Wednesday, 27 Jan 2016

Written Answers Nos. 23 - 29

Military Aircraft Landings

Questions (23)

Mick Wallace

Question:

23. Deputy Mick Wallace asked the Minister for Justice and Equality if she has discussed carrying out of an assessment of the risk posed to Ireland by publicity surrounding the use by the military of the United States of America of Shannon Airport with the Garda Commissioner; if she supplied the results of any such assessment to the Tánaiste prior to her comments in the Dáil during Leader's Questions on 17 December 2015, when the Tánaiste asked this Deputy if he understood what the consequences of his statements in regard to US military use of Shannon might be in terms of the safety of people in Ireland; and if she will make a statement on the matter. [3026/16]

Written answers

Minister for Justice and Equality

The assessment of the threat posed to Ireland by international terrorism is a matter for An Garda Síochána. The current assessment of the threat level from international terrorism is that although an attack on Ireland is possible it is considered unlikely. I keep the Government informed on a regular basis on security matters on the basis of the routine briefings I receive from the Garda Commissioner.

In relation to the specific issue raised by the Deputy, the comments of the Tánaiste were not based on a specific assessment of any sort provided. Rather the Tánaiste was making the absolutely reasonable point to the Deputy that Ireland is a militarily neutral state and that our Defence Forces pursue the State's long-standing involvement in peace-keeping and conflict prevention abroad. The Tánaiste also corrected the Deputy's fanciful assertion that Shannon Airport is a US military base and cautioned him to exercise some moderation in his use of language in order to ensure that such an incorrect impression would not create harm to Irish interests.

The arrangements under which permission is granted for foreign military aircraft to land at Irish airports are governed by strict conditions. These include stipulations that the aircraft must be unarmed, carry no arms, ammunition or explosives and must not engage in intelligence gathering, and that the flights in question must not form part of military exercises or operations.

Migrant Integration

Questions (24)

Pádraig MacLochlainn

Question:

24. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to ensure the regularisation of undocumented migrants in the State through a fair and pragmatic system as outlined by the Migrant Rights Centre in a presentation to the Joint Committee on Justice, Defence and Equality in 2015. [3045/16]

Written answers

Minister for Justice and Equality

I am aware of the proposals regarding regularisation which have been put forward by the Migrant Rights Centre of Ireland and I have met with their representatives, as have my officials, on a non-committal basis, to give them the opportunity of elaborating their proposals at first hand. I also acknowledge that a good deal of thought has gone into the proposals.

However I have no plans to implement a regularisation programme of the type proposed. As highlighted in replies to previous parliamentary questions EU Member States have committed "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons".

There is a clear obligation on anyone coming to live and work in the State to respect our laws. In this regard it remains the responsibility of all non-EEA nationals who are resident in the State to ensure that they have an appropriate permission from the Minister for Justice and Equality and the great majority of migrants fully comply with this condition. I am conscious that any significant departure from well established policies will invariably have implications for our immigration controls and the smooth functioning of the Common Travel Area with the United Kingdom.

It remains open to any foreign national, who finds him or herself in an undocumented situation, to return to their home country and apply to re-enter the State or, alternatively, to approaching the immigration authorities to seek permission to remain in the State. Such cases would be carefully considered, taking the all relevant circumstances into account, before any final decision was made. An important factor in any such consideration would be the circumstances in which the person concerned became undocumented. Following such a process it is reasonable for the State to expect that people will respect this decision.

Garda Misconduct Allegations

Questions (25)

Mick Wallace

Question:

25. Deputy Mick Wallace asked the Minister for Justice and Equality the nature of the further investigations proposed into those cases selected from the independent review mechanism; and if she will make a statement on the matter. [3027/16]

Written answers

Minister for Justice and Equality

The 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 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.

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.

Legislative Programme

Questions (26)

Maureen O'Sullivan

Question:

26. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the status of legislation on community courts including progress to date and when she will introduce it; and if she will make a statement on the matter. [3003/16]

Written answers

Minister for Justice and Equality

My Department has led a Working Group of Justice Sector officials to consider options for moving forward on the proposal to establish a Community Court and the group met a number of times during 2015. Building on the recommendations of the Oireachtas Joint Committee on Justice, Defence and Equality, the Working Group has been working up proposals enhancing our approach to tackling low level offenders and effectively addressing their offending behaviour through a Community Justice Intervention type programme. This would be a diversion from the courts system and one that seeks to deal with low level offences while applying meaningful sanctions and focusing on the principles of restorative justice. It would build very specifically on the idea of a Community Court, and on some experiences from abroad, but without creating a new Court per se. Some of the key elements under consideration include the format of the initiative and the most appropriate model that would apply to the Irish system. It is important that, whatever model is decided upon, it adds value to interventions that are already available and that it will operate to deliver solutions in a fully integrated way. I expect proposals in this regard will be finalised over the coming weeks and they will identify the appropriate target audience, the necessary services and resources as well as setting out timelines and key performance indicators to define the success of the initiative.

Garda Strength

Questions (27)

Terence Flanagan

Question:

27. Deputy Terence Flanagan asked the Minister for Justice and Equality if she is concerned at the number of gardaí leaving An Garda Síochána compared to the number of new recruits; and if she will make a statement on the matter. [2846/16]

Written answers

Minister for Justice and Equality

I have been informed by the Garda Commissioner that the number of Gardaí who have departed from An Garda Síochána owing to voluntary retirement, compulsory retirement, cost neutral early retirement, medical discharge, and resignation, was 281 in 2015.

This Government is committed to renewing An Garda Síochána to ensure that it has the capacity to deliver effective policing services throughout the country. To this end, since the Garda College reopened in September 2014 (following the lifting of the moratorium on recruitment), there have been six intakes of Garda Trainees, giving a total intake of 550. So far 296 have attested and are on the ground in communities nationwide. The increased budget allocation for An Garda Síochána this year provides for the recruitment of an additional 600 trainee Gardaí. It is expected that a further 395 will attest by the end of this year 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 can assure the Deputy that projected retirements are kept under continuing review and the level of recruitment adjusted as necessary.

Garda Misconduct Allegations

Questions (28)

Pádraig MacLochlainn

Question:

28. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality to facilitate an appeals process to the independent review mechanism that has examined allegations of malpractice by An Garda Síochána. [3041/16]

Written answers

Minister for Justice and Equality

The 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. In these circumstances the matter of appeal does not arise.

I wish, however, 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.

Garda Resources

Questions (29)

Bernard Durkan

Question:

29. Deputy Bernard J. Durkan asked the Minister for Justice and Equality her priorities for the expansion of recruitment to An Garda Síochána, the upgrading of the telecommunications equipment and training, and the provision of the necessary back-up in line with the requirements of a modern police force on par with the best in Europe, thus enabling An Garda Síochána to combat organised crime and possible terrorism; and if she will make a statement on the matter. [3016/16]

Written answers

Minister for Justice and Equality

This 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.

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.

The 2016 Budget allocation of €1.5 billion for An Garda Síochána includes over €67 million in additional funding which will, in addition to the recruitment of new trainee Gardaí, also provide additional funding for Garda Surveillance, special operations and targeted, intelligence-led policing. This additional recruitment and budget allocation builds on the current high level of investment in Garda vehicles. We have invested over €34 million in new Garda vehicles since 2012 with over 640 new vehicles coming on stream since the start of 2015. The Government's Capital Plan 2016-2021 provides for a further €46 million of investment in vehicles as well as an additional €205 million for Information and Communications Technology which will allow An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime. Taken together, this step-change in investment in policing demonstrates this Government's commitment to investing in 21st Century policing and will ensure that the Gardaí can be mobile, visible and responsive, on the roads and in the community to prevent and tackle crime.

Taking actions to counter the security threats facing the State is a priority for An Garda Síochána. The Garda Authorities have the appropriate resources available to them to tackle threats from these sources but given the evolving nature of the security threats the Garda Commissioner is carrying out a review at present and will let me know of any additional requirements that may arise. In general terms, An Garda Síochána will take all possible steps to deal with any threat to this country, combining a strong intelligence base with a well-trained, armed special intervention and support capacity, and a range of other local and national policing and investigative resources dedicated to countering security threats whatever their origins. The use and exchange of good intelligence is increasingly important in tackling organised crime and terrorism. In this regard, as part of the major programme of investment in An Garda Síochána under the Government's Capital Plan there will be considerable investment in Garda information and communications technology, including connecting to the Schengen Information System, that will support crime investigation and enhance intelligence-led policing.