Written Answers Nos. 1-22
6. Deputy Michael McNamara asked the Minister for Justice and Equality if permission was granted for the telephone surveillance or phone tapping of any Member of the 31st Dáil Éireann during the lifetime of this Dáil Éireann; if so, of which Member or Members; and if she will make a statement on the matter. [3009/16]
View answerIt is not the practice and it would be contrary to the public interest to disclose details of any authorisations to intercept. The Deputy will understand that this practice of long standing, which has been followed by my predecessors, arises for sound security reasons. The Deputy will appreciate that I am maintaining this practice of my predecessors, but I can assure him and the House that I have never exercised the legal powers I have to interfere in any way with the work of Members of the Oireachtas.
The Deputy will be aware that the legislative basis for carrying out of covert surveillance measures is the Criminal Justice (Surveillance) Act 2009 while the interception of telecommunications is provided for in the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
As Minister for Justice and Equality I have no role whatsoever in the operation of the provisions of the Criminal Justice (Surveillance) Act 2009. Under the 2009 Act, authorisations for intrusive surveillance are granted by a judge of the District Court on application by a superior officer of An Garda Síochána, the Revenue Commissioners, the Defence Forces or the Garda Síochána Ombudsman Commission in the circumstances which are set out in the Act.
However, I would point out that the 2009 Act was part of a series of measures which were a response to a number of difficulties being experienced where the investigation of serious offences was concerned and where the entire justice system was under serious threat. At that time, An Garda Síochána required additional powers to investigate and prosecute organised criminal gangs and it was incumbent upon the legislature to introduce the additional powers set out in the Criminal Justice (Surveillance) Act 2009.
In relation to interception, the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 provides that an authorisation for interception may only be granted by Ministerial warrant on application from the Garda Commissioner, the Chief of Staff of the Defence Forces or the Chairperson of the Garda Síochána Ombudsman Commission and only for the purposes of the investigation of serious crime or protecting the security of the State as set out in the 1993 Act.
I should emphasise that the provisions of both Acts are subject to independent judicial oversight by Judges of the High Court, designated by the Government for that purpose. In each case, the Designated Judge has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the relevant legislation. In addition, each Designated Judge reports to the Taoiseach at least annually on the operation of the legislation. These reports are laid before the Houses of the Oireachtas.
Furthermore, both Acts provide for an independent complaints mechanism whereby an individual who believes that he or she has been subject to surveillance or whose communications have been intercepted may apply to the Complaints Referee, who is a Judge of the Circuit Court and who is appointed in accordance with the relevant Act, for an investigation into the matter.
8. Deputy Seán Kyne asked the Minister for Justice and Equality the progress of Operation Thor; if she has provided additional resources or sanction for the allocation of resources to facilitate it in fulfilling its objectives; and if she will make a statement on the matter. [3034/16]
View answerOperation Thor, which was launched on 2 November 2015, is a multi-strand national anti-crime and anti-burglary operation which has been facilitated by the very significant investments in Garda resources which have been made by this Government. Operation Thor entails a broad range of activities to tackle burglars, organised crime gangs and prolific offenders as well as working with communities to prevent crime.
Operation Thor delivers on increased investment in policing by this Government, and marks a significant step-up in the policing response to burglaries and related crime. In particular, the Government has ended the moratorium on Garda recruitment, with 1,150 Gardaí being recruited. €34 million has been invested in new Garda vehicles since 2012 with over 640 new vehicles coming onstream 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. The Government is also investing in airborne surveillance and enhanced technology and ICT systems.
In addition, a further allocation, in excess of €5 million, has being committed to support Operation Thor. This allocation, which includes funding for Garda overtime is supporting a combination of additional patrols, checkpoints, rapid armed response and public awareness measures.
While it will take some time to properly assess its impact on crime, the Garda authorities have reported very positive operational feedback since the launch of Operation Thor on 2 November. This is underlined by a significant series of arrests in various locations around the country as part of planned Garda operations, as well as charges being brought against numerous individuals. Operation Thor has led to the arrest of particular target suspects in relation to burglary, and arrests connected to crimes committed by mobile criminal groups, as well as handling stolen property, possession of firearms and drugs offences. Early operational feedback from the Garda authorities indicates that since its launch on 2 November, Operation Thor has made a significant impact on burglary rates with an estimated decrease in burglary of 34% when compared to the same period the previous year. These figures will of course be subject to further analysis and verification by the CSO before the full official crime figures for 2015 are published.
The early successes under Operation Thor have been achieved by targeting key suspects, patrolling of crime 'hot spots' and creating a general public awareness of the need for crime prevention measures. There has been concentrated Garda activity including 10,120 anti-crime patrols and 13,020 targeted checkpoints nationwide, with 550 burglary related arrests.
I should also emphasise that Operation Thor will be further backed up by the anti-burglary new legislation which I recently commenced. The Criminal Justice (Burglary of Dwellings) Act 2015 is targeted at those repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. The new legislation requires the District Court to provide for consecutive jail sentences where a burglar is being sentenced for multiple offences. It also allows Courts to refuse bail for offenders who have a previous conviction for domestic burglary coupled with two or more pending charges. I made the enactment of this new legislation a priority so that it would be available when persons charged as part of Operation Thor come before the courts and this commitment has also now been delivered upon.
10. Deputy Helen McEntee asked the Minister for Justice and Equality her efforts to combat criminality by paramilitary organisations in the Leinster and Ulster Border region, further to the agreement of A Fresh Start - The Stormont House Agreement and Implementation Plan; and if she will make a statement on the matter. [45028/15]
View answerThe talks leading to A Fresh Start - The Stormont House Agreement and implementation Plan included a focus on tackling cross-Border organised crime as part of the series of measures to support a culture of lawfulness and bring an end to paramilitarism in Northern Ireland.
The Agreement includes out a new structure to enhance and intensify North-South co-operation in tackling cross-Border organised crime, including that linked to paramilitarism. The Agreement establishes a Joint Agency Task Force to enhance efforts to tackle cross-Border organised crime and to facilitate the investigation and prosecution of those involved in it. The Joint Agency Task Force proposal was designed by the parties to the Agreement to build on the excellent North-South law enforcement co-operation that is taking place already.
A trilateral ministerial meeting was held on 21 December last to finalise the Joint Agency Task Force proposal. Along with the Minister for Foreign Affairs and Trade, I was happy to welcome the Secretary of State for Northern Ireland, Theresa Villiers MP, the Northern Ireland Justice Minister, David Ford MLA, the then First Minister, Peter Robinson MLA and deputy First Minister, Martin McGuinness MLA, to Dublin for the meeting. This trilateral meeting fulfilled the commitment under the Agreement to hold such a meeting of the Irish and British Governments and the Northern Ireland Executive. All Ministers were at one on the need to maintain a priority focus on tackling cross-Border organised crime between the jurisdictions.
The new Joint Agency Task Force will step up and intensify that co-operation at both the strategic and operational levels. Building on the current successes, I expect the agencies involved to further improve overall co-ordination in terms of strategic direction against the priority areas of organised crime identified and also in terms of the co-ordinated and joint deployment of front line operations aimed at disrupting, prosecuting and reducing cross-border organised crime.
The Task Force will be led by the police and revenue services and will be jointly chaired at a very senior level by a Deputy Commissioner of An Garda Síochána and an Assistant Chief Constable of the PSNI. This is essential to providing strong strategic direction and oversight to the front-line operational side.
The Task Force will integrate representatives from not only the police and revenue services, but also from other law enforcement agencies, including the Criminal Assets Bureau and the UK National Crime Agency, who can bring a particular expert focus on targeting and seizing the assets of those involved in organised crime. We know from our experience that seizing the proceeds of crime is a key means of undermining organised crime. The relevant law enforcement agencies with a remit to tackle, for example, environmental crime, such as illegal waste dumping, or immigration offences such as human trafficking for forced labour will be integrated into the Task Force.
The Task Force will provide a report on its work to the Justice Ministers North and South at their six-monthly Ministerial meetings under the framework of the Inter-Governmental Agreement on co-operation on criminal justice matters. It is the intention that these reports will be made public.
The joint chairs of the Task Force have already had a scoping meeting and the arrangements are being made for a meeting of the full Strategic Oversight Group in the near future.
12. Deputy Niall Collins asked the Minister for Justice and Equality how the Garda Síochána Reserve can be better utilised; and if she will make a statement on the matter. [3023/16]
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 keeps 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 all resources. I am informed by the Garda Commissioner that as of 31 December 2015, there were 953 Reserve members throughout the State. Recruitment to the Reserve is ongoing and I understand that the Commissioner intends to launch a fresh recruitment drive early this year.
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. I also welcome the inclusion of a special stream for eligible reserve members in the 2016 recruitment campaign for full-time members of An Garda Síochána. Reserve members have undergone training in many of the skills required to be an effective full-time member and have front-line operational experience. It is appropriate to that they be given due recognition.
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. I expect that this consultation process will be completed in March. The outcome will then inform the preparation of implementation proposals for consideration by Government. Further work on optimising the use of the Reserve will be progressed in this context.
13. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to establish an independent inquiry into the actions of all relevant State agencies related to the circumstances surrounding the death of a person (details supplied); and if she is aware of the deep distress caused to the family of the person in its experience with the independent review mechanism. [3043/16]
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, or other public representatives with a view to determining to what extent and in what manner further action may be required in each case.
The Panel established for that purpose 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.
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 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.
In circumstances where individuals have genuine but necessarily subjective concerns about how their particular cases were originally handled, it is inevitable that many of those complainants who were informed that no further action was recommended, will be unhappy with that outcome. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.
The outcome of the review in the particular case referred to by the Deputy, issued last month. I should mention that my predecessor referred aspects of their particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded.
The House will appreciate too that a civil action has been initiated against the State in respect of issues raised in the complaint and we must all appreciate the need not to prejudice in any way these proceedings.
14. Deputy Seán Kyne asked the Minister for Justice and Equality the assignment of new Garda Síochána recruits since the reopening of Templemore training college, by division; and if she will confirm the recruitment of suitable candidates for service in Gaeltacht communities. [3037/16]
View answerThis Government is committed to ensuring that An Garda Síochána has the capacity to provide effective and visible policing throughout the country. A crucial element of the Government's strategy is ensuring ongoing seamless recruitment to renew An Garda Síochána. With this in mind 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. To date there have been six intakes of Garda Trainees to the Garda College, giving a total intake of 550 with a further intake provisionally scheduled for 11 April 2016. So far 296 of these new recruits have been fully attested and are undertaking Garda duties in communities nationwide.
An Garda Síochána is fully committed to fulfilling their obligations under the Official Languages Act. In this regard, candidates who are fluent Irish speakers, and who also fulfil all other eligibility criteria, are assessed under a specialist Irish language stream. Successful candidates from this stream are allocated to Gaeltacht areas for a period of time as determined by the Garda Commissioner. To date 29 applicants who applied under the specialist Irish language stream in the last competition were successful.
In order to fulfil the recruitment commitment for 2016 a new recruitment campaign was launched in last November. That campaign, which closed on 6 January, has attracted strong interest with in the region of 16,500 applications received by the Public Appointments Service which is organising the competition on behalf of the Garda Commissioner. I am informed by the Garda Commissioner that in the recruitment competition which closed on 6 January, a total of 685 applied through the specialist Irish language stream. Successful applicants from this campaign can expect to start entering the Garda College from mid-year onwards.
I set out in the following tabular statement the information sought by the Deputy in relation to assignments by Division.
Distribution of Probationer Gardaí 2015 by Division
|
Division |
Assignments |
Division |
Assignments |
|
DMR East |
10 |
DMR North |
20 |
|
DMR North Central |
23 |
DMR South |
19 |
|
DMR South Central |
20 |
DMR West |
30 |
|
Kildare |
15 |
Laois/Offaly |
9 |
|
Meath |
5 |
Westmeath |
5 |
|
Wicklow |
10 |
Cavan/Monaghan |
10 |
|
Donegal |
10 |
Louth |
10 |
|
Sligo/Leitrim |
5 |
Kilkenny/Carlow |
10 |
|
Tipperary |
5 |
Waterford |
14 |
|
Wexford |
15 |
Cork City |
7 |
|
Cork North |
0 |
Cork West |
5 |
|
Kerry |
10 |
Limerick |
9 |
|
Clare |
10 |
Galway |
5 |
|
Mayo |
5 |
Roscommon/Longford |
0 |
15. Deputy Thomas Pringle asked the Minister for Justice and Equality her response to the low level of refugee applications to the State under the European Union's relocation plan; and if she will make a statement on the matter. [2998/16]
View answerThis programme, which was agreed at European level in September 2015, provides for the transfer of 160,000 persons in clear need of international protection from Italy and Greece to other Member States where their applications for protection will be examined. The programme provides for the relocation of persons on a phased basis over a two year period.
Overall only a small percentage of persons have been relocated so far, which is fair to say has not progressed as fast as Member States had hoped. This is however the first time that the EU has embarked on a large-scale programme of this nature and therefore it is somewhat understandable, considering the significant logistical arrangements that needed to be put in place, that it would take time to get the programme properly up and running. There have been particular challenges with the establishment of 'hotspots' in Greece and Italy and the setting up of the relocation programmes in these countries. It is intended to establish a total of eleven hotspots (six in Italy and five in Greece) to enable Frontex, the European Asylum Support Office (EASO) and Europol to work on the ground with frontline Member States to identify, register and fingerprint migrants and to process applicants for relocation. Currently only two hotspots are operational in Italy while one is operational in Greece. I expect that when all the necessary arrangements are put in place we will see a swift acceleration in the numbers being relocated.
In response to the request from the Commission for Member States to respond quickly to the call for national experts to support the work of the 'hotspots', Ireland has appointed Liaison Officers to Italy and Greece and has also nominated two Irish experts to the European Asylum Support Office (EASO) to be deployed to the 'hotspot' in Greece. Their role will be to identify potential candidates for relocation, provide relevant information about the relocation procedure and refer all interested candidates to the regional Asylum Service. The first ten persons from Syria to be relocated to Ireland arrived on Friday 22 January from Greece. In addition we have indicated that we have twenty places immediately available for relocation from Italy.
The migration crisis is a highly challenging issue and has been central to discussions at EU level over the past year and this is expected to continue in the year ahead also. I will continue to work closely with my EU colleagues as part of the response to this humanitarian crisis.
16. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to ensure that her proposed review of legislation will ensure the inclusion of independent judicial oversight over applications for data access or for ongoing surveillance by the relevant authorities, given that almost 62,000 applications for access to landline, mobile telephone and Internet data were made to companies providing services to the public by State authorities over a five-year period. [3042/16]
View answerAccess to communications data under the Communications (Retention of Data) Act 2011 may only be requested by a senior member of the relevant bodies empowered under the legislation, which includes An Garda Síochána and the Permanent Defence Forces, and then only for the purposes of the investigation of serious offences, the security of the State or the saving of human life.
The records which can be accessed under the 2011 Act concern the data identifying the registered owner of a device - 'subscriber' data - or the traffic and location data of a device - the when, where and for how long a phone was used, for example. The Act does not allow access to the content of a communication - this is expressly ruled out by section 2 of the Act.
I should emphasise that the Act is subject to independent judicial oversight by a Judge of the High Court, designated by the Government for that purpose. The Designated Judge has complete and unrestricted access to all cases, documents, records, and personnel pertaining to the operation of the relevant legislation. In addition, the Designated Judge reports to the Taoiseach at least annually on the operation of the legislation. These reports are laid before the Houses of the Oireachtas.
Access to these records is essential in the fight against serious crime and to keep us safe. The fact is that some of the most serious crimes committed in this country would not have been solved and the perpetrators brought to justice if these powers were not in place. Not having these powers would do a very grave disservice to the victims of crime.
These are targeted investigatory powers. They simply do not provide for indiscriminate surveillance of members of the public. That said, very genuine concerns have been raised recently as to the balance in our law between the important freedom of journalists to pursue legitimate matters of public interest and the basic rights of persons not to have their personal information improperly disclosed. It is essential to address those concerns.
I decided to have an independent examination of the law carried out in respect of access by statutory bodies to the communications records of journalists held by communications service providers, taking into account, the principle of protection of journalistic sources, the need for statutory bodies with investigative and/or prosecution powers to have access to data in order to prevent and detect serious crime, and current best international practice in this area.
The former Chief Justice, Judge John Murray, has agreed to carry out the review over the coming three months and he will bring recommendations to me. I think it is important to have an independent aspect to the review in order to bolster public confidence in the process. As I am sure the Deputy will understand, I would not wish to presuppose the outcome of Mr. Justice Murray's review in any respect. The outcome of the review will be referred to the relevant Oireachtas Committee.
17. Deputy Mick Wallace asked the Minister for Justice and Equality if her reform programme has been successful to date; if she is satisfied with the manner in which promotions in An Garda Síochána are handled; and if she will make a statement on the matter. [3024/16]
View answerMy focus and that of the Government over the past 20 months has been to put in place concrete measures to ensure and enhance ongoing public confidence in policing in Ireland, while continuing to support the men and women of An Garda Síochána in their day-to-day work of keeping our communities and country safe. This means firstly overseeing reform of the administration, accountability and oversight of policing in Ireland; and secondly delivering on a programme of reform, modernisation and investment in An Garda Síochána particularly focusing on organisation, processes and systems.
The establishment of the Policing Authority on 1 January was a very important milestone and I am pleased to say that it will meet for the first time tomorrow. The Authority will provide a new, effective and independent forum for the public oversight of policing services in Ireland. Having worked closely with the Garda Commissioner and the Chairperson over the last several months, I know there is a strong commitment to promote a continuous improvement in policing and a determination to work together to achieve that.
Other important initiatives either completed or in train include:
- the appointment of the Commissioner and Deputy Commissioners following an open and independent selection process for the first time
- the extension of the FOI Act 2014 to An Garda Síochána
- the enactment of legislation to strengthen the role and remit of GSOC and the appointment of Judge Mary-Ellen Ring as Chairperson to that body last August
- the Protected Disclosures Act 2014 allows Garda members to make "protected disclosures" to GSOC in confidence relating to alleged Garda misconduct
- a Commission of Investigation, chaired by Justice O’Higgins, has been established and is currently examining matters arising from the report of May 2014 from Mr Sean Guerin, SC, to An Taoiseach concerning allegations made by Sergeant Maurice McCabe
- the Independent Review Mechanism, consisting of a panel of counsel, has reviewed 320 complaints containing allegations of Garda misconduct, or inadequacies in the investigation of certain allegations. Notification letters have issued to complainants in over 300 of these cases with the outstanding letters due to be issued imminently and a summary report of the process published
- following the publication of the Garda Professional Standards Unit (GPSU) report on the operation of the fixed charge processing system (penalty points) I appointed Judge Mathew Deery, former President of the Circuit Court, to the new position of Independent Oversight Authority for the fixed charge processing system
- significant work is continuing to implement the recommendations contained in the Garda Síochána Inspectorate's 2014 report on Crime Investigation. This work will be boosted by the allocation of an additional €205 million in funding for critical Garda ICT infrastructure over the life time of the Government’s Capital Plan.
The most recent Inspectorate report "Changing Policing in Ireland - Delivering a Visible, Accessible and Responsive Service" which I published on 9 December last is another important contribution to the ongoing reform agenda that is under way in An Garda Síochána and across the wider justice sector. The Commissioner is also about to publish her 5 year Strategic Transformation Programme which I understand will address many of the issues raised in the Inspectorate Report.
On the matter of promotions within An Garda Siochána, the position is that promotions up to and including Assistant Commissioner are covered by the Garda Síochána (Promotion) Regulations 2006. Those Regulations are under review at present and will be subject to amendment in order to facilitate the Policing Authority assuming its full functions in relation to appointments to the senior ranks of An Garda Síochána. Separately, as the Deputy will be aware, the Commission on Public Service Appointments (CPSA) recently published its audit of promotion practices to the rank of sergeant and inspector in An Garda Síochána. While broadly positive in relation to those practices overall, the CPSA does make a number of recommendations for improvements which are being considered by the Commissioner and which may require amendments to the Regulations in due course.
Finally, under the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015, the Policing Authority has a statutory responsibility to keep under review recruitment to An Garda Síochána.
18. Deputy Niall Collins asked the Minister for Justice and Equality if she will reopen any of the Garda Síochána stations that were closed over the past five years; and if she will make a statement on the matter. [3022/16]
View answerThe formulation of proposals in relation to the opening and closing of Garda Stations is a matter, in the first instance, for the Garda Commissioner in conjunction with the newly established Policing Authority, in the context of annual policing plans, as provided for in section 20 of the Garda Síochána Act 2005, as amended.
The Garda District and Station Rationalisation Programme implemented in An Garda Síochána during 2012 and 2013 resulted in the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013.
The Programme was based on a review of the Garda Station Network by Garda management which 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.
It is understood from discussions with the Garda Commissioner that the current consolidation process is largely completed. There are no proposals to either reopen or close any Garda stations in the Policing Plan for 2016.
19. Deputy Clare Daly asked the Minister for Justice and Equality the proposed actions of the independent review mechanism, with particular reference to the number of cases where follow-on action was recommended; the nature of the follow-on action. [3015/16]
View answerThe Deputy is referring to 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.
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. It is also important to emphasise that the range of matters covered by the cases referred to the Panel was very wide. They included property disputes, probate issues, disputes between neighbours, dissatisfaction with the outcome of civil and criminal court actions as well as decisions of the DPP and GSOC. These are all matters in which I, as Minister, have no role. Nevertheless, they were considered by the Panel despite the fact that, at face value, they were outside the remit of the IRM.
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.
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, 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 Síochana 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. I have already indicated that 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 in this regard.
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.
20. Deputy Thomas Pringle asked the Minister for Justice and Equality the status of an application for a transfer by a person (details supplied) detained in Maghaberry Prison in County Antrim; and if she will make a statement on the matter. [2999/16]
View answerI am advised by the Irish Prison Service that an application for repatriation, from the person referred to, has been received and is being dealt with accordingly. It is not possible to provide a precise timeline in respect of individual applications, due to the number of parties involved in the process.
The individual will be kept informed directly of any developments in his case as they arise.
The Deputy should be aware that the Council of Europe Convention on the Transfer of Sentenced Persons does not confer an automatic right for any prisoner to be transferred nor does it confer an obligation on any State to comply with a transfer request. In addition, the consent of the three parties in the process is required prior to any transfer, i.e. the sentencing state, the receiving state and the sentenced person.
21. Deputy Mick Wallace asked the Minister for Justice and Equality if she has had discussions with the Department of Foreign Affairs and Trade, the Department of Defence or the Department of Transport, Tourism and Sport in relation to any assessment of the risk to Ireland from a terrorist attack by the Islamic State of Iraq and Syria due to the continued use by the military of the United States of America of Shannon Airport; and if she will make a statement on the matter. [3028/16]
View answerThe current assessment of the threat to Ireland from international terrorism is that while an attack here is possible, it is unlikely and there is no specific information that an attack on Ireland is planned.
The level of threat from this source is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international climate. In drawing up the threat assessment the Garda Commissioner has reference to wide range of issues and consults with the Chief of Staff of the Defence Forces.
There is a small number of people here whose activities are a cause for concern in terms of supporting terrorism and extremism. They will continue to be monitored and, where evidence is available of criminality, they will face the full rigours of the law.
I am aware of comments made previously to the effect that Ireland is a target because we permit US planes to refuel at Shannon Airport. However, permission to land in the State is subject to clear policy stipulations – that aircraft are unarmed, carry no arms, ammunition or explosives, do not engage in intelligence gathering and that the flights do not form part of military exercises or operations. These arrangements apply to all foreign military aircraft landing in Shannon. These arrangements are fully consistent with our policy of military neutrality.
I can assure the House that An Garda Síochána, supported where necessary by the Defence Forces, is taking all possible steps to deal with any threat to this State. The Deputy will understand that, of their nature, security measures should not be disclosed publicly.
There is, of course, ongoing interaction between my officials and those of all relevant Departments concerned with threats to national security. The Deputy will also wish to note that there is an Office of Emergency Planning situated in the Department of Defence and the Government's Task Force on Emergency Planning meets regularly to co-ordinate cross-Government planning arrangements for a whole range of emergencies, including those with a security dimension.
22. Deputy Terence Flanagan asked the Minister for Justice and Equality the status of her investigations into the Stardust tragedy; and if she will make a statement on the matter. [2845/16]
View answerAs the Deputy is aware, following 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 Stardust Victims' Committee submitted material relating to these events to my Department and a meeting was held with them and another researcher associated with the Committee on 23 April last year. The official in my Department who liaises with the Committee undertook to examine this material and, following such an examination, a draft preliminary analysis was prepared in my Department and this draft was issued to the Committee in July of last year. The Committee was invited to examine this draft analysis and provide any commentary it 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. The views and materials presented at that meeting were examined in my Department and on 30 November last further documentation was issued by my Department to the Committee in this connection.
Further material that the Committee wishes to be considered by my Department was received in recent weeks and this has been the subject of correspondence between the Committee and my Department.
