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Tuesday, 17 May 2016

Written Answers Nos. 146 - 171

Gangland Crime

Questions (146, 148, 149)

Bernard Durkan

Question:

146. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if adequate resources remain available to An Garda Síochána to combat the activities of criminal gangs throughout the country; if any augmentation of strength, equipment or facilities is required; and if she will make a statement on the matter. [10618/16]

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Bernard Durkan

Question:

148. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she has identified a deficiency in the resources available to An Garda Síochána that will be an issue in the fight against criminal gangs; and if she will make a statement on the matter. [10620/16]

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Bernard Durkan

Question:

149. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality her priorities for augmenting the stength, transport facilities and technical equipment of An Garda Síochána over the next five years and in particular to ensure the availability of adequate resources to combat criminal activity; and if she will make a statement on the matter. [10621/16]

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Written answers

I propose to take Questions Nos. 146, 148 and 149 together.

The Programme for a Partnership Government prioritises a significant programme of investment in An Garda Síochána with an overarching goal of continuing the accelerated recruitment programme with a view to increasing Garda numbers to 15,000, to double the Garda Reserve and to increase further civilianisation to free up more Gardaí for front line policing duties.

The Programme also recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crimes, and to prevent loss and harm to citizens and their property on a 24/7 basis.

The 2016 Budget allocation of €1.5 billion for An Garda Síochána includes over €67 million in additional funding which, in addition to the recruitment of new trainee Gardaí, also provides 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.

Over €34 million has been invested in new Garda vehicles since 2012 with over 720 new vehicles coming on stream since the start of 2015. This significant investment provides the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles for high-visibility road policing. Investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community.

The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan which will allow An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime. In addition, the Government will support investment in CCTV at key locations along the road network and in urban centres.

In terms of existing technology, the Deputy will be aware that a considerable amount of new Garda ICT solutions has been delivered over the past number of years. These include the deployment of a secure national digital radio system (NDRS), the deployment and support of Garda and Community CCTV systems, an automated number plate recognition (ANPR) system and the addition of many new functions to the PULSE system, which itself is further supported by a dedicated Garda data entry service in Castlebar. These and other new technological solutions, as well as the investment in resources, will ensure that An Garda Síochána has the capacity to provide effective policing services in responding to the evolving challenges of modern day criminal activity.

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.

I have assured An Garda Síochána that they have the full support of the Government in their efforts to disrupt gang-related crime and they will continue to access all resources necessary, including extensive overtime, to support them in delivering concentrated visible policing measures to tackle such crime.

Garda Strength

Questions (147)

Bernard Durkan

Question:

147. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the current strength of An Garda Síochána, its strength at its peak over the past ten years and its anticipated peak over the next five years; and if she will make a statement on the matter. [10619/16]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keeps 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 and I, as Minister, have no direct role in the matter.

I have been informed by the Garda Commissioner that as of the 31 March 2016, the latest date for which figures are readily available, there were 12,862 members of An Garda Síochána. The strength of the Force at its peak on the 30 September 2009 was 14,716 members.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

As the Deputy will be aware since the Garda College reopened in September 2014, a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 395 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties and are on the ground in communities nationwide. It is expected that a further 300 trainees will attest by the end of this year which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I will be engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.

Questions Nos. 148 and 149 answered with Question No. 146.
Question No. 150 answered with Question No. 100.

Prisoner Releases

Questions (151)

Bernard Durkan

Question:

151. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners currently released under the various forms of early release; the number reincarcerated in the past 12 months following such release; if their reincarceration was due to an administrative error, failure to comply with terms of release or otherwise; and if she will make a statement on the matter. [10624/16]

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Written answers

I am advised by the Irish Prison Service that figures in relation to the number of prisoners currently on temporary release are published on their website www.irishprisons.ie on a daily basis. As advised to the Deputy on 21st April, 2016 in my written response No. 44, the Irish Prison Service do not collate information related to re-incarceration in the format requested by the Deputy.

Garda Station Closures

Questions (152)

Bernard Durkan

Question:

152. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number and location of Garda stations to be reopened; and if she will make a statement on the matter. [10625/16]

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Written answers

The Programme for a Partnership Government recognises that community policing is the embodiment of An Garda Síochána, providing a means of recognising that every community – both urban and rural – has its own concerns and expectations.

It commits the Government to ensuring visible, effective and responsive policing in every community, including the most minimal response times possible.

In support of this objective, the Policing Authority will be asked to oversee a review of, among other things, both the boundaries of Garda districts and the dispersement of Garda stations in rural areas, and in developing urban and suburban areas, with a view to ensuring both an efficient and optimum geographical distribution of stations and minimal response times, including taking account of station closures since 2012.

Under the Programme, the Government is committed to launching a pilot scheme to reopen 6 Garda stations both urban and rural to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. This will be initiated within two months and I intend to consult with Commissioner and the Policing Authority to agree the process through which the Commissioner will identify the 6 stations that will be reopened under the pilot.

The Deputy will be aware that some 139 Garda stations were closed on foot of the implementation of the Garda District and Station Rationalisation Programme, which was implemented in 2012 and 2013, following the completion by An Garda Síochána of a comprehensive review of its district and station network.

As the Garda Commissioner is responsible for the effective and efficient use of the resources at her disposal, the review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. It concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.

I have been informed by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion particularly with regard to various targeted police operations.

While I welcome the beneficial outcomes that have accrued to An Garda Síochána arising from the Station Rationalisation Programme, the Programme for Government recognises that there is a need for a review along the lines that I have outlined above.

My officials will shortly be in contact with the Policing Authority with a view to putting in place the necessary arrangements for the review and I will ensure that the outcome of the review is put before the House.

Deportation Orders Data

Questions (153)

Bernard Durkan

Question:

153. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of unsuccessful asylum seekers or illegal immigrants deported in the past 12 months with particular reference to those who had been in this jurisdiction for a substantial period; and if she will make a statement on the matter. [10626/16]

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Written answers

I wish to inform the Deputy that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law. The process leading to deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders.

In determining whether to make a Deportation Order, the Minister must have regard to the factors set out in Section 3 (6) of the Immigration Act, 1999, as amended, and Section 5 (Prohibition of Refoulement) of the Refugee Act, 1996, as amended.

This essentially means that the safety of returning a person, or refoulement as it is commonly referred to, is fully considered in every case when deciding whether or not to make a Deportation Order i.e. that a person shall not be expelled from the State or returned in any manner whatsoever to a State where the life or freedom of that person would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion. The length of time in the State is also one of the criteria that has to be specifically considered in all decisions to deport.

In the period April 2015 - April 2016 there were a total of 224 persons deported from the State.

In addition to those figures, over the course of 2015 a total of 3,451 persons were refused permission to land. The figures quoted are provisional and subject to change. For example, persons may be refused permission to land in the State and subsequently permitted to enter the State having made an application pursuant to the Immigration Acts or the Refugee Act 1996.

Garda Policing Plans

Questions (154)

Bernard Durkan

Question:

154. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality her plans to modernise An Garda Síochána and to adopt best international practice; and if she will make a statement on the matter. [10627/16]

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Written answers

The Government is focused on maintaining and enhancing 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 continued reform of the accountability and oversight of policing in Ireland; and secondly delivering on a programme of reform, modernisation and investment in An Garda Síochána particularly focussing on organisation, processes and systems.

The Programme for a Partnership Government includes a commitment to continue to support the Policing Authority in its oversight role. The establishment of the Authority on 1 January this year was undoubtedly a very important milestone in the policing reform agenda. The Programme also commits to enhancing the role of the Garda Síochána Ombudsman Commission in providing an independent complaints mechanism.

The Garda Síochána Inspectorate "Changing Policing in Ireland - Delivering a Visible, Accessible and Responsive Service", which I published last December will make an important contribution to the on-going modernisation agenda in An Garda Síochána. The role of the Inspectorate is to promote efficiency and effectiveness in the operation and administration of An Garda Síochána and how it conducts its work through undertaking comprehensive analysis of policies and procedures in the organisation and benchmarking them against the best practices and standards of comparable police services. The report identifies scope for broad-ranging reforms in the administration and operation of An Garda Síochána and requires a considered response. 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 put in place a process to seek the views of the Garda Commissioner and other bodies to whom recommendations are directed. Those responses are now under consideration in my Department with a view to the preparation of proposals for implementation for consideration by Government in due course.

In addition, of course, the Garda Commissioner has developed a 5 year modernisation and renewal programme for An Garda Síochána as a response to the findings of various internal and external reports, including previous reports of the Inspectorate. I understand that the programme addresses many of the themes covered by the most recent Inspectorate report and will also be sufficiently flexible to take on board any other agreed reforms.

Finally I very much welcome the fact that the Capital Programme 2016-2021 makes significant commitments to investment in An Garda Síochána including some €205 million in additional ICT capital investment. This investment will address many of the recommendations in various Inspectorate Reports and will address the under-investment in technology over many years.

Question No. 155 answered with Question No. 93.

Crime Levels

Questions (156)

Bernard Durkan

Question:

156. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the various categories of crime have fluctuated in the divisions and districts in County Kildare in each of the past five years; and if she will make a statement on the matter. [10629/16]

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Written answers

As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. To be of assistance, I have requested the CSO to contact the Deputy directly in relation to the information requested.

I am advised that Garda management constantly monitor the distribution of policing resources in the light of crime trends and overall policing needs in all areas of the country, including Kildare, with a view to providing an effective and responsive police service. In this regard the Deputy is aware that under the new Programme for Government we are pressing forward with an accelerated programme of Garda recruitment with a view to achieving a Force of 15,000 members. This is a central element of the Government's anti-crime strategy and it builds on the recruitment of 1,150 new Gardai since we reopened the Garda College in Templemore in September 2014.

The ongoing recruitment process will support all policing operations, including special targeted strategies such as Operation Thor which marks a significant step-up in the Garda response to burglaries and related crime. In excess of €5 million is being specifically committed to support Operation Thor and includes funding for Garda overtime which is supporting a combination of additional patrols, checkpoints, rapid armed response and public awareness measures.

Furthermore, investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community. The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan underlining the ongoing commitment in the Programme for Government to resource and equip An Garda Síochána to provide enhanced policing and support local communities in all areas of the country.

Question No. 157 answered with Question No. 130.

Missing Persons

Questions (158)

Bernard Durkan

Question:

158. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if adequate resources are available to a dedicated section within An Garda Síochána in respect of missing persons; the number of persons reported missing in the past five years; the number outstanding; the number deemed to have been found; and if she will make a statement on the matter. [10631/16]

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Written answers

As the Deputy will be aware, the Garda Commissioner is responsible for the deployment of personnel and resources within An Garda Síochána. All incidents where persons have been reported missing remain under investigation until such time as the person is located and I am informed that the Garda authorities are satisfied that adequate resources are in place in relation to the management of missing persons cases. District Officers in the area where person has gone missing take direct responsibility for all investigations/searches carried out. Local investigation teams are appointed by the District Officer and all means necessary, including the services of specialist units, are deployed to assist in these investigations, when considered appropriate. The Missing Persons Bureau is responsible for all data relating to missing persons and provides expert assistance and advice to District Officers in all high risk missing person cases.

The following table details the number of missing person reports made to An Garda Síochána in the years 2011 to 12 May 2016. This table also shows the number of those persons who are currently still missing for each of these years. I am advised by the Garda authorities that the information supplied is operational and subject to change.

Year

No. of Missing Person Reports

Outstanding Missing Persons

2016 (to May 2016)

3,546

51

2015

9,969

46

2014

9,179

12

2013

7,753

10

2012

8,815

15

2011

8,511

23

Garda Investigations

Questions (159)

Bernard Durkan

Question:

159. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which resources remain available for the pursuit of so-called cold cases; and if she will make a statement on the matter. [10632/16]

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Written answers

As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.

The Garda authorities advise that the SCRT assists Senior Investigating Officers assigned to the case in question in bringing investigations to a successful conclusion by identifying further investigative opportunities and ensuring that investigations conform to approved best practice guidelines.

At the conclusion of each review by the SCRT a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.

The Deputy will appreciate that all Garda activities, including the investigation of unsolved cases, will benefit from the ongoing investments in policing resources and the accelerated programme of Garda recruitment which are now underscored by commitments in the Programme for Government.

Prisoner Rehabilitation Programmes

Questions (160)

Bernard Durkan

Question:

160. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if rehabilitative training is available to all first-time offenders in prison; and if she will make a statement on the matter. [10633/16]

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Written answers

I am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to persons in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all persons in custody are eligible to use the services.

On committal, including committal for first time offences, all persons in custody are interviewed by the Governor and are informed of the services available in the prison. Persons in custody may be referred to services or they can self refer at a later date.

The development of persons in custody rehabilitative programmes forms a central part of the Irish Prison Service. There is a clear commitment to enhance sentence planning through the Integrated Sentence Management system which involves an emphasis on individuals taking greater personal responsibility for their own development through active engagement with both specialist and non-specialist services in the prisons. The end result is a person-centred multi-disciplinary approach to working with persons in custody with provision for initial assessment, goal setting and periodic review to measure progress.

The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents in partnership with the Irish Prison Service through the Education and Training Boards (ETB). The focus is on providing education which is quality assured, student centred and facilitates lifelong learning through helping those in custody to cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on QQI (formerly FETAC) accreditation as the modular structure is suitable to the needs of students in prison.

A top priority for the Irish Prison Service is ensuring help for those with reading and writing problems and to ensure that peer mentoring programmes are currently active in all of our prisons.

The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds, the Scottish Qualifications Authority (SQA), and the Guild of Launders and Cleaners and the centralising of coordination and quality assurance arrangements have enabled the Irish Prison Service to extend the number of available courses and activities with certification.

The guiding principles which underpin the prisons' work and training service are to make available work, work-training and other purposeful activities to those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical accredited skills which will help them secure employment on release.

Spent Convictions Legislation

Questions (161)

Paul Murphy

Question:

161. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality to consider a review of the spent convictions legislation and the removal of minor driving offences from the records of persons in a period less than seven years; and if she will make a statement on the matter. [10671/16]

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Written answers

The 7 year waiting period before convictions, including convictions for driving offences, can become spent was adopted in the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 taking account of a number of factors. Not least of these in the case of driving offences are the provisions of the Road Traffic Acts.

The 7 year period takes account of the mandatory driving bans now imposed for certain motoring offences. These bans can be for up to 6 years in length for some offences that are eligible to become spent, including some drink driving offences. Road traffic legislation already provides persons with penalty points on their driving licence arising from minor road traffic infringements and penalised drivers have to wait 3 years before the penalty points are removed.

A 7 year waiting period before any conviction, including road traffic convictions, can become spent is deemed appropriate and proportionate.

Questions Nos. 162 and 163 answered with Question No. 115.

Human Trafficking

Questions (164)

Thomas Pringle

Question:

164. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality when she will publish the second national action plan to combat human trafficking, which was promised four years ago and which currently exists in draft stage; and if she will make a statement on the matter. [10697/16]

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Written answers

As the Deputy is aware, a second National Action Plan to Prevent and Combat Human Trafficking In Ireland, setting out Ireland's anti human trafficking strategy for the coming years, has been drafted. The Plan was developed in cooperation and consultation with our national and international partners and has regard to our commitments under international instruments and developments at European Union and Council of Europe level on Human Trafficking.

In 2015 a draft of the Plan was issued to civil society organisations active in this field. Submissions from 13 organisations and one individual were received; a Round-table meeting was held with Civil Society to discuss the issues raised in the written submissions. The feedback and outcome from these consultations and submissions, as well as recommendations for Ireland made by bodies monitoring implementation of the international instruments in this area, were taken into account when finalising the draft Plan.

Last Friday, 13 May, a meeting of the Interdepartmental High Level Group on Combating Trafficking in Human Beings (HLG), which comprises senior representatives from the key Government Departments and Agencies, was held to consider the final draft of the Plan. The Group considered the views expressed in the consultation process and approved a final draft of the Plan which has taken these views into account. I expect that this draft will be submitted to me for approval in the near future and will subsequently be submitted to Government.

I should note that significant work has been ongoing in this area in advance of the publication of a Second National Action Plan; responding to a call made by Civil Society, among others, priority has been given to a review of the current victim identification process and work with state agencies and Civil Society on this important issue is already in train.

Human Trafficking

Questions (165)

Thomas Pringle

Question:

165. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality to immediately appoint an independent national rapporteur on human trafficking to bring Ireland into line with other European states and to ensure robust measures are in place to combat this crime; and if she will make a statement on the matter. [10698/16]

View answer

Written answers

As the Deputy is aware, a second National Action Plan to Prevent and Combat Human Trafficking In Ireland, setting out Ireland's anti human trafficking strategy for the coming years, has been drafted. The Plan was developed in cooperation and consultation with our national and international partners and has regard to our commitments under international instruments and developments at European Union and Council of Europe level on Human Trafficking.

In 2015 a draft of the Plan was issued to civil society organisations active in this field. Submissions from 13 organisations and one individual were received; a Round-table meeting was held with Civil Society to discuss the issues raised in the written submissions. The feedback and outcome from these consultations and submissions, as well as recommendations for Ireland made by bodies monitoring implementation of the international instruments in this area, were taken into account when finalising the draft Plan.

The new Plan provides for consideration to be given to how further elements of independent oversight could be brought to this policy area and the issue of the potential role that could be played by a National Rapporteur will be examined in that context.

Arrangements to allow for the publication of this Plan, including submission to Government, are being put in place and I expect that publication will occur in the near future.

Garda Promotions

Questions (166)

Thomas P. Broughan

Question:

166. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality if she will fill vacancies at the rank of sergeant, inspector, superintendent and chief superintendent in the Garda Síochána in the near future; and if she will make a statement on the matter. [9781/16]

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Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel, among the Garda Regions, Divisions, and Districts. Garda management keeps 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.

Appointments to the ranks of sergeant and inspector are a matter for the Garda Commissioner under section 14 of Garda Síochána Act 2005. I am informed by the Commissioner that 120 sergeants were appointed recently following the conclusion of a promotion competition in accordance with the Garda Síochána (Promotion) Regulations 2006. I am further informed that a competition in accordance with the 2006 Regulations for the selection of persons for appointment to the rank of inspector is to be concluded shortly.

Appointments to the rank of superintendent and chief superintendent continue to be a matter for Government in accordance with section 13 of the 2005 Act, pending the transfer of this function to the Policing Authority. Again I am informed by the Commissioner that competitions are in train in accordance with the 2006 Regulations for the selection of persons for appointment to these ranks and that the names of the successful applicants will be forwarded in due course for appointment at the discretion of the Government.

I am committed to the Authority assuming its function in relation to these appointments as soon as possible and with that in mind my Department is working as a matter of priority on the preparations required to effect this transfer including the preparation of amendments to the 2006 and other Regulations.

Motor Insurance

Questions (167)

James Lawless

Question:

167. Deputy James Lawless asked the Minister for Finance if he is aware of insurance companies which do not provide commercial car insurance quotes due to a person residing outside of the State for two or more consecutive years, and that certain insurance companies (details supplied) do not accept no claims bonus certificates from other European Union member states; and if he will make a statement on the matter. [10395/16]

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Written answers

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation but cannot interfere in the provision or pricing of insurance products.  The EU framework for insurance expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing, or terms and conditions of an insurance product.  

The provision of insurance cover and the price at which it is offered, including the granting of no claims discounts, is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks.  These are considered by insurance companies on a case by case basis.  

Insurance Ireland, which represents the insurance industry in Ireland, has informed me that, in general terms, where there has been no motor insurance in an individual's name and there is a gap of cover of two years or more since their last insurance, the no claims discount is deemed invalid. However, Insurance Ireland has further stated that if the individual can produce confirmation that they were continually insured and are claims free in their own name while they were away, this would be taken into consideration.

Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance. In the event that a person is unable to obtain a quotation for motor insurance or feels that the premium proposed or the terms are so excessive that it amounts to a refusal to give them motor insurance, they should contact Insurance Ireland, 5 Harbourmaster Place, IFSC, Dublin 1, Telephone +353 1 6761820 quoting the Declined Cases Agreement.

Carbon Tax Exemptions

Questions (168)

Jackie Cahill

Question:

168. Deputy Jackie Cahill asked the Minister for Finance if he will remove carbon tax on peat products (details supplied); and if he will make a statement on the matter. [10566/16]

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Written answers

The introduction of Carbon Tax was about sending a price signal that there is a cost associated with the consumption of fossil fuels to the detriment of the environment. In this regard solid fuels have the highest carbon content of all fossil fuels.  As a result they are considered the dirtiest fuels and given the environmental impact it is important they are taxed.

I am advised by the Commissioners that solid fuel traders who make taxable supplies of solid fuel are obliged to register with them for tax purposes and SFCT is subject to the full range of compliance interventions and enforcement provisions for self-assessed taxes. In circumstances where there are grounds to believe that tax due has not been paid, Revenue investigates the suspect person's tax liabilities and collects any unpaid tax, including unpaid income tax, SFCT and VAT, together with any interest or penalties due.

As part of its work against the shadow economy, Revenue chairs the Hidden Economy Monitoring Group (HEMG) to facilitate the reporting of information by traders through their representative associations. Solid fuel traders who suspect, or have evidence, that illegal and/or untaxed solid fuel is being sold in their area should report any information to their local authority and Revenue. Revenue has held a number of meetings with suppliers on matters relating to untaxed supplies of solid fuel and, in common with all such reports, the information received is treated confidentially and is investigated fully for evidence of unpaid tax liabilities.

Greenhouse gases are contributing to climate change and as a signatory to the UNCOP 21 Paris Agreement Ireland has committed to play its part in reducing emissions.  The carbon tax is deemed to be the most cost effective way of reducing overall emissions and therefore plays an important role of providing incentives for emission reduction activities in this regard, and it is important the tax is levied on all fossil fuels fairly to encourage less environmentally harmful behaviours.

Accordingly, I do not intend to reduce the rate of carbon tax on peat products.

Insurance Coverage

Questions (169)

Paul Murphy

Question:

169. Deputy Paul Murphy asked the Minister for Finance the steps he will take to ensure that persons who have suffered from flooding in an area (details supplied) will get adequate house insurance; and if he will make a statement on the matter. [10664/16]

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Written answers

I am aware of the difficulties that the absence or withdrawal of flood insurance cover can cause to homeowners and the recent flooding crisis has raised issues in relation to insurance and flooding. However, the provision of insurance cover and the price at which it is offered is a commercial matter for insurance companies and is based on an assessment of the risks they are willing to accept and adequate provisioning to meet those risks. 

In my role as Minister for Finance, I have responsibility for the development of the legal framework governing financial regulation.  Neither I, nor the Central Bank of Ireland, can interfere in the provision or pricing of insurance products or have the power to direct insurance companies to provide flood cover to specific individuals or businesses.

Government policy in relation to flooding is focused on the development of a sustainable, planned and risk-based approach to dealing with flooding problems, with a view to addressing the increased availability of flood insurance.  To achieve this aim, there is a focus on prioritising spending on flood relief measures, development and implementation of plans by the Office of Public Works (OPW) to implement flood relief schemes.

This strategy is complemented by a Memorandum of Understanding between the OPW and Insurance Ireland which provides for the transfer by the OPW of data in relation to completed flood defence schemes to the insurance industry, which should provide a basis for the increased provision of flood insurance in areas where works have been completed. 

The OPW informed me that they have they have not carried out any flood defence works in the area mentioned and they have no plans to do so. The area is not included in the 300 areas most at risk from flooding under the National Catchment Flood Risk Assessment & Management Programme (CFRAM). 

However, the OPW operates a scheme called the Minor Flood Mitigation and Coastal Protection Works Scheme under which funding can be made available to Local Authorities to carry out works or studies on flood mitigation and coastal protection.  The scheme applies to relatively straightforward cases of flooding where a solution can be readily identified by a local authority and achieved in a short time frame.  Applications are considered for projects that are estimated to cost up to €500,000. 

In 2012, OPW paid a sum of €333,000 under this scheme to South Dublin County Council for flood mitigation works in the Jobstown/Killinarden/Knockmore areas of Tallaght.  The works were designed to resolve issues which had given rise to a number of flood incidents in the area. 

It should be noted that remedial works carried out under this scheme are not covered by the Memorandum of Understanding between Insurance Ireland and OPW, as they are not built to the 1 in 100 years standard that large scale flood protection works carried out by the OPW are.

My officials are undertaking further research in the area of flood insurance which will include a comparative analysis of the different approaches to flood insurance taken in other countries. This will then feed into a report to Government from the Inter-Departmental Flood Policy Co-Ordination Group.

Tax Collection

Questions (170)

Michael Healy-Rae

Question:

170. Deputy Michael Healy-Rae asked the Minister for Finance the status of persons (details supplied) who are in tax arrears; and if he will make a statement on the matter. [9370/16]

View answer

Written answers

I am advised by Revenue that its clear preference is to engage with taxpayers experiencing tax payment difficulties and agree mutually acceptable solutions rather than deploying debt collection/enforcement sanctions to secure payment of outstanding liability.

However, such engagement is dependent on open and honest discussion by the taxpayer, including a clear commitment to agree a solution. Where the solution involves a phased payment arrangement, then interest, which is a statutory charge, must be included. The phased payment arrangement must also include clear commitment from the taxpayer in regard to the timely payment of future taxes as they fall due.

In regard to the specific case referred to by the Deputy, the persons in question have outstanding Capital Gains, Income Tax and Local Property Tax liabilities for various years which have not been addressed. As a consequence, Revenue recently issued notifications to the persons requesting payment within a specified period of time.

Revenue received no response from either of the persons in question or from their tax advisor in regard to the notifications issued nor was it made aware of the difficulties to which the Deputy refers.

The persons or their tax advisor should immediately contact the Office of the Collector-General at telephone 061 488753 to discuss the issues and to agree a mutually acceptable solution. Revenue has advised that any pending debt collection/enforcement activity will be temporarily put on hold to allow discussions to take place.

Insurance Costs

Questions (171)

Thomas Pringle

Question:

171. Deputy Thomas Pringle asked the Minister for Finance the steps he is taking to deal with the prohibitively high increases in insurance premiums for small businesses and individual drivers; if the increases in premiums demanded impact on the viability of businesses or the ability of persons to stay in employment and are a threat to the stability of the economy and, in turn, to the ability of the insurance industry to remain viable; to assist persons who cannot afford the increases being demanded; and if he will make a statement on the matter. [9419/16]

View answer

Written answers

As Minister for Finance, I am concerned that there should be a stable insurance sector and that risks to policyholders and to the wider financial system are limited. 

I am aware of reports on the increasing cost of motor insurance but, the ability of the Government to influence insurance pricing is limited as insurance companies are required under European law to price in accordance with risk.  Neither I, as Minister for Finance, nor the Central Bank of Ireland, have the power to direct insurance companies on the pricing of insurance products. 

I have consulted with the Central Bank on this issue and I am advised by the Central Bank that recent premium increases should contribute to restoring core underwriting profitability and securing the financial position of the firms concerned for the longer term.

While the provision and the pricing of insurance policies is a commercial matter for insurance companies, this does not preclude the Government from introducing measures that may, in the longer term, lead to a better claims environment that could facilitate a reduction in claims costs.

The question of the cost of insurance is a complex one involving a number of Government Departments, State Bodies and private sector organisations. 

My Department has commenced a Review of Policy in the Insurance Sector. This is being undertaken in consultation with the Central Bank, Departments and Agencies and other relevant stakeholders.  The objective of the Review is to recommend measures to improve the functioning and regulation of the insurance sector. 

This Review will include an examination of the factors contributing to the cost of insurance and will address how insurance costs affect all aspects of the economy, including individuals and small businesses.

Work on the Review will continue over the coming months. It is expected to be completed by the end of this year and the final report will be presented to Government in due course.

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