2011-2015
|
DISTRICT |
2011 |
2012 |
2013 |
2014 |
2015 |
|
FERMOY |
9 |
6 |
6 |
7 |
9 |
|
MALLOW |
8 |
9 |
8 |
9 |
12 |
|
MIDLETON |
12 |
8 |
12 |
10 |
12 |
CORK WEST - NEW CARS ISSUED 2011-2015
|
DISTRICT |
2011 |
2012 |
2013 |
2014 |
2015 |
|
BANDON |
4 |
0 |
2 |
2 |
3 |
|
BANTRY |
1 |
0 |
2 |
2 |
2 |
|
CLONAKILTY |
0 |
1 |
1 |
2 |
2 |
|
MACROOM |
2 |
0 |
2 |
3 |
3 |
CORK NORTH - NEW CARS ISSUED 2011-2015
|
DISTRICT |
2011 |
2012 |
2013 |
2014 |
2015 |
|
FERMOY |
1 |
1 |
2 |
4 |
4 |
|
MALLOW |
1 |
2 |
1 |
3 |
4 |
|
MIDLETON |
2 |
0 |
2 |
6 |
7 |
556. Deputy Mattie McGrath asked the Minister for Justice and Equality the amount of funding that has been allocated for the construction of a new Garda Síochána station on the Kickham Barracks site in Clonmel in County Tipperary; the current stage of the tendering process; the completion date; and if she will make a statement on the matter. [37589/15]
View answerThe Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works includes the development of a new District Headquarters Garda Station at Clonmel among the more than 30 locations around the country that will benefit under the Programme. While the majority of the projects will be financed through direct Exchequer funding of in excess of €60 million over the lifetime of the Programme, the Clonmel project is among a number of projects which are to be financed by way of a public private partnership (PPP). Other projects that will be financed by means of the PPP include new stations in Macroom and Sligo.
The development of these projects under PPP involves collaboration between my Department, An Garda Síochána, the Office of Public Works and the National Development Finance Agency (NDFA). In general the timescale for completion is dependent on the market’s response but projects of this type generally take in the region of three to four years to complete. Initial discussions have taken place between the stakeholders in relation to preliminary matters such as the governance arrangements that will need to be put in place. Once such matters have been finalised detailed discussions will be held between the stakeholders with a view to developing the necessary procurement documentation to allow the NDFA to invite proposals for the construction of the Garda projects included in the PPP.
558. Deputy Thomas Pringle asked the Minister for Justice and Equality when the Spent Convictions Bill will proceed in Dáil Éireann; if Report Stage will have been taken by the end of the current Dáil term; and if she will make a statement on the matter. [37628/15]
View answer560. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when the Spent Convictions Bill will come before Dáil Éireann for completion and enactment. [37630/15]
View answer561. Deputy Thomas Pringle asked the Minister for Justice and Equality when the Spent Convictions Bill will proceed in Dáil Éireann; if Report Stage will have been taken by the end of the current Dáil term; and if she will make a statement on the matter. [37632/15]
View answer571. Deputy Niall Collins asked the Minister for Justice and Equality the reason for the delay in concluding the Spent Convictions Bill; when it is likely to resume; and if she will make a statement on the matter. [37806/15]
View answerI propose to take Questions Nos. 558, 560, 561 and 571 together.
Before the Spent Convictions Bill could be enacted, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. This judgement in the UK Courts found that the policy of disclosure of all criminal convictions under the UK’s equivalent legislation was contrary to Article 8 of the European Convention of Human rights. The UK Courts found that there must be some assessment of the relevance and proportionality of offences, in particular old, minor offences.
A review of the provisions of the Vetting Act has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill have been drafted. I intend to bring the amendments to the Bill before the Oireachtas in the next month or so, with a view to then commencing the Act.
Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions which I consider likely to be contained in the amended Act.
A copy of this Administrative Filter is below.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences :
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences :
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences - 1 Only :
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
559. Deputy Michael Lowry asked the Minister for Justice and Equality if she will provide funding to facilitate renovation works required to a residential house which is attached to the Garda Síochána station on Carrick Street in Mullinahone in County Tipperary; if this funding will be included as part of the new stations and refurbishments investment programme of more than €60 million between 2016 and 2021, which was jointly announced by her Department and the Office of Public Works; if she will give serious consideration to having these works completed in order that the residence can be allocated to serving members of An Garda Síochána; and if she will make a statement on the matter. [37629/15]
View answerThe Garda Station Building and Refurbishment Programme 2016-2021 which I announced recently with my colleague the Minister of State at the Office of Public Works is based on agreed priorities which are established by An Garda Síochána. Over thirty locations around the country will benefit from the Programme which includes major refurbishment of stations/facilities including facilities for meeting victims of crime; essential remedial works to existing stations; development of large scale property and exhibit management stores and the upgrade of cells and provision of improved custody management facilities. The Programme will be delivered by the Garda Authorities in cooperation with the Office of Public Works (OPW) which has responsibility for capital expenditure in this area. In this context, I am advised by An Garda Síochána that there are currently no plans to refurbish the official accommodation at Mullinahone Garda Station. This matter will be kept under review and considered in the event of additional funding becoming available for investment.
562. Deputy Michael Healy-Rae asked the Minister for Justice and Equality the number of additional gardaí provided in County Kerry in 2013, 2014 and from 1 January 2015 to 30 June 2015; and if she will make a statement on the matter. [37652/15]
View answerAs 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 five intakes of Garda Trainees to the Garda College, giving a total intake of 475. It is planned that a further 75 recruits will enter college by the end of November, 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. In 2015, ten new Probationer Gardaí were allocated to the Kerry Division.
I am assured by Garda management that the needs of all Garda Divisions including the Kerry Division are fully considered when determining the allocation of newly attested Gardaí.
The increased budget allocation for An Garda Síochána in 2016 which I recently announced, provides for the recruitment of 600 new Gardaí in addition to the 550 that will be recruited by year end. This will bring the total number of trainee Gardaí recruited to 1,150 by the end of 2016. 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.
563. Deputy Mary Lou McDonald asked the Minister for Justice and Equality the consultation she had with Mr. Justice Quirke concerning statements in his report (details supplied) regarding reserves for Magdalen women. [37674/15]
View answerThe Report of the Inter-Departmental Committee to establish the facts of State involvement with the Magdalen Laundries - otherwise known as the McAleese Report - submitted its report to Government in February 2013. Mr Justice Quirke was then asked by Government to make recommendations on an ex gratia scheme for the benefit of those women who were admitted to and worked in the Magdalen Laundries.
Mr Justice Quirke completed his work and submitted his report to Government in May 2013. Based on this report, on 25 June 2013 the Government approved the implementation of a scheme involving cash lump sum payments to the women concerned based on the duration of their stay in the Laundries. The Government also tasked an Inter-Departmental Group with devising the most practical and expeditious methods of implementing the other recommendations made by Mr Justice Quirke and this group reported back to Government in October 2013.
Mr Justice Quirke's report was accepted by the Government and the recommendations contained therein are being implemented. The Report speaks for itself and it was not necessary to consult with Mr Justice Quirke on any of the statements made in his comprehensive report.
Legislation which I brought forward to facilitate implementation of the recommendation in Mr. Justice Quirke's report regarding access to enhanced medical services - i.e. the Redress for Women Resident in Certain Institutions Act 2015 - was fully debated in both houses of the Oireachtas. Those medical services to the women concerned are provided in section 2 of the Act and are precisely those recommended by Mr Justice Quirke on page 35 of his Report. Provision of those services is a matter for the Department of Health and the HSE.
