Written Answers Nos. 30-36
30. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if it is acceptable that in the panel of a barrister's review of the case of a person (details supplied), the person was not interviewed; and if she will make a statement on the matter. [3039/16]
View answerThe particular case to which the Deputies refer was 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, 307 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. The outcome of the review in this complainant's case issued last month.
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. The role of the panel has been to consider, based on a review of the papers in each complaint, the steps taken to resolve the complaints to date and what further action might be appropriate in the future rather than to actually resolve the complaints themselves. In these circumstances meetings with the complainants or full hearings of their complaints were not within the scope of the Review itself.
I wish 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 recommendations 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 appointed 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. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.
31. Deputy Mick Wallace asked the Minister for Justice and Equality the recommendations of the independent review mechanism into historic cases of malpractice by An Garda Síochána, with particular reference to the number of cases where follow-on action was proposed; and if she will make a statement on the matter. [3025/16]
View answerThe mechanism referred to by the Deputy is that 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, 307 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. Where cases have resulted in recommendations for further action, I have accepted those recommendations. These include 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, establishment of an inquiry under section 42(1) of the Garda Síochána Act 2005, establishment of a non-statutory inquiry and appointment of a Legal Assessor. Where an inquiry is to be set up, I will consult the Attorney General about all the matters that need to be taken into account.
I should also point out, in cases where no further action by me has been recommended, that wherever it has been possible, counsel has highlighted informal actions that I can take to be of any assistance to the complainants. I have also arranged to have these carried out.
As I’ve 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.
32. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she continues, through An Garda Síochána, to combat gun crime, drug gangs, the intimidation of witnesses, people trafficking and other criminal activities; if she will provide the necessary resources to An Garda Síochána; and if she will make a statement on the matter. [3017/16]
View answerI can assure the Deputy that An Garda Síochána continue to confront and oppose all forms of crime, including those referred to. Crime trends are monitored by Garda management on an ongoing basis and the necessary crime prevention and investigation resources are allocated accordingly.
The Government is investing heavily in those policing resources. In particular, 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. In addition, the Government has ended the moratorium on Garda recruitment and Budget 2016 made provision for the recruitment of 600 new Gardaí this year bringing to 1,150 the number of new Gardaí who will have been recruited since the reopening of the Garda College in Templemore in September 2014.
It is unfortunately the case that gun crime has for some time been an inherent part of organised criminal activity in Ireland, as it is in other similar jurisdictions. Gardaí continue to tackle this type of crime through a range of targeted and intelligence based operations, often disrupting and preventing incidents, as well as detecting and prosecuting those involved. Heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences.
A series of strong legislative measures are also in place to underpin the State’s response to organised crime and these are being fully utilised by the Gardaí. Ultimately, the only effective way to combat organised crime is by disrupting and prosecuting those involved in its operations, and especially the drugs trade which is at the heart of much of its profits. Therefore substantial efforts by An Garda Síochána and Customs are devoted to damaging this activity, and to bringing those involved before the Courts. In this regard any attempts to intimidate witnesses are taken extremely seriously and are fully investigated by An Garda Síochána, with prosecutions being pursued where appropriate.
The considerable powers already available to Gardaí to tackle serious crime have been supplemented further by the establishment last year of a DNA Database which has the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating a whole range serious offences.
In addition to these enforcement measures, An Garda Síochána also engage extensively with communities in a range of fora to address local concerns relating to crime and community safety, including the impact that organised crime can have at a community level.
In relation to human trafficking, there are strong legislative, administrative and operational measures in place in Ireland to combat and prevent trafficking in human beings. The Criminal Law (Human Trafficking) Act 2008, with penalties of up to life imprisonment for human trafficking, greatly strengthened the law in this area and this legislation was further bolstered in 2013 with other forms of exploitation, including forced begging and forced criminal activities, being addressed in law.
A dedicated Anti-Human Trafficking Unit was established in the Department of Justice and Equality with the purpose of ensuring that the State's response to human trafficking is coordinated and comprehensive. A new National Action Plan to Prevent and Combat Human Trafficking in Ireland is currently being finalised. For a number of years An Garda Síochána, in its Annual Policing Plan, has identified trafficking in human beings as one of its priorities with an increased focus given to prevention and detection of human trafficking. Specific detailed training is provided to Gardai with over 900 participants in the in-depth training course developed jointly by An Garda Síochána and the International Organisation for Migration (IOM), and which also incudes participants from the PSNI.
In conclusion, I can assure the Deputy that all crime trends continue to be monitored and I remain in close contact with the Commissioner to ensure that we do all we can in terms of keeping legislation under review and providing the necessary policing resources to confront crime in all its forms and make our communities safer.
33. Deputy Jack Wall asked the Tánaiste and Minister for Social Protection her views on a submission (details supplied); if she will reply to the requests in tabular form; and if she will make a statement on the matter. [3293/16]
View answerThere have been no cases made against my Department or bodies reporting to my Department by civil servants who objected on age grounds to being retired when they reached age 65.
34. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Social Protection the status of an application by a person (details supplied) in County Cork under the carer's allowance scheme; and if she will make a statement on the matter. [3304/16]
View answerI confirm that the department received an application for carer’s allowance from the person concerned on 17 November 2015. The application is currently being processed and once completed, the person concerned will be notified directly of the outcome.
35. Deputy Robert Troy asked the Tánaiste and Minister for Social Protection if she will ensure that a person (details supplied) in County Westmeath, who has been on a transfer list for over 12 years, is offered a transfer. [3316/16]
View answerIn accordance with protocols agreed between the Civil, Public and Services Union (CPSU) and the Department of Public Expenditure and Reform, the names of Clerical Officers applying for a transfer to an alternative location are entered on the relevant transfer list in the order in which they are received and the Department has no discretion to deviate from the order of the transfer lists.
The person concerned was offered a transfer to my Department’s Mullingar office in May 2010 but declined the offer. The staff member’s name was removed from the transfer list, as is the agreed procedure. The staff member subsequently re-applied for inclusion on the transfer list in September 2010 and is currently no. 112 on the Mullingar transfer list. Should a vacancy fall to be filled by way of transfer, those ahead on the list, all of whom will have their own particular set of circumstances, would have to be considered before the staff member.
36. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Social Protection the guidelines used by deciding officers and appeals officers when deciding claims and appeals, under the illness benefit scheme in general, and specifically. [3322/16]
View answerThe illness benefit scheme is based on legislative and medical requirements.
The operational guidelines in respect of the scheme are available in full on my Department’s website at www.welfare.ie.
Appeals Officers are statutorily appointed by the Minister for Social Protection to act as independent administrative tribunals and are required to exercise their functions in a quasi-judicial manner. In determining an appeal an Appeals Officer does not have recourse to guidelines but rather considers an appellant’s entitlement in accordance with the governing legislation.
An Appeals Officer must decide, taking account of all of the evidence presented, including medical evidence, on the impact of a person’s illness/disability, on his/her capability for work; on whether a person is substantially restricted within the meaning of the Social Welfare Acts from taking up full time employment.
