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Wednesday, 22 Jun 2016

Written Answers Nos. 78 - 87

Drugs Crime

Questions (78)

Maureen O'Sullivan

Question:

78. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality her plans to work with other jurisdictions on drug-related crime, with a particular emphasis on assets in foreign banks, financial institutions, property and so on; and if she will make a statement on the matter. [17592/16]

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Written answers

Drugs and organised crime continue to be prioritised by An Garda Síochána as a core focus for 2016 through An Garda Síochána’s National Policing Plan.

Given the global nature of the drugs trade international law enforcement co-operation remains a key element in the overall response.

An Garda Síochána already has strong and strategic partnerships in place at international level targeting drug trafficking including, for example, those established through Interpol and Europol, as well as Ireland's participation in the Maritime Analysis Operations Centre for Narcotics based in Lisbon. An Garda Síochána has Garda Liaison Officers based on a full-time basis in other EU Member States, including the Netherlands, France, United Kingdom, Spain and Portugal.

An Garda Síochána also participate in a number of other European projects targeting the supply of drugs. In this regard, An Garda Síochána is currently conducting a number of ongoing operations in co-operation with Revenue Customs and other international law enforcement units which are being supported by Europol and Interpol and which target persons suspected to be involved in international drug trafficking.

The Criminal Assets Bureau is also engaged in ongoing co-operation with other international law enforcement agencies in the pursuance of its statutory remit including with other national authorities, Interpol and Europol. The Bureau is also a member of two networks, the Camden Assets Regional International Network and the EU Assets Recovery Network which link it closely to agencies involved in the recovery of the proceeds of crime internationally. The Annual Reports of the Bureau provide many examples of the level of co-operation in respect of investigations which have been concluded.

Ireland is also a party to a number of international instruments under the auspices of the United Nations, Council of Europe and European Union which provide for co-operation in targeting money laundering and the proceeds of crime. Under the mechanisms established to monitor implementation and to review the effectiveness of the measures contained in these instruments, my Department and An Garda Síochána, as well as other agencies, are engaged in the ongoing development of international responses in this regard.

Immigration Policy

Questions (79)

Maureen O'Sullivan

Question:

79. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if she is aware of the work of the Immigration Consultants of Canada Regulatory Council (details supplied); if she considers a comparable immigration consultants regulatory framework to be desirable for Ireland; and if she will make a statement on the matter. [17593/16]

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Written answers

I wish to advise the Deputy that I have requested officials in the Irish Naturalisation and Immigration Service (INIS) of my Department to examine the matter.

Gangland Crime

Questions (80, 89)

Bernard Durkan

Question:

80. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality her proposals to encourage support for An Garda Síochána in its fight against criminal activity, including criminal gangs; if she is satisfied regarding the resources available to the force to meet this challenge; and if she will make a statement on the matter. [17602/16]

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Bernard Durkan

Question:

89. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána can engage with and offer support to local communities that have suffered or continue to suffer from the attention and influence of criminal gangs; and if she will make a statement on the matter. [17611/16]

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Written answers

I propose to take Questions Nos. 80 and 89 together.

I can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.

An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in this regard including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.

In light of the exceptional threat to the safety of the community arising from the recent activities of criminal gangs, a number of new initiatives have been announced including legislative proposals to provide additional powers to the Criminal Assets Bureau in targeting the proceeds of crime, an additional allocation of €55 million to be made available to An Garda Síochána this year in support of targeted measures, as well as the proposals for accelerated recruitment into An Garda Síochána.

The Garda Commissioner has also announced the establishment of a new Garda Special Crime Task Force to augment existing responses to organised crime at a local level.

In addition, at the request of the Garda Commissioner earlier this year, funding was approved for the establishment of a dedicated Armed Support Unit (ASU) for the Dublin Metropolitan Region in order to enhanced armed support capability in Dublin and to free up the resources of the Emergency Response Unit.

I can also assure the Deputy that the 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.

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.

Garda Strength

Questions (81)

Bernard Durkan

Question:

81. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she expects the strength of An Garda Síochána to increase over the next three years and in such numbers to reassure members of the public concerning their right to live in safety without fear or threat from criminal activity; and if she will make a statement on the matter. [17603/16]

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Written answers

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.

As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and 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 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November.

The Programme for Government, "A Programme for a Partnership Government" commits to continuing the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000. Taking account of projected retirements, the current rate of recruitment 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 am 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.

In accelerating recruitment it is, of course, essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims, and the public generally, are well served by their policing service. My officials are also engaging with Garda management as a matter of priority in relation to the preparation of a recruitment plan for the next five years that will deliver increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme. I expect to be in position to bring my proposals in this regard to Government before the Summer.

Garda Resources

Questions (82)

Bernard Durkan

Question:

82. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she can give assurance that adequate resources remain available to An Garda Síochána to intensify policing activity in areas currently beset with the threat of criminal gangs; and if she will make a statement on the matter. [17604/16]

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Written answers

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.

The Deputy will be aware that the Government recently approved some €55 million, based on estimates provided by Garda management, to maintain the necessary policing response to tackle gangland and associated crime. This will allow for:

- concentrated policing targeting gang related crime;

- the continued intensive and strategic targeting of burglaries and related crime through ongoing support for Operation Thor; and

- continued support for measures against terrorism.

The Deputy will also be aware of the significant funding of some €46 million for the Garda Fleet and the €205 million investment in Garda ICT under the Capital Plan.

In addition, the Government is committed to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.

I am determined to ensure that An Garda Síochána continues to be sufficiently resourced to meet the many challenges with which it is faced.

Organised Crime

Questions (83)

Bernard Durkan

Question:

83. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which best policing practices continue to be put in place to meet the threat of organised or other criminal activity; if other police forces throughout Europe or globally have identified the optimum in this regard; and if she will make a statement on the matter. [17605/16]

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Written answers

The Report of the Garda Inspectorate on Crime Investigation has provided a welcome analysis of An Garda Síochána's investigative processes.

As noted by the Inspectorate the recommendations made in the Report are intended to ensure that An Garda Síochána's investigative processes align with, and even exceed international practice.

Following the publication of the Inspectorate's Report, a Strategic Transformation Office was established at Garda Headquarters to coordinate the implementation of the reforms arising from the Inspectorate’s report.

The recommendations in the Report also form an important component in the overall justice reform programme which has been put in place in recent years. Implementation of this programme is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach, and this Committee has taken on a role in overseeing delivery of the reforms recommended by the Inspectorate.

The implementation of these reforms is clearly supported by the significant investments which have been made in policing resources, under the framework of the Capital Plan 2016-2021, including €205 million for Garda technology and systems.

The Report rightly acknowledges the dedication and commitment of members of An Garda Síochána. An Garda Síochána day in day out has considerable success in bringing offenders to justice and keeping our communities safe.

I am satisfied with the progress being made. I am in ongoing contact with the Commissioner in relation to the wide range of issues arising from the Inspectorate report and expect to continue to receive regular updates on progress. There will also of course be a central role for the Policing Authority in overseeing the implementation of the reforms identified by the Inspectorate.

Crime Prevention

Questions (84)

Bernard Durkan

Question:

84. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which legislative changes to criminal law are contemplated with particular reference to the availability of bail to recidivists; if lessons can be learned from other jurisdictions in this regard; and if she will make a statement on the matter. [17606/16]

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Written answers

I can assure the Deputy that, as part of the Government's response to crime, one of our major objectives is to focus on the key area of strengthening the law to get tougher on serious and repeat offenders. In that context the new Bail Bill, which is being drafted on a priority basis in accordance with the Programme for a Partnership Government, will specifically provide that the courts must have regard to persistent serious offending by an applicant for bail.

As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the court which is independent in the exercise of its judicial functions and there is a constitutional presumption in favour of bail because an accused person is taken to be innocent until proven guilty. Accordingly, the Deputy will appreciate that measures adopted in other countries in respect of bail would not necessarily be appropriate in our jurisdiction but I might mention that the new Bail Bill will include a provision to enable evidence of previous convictions abroad to be admitted in the courts in bail proceedings.

Legal Aid

Questions (85)

Bernard Durkan

Question:

85. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which free legal aid is abused by criminals; and if she will make a statement on the matter. [17607/16]

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Written answers

As the Deputy will be aware, under the Criminal Justice (Legal Aid) Act 1962 the courts, through the judiciary, are responsible for the granting of legal aid. Applicants for legal aid must establish to the satisfaction of the court that their means are insufficient to enable then to pay for legal representation. The Act specifies that the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.

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.

Garda Transport Provision

Questions (86)

Bernard Durkan

Question:

86. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she expects to be in a position to enhance the transport fleet of An Garda Síochána throughout County Kildare and the country in general, with particular reference to meeting the requirements as set out by the Garda Síochána authorities in the respective divisions; and if she will make a statement on the matter. [17608/16]

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Written answers

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

The Deputy will be aware that, in recent times, the Government has made considerable funding available to provide An Garda Síochána with additional high-powered vehicles, patrol cars (marked and unmarked) and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community.

In summary, over €34 million has been invested in the fleet since 2012, with over 720 new vehicles coming on stream since the start of 2015, and a further €46 million is being provided under the Government's Capital Plan 2016 - 2021.

I am advised by the Garda authorities that as of 20 June, the strength of the Garda Fleet is 2,738 vehicles. In addition, 253 new Garda vehicles have been allocated nationally in 2016. This information is set out as follows:

Garda Fleet Strength as at 20 June 2016

CARS

VANS

MOTORCYCLES

4X4'S

OTHER

Total

1,976

446

118

107

91

2,738

National Allocation of new Garda Vehicles - 2016

CARS

CARS

VANS

MOTORCYCLES

4X4'S

OTHER

Total

Marked

Unmarked

17

102

65

28

30

11

253

The following tables provide an overview in relation to the strength of the Kildare Division Fleet as of 20 June, which is the latest date for which such information is available, and the number of new vehicles assigned to that Division so far this year. I informed that the allocation of Garda vehicles is monitored and reviewed on a continual basis and vehicles are allocated between districts as required by operational circumstances.

At present there are 51 vehicles assigned to the Kildare Division with 7 new vehicles being assigned in 2016. The Kildare Division forms part of the Eastern Garda Region and I am informed by the Garda authorities that a number of additional vehicles are due to be allocated to Eastern Region following delivery and fit out. It will be a matter for the Assistant Commissioner, Eastern Region to allocate these vehicles between stations as required by operational circumstances.

Kildare Division Fleet Strength, as of 20 June 2016

-

CARS

CARS

VANS

MOTORCYCLES

4X4

OTHER

Total

DISTRICT

MARKED

UNMARKED

KILDARE

10

7

3

0

2

0

22

LEIXLIP

5

4

1

0

0

1

11

NAAS

8

4

4

2

0

0

18

TOTAL

23

15

8

2

2

1

51

New vehicle allocation to Kildare Division - 2016

-

CARS

CARS

VANS

MOTORCYCLES

4X4

OTHER

Total

DISTRICT

MARKED

UNMARKED

KILDARE

0

2

1

0

2

0

5

LEIXLIP

0

1

0

0

0

0

1

NAAS

0

0

1

0

0

0

1

TOTAL

0

3

2

0

2

0

7

Garda Resources

Questions (87)

Bernard Durkan

Question:

87. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which policing practices here are in line with those applicable in other jurisdictions, with particular reference to the availability to the police of the relevant resources required at all levels, including foot and motorcycle patrols to facilitate community policing and the use of modern technology, intelligence and rapid response to challenge emerging criminal activity; and if she will make a statement on the matter. [17609/16]

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Written answers

This Government is committed to ensuring a modern, effective and visible police presence throughout the country in order to provide reassurance to citizens and prevent crime. The Deputy will be aware that this commitment is underlined by very significant investments in Garda resources.

On June 9 2016 the Garda Commissioner launched a five year programme to professionalise, modernise and renew An Garda Síochána, to ensure that it can meet present and future policing and security challenges. Important elements of the Garda plan include

- increased Garda visibility with crime prevention being the number one priority

- victims being placed at the heart of the Garda service

- introduction of advanced IT systems introduced to enhance the investigation of crime

- enhanced collaboration with national and international partners to tackle and disrupt terrorism and organised crime

The Garda modernisation plan was developed with the benefit of inputs from Garda personnel and community stakeholders, as well as the experience of police forces in other jurisdictions. The measures in the plan also respond to reports and recommendations of the Garda Inspectorate and the Garda Síochána Ombudsman Commission.

Implementation of the Garda modernisation programme is strongly supported by the range of investments in policing resources which have been put in place. These investments will facilitate high visibility policing with the provision of high-powered vehicles, marked and unmarked patrol cars, and motorcycles. Provision under the Capital Plan 2016-2021 includes €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. This is in addition to the €34 million that has been invested in the fleet since 2012 with over 720 new vehicles coming on stream since the start of 2015.

In addition, some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.

The Deputy will also be aware of the recent additional investment of €55 million in policing resources in 2016 which will make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime via Operation Thor, as well as tackling those involved in the recent incidents of violent gang-related crime.

All Garda activities will also undoubtedly benefit from the resources now coming on stream through the Garda recruitment programme, and in particular the Government's commitment to increase Garda numbers to 15,000. We are working on measures to accelerate this programme so as to ensure that the Commissioner has the capacity to address the needs of communities throughout the country and into the future.

Taken together, these investments represent a step-change in the overall provision for An Garda Síochána and demonstrate the Government's commitment to investing in 21st Century policing so that Gardaí can be mobile, visible and responsive in the community to prevent and tackle crime.

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