Written Answers Nos. 323-335
323. Deputy Brendan Smith asked the Minister for Justice and Equality the expenditure allocated to support Ireland's commitment to accept up to 4,000 persons under the European Union resettlement and relocation programmes; and if she will make a statement on the matter. [45769/15]
View answerThe Deputy will be aware that the Government took a decision to establish the Irish Refugee Protection Programme (IRPP) on 10 September 2015 as a direct response to the EU migrant crisis. Ireland has agreed to accept approximately 4,000 persons in total under resettlement and relocation programmes. The figure of 4,000 includes approximately 2,600 persons to be taken in from migration hotspots in Italy and Greece under the new EU programme and 520 programme refugees from camps in Lebanon and Jordan, which the Irish Government has committed to taking in by the end of 2016 under Ireland's Refugee Resettlement programme. The balance of the 4,000 will be taken in on a gradual basis up to the end of 2017.
Among the measures agreed under the programme was the establishment of a Network of Emergency Reception and Orientation Centres (EROCs) which will be used to provide emergency accommodation and meet the basic needs of the 4,000 people who are expected to arrive over the next two years. Also among the measures announced was the establishment of a cross-Departmental Taskforce, chaired by my Department, to coordinate and implement the logistical and operational aspects associated with the IRPP. This will include the delivery of emergency accommodation and orientation services in the first instance and facilitating the longer term integration needs of those with refugee status through the provision of a sustainable housing strategy, health services, education, social welfare, and social inclusion activities.
In terms of expenditure a number of financial measures have been put in place. As part of the original decision establishing the IRPP the Government announced a package of €6 million in the short term to help establish the necessary structures required to implement the programme. I have also secured €25 million under the 2016 estimates process to meet the costs associated with delivering the Programme, including the establishment of Emergency Reception and Orientation Centres, the provision of orientation and integration services and the provision of additional staff to work in the key bottleneck areas to target backlogs and speed up processing. The budget of the Office for the Promotion of Migrant Integration will also be increased next year by 89% to a total of €4.445 million to allow for additional staffing and integration measures required to support the increased intake of programme refugees in 2016.
Finally, the Government has also acknowledged that there may be further costs associated with the delivery of mainstream services through Departments and State agencies such as the Department of Education and Skills, the Department of Social Protection, the Department of Children and Youth Affairs, HSE, Tusla, etc. Any such costs will feed into an overall assessment which will form the basis of further discussions with the Department of Public Expenditure and Reform.
324. Deputy Róisín Shortall asked the Minister for Justice and Equality her views on the monopoly that the King's Inns has on the training and accreditation of barristers and her plans to open this up to competition. [45774/15]
View answer334. Deputy Brendan Griffin asked the Minister for Justice and Equality the reasons for not providing for direct access for clients to barristers in the Legal Services Regulation Bill; and if she will make a statement on the matter. [45889/15]
View answerI propose to take Questions Nos. 324 and 334 together.
The Legal Services Regulation Bill, which has this week fully completed its passage through the Houses of the Oireachtas, provides at Section 13(2)(a) that it shall be a function of the new Legal Services Regulatory Authority to keep under review, and to make recommendations to the Minister for Justice and Equality, in respect of the availability and quality of education and training for the solicitors’ and barristers’ professions. This will include the curricular arrangements for the provision of clinical legal education and the methods by which, and the persons by whom, such education and training is provided. I have also ensured that the Bill includes, at Section 34(1), for a public consultation specifically in relation to this matter. The Authority's report to the Minister of that consultation must be provided within two years of the Authority's establishment. It will contain a review of the existing arrangements and will make such recommendations as it considers appropriate in relation to any necessary reforms. The outcome of these deliberations, as expressly enabled under the Bill, will inform policy in relation to legal professional education and in relation to how it may impact on access to the legal professions.
In relation to the Bill's provisions on access to barristers, the Bill does in fact provide for direct access by clients to barristers in relation to non-contentious business under Section 101. This is an important first step in ensuring that consumers who wish to directly access legal opinion do not necessarily have to do so through a solicitor intermediary. At the same time, the Bill provides that direct access to barristers may in the future also be provided in relation to contentious matters, that is to say contested or disputed matters such as those coming before a court or tribunal. This will be subject to the public consultation process set out in Section 120(1) of the Bill alongside the related consultation on the question of barristers holding clients' monies. The results of these consultations, scheduled within 12 months of the establishment of the Authority, will inform the necessary next steps to be taken. In this way the Bill provides a framework within which a degree of direct access to barristers can immediately be enjoyed by prospective clients for non-contentious business. At the same time, the Bill also seeks to ensure, for the future, that any necessary protections of the interests and monies of clients which may arise in the conduct of contentious business by a barrister on the basis of direct access by a client can be put in place.
325. Deputy Róisín Shortall asked the Minister for Justice and Equality her views on the recommendations of the Denham report on judicial appointments and her plans to end the political appointment of judges. [45776/15]
View answerI can inform the Deputy that my Department is currently conducting a wide-ranging review of all matters concerned with the system of judicial appointments. Careful and comprehensive research and consultation are required to develop and reform this very important area of the administration of justice. This is particularly so, given the complexity and extent of existing legislative provisions and the very wide range of issues that are for consideration across many aspects of the appointments process including the appropriate qualifications and eligibility criteria.
A consultations process relating to the system of judicial appointments was conducted in early 2014 with the intention of instituting reforms to enhance the current system. It was considered that, while the Judicial Appointments Advisory Board process was a model of best practice in its day, almost 20 years from its establishment it was worthwhile to review the operation of the entire judicial appointments system to ensure it reflects current best practice.
There was a significant response to the call for submissions which included a submission by the Judicial Appointments Review Committee which is chaired by the Chief Justice.
Arising from the consultations process, draft legislative provisions to reform and update judicial appointment procedures are being prepared by my Department and I anticipate that these will be brought forward early in 2016.
326. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of gardaí per each Garda Síochána district in each of the past five years, including the number of community gardaí in each case. [45777/15]
View answerThe Garda Commissioner is responsible for the distribution of personnel, including community Gardaí, among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
The information sought is being compiled in the format requested and will be sent to the Deputy directly.
327. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of political staff working in her Department, including the role and salary of each staff member. [45790/15]
View answerThe information requested by the Deputy is set out hereunder.
Special Advisor to Minister, 2, salary scale €75,647 - €92,550
Personal Assistants of Minister and Minister of State, 2, salary scale €43,715 - €56,060
Personal Secretaries of Minister and Minister of State, 3*, salary scale €23,820 - €47,775
(* Cover in respect of sick leave absence.)
328. Deputy Seán Ó Fearghaíl asked the Minister for Justice and Equality the number of Bills her Department has published since 9 March 2011; the number and Title of those Bills that included a regulatory impact assessment in advance of publication; the regulatory impact assessments published; the number of promised Bills for publication; the Bills that will include a regulatory impact assessment; the regulatory impact assessments that will be published before publication of the relevant Bill; and if she will make a statement on the matter. [45812/15]
View answerI wish to advise the Deputy that my Department is unable to provide the requested information in the time allowed. As soon as these details become available, they will be forwarded to the Deputy directly.
329. Deputy Micheál Martin asked the Minister for Justice and Equality if she has received correspondence (details supplied) in relation to the independent review panel, her views on same; and if she will make a statement on the matter. [45853/15]
View answerThe particular case to which the Deputy refers is amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two senior and five junior counsel was established for that purpose.
The Panel has provided recommendations to me in all 320 cases submitted to them and has therefore largely concluded its work. The issuing of notification letters to complainants commenced on 29 June. To date, 306 complainants have been notified of the outcome of the review of their cases. Letters will continue to issue to all complainants, until the process is completed which I expect will be very shortly as we are nearing the end of the process.
I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. I know that some Deputies have argued that the review should have involved interviews with the complainants and other relevant persons, but with respect I think that is to misunderstand this process. To have required counsel to hold hearings where they would interview everyone concerned would in effect have been to hold full-scale investigations into over 300 cases, without having made any attempt to see if this was necessary or practical.
I wish also to stress the independence of this process. The cases have all been considered by independent barristers, members of the Panel constituted to conduct this review. Following their reviews of the papers in each complaint, counsel made recommendation to me, as to whether or not further action should be carried out by me, and if so the nature of that action. I also decided to appoint a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of letters notifying individuals as to the outcome of the review in their particular cases. I was concerned that these letters should not only set out the recommendation of counsel, but also outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. I made this appointment in order to provide complete reassurance on the probity and independence of this entire process, from start to finish.
I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case. One of the main reasons for this has been because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.
As I have stated before, I will make a comprehensive statement on all matters relating to the process once it is completed, including an overview of the outcomes of cases. I have also asked counsel to produce a general overview report on the issues and trends which featured in this process.
330. Deputy Brendan Griffin asked the Minister for Justice and Equality the total number of Garda Síochána employed; how this compares with previous levels; what she considers the ideal required number; and if she will make a statement on the matter. [45884/15]
View answerI am informed by the Garda Commissioner that as of the 31 October 2015, the latest date for which figures are readily available there were 12,866 members of An Garda Síochána. There were also some 988 Garda Reserve members and over 2,000 civilians on the same date. As the Deputy will note the current number of members is similar to the number in 2006 as set out in the following table.
The optimal number of members of An Garda Síochána is a factor of a number of different considerations, including population size and composition, geography, crime trends, the level of civilianisation, etc. Having said that, the Government is committed to on-going seamless recruitment into the future and as the Deputy will be aware, provision has been made in Budget 2016 for the recruitment of 600 new Gardaí next year bringing to 1,150 the number of new Gardaí that will be recruited since the reopening of the Garda College in Templemore in September 2014. So far 295 of those new recruits are fully attested and are on the ground in communities nationwide. It is expected that a further 395 will attest by the end of 2016 which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark. I expect recruitment to continue at or around the current levels for the next number of years having regard to factors such as the level of retirements in any one year. I have also discussed with the Garda commissioner the desirability of a fresh recruitment drive for reserve members in the New Year.
Strength of the Force since 2006
|
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
2015* |
|
12,954 |
13,755 |
14,412 |
14,549 |
14,377 |
13,894 |
13,424 |
13,093 |
12,799 |
12,866 |
(*October 2015 Garda numbers)
331. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on the report of the Garda Síochána Inspectorate that a significant number of administrative staff in Garda Síochána headquarters could be freed up for front-line duties; and if she will make a statement on the matter. [45885/15]
View answerThe Report of the Garda Síochána Inspectorate "Changing Policing in Ireland - Delivering a Visible, Accessible and Responsive Service", which I published on 9 December, examines the operation and administration of An Garda Síochána and is one part of a review of An Garda Síochána required to be undertaken under the Haddington Road Agreement. The other part, which relates to the pay and conditions of members and appropriate industrial relations mechanisms, is ongoing under the stewardship of Mr Ray McGee, formerly of the Labour Relations Commission.
The report makes some 80 recommendations in relation to the structures of An Garda Síochána, its deployment practices, culture, human resources practices and financial management. Some of the recommendations are far-reaching and, if implemented, would involve a fundamental restructuring of An Garda Síochána across the country. It is, therefore, important that the full implications of the recommendations, and the analysis underpinning them, are considered in detail before any decisions are taken. With these considerations in mind, I have put in place a process to seek the views of the Garda Commissioner and other bodies to whom recommendations are directed and have requested them to respond within a reasonably short period of time, having regard to the size and scope of the report.
In relation to the particular matter raised by the Deputy, the report does suggest that there are a significant number of technical or administrative posts occupied by Gardaí that do not appear to require sworn powers, and that may provide good opportunities to increase the use of skilled civilians and release members for front-line roles. As recognised by the Inspectorate, however, achieving the optimum composition of the Garda workforce as between highly trained Gardaí and professional, skilled civilian staff and redeploying Garda members to front-line duties is a medium term project requiring very detailed analysis of the specific roles in An Garda Síochána in order to determine if they require Garda powers and if not, the mix of skills required by a civilian to fill the post instead. It is not the case that members can simply be redeployed overnight – it must be done in planned way with suitably qualified civilians recruited to replace them. In addition, there may be medical reasons arising from injuries received while serving on the front-line or other health reasons that might prevent a member being deployed to the front-line.
In saying that, I am keen that this work should progress as quickly as possible and my Department will continue to work with the Garda Commissioner and the Department of Public Expenditure and Reform in order to make progress in this area. As an example of what can be achieved, I would draw the Deputy's attention to the process which is currently ongoing to civilianise border control functions at Dublin airport and the transfer of these responsibilities from An Garda Síochána to the Irish Naturalisation and Immigration Service of my Department.
332. Deputy Brendan Griffin asked the Minister for Justice and Equality if the Garda Síochána Reserve can play a greater role in the provision of non-front-line support and administrative work for An Garda Síochána; and if she will make a statement on the matter. [45886/15]
View answerThe Deputy will appreciate the Garda Commissioner is responsible for the distribution of personnel, including the Garda Reserve, 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 there are currently 978 Reserve members.
The Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. Reserve members make a real and tangible contribution to the policing of communities right across the country and I am fully supportive of the continued development of the Reserve. In particular, I welcome the recent conferring by the Commissioner of additional powers on reserve members under the Criminal Justice (Public Order) Act 1994 and also her decision that reserve members should carry out additional duties including the serving of summonses, and the issuing of Fixed Charged Penalty Notices where offences are detected.
The Report of the Garda Síochána Inspectorate "Changing Policing in Ireland - Delivering a visible, accessible and responsive service" which I published on 9 December makes a range of recommendations in relation to the effective use of human resources including reserve members, and recommends that An Garda Síochána develops a strategic plan for maximising the operational effectiveness and contribution of reserves. I have put in place a process to seek the views of the Garda Commissioner and other bodies to whom recommendations are directed and have requested them to respond within a reasonably short period of time, having regard to the size and scope of the report. Further work on optimising the use of the Reserve will be progressed in this context.
It is important, however, to recall that reserve members have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and are intended to serve on the front-line. Indeed I was very pleased that the recruitment campaign for 2016 for full-time members of the Service, which I announced recently, includes a special stream for eligible reserve members in order to ensure that due recognition is given to satisfactory service by such a member. The Public Appointments Service (PAS) is organising the recruitment competition on behalf of the Garda Commissioner and applications may be made through the PAS website at www.publicjobs.ie. The closing date for applications is Tuesday 5 January 2016. I would encourage all reserves who satisfy the eligibility criteria to apply.
333. Deputy Brendan Griffin asked the Minister for Justice and Equality if new legislation will be required to allow An Garda Síochána to place closed-circuit television cameras at strategic locations in rural areas, such as sole bridging points connecting large geographical areas or strategic crossroads; and if she will make a statement on the matter. [45887/15]
View answerSection 38 of the Garda Síochána Act 2005 governs the installation and operation of CCTV schemes in public areas. It provides that Garda Commissioner may authorise the installation and operation of CCTV for the sole or primary purpose of securing public order and safety in public places by facilitating the deterrence, prevention, detection and prosecution of offences. "Public place" is defined as a place to which the public have or are permitted access, whether as of right or by express or implied permission. I am not aware of any requirement for amending legislation to facilitate the activities to which the Deputy refers.
335. Deputy Michael McGrath asked the Minister for Justice and Equality when the system of e-conveyancing will be rolled out; if it will be available to all bank customers; and if she will make a statement on the matter. [45972/15]
View answerThe introduction of eConveyancing, or electronic conveyancing, would represent a change in conveyancing practice to a paperless, electronic, end to end, conveyancing process. Construction 2020, the Government's Strategy for a Renewed Construction Sector contains a specific Action in relation to eConveyancing. The Action provides that my Department in cooperation with the Property Registration Authority and other relevant Departments and stakeholders will conduct a review and report to Government on the steps necessary to deliver a system of eConveyancing in Ireland, including the resource implications and the timescales for delivery.
Preliminary research and discussions have taken place with key stakeholders to inform the review process. Pending the completion of the review, it is not possible to state with certainty a definitive timescale for the rollout of an econveyancing system.
