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Tuesday, 31 May 2016

Written Answers Nos. 87-107

Courts Service Data

Questions (87)

Michael McGrath

Question:

87. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of judgment mortgages applied for and granted in each year from 2010 to 2015; the total value of such judgment mortgages; and if she will make a statement on the matter. [13436/16]

View answer

Written answers

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service and I have no role in the matter. Section 4(3) of the 1998 Act provides that the Courts Service is independent in the performance of its functions, which includes the provision of information on the courts system. However, in order to be of assistance, I have had inquiries made and the information sought by the Deputy is set out in the tables.

Circuit and District Court

Judgment mortgage affidavits

Number lodged - Circuit Court

Number granted/issued - Circuit Court

Number lodged - District Court

Number granted/issued - District Court

2010

4,329

3,961

n/a

n/a

2011

4,974

4,990

n/a

n/a

2012

4,488

4,375

n/a

n/a

2013

3,283

3,282

n/a

n/a

2014

n/a

2,157

n/a

392

2015

n/a

1,824

n/a

1,763

Note:

(a) Data in relation to the value of Judgement Mortgages granted/issued is not recorded for statistical purposes.

(b) Data in relation to the number of Judgment Mortgage affidavits lodged, following a review of data collected, is no longer recorded since January 2014.

(c) Collation of data in relation to Judgement Mortgages granted/issued commenced in January 2014 in respect of the District Court.

High Court

Judgment mortgage affidavits

Number lodged

Number granted/issued

2010

2,896

2,896

2011

3,175

3,175

2012

3,638

3,638

2013

3,661

3,661

2014

2,937

2,937

2015

2,397

2,397

Note:

(a) The statistics refer to all valid applications dealt with in the High Court. There are no statistics maintained regarding invalid applications.

(b) Data in relation to the value of Judgement Mortgages granted/issued is not recorded for statistical purposes.

National Disability Strategy Implementation Plan

Questions (88)

Fergus O'Dowd

Question:

88. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality if she will respond to issues raised by the Irish Deaf Society (details supplied); and if she will make a statement on the matter. [13505/16]

View answer

Written answers

In 2013 the National Disability Authority (NDA) facilitated consultations with the Deaf Community in Ireland at my Department's request in relation to actions that could make improvements in the lives of deaf people. Submissions received as part of that process informed the National Disability Strategy Implementation Plan which was published in July 2013. As part of the follow-up to that initiative, in November 2013 the first special themed meeting of the National Disability Strategy Implementation Group focussed on the issue of Irish Sign Language. This meeting brought together representatives of relevant Departments, the NDA, the Deaf Community and other relevant stakeholders who reviewed the current situation across Government Departments and their Agencies with regard, in particular, to promoting recognition of Irish Sign Language, including in service provision. The Group also examined mechanisms which could promote the further use and recognition of Irish Sign Language and address practical implications for service users. Further to this meeting, the Deaf Community prepared a report to reflect their views on key actions and priorities.

As the Deputy will be aware, my Department is currently progressing a three Phase consultation process with a view to putting a new Disability Inclusion Strategy in place. Phase 2, which focused on agreeing high-level objectives for the Strategy, was completed at the end of 2015. Phase 3 will involve agreeing specific actions with timescales to deliver on each of the high-level objectives. This will commence shortly. I expect to have a set of draft actions for the Strategy for publication shortly. The consultations on this draft will include consideration by the National Disability Strategy Steering Group and, as with Phase 2, a series of regional consultation meetings. The Strategy will then be revised as necessary and submitted to Government for final approval.

Issues in relation to the Deaf Community have featured strongly in the consultation process to date and I intend that the new Disability Inclusion Strategy will respond credibly to the issues raised, including making a real difference in relation to facilitating the use of Irish Sign Language and ensuring that public bodies provide ISL users with ISL interpretation when availing of their statutory services.

Public Sector Staff Data

Questions (89)

Bernard Durkan

Question:

89. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of persons who have left the public service in her Department in each of the past five years to date, either by way of natural retirement or redundancy; the extent to which the national pay bill has been affected as a result; and if she will make a statement on the matter. [13622/16]

View answer

Written answers

The table provides details on the number of persons who have left the Department of Justice and Equality during the period May 2011 to May 2016. These numbers take account of people who have left my Department for a variety of reasons including, amongst others, retirement and by way of incentivised early retirement schemes.

Year

Exits

27 May 2011- 26 May 2012

66

27 May 2012- 26 May 2013

23

27 May 2013 - 26 May 2014

42

27 May 2014 - 26 May 2015

42

27 May 2015 - 26 May 2016

51

Total 27 May 2011 - 27 May 2016

224

As indicated in response to previous Parliamentary Questions, the reduction in the size of the public service contributed to a saving of more than €3 billion in the cost of the public service between 2009 and 2013. Further analysis of how the public service pay bill has been reduced during this period can be found in the report The Cost of the Public Service, which can be found on the Irish Government Economic and Evaluation Service website, available at: http://igees.gov.ie/wp-content/uploads/2013/10/The-Cost-of-the-Public-Service.pdf.

Criminal Prosecutions Data

Questions (90)

Jonathan O'Brien

Question:

90. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of the 29 victim requests for reviews of the Director of Public Prosecution’s decision not to prosecute since the implementation of the victims' directive, which resulted in the decision of the Director of Public Prosecutions being reversed; and if she will make a statement on the matter. [12508/16]

View answer

Written answers

The Director of Public Prosecutions is statutorily independent in the exercise of her functions. Therefore, it is not possible for me to provide the information sought by the Deputy.

Crime Data

Questions (91)

Jonathan O'Brien

Question:

91. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of prosecutions and convictions for rape and sexual assault and the number of these convictions that resulted in a non-custodial sentence or in a fully suspended sentence in each of the years 2009 to 2016 to date, in tabular format. [12509/16]

View answer

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 with a view to providing him with the available statistics in relation to the matters referred to.

Deaths in Prison

Questions (92, 93, 95, 98)

Jonathan O'Brien

Question:

92. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons who have died while in the custody of the Irish Prison Service in each of the years 2011 to 2016 to date, including the cause of death; and if she will make a statement on the matter. [12510/16]

View answer

Jonathan O'Brien

Question:

93. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the system in place for monitoring suicidal or vulnerable prisoners in the custody of the Irish Prison Service. [12511/16]

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Jonathan O'Brien

Question:

95. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of persons who have taken their own lives while in prison in each of the years 2009 to 2016 to date. [12513/16]

View answer

Jonathan O'Brien

Question:

98. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of each suicide prevention group in operation within each prison in the Irish Prison Service. [12516/16]

View answer

Written answers

I propose to take Questions Nos. 92, 93, 95 and 98 together.

All deaths in custody are the subject of a Garda investigation and an inquest held in the Coroner's Court. The cause of death is determined by a jury on the basis of the information presented to the Coroner’s Court.

The Irish Prison Service has confirmed that there were 3 deaths determined as being death by suicide in 2009, and 3 deaths determined as death by suicide in 2010.

The Irish Prison Service has also advised that the numbers of persons who died in its custody in the period from 2011 to date is 43. There are a number of inquests pending and the cause of death is therefore not available in all cases. The Irish Prison Service has confirmed the following:

- There were 6 deaths in custody in 2011, 1 was determined as being a death by suicide, 4 as death by misadventure, and 1 was a narrative verdict in accordance with the medical evidence given to the Coroners Court.

- There were 5 deaths in custody in 2012, 2 were determined as being death by suicide, 1 as being a death by misadventure, 1 was an open verdict, and 1 inquest is pending.

- There were 9 deaths in custody in 2013, 2 were determined as being a death by suicide, 1 as a death by misadventure, 2 from natural causes, 1 was an open verdict, and 3 inquests are pending.

- There were 8 deaths in custody in 2014, 2 were determined as being a death by suicide, 1 as a death by misadventure, 1 was from natural causes, 1 was an open verdict, 1 was a narrative verdict in accordance with the medical evidence given to the Coroners Court, and 2 inquests are pending.

- There were 14 deaths in custody in 2015, of which 1 has been determined as an open verdict, and 13 inquests are pending.

- There has been one death in custody to date in 2016, this inquest is still pending.

The circumstances of each death in custody and incident of self-harm are examined by a suicide prevention group in each institution. The groups are chaired by the Prison Governor, and include representatives from the various services, including the Prison Doctor, Psychiatry, Psychology, Chaplaincy, Probation, Education, and Prison staff. The Groups are required to meet quarterly, or more often if necessary. Their examinations fully cover the background and circumstances of each death. Their objective is to identify, where possible, measures which might be implemented to contribute to a reduction in the risk of deaths in the future. In addition, the National Suicide and Harm Prevention Steering Group chaired by the Director General, Irish Prison Service, provides a forum for collating the reports of the local Suicide Prevention Committees and disseminating significant findings throughout the prison system.

The Irish Prison Service has also advised that a comprehensive training programme in Mental Health Awareness is being delivered to all staff within the prison service to deal with persons in custody who present with mental health difficulties.

All prisoners on committal to prison, receive a comprehensive health assessment which includes a risk assessment for mental health issues. Management interventions to ensure the prisoners safety including recommendations on accommodation within the prison, observation levels to be conducted on the prisoner, increased healthcare inputs, and any other specific measures that may be appropriate are implemented to reduce the risk in individual cases. In such cases, further assessments are undertaken by the in-reach mental health services, and a multi-agency approach to deal with prisoners needs. Where appropriate, prisoners are kept under review by both the local healthcare team and the in-reach mental health specialists, and are reviewed at a weekly multi-agency meeting.

Inspector of Prisons Reports

Questions (94)

Jonathan O'Brien

Question:

94. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of the implementation of recommendations set out in the report of an investigation by the Inspector of Prisons, Judge Michael Reilly, into the handling of the sentencing, release and post-release procedures in a criminal matter. [12512/16]

View answer

Written answers

I wish to inform the Deputy that following receipt of the Report of an Investigation into the handling of the sentencing, release and post release procedures in a criminal matter by the Inspector of Prisons, Judge Michael Reilly, Mr. Pat Folan, former Director General of the Irish Naturalisation and Immigration Service, was appointed by the then Minister, Mr. Dermot Ahern, to chair a group to oversee the implementation of the recommendations. The Implementation Group reported in September 2010 on the progress achieved and the report is available on the Department website www.justice.ie. As the Deputy may be aware all of the recommendations identified for immediate action have been implemented. I have sought an update from the relevant agencies on the implementation of the longer term recommendations identified in the report and I will revert to the Deputy as soon as I have this information to hand.

Question No. 95 answered with Question No. 92.

Irish Prison Service

Questions (96)

Jonathan O'Brien

Question:

96. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the changes that have been made within the Irish Prison Service since the death of a person (details supplied) with regard to treating suicidal prisoners; and the status of the recommendations Judge Michael Reilly made in the aftermath of this. [12514/16]

View answer

Written answers

I am advised by the Irish Prison Service that the inquest into the death of the person referred to is ongoing. The decision as to the cause of death is a matter for the Coroner.

The Irish Prison Service has confirmed that it is fully considering the findings and recommendation of the Inspector of Prisons in his Report into this matter, and it will ensure that all appropriate action is taken.

Drugs in Prisons

Questions (97)

Jonathan O'Brien

Question:

97. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the measures she is taking to prevent the influx of drugs and alcohol into the prison system. [12515/16]

View answer

Written answers

I wish to advise the Deputy that a wide range of security measures are in place which are aimed at reducing the supply of contraband into prisons. The rollout of enhanced security measures has made it more difficult for prisoners and visitors to secrete contraband and improvised weapons.

The Operational Support Group (OSG) has prison officers assigned across its three areas, the Security Screening Unit, the Canine Unit and the Operational Support Unit, which have responsibility for scanning equipment such as airport style walk through detectors. X-ray scanners are also provided to each closed prison and all hand bags, briefcases, packages, coats etc. are subject to screening. Stricter searching is carried out on all persons committed to custody and prisoners returning from court, temporary release, after visits or on receipt of intelligence.

Other existing security measures include the installation of nets over exercise yards to prevent access to contraband items, including mobile phones and drugs, use of phone detectors and blocking technology, the introduction of hand held metal detectors and the introduction of Body Orifice Security Scanner (BOSS) Chairs which are used to scan all prisoners for metal secreted in their body cavities. In addition the introduction of booked visits, greater use of screened visits; greater vigilance in examining mail by prison censors and searching of other items entering the prison also contribute to preventing the entry of contraband into prisons.

Prisoners identified as exerting undue influence or pressure over other prisoners receive close and continued attention and targeted searching from the Operational Support Group and prisoners identified as threat to good order and security of any prison can be and are removed from normal regime activity.

Nevertheless, the Irish Prison Service recognises that constant improvements are required in this area. Additional security measures implemented during 2015 and 2016 were aimed at further enhancing the security of our prisons. Such measures included the introduction of a new free confidential telephone line in 2015 where prisoner, visitors, staff or members of the public with information on the trafficking of prohibited items into our prisons can pass on that information in the strictest confidence.

Question No. 98 answered with Question No. 92.

Garda Resources

Questions (99)

Jonathan O'Brien

Question:

99. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of the new regional support unit within An Garda Síochána, including the resources and the number of personnel she will allocate to it. [12517/16]

View answer

Written answers

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors, including crime trends, demographics and security assessments relating to the area in question so as to ensure that optimal use is made of Garda resources.

I am advised by the Garda Commissioner that the deployment of Garda armed units is directed at highly dangerous threats, whether from organised crime or terrorism. An Garda Síochána’s primary armed special intervention capacity is in the Emergency Response Unit, which forms part of the Special Detective Unit. The Garda armed response capability is supported by a number of regionally located and deployed Armed Support Units which can provide mobile armed intervention support in extreme incidents in regional locations.

At the request of the Commissioner earlier this year, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area. Funding was approved for the establishment of a dedicated Armed Support Unit for the Dublin Metropolitan Region given the identified need to enhance armed support capability in Dublin and to free up the resources of the Emergency Response Unit.

The Dublin Armed Support Unit is, as a matter of priority, in the process of being set up and trained and I understand that it will have a complement of some fifty five Garda members. Steps are also being taken to ensure that the Unit is fully equipped and to upgrade the equipment available to the Emergency Response Unit and the Special Detective Unit.

Criminal Legal Aid

Questions (100)

Jonathan O'Brien

Question:

100. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality to expand on the programme for Government pledge to clamp down on potential abuses of the criminal legal aid scheme; the number of times this abuse has been detected during each of the years 2011 to 2016 to date; the definition of abuse of this scheme that her Department is using for the purposes of identifying abuse; and the legal remedies available when abuse is detected and proven. [12519/16]

View answer

Written answers

The Programme for Partnership Government states that a more rigorous and objective means testing process for applications for criminal legal aid will be introduced along with increased sanctions for the making of false declarations by applicants.

Proposals for new Criminal Legal Aid legislation are currently being prepared to update and strengthen the system of granting legal aid including transferring responsibility for its administration to the Legal Aid Board. Key to the better governance of the Scheme will be a provision which will make it mandatory for all applicants for legal aid to complete an application form along with a detailed statement of means. The proposed measures would include provisions to enable the Board to investigate the means of a person to whom legal aid was granted and, where abuse is detected and it is proven that false or misleading information was provided, such a person shall be guilty of an offence and shall be liable on summary conviction to a fine and or imprisonment.

Ministerial Correspondence

Questions (101)

Jonathan O'Brien

Question:

101. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of times she has had contact with the Garda Commissioner by telephone, in person or by any other method of communication since the publication of the O’Higgins report; the number of these communications that mentioned the report; and if she will make a statement on the matter. [12520/16]

View answer

Written answers

As the Minister for Justice and Equality I have regular discussions with the Garda Commissioner in relation to various aspects of policing, crime and the security of the State. In accordance with long-standing practice and precedent I do not propose to give details of those discussions.

Departmental Reports

Questions (102)

Jonathan O'Brien

Question:

102. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will publish an inquiry report by Mr. Justice Frank Clarke on how the Garda Ombudsman investigators conduct their work; the date on which it will be published; and if she will make a statement on the matter. [12521/16]

View answer

Written answers

The Deputy is referring to the inquiry conducted by Mr Justice Frank Clarke of the Supreme Court under section 109 of the Garda Síochána Act 2005, into the conduct of GSOC designated officers.

I can confirm that I have received the report of Mr Justice Clarke. As a first step, the Attorney General was consulted on how to proceed in relation to the report.

It is my intention, subject to any legal considerations, to publish the report shortly.

Prison Education Service

Questions (103)

Jonathan O'Brien

Question:

103. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the education or literacy needs of persons are assessed when they enter the custody of the Irish Prison Service. [12522/16]

View answer

Written answers

I am advised by the Irish Prison Service that literacy supports form an important element of the prison education curriculum. The literacy curriculum concentrates on the needs of the individual and aims to improve self-esteem and build confidence.

All prisoners who come into the Education Centre of each prison have an individual interview to assess their educational attainments, needs and interests. Those with literacy difficulties are identified at this stage and are prioritised for support. Such prisoners are asked to undertake the Adult Basic Education (ABE) test to assess their literacy levels.

The Irish Prison Service is currently exploring the feasibility of surveying the prison population using the 8 key competences for lifelong learning as defined by the European Commission. These include literacy and language competence along with mathematical and digital competence. Expressions of Interest have been sought from Irish Universities to enter into a research partnership with the Irish Prison Service to undertake this survey.

I can inform the Deputy that the education service in Irish Prisons devotes considerable resources to the provision of basic literacy education for persons in custody. In conjunction with this professional service the Irish Prison Service facilitates a peer led basic literacy service amongst persons in custody called “Toe by Toe” where those with poor literacy and/or learning difficulties are mentored by individual volunteers who are also persons in custody but who receive specific training in this regard.

The Department of Education & Skills on a partnership basis provides the Irish Prison Service with 220 whole time equivalent teaching posts. I am informed by officials in the Irish Prison Service that many of these educators have completed modular courses in dyslexia, ESOL ( English for Speakers of Other Languages), adult literacy etc, and frequently work with students in prison on a one-to-one basis.

Prison Education Service

Questions (104)

Jonathan O'Brien

Question:

104. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the details of education provision in Irish prisons. [12523/16]

View answer

Written answers

I have been advised by the Irish Prison Service that broad programmes of education are provided in each prison, which generally follow an adult education approach. The aim of the Education Service is to deliver a high quality, broad, flexible programme of education that helps prisoners cope with their sentence, achieve personal development, prepare for life after release and establish an appetite and capacity for life-long learning.

Educational services are available at all institutions and are provided in partnership with the Educational Training Boards (ETBs) and a range of other educational agencies. The Department of Education and Skills provides an allocation of 220 whole-time teacher equivalents to the prisons through the ETBs in the current academic year 2015/16. The Service seeks to deliver relevant programmes that cater for holistic needs, ensure broad access and high participation, and prioritise those with basic education needs. It promotes the principles of adult and community education and supports a multi-disciplinary approach within the prison system.

Programmes are adapted to take account of the diversity of the prisoner population and the complex nature of prison life, including segregation requirements and high levels of prisoner turnover. Educational courses and curricula which are based on individuals participating in one or more subject areas for an academic year and then sitting examinations are only appropriate for a small number of prisoners.

The Junior and Leaving Certificate courses are available but increasing numbers of prisoners require a more flexible curriculum which has multiple entry and exit points that take account of prior educational attainment. FETAC accreditation is therefore widely used with assessment by portfolio compilation. All prison Education Centres meet the quality assurance standards demanded by FETAC.

Organisations who provide in-reach education and complementary roles include Open University, the Samaritans, the Red Cross, Grow, Toe by Toe, Writers and Artists in prison. Other courses run through the education centres include pre-release programmes, parenting, hairdressing and Alternatives to Violence.

The Irish Prison Service has recently completed a new joint Education Strategy with the ETBs for the 2016 to 2018 period. The Strategy encompasses the following broad areas:

strategic Action 1: Supporting the Prison Education Service.

Strategic Action 2: Accredited and Non-Accredited Education and Digitalisation

Strategic Action 3: Consultation and Integration

Strategic Action 4: Service Quality Benchmarking

I will be launching this Joint Strategy along with the new 3 Year Strategic Plan for the Irish Prison Service next month.

Judicial Reviews

Questions (105)

Jonathan O'Brien

Question:

105. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she is aware of other jurisdictions developing problem solving courts where judges review the progress of appropriate convicted offenders after sentence with the aim of imposing non-custodial sentences; and the potential for a similar pilot scheme here. [12524/16]

View answer

Written answers

While monitoring and certain decisions regarding the management of sanctions is undertaken by members of the Judiciary in some jurisdictions, sentencing courts in this jurisdiction are constrained, following a Supreme Court ruling, on reviewing sentences they have passed. However, as the Deputy will be aware, we have had a dedicated Drug Treatment Court operating in Ireland for some time now. This is a problem solving court and makes an important contribution, not least as an alternative to prison. The Drug Treatment Court operates on the basis that a criminal matter has not proceeded to formal conviction and the presiding Judge reviews matters at each adjournment, frequently over an extended period of time, to assess progress, before the matter before the Court is eventually finalised. The catchment area served by the Drug Treatment Court was significantly expanded in July 2013 to encompass the whole of County Dublin and the programme has also found a way to facilitate participants from outside of Dublin, with participants from Portlaoise and Cork being admitted in 2015.

Apart from the Drug Treatment Court, courts in Ireland place several thousand defendants every year under the supervision of the Probation Service in the community, either without proceeding to conviction or post-conviction. Defendants can be placed on Probation Orders or supervised by Probation Officers during deferment of penalty. Both of these sanctions operate without proceeding to conviction and the defendant can be called back to Court to answer the original matter, if they fail to comply with supervision. Courts also have a number of other sanctions, incorporating supervision in the community by a Probation Officer, available to them as a post-conviction measure. These are Community Service Orders, fully suspended sentences with supervision and part-suspended sentence Supervision Orders and post-release Supervision Orders. Constitutionally, any post-conviction review is not possible.

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 which is a problem-solving court. Building on the recommendations of the Joint Oireachtas Committee on Justice, Defence and Equality, the Working Group has been considering proposals to enhance 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 would build on An Garda Síochána's Adult Cautioning Scheme which has the potential to respond more effectively to one-off and repeat, low level offending with the emphasis on speedy processing aimed at reducing the risk of re-offending and would also offer quick referral to the necessary services. Issues such as the format and most appropriate model that would apply to the Irish system are under active consideration in my Department and I anticipate to have more definite details on this initiative in the near future.

Court Orders

Questions (106, 223, 224, 225)

Clare Daly

Question:

106. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality to investigate the behaviour of members of An Garda Síochána during an eviction (details supplied), specifically gardaí permitting breaches of the Road Traffic Acts. [12531/16]

View answer

Mick Wallace

Question:

223. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she is has been made aware of reports of intimidation by gardaí accompanied by persons in balaclavas when carrying out evictions (details supplied); the measures she is taking to prevent intimidating behaviour of this nature; and if she will make a statement on the matter. [13478/16]

View answer

Mick Wallace

Question:

224. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if members of An Garda Síochána are required to present a warrant in person when carrying out evictions or if it is sufficient for the warrant to be in the courthouse; and if she will make a statement on the matter. [13479/16]

View answer

Mick Wallace

Question:

225. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality the procedures and rules for gardaí carrying out evictions; if there are guidelines on how many persons are permitted to accompany the garda carrying out the eviction; if all persons accompanying the garda must be members of An Garda Síochána; if all persons carrying out evictions must be identifiable with identification cards; and if she will make a statement on the matter. [13480/16]

View answer

Written answers

I propose to take Questions Nos. 106 and 223 to 225, inclusive, together.

As the Deputies are aware, I have no role in relation to executing court orders. The courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions. It is therefore not open to me to comment or intervene in any way on the conduct or decision of a particular court case which is a matter entirely for the presiding judge.

The Sheriff (or County Registrar acting as Sheriff) is responsible to the Court for the Enforcement of the Court Orders and the law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder and I have no function in this matter.

Any dispute in relation to the enforcement of a Court Order is a matter for the Courts.

The Garda Commissioner is directly responsible for operational matters, including the direction and control of Garda members and I have no direct role in relation to these matters. It is of course open to any person who has a concern about the behaviour of members of the Garda Síochána to register a complaint with the Garda Síochána Ombudsman Commission (GSOC) which is the independent body established by law, with extensive powers, to investigate any allegations of Garda wrongdoing.

Garda Stations

Questions (107, 113, 213, 228)

Josepha Madigan

Question:

107. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality when she will commence the review of the dispersal of Garda stations; who will conduct it and make the decision; the criteria it will use in determining which six stations will be opened; how long it will take and when will it make a decision; how soon after the review she will open the six Garda stations; and how long the pilot project will last. [12532/16]

View answer

Jonathan O'Brien

Question:

113. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the cost of reopening each Garda station that was closed as a result of the rationalisation programme; the saving from closing these stations, in total and by station, in tabular form. [12560/16]

View answer

Jim O'Callaghan

Question:

213. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the process of reviewing Garda station closures will commence; and the way in which that process will proceed. [13160/16]

View answer

Catherine Martin

Question:

228. Deputy Catherine Martin asked the Tánaiste and Minister for Justice and Equality her plans to reopen a Garda station (details supplied); and the timeline and process of doing same. [13535/16]

View answer

Written answers

I propose to take Questions Nos. 107, 113, 213 and 228 together.

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. 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.

The Deputies 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.

I understand that the estimated savings on utilities and maintenance as a result of the closure of each station building is approximately €4,000 per annum giving an estimated total saving to the state of €556,000 per annum. I am advised that compiling a report in relation to the cost of reopening each and every station closed would involve a disproportionate amount of time and resources. However, I would stress that the key objective involved when closing Garda stations was to promote the more efficient and effective deployment of resources rather than to secure modest cash savings.

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 to the House.

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