Seán Fleming
Question:89. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when the private security appeal board will be established; and if she will make a statement on the matter. [19251/16]
View answerPrivate Security Industry Regulation
Questions (89)
Written answers
The Private Security Appeal Board (PSAB) is an independent body established under the Private Security Services Act 2004, as amended, to consider appeals against decisions of the Private Security Authority. The PSAB is, in accordance with provisions of the 2004 Act, independent in the performance of its functions. I wish to inform the Deputy that the necessary arrangements are currently in train to appoint a new Board following the expiration of the term of appointment of the previous Appeal Board.
Garda Complaints Procedures
Questions (90)
Brendan Howlin
Question:90. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the status of the statutory inquiry into allegations of Garda misconduct made by the former chief executive of the Irish Small and Medium Enterprises Association; the timeframe she envisages for this inquiry; the terms of reference for the inquiry; and if she will make a statement on the matter. [19258/16]
View answerWritten answers
The Deputy refers to a case which has been the subject of a review carried out under the Independent Review Mechanism set up by the Government to consider complaints of Garda misconduct.
In the case referred to in the Deputy's question, counsel recommended that a non-statutory inquiry should be established to consider the issues raised by the complainant. I accepted the recommendation of counsel and informed the person of my decision to establish a non-statutory inquiry.
Subsequently, in consultation with the Attorney General, I decided that the issues raised in this case would be better addressed by establishing a statutory inquiry under section 42 of the Garda Síochána Act. The principal reason for my decision in this regard was that I believe that a statutory inquiry provides a clear legislative framework, particularly in terms of the powers available to the person appointed to carry out the inquiry. This fact was communicated to the person on 18 May 2016.
I am currently consulting with the Attorney General about the terms of reference. In accordance with section 42 of the Garda Síochána Act 2005 I will also be consulting with the Policing Authority before specifying the terms of reference for the inquiry. I will, therefore, be in further contact with the person referred to by the Deputy in due course.
Insurance Industry
Questions (91)
Michael McGrath
Question:91. Deputy Michael McGrath asked the Tánaiste and Minister for Justice and Equality the number of prosecutions brought to court, the number of convictions secured for fraudulent insurance claims and a breakdown of the class of insurance, such as car insurance, fire insurance, flood insurance and public liability for each of the years from 2011 to 2015 and 2016 to date, in tabular form; the penalties that can be imposed in respect of convictions for this criminal offence; and if she will make a statement on the matter. [19265/16]
View answerWritten answers
The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I understand that while statistics in relation to fraud offences are produced the breakdown in relation to insurance fraud requested by the Deputy is not recorded in the official crime figures. However, to be of assistance I have asked the CSO to forward the available statistics in relation to the matters referred to directly to the Deputy.
Insofar as the question of penalties is concerned, depending on the individual circumstances of the case, the following offences in the Criminal Justice (Theft and Fraud Offences) Act 2001 may be relevant:
Section 6 (Making gain or causing loss by deception) provides that a person who dishonestly, with the intention of making a gain for himself or herself or another, or of causing loss to another, by any deception induces another to do or refrain from doing an act is guilty of an offence. A person is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 5 years or both.
Section 25 (Forgery) provides that a person is guilty of forgery is he or she makes a false instrument with the intention that it shall be used to induce another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, to the prejudice of that person or any other person. A person is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both. There are also offences of ‘Using false instrument’ (section 26), ‘Copying false instrument’ (section 27), ‘Using copy of false instrument’ (section 28), ‘Custody or control of certain false instruments, etc.’ (section 29). The definition of 'instrument' is contained in section 24 and includes a certificate of insurance.
In addition, the following penalties exist in the Civil Liability and Courts Act 2004 in relation to personal injury claims:
Section 25 of the Act makes it an offence to give or adduce or dishonestly cause to be given or adduced evidence that is false or misleading and which the person knows to be false or misleading. It is also to be an offence to give, adduce etc. false instructions or information to a solicitor or expert. The section applies to actions pending at its commencement as well as to subsequent actions.
Section 29 of the Act provides that a person guilty of an offence under Part 2 of the Act shall be liable, on conviction on indictment, to a fine not exceeding €100,000, or imprisonment for a term not exceeding 10 years or both. A person tried summarily shall on conviction be subject to a fine not exceeding €3,000 (under section 5 of the Fines Act 2010, this fine would be classified as a Class B fine i.e. a fine not exceeding €4,000) or imprisonment for a term not exceeding 12 months or both.
Garda Deployment
Questions (92)
Peter Burke
Question:92. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 115 of 14 June 2016, relating to Garda numbers at Edgeworthstown Garda station, to clarify the reply provided, the facts of which are contrary to the ones held by a peace commissioner in the area; and if she will make a statement on the matter. [19268/16]
View answerWritten answers
As the Deputy will appreciate, it is the Garda Commissioner who 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 optimal use is made of Garda human resources.
As I stated in my reply to Parliamentary Question Number 115 of 14 June 2016, the area concerned is patrolled by members assigned to the Roscommon/Longford Division. I have been informed by the Garda Commissioner that the number of Gardaí assigned to the Division on the 31 May 2016, the latest date for which figures are readily available, was 298. Of these, 42 members were assigned to Granard Garda District and 11 to Edgeworthstown Garda Station, 9 Gardaí and 2 Sergeants. The detailed allocation of resources at Divisional level is a matter for the Divisional officer who may allocate resources between Garda stations as required by operational circumstances.
The Deputy may wish to note that the number of members assigned to the Division when the strength of An Garda Síochána was at its highest in September 2009 was 299, with 42 members assigned to Granard District and 6 in Edgeworthstown Station.
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. In a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 851 Garda trainees have been recruited with a further 300 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. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 5 newly attested Gardaí have been assigned to the Roscommon/Longford Division to date.
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.
Garda Deployment
Questions (93)
Noel Grealish
Question:93. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the number of vacancies in the Galway division of An Garda Síochána for the position of superintendent; the timeframe for when this position will be filled; and if she will make a statement on the matter. [19276/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
It is my intention to bring proposals to Government shortly in relation to the filling of vacancies in the superintendent rank. It is of course an operational matter for the Garda Commissioner to decide how to allocate and deploy these resources.
Garda Transport Provision
Questions (94)
Noel Grealish
Question:94. Deputy Noel Grealish asked the Tánaiste and Minister for Justice and Equality the number of Garda stations in the Galway division that have gardaí on rostered duty who do not have a Garda car assigned to them; the timeframe for when cars will be assigned to these stations; and if she will make a statement on the matter. [19277/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I have been informed by the Garda Commissioner that on the 31 May 2016, the latest date for which figures are available there were 43 Garda stations and 562 Gardaí attached to the Galway Garda Division.
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. In a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 851 Garda trainees have been recruited with a further 300 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 7 July 2016 with 150 more to attest in November. Of these, 5 new Garda members were assigned to the Galway Division.
The detailed distribution of members to the Galway Division is as follows:
GALWAY GARDA DIVISION 31 May 2016
|
DISTRICT |
STATION |
Gda |
Sgt |
Insp |
Supt. |
C/Supt. |
Total |
|
BALLINASLOE |
AHASCRAGH |
1 |
1 |
||||
|
BALLINASLOE |
32 |
6 |
1 |
39 |
|||
|
BALLYGAR |
1 |
1 |
|||||
|
CREGGS |
1 |
1 |
|||||
|
KILCONNELL |
1 |
1 |
|||||
|
MOUNT BELLEW |
6 |
1 |
7 |
||||
|
MOYLOUGH |
1 |
1 |
|||||
|
BALLINASLOE Total |
43 |
7 |
1 |
51 |
|||
|
CLIFDEN |
AN MÁM |
3 |
3 |
||||
|
CARNA |
1 |
1 |
|||||
|
CLIFDEN |
22 |
4 |
26 |
||||
|
CLOCH NA RÓN |
1 |
1 |
|||||
|
LETTERFRACK |
1 |
1 |
|||||
|
SRAITH SALACH |
1 |
1 |
|||||
|
CLIFDEN Total |
29 |
4 |
33 |
||||
|
GALWAY |
ATHENRY |
4 |
1 |
5 |
|||
|
GAILLIMH |
172 |
31 |
6 |
4 |
1 |
214 |
|
|
LOUGH GEORGE |
1 |
1 |
|||||
|
MONIVEA |
1 |
1 |
|||||
|
ÓRÁN MÓR |
36 |
6 |
42 |
||||
|
GALWAY Total |
214 |
38 |
6 |
4 |
1 |
263 |
|
|
LOUGHREA |
CRAUGHWELL |
4 |
4 |
||||
|
EYRECOURT |
1 |
1 |
|||||
|
GORT |
25 |
3 |
28 |
||||
|
KILLIMOR |
1 |
1 |
|||||
|
KILRICKLE |
1 |
1 |
|||||
|
KINVARA |
1 |
1 |
2 |
||||
|
LOUGHREA |
26 |
6 |
1 |
1 |
34 |
||
|
PORTUMNA |
5 |
2 |
7 |
||||
|
WOODFORD |
1 |
1 |
|||||
|
LOUGHREA Total |
65 |
12 |
1 |
1 |
79 |
||
|
SALTHILL |
AN CHEATHRÚ RUA |
4 |
1 |
5 |
|||
|
AN SPIDÉAL |
2 |
2 |
|||||
|
CILL RÓNÁIN |
3 |
1 |
4 |
||||
|
INDREABHÁN |
1 |
1 |
|||||
|
LEITIR MÓIR |
1 |
1 |
|||||
|
MAIGH CUILINN |
1 |
1 |
|||||
|
ROS MUC |
1 |
1 |
|||||
|
SALTHILL |
42 |
9 |
1 |
52 |
|||
|
UACHTARARD |
2 |
1 |
3 |
||||
|
SALTHILL Total |
57 |
12 |
1 |
70 |
|||
|
TUAM |
BARNADERG |
1 |
1 |
||||
|
COROFIN |
1 |
1 |
|||||
|
DUNMORE |
5 |
1 |
6 |
||||
|
GLENAMADDY |
1 |
1 |
|||||
|
HEADFORD |
2 |
2 |
|||||
|
TUAM |
45 |
8 |
1 |
54 |
|||
|
WILLIAMSTOWN |
1 |
1 |
|||||
|
TUAM Total |
55 |
10 |
1 |
66 |
|||
|
GALWAY Division Total |
463 |
83 |
9 |
6 |
1 |
562 |
GALWAY GARDA DIVISION 31 May 2016
|
DISTRICT |
STATION |
Gda |
Sgt |
Insp |
Supt. |
C/Supt. |
Total |
|
BALLINASLOE |
AHASCRAGH |
1 |
1 |
||||
|
BALLINASLOE |
32 |
6 |
1 |
39 |
|||
|
BALLYGAR |
1 |
1 |
|||||
|
CREGGS |
1 |
1 |
|||||
|
KILCONNELL |
1 |
1 |
|||||
|
MOUNT BELLEW |
6 |
1 |
7 |
||||
|
MOYLOUGH |
1 |
1 |
|||||
|
BALLINASLOE Total |
43 |
7 |
1 |
51 |
|||
|
CLIFDEN |
AN MÁM |
3 |
3 |
||||
|
CARNA |
1 |
1 |
|||||
|
CLIFDEN |
22 |
4 |
26 |
||||
|
CLOCH NA RÓN |
1 |
1 |
|||||
|
LETTERFRACK |
1 |
1 |
|||||
|
SRAITH SALACH |
1 |
1 |
|||||
|
CLIFDEN Total |
29 |
4 |
33 |
||||
|
GALWAY |
ATHENRY |
4 |
1 |
5 |
|||
|
GAILLIMH |
172 |
31 |
6 |
4 |
1 |
214 |
|
|
LOUGH GEORGE |
1 |
1 |
|||||
|
MONIVEA |
1 |
1 |
|||||
|
ÓRÁN MÓR |
36 |
6 |
42 |
||||
|
GALWAY Total |
214 |
38 |
6 |
4 |
1 |
263 |
|
|
LOUGHREA |
CRAUGHWELL |
4 |
4 |
||||
|
EYRECOURT |
1 |
1 |
|||||
|
GORT |
25 |
3 |
28 |
||||
|
KILLIMOR |
1 |
1 |
|||||
|
KILRICKLE |
1 |
1 |
|||||
|
KINVARA |
1 |
1 |
2 |
||||
|
LOUGHREA |
26 |
6 |
1 |
1 |
34 |
||
|
PORTUMNA |
5 |
2 |
7 |
||||
|
WOODFORD |
1 |
1 |
|||||
|
LOUGHREA Total |
65 |
12 |
1 |
1 |
79 |
||
|
SALTHILL |
AN CHEATHRÚ RUA |
4 |
1 |
5 |
|||
|
AN SPIDÉAL |
2 |
2 |
|||||
|
CILL RÓNÁIN |
3 |
1 |
4 |
||||
|
INDREABHÁN |
1 |
1 |
|||||
|
LEITIR MÓIR |
1 |
1 |
|||||
|
MAIGH CUILINN |
1 |
1 |
|||||
|
ROS MUC |
1 |
1 |
|||||
|
SALTHILL |
42 |
9 |
1 |
52 |
|||
|
UACHTARARD |
2 |
1 |
3 |
||||
|
SALTHILL Total |
57 |
12 |
1 |
70 |
|||
|
TUAM |
BARNADERG |
1 |
1 |
||||
|
COROFIN |
1 |
1 |
|||||
|
DUNMORE |
5 |
1 |
6 |
||||
|
GLENAMADDY |
1 |
1 |
|||||
|
HEADFORD |
2 |
2 |
|||||
|
TUAM |
45 |
8 |
1 |
54 |
|||
|
WILLIAMSTOWN |
1 |
1 |
|||||
|
TUAM Total |
55 |
10 |
1 |
66 |
|||
|
GALWAY Division Total |
463 |
83 |
9 |
6 |
1 |
562 |
The allocation of Garda vehicles is monitored and reviewed on a continual basis and vehicles are allocated between stations as required by operational circumstances including, for example, when vehicles are required in other stations to substitute for vehicles under repair. In that context I am advised by the Garda Authorities that the current strength of the Galway Divisional Fleet is set out as follows:
Galway Division Fleet - 30 June 2016
|
Cars |
Vans |
Motorcycles |
4x4 |
Other |
Total |
||
|
District |
MARKED |
UNMARKED |
|||||
|
Ballinasloe |
3 |
2 |
1 |
0 |
0 |
0 |
6 |
|
Clifden |
4 |
2 |
1 |
0 |
0 |
0 |
7 |
|
Galway |
12 |
18 |
10 |
3 |
1 |
1 |
45 |
|
Loughrea |
2 |
2 |
2 |
0 |
0 |
1 |
7 |
|
Salthill |
8 |
2 |
1 |
0 |
3 |
0 |
14 |
|
Tuam |
6 |
2 |
1 |
2 |
0 |
0 |
11 |
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.
Northern Ireland
Questions (95)
Declan Breathnach
Question:95. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality if she has met with the Truth and Reconciliation Platform; and if she will make a statement on the matter. [19358/16]
View answerWritten answers
I understand that the Truth and Reconciliation Platform is a recently established group with the aim of providing every victim of the troubles, North and South, an opportunity to tell their own, personal story. I have not yet had the opportunity to meet with the group.
There can be no question that the violence of the troubles exacted a tragic human cost across communities on this island in terms of the lives lost, people injured and families bereaved. The suffering of the victims of the many atrocities perpetrated over the course of the troubles and of their families lives with us and acknowledging and addressing that suffering continues to be an essential element of building peace and reconciliation in the context of the Northern Ireland peace process.
Residency Permits
Questions (96)
Éamon Ó Cuív
Question:96. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality how a person (details supplied) can be allowed to return here for a period to sit specific medical examinations. [19374/16]
View answerWritten answers
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person in question does not require an entry visa to enter the State, as set out in the Visa Order S.I. 473/2014 as amended.
I can only suggest that the person concerned presents the necessary paperwork to the Immigration Officer, at the port of entry, with precise information showing that they have registered with the Medical Council of Ireland to sit the necessary examination. Entry to the State will depend on this and other factors such as duration sought, ability to support oneself and the possession of a return ticket.
Information regarding doctors coming to Ireland to sit the Pre Registration Exam System (PRES) examination prior to being registered with the Irish Medical Council are outlined on our website; www.inis.gov.ie. It states that "doctors will be permitted to enter the State to sit this examination. However, all doctors who are granted permission to do so must leave the State on completion of the examination. If successful in this examination doctors may only re-enter the State with an Employment Permit issued by the Department of Jobs, Enterprise and Innovation."
UN Convention on the Rights of Persons with Disabilities
Questions (97)
Niall Collins
Question:97. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality the progress that has been made to date on the ratification of the United Nations Convention on the Rights of Persons with Disabilities; the expected date by which this convention will be ratified; and if she will make a statement on the matter. [19381/16]
View answerWritten answers
On 21 October 2015, the previous Government published a roadmap to Ireland’s ratification of the United Nations Convention on the Rights of Persons with Disabilities, which outlines the considerable legislative changes to be undertaken to enable Ireland to ratify the Convention, along with the estimated deadline of end-2016 for ratification. The Roadmap to Ratification, which is available on my Department’s website, sets out the substantial legislative agenda required for ratification. We are on track to ratify the Convention within 6 months.
Considerable progress has already been made to overcome barriers to Ireland’s ratification. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015, and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Bill 2015 was passed by the Seanad on 26 January this year. When enacted, the Bill will reform Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights. Achieving the necessary balance between those rights and ensuring appropriate protection is crucial.
Work is also under way on drawing up an Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. It is intended that the Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty, as well as removing archaic references in existing legislation relating to mental health. It is intended to publish the General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill very shortly.
Coroners Service
Questions (98)
Niall Collins
Question:98. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if the coroners and deputy coroners in areas (details supplied) are within the age limits set out section 11 of the Coroners Act 1962; when and where the vacancies will be advertised; and if she will make a statement on the matter. [19422/16]
View answerWritten answers
In March 2016 the coronial districts of Limerick West and Limerick City were amalgamated. The acting Coroner for Limerick City became the acting Coroner for the newly amalgamated district of Limerick in accordance with Section 7(1) and 7(2)f the Coroners Act, 1962, as inserted by Section 32(b) of the Civil Law (Miscellaneous Provisions) Act, 2011.
The Coroner for the remaining coronial district, Limerick South East, will be retiring on December 29, 2016, in accordance with Section 11 of the Coroners Act, 1962. Consideration is now being given to amalgamating the coronial district of Limerick South East with the coronial district of Limerick, in consultation with Limerick City and County Council. With the exception of Dublin the appointment of Coroners is a matter for the local authority concerned, and I have no function in this matter beyond that set out in the Coroners Act, 1962 as amended.
Legal Services Regulation
Questions (99)
Pearse Doherty
Question:99. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality when she anticipates that the legal services regulatory authority will commence its work; if the authority has been established; if its chief executive has been appointed; and if she will make a statement on the matter. [19444/16]
View answerWritten answers
As previously conveyed to the House, preparations for the phased commencement of the Legal Services Regulation Act 2015 are already under way. A necessary first step in preparation for these commencements is the appointment of the Legal Services Regulatory Authority after which the Authority will appoint its own Chief Executive. I can confirm that nominations to the new Legal Services Regulatory Authority have been received from the relevant nominating bodies as set out in the Legal Services Regulation Act. The appointment by Government of the relevant nominees under the various criteria set out in the Act will then be subject to approval by resolution of both Houses of the Oireachtas. The Government will appoint one of the lay members of the Authority, which will also have a lay majority, to be Chairperson. Preparations are also being made in support of the public recruitment, by the new Regulatory Authority, of its Chief Executive whose terms and functions are similarly set out in the 2015 Act. A start-up support team is being established and a suitable premises is being identified from which the new Authority can commence its operations.
These are the initial steps that will enable the members and Chief Executive of the new Regulatory Authority to spear-head the coming into operation of the new legal services regulatory regime. This stage will also include the phased commencement of Parts of the Act such as those dealing with legal costs, the new Office of the Legal Costs Adjudicator, the Roll of Practising Barristers and Pre-Action Protocols. Under section 7 of the 2015 Act, I will also, by order, appoint a day to be the establishment day for the purposes of the Act.
Following establishment of the Authority and appointment of a Chief Executive the key provisions centred around Part 6 of the Act dealing with the new public complaints and professional conduct and disciplinary procedures, and the appointment of the new Legal Practitioners Disciplinary Tribunal, will be commenced. The managed commencement of these functions is planned for the Autumn in order to allow adequate time and preparation to ensure their effectiveness and success as crucial components of the new regulatory framework. It should be noted that, under the relevant transitional provisions contained in the 2015 Act, complaints already made to the Law Society under the Solicitors Acts will be brought to completion under that framework and existing law.
In support of the planned and managed commencement of the relevant Parts of the 2015 Act proposed, as I have outlined, between now and the end of this year, an allocation of €1 million was made under the Justice Vote for 2016 as set-up support for the new Regulatory Authority. Any funding advanced from this allocation will be provided on a recoupable basis. Once in operation, the new regulatory regime will be self-funding by means of a levy on the regulated legal professions under the terms set out in Part 7 of the 2015 Act.
Questions Nos. 100 and 101 answered with Question No. 77.
Penal Policy Review Group
Questions (102)
Fergus O'Dowd
Question:102. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality her views on issues and concerns raised by the Irish Penal Reform Trust (details supplied); and if she will make a statement on the matter. [19570/16]
View answerWritten answers
The document from the Irish Penal Reform Trust (IPRT) supplied with this question essentially calls for a 'whole of Government' approach to prevention of offending and re-offending.
Such an approach is a key theme of the report of the Penal Policy Review Group which I submitted to Government in November, 2014. That Review Group was established in 2012 in line the recommendations of the Thornton Hall Project Review Group to conduct a wide ranging strategic review of penal policy taking into account relevant work already carried out in this jurisdiction and elsewhere, the rights of those convicted of crimes, the perspective of those who are victims of crime, and the interests of society in general.
The terms of reference for the Group included an examination and analysis of the role of penal policy in crime prevention; sentencing policies; alternatives to custody; custodial accommodation and regimes; reintegration and rehabilitation; and any special issues relating to female offenders.
The Report contains 43 recommendations relating, inter alia, to an increased focus on effective data management and to my Department joining with all Government Departments and agencies to facilitate and support research in order to assist in the formulation of penal policy.
One of the recommendations of the Review Group specifically recognises that a whole of government approach in collaboration with relevant agencies and local authorities is necessary in addressing offending behaviour and assisting offenders in maintaining crime free lives. My Department, the Probation Service and the Irish Prison Service fully support this approach.
As outlined in the recently published Irish Prison Service Strategic Plan 2016-2018, the IPS will place a renewed emphasis on prisoner rehabilitation by further developing and re-engineering services designed to address the factors that contribute to offending. My Department is currently in communication with the Department of Health in relation to a fundamental review of health care in prisons and the provision of health care services in prisons generally.
The IPS in collaboration with HSE Mental Health Services has detailed specific goals in relation to improving mental health service provision in all closed prisons, over the course of the next strategic cycle. The IPS will continue to advance collaborative relationships with other key statutory and community services to improve arrangements to ensure the safe transition of individuals from custody to community.
Work is under way to progress the implementation of the recommendations of the Review Group. To this end I have established a Penal Policy Implementation Oversight Group. The Group is chaired by Dr. Mary Rogan, Associate Professor, School of Law, Trinity College who was a member of the review group. The Group organised a Workshop on 8 February 2016 of the key actors in order to discuss the recommendations of the Penal Policy Review Group and advance their implementation. I have recently received the second report from this group setting out the state of implementation and it is my intention to publish this report shortly.
Departmental Staff
Questions (103)
Niamh Smyth
Question:103. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of staff employed in her Department's archive unit in each of the years from 2010 to 2016 to date, in tabular form; her plans to expand this number; if protocol changes arise from changes to the National Archive Acts; and if she will make a statement on the matter. [19620/16]
View answerWritten answers
There are no staff employed by my Department to work exclusively on archiving files. Responsibility for archiving files lies with staff across all line divisions who carry out this function as required in addition to their normal duties.
The Deputy may wish to note that staff from the Information Access Unit of my Department engage with the National Archives in relation to the arrangements for the transfer of records which are over 30 years old. There have been no protocol changes in response to the proposed changes to the National Archives Act but this is kept under review.
Garda Complaints Procedures
Questions (104)
Fergus O'Dowd
Question:104. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality if she will initiate a full public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [19639/16]
View answerWritten answers
The particular case to which the Deputy refers was amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, the Independent Review Mechanism.
With regard to the Independent Review Mechanism, I would like to emphasise that every case presented to the panel was reviewed by independent counsel, who made an objective recommendation. It was open to counsel to make any recommendation that they saw fit.
It is important that the independence of the process is understood. Counsel who carried out the review of each case were selected on the basis of their experience of the criminal justice system. Following their reviews of the papers in each case, counsel made recommendations to me as to whether or not further action should be carried out by me, and if so the nature of that action. In many cases the outcome was that there was no further action which should or indeed which could be taken by me as Minister.
Appropriate steps were taken to ensure that nothing arose which might in any way have detracted from the integrity of the review mechanism, including issues of conflict of interest. Arrangements were put in place to ensure that if there was any conflict, or potential conflict, the conflicted counsel not only was not involved in the particular complaint, but also was not aware of which counsel was reviewing it. This is normal professional conduct and there were sufficient counsel on the Panel to ensure the practicality of this. Whatever steps were necessary in this regard were taken to ensure there was no conflict of interest.
To ensure that all complainants received an accurate account of the process, I also appointed a retired judge, Mr Justice Roderick Murphy, to advise on the preparation of individual letters notifying each person of the outcome of the review in their particular case. I was concerned that these letters should not only set out the recommendation of counsel, but also outline as far as possible the reasons for the recommendation, subject to any legal constraints there may be. I made this appointment in order to provide complete reassurance on the probity and independence of this entire process, from start to finish.
I have repeatedly emphasised that the Independent Review Mechanism was not established to act as a Commission of Inquiry or Investigation. Nor was it designed to make findings. Its purpose was to triage the allegations to see whether further action was needed and what that action would be. However, counsel were free to make whatever recommendation they considered appropriate in each case, including the setting up of a Commission of Inquiry if they considered that it was warranted.
I have previously assured Deputies that where further investigation has been recommended by the review then that will occur. However, I have also pointed out that in a large proportion of cases, counsel would be likely to recommend that no further action could reasonably be taken. This has proven to be the case. The crucial point, however, is that every case has been reviewed by independent counsel, who have made an objective recommendation.
A letter setting out the outcome of the review of the particular case referred to by the Deputy issued last December. The recommendation made by counsel was that I should take no further action in this case. I should mention, however, that my predecessor referred aspects of this particular case to the Garda Síochána Ombudsman Commission and I understand that investigation has not concluded. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint. In the circumstances it would not be appropriate for me to comment further on any particulars of this matter.
Charities Regulation
Questions (105)
Seán Fleming
Question:105. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality the annual funding available to the Charities Regulatory Authority; the current staff numbers; and if she will make a statement on the matter. [19646/16]
View answerWritten answers
The regulation of the charity sector is a priority for this Government. The Charities Regulatory Authority (also known as the Charities Regulator) was established as an independent agency on 16 October 2014 and is responsible for the registration and regulation of all the charities active in this country. The key areas of work of the Regulator include registration and award of charitable status, annual reporting, compliance and investigations, charity services and providing a public register and statistical information on the charity sector. I am determined to make sure that the Authority has the necessary staff and financial resources available to achieve its goals.
The Charities Regulator was allocated a significant increase in its pay budget for 2016 to allow for the full complement of staff required to ensure that the full range of provisions contained in the Charities Act 2009 could be commenced as soon as possible. A budget of €2.665 million has been allocated to the Regulator for 2016, compared to a budget of €1.419 million for 2015, an increase of 88%. This increased funding is facilitating recruitment of additional staff in key areas including policy development, registration and reporting, compliance and investigations and communications. On establishment there were 10 staff working in this area which has been increased to 23 currently and the budget for 2016 provides for this to increase further to 36. My Department, together with the Public Appointments Service, is working to put in place the full complement of staff and I expect these staff to be in place in the coming weeks and months.
Question No. 106 answered with Question No. 77.
Garda Remuneration
Questions (107)
Eugene Murphy
Question:107. Deputy Eugene Murphy asked the Tánaiste and Minister for Justice and Equality if she will provide an exemption for members of An Garda Síochána who had their increments frozen (details supplied); and if she will make a statement on the matter. [19655/16]
View answerWritten answers
My officials and I have had discussions with the Garda Representative Association (GRA) over the last number of weeks aimed at facilitating their engagement with the Lansdowne Road Agreement. Unfortunately, as of now the GRA remains outside the Agreement. The members of the GRA have exercised their democratic mandate and I respect their right to do so, however, the decision not to become party to the Agreement has consequences for the members of the GRA.
In particular, as of 1 July, members of the GRA are subject to an increment freeze under section 7(1) of Financial Emergency Measures in the Public Interest (FEMPI) Act 2013, as amended. No-one wishes to impose an increment freeze on members of An Garda Síochána, or indeed on any other public servant, but it is the law. We must also, of course, be fair to the vast bulk of public servants who have accepted the Agreement and are cooperating with its terms. This group includes the Associations representing Superintendents and Chief Superintendents in An Garda Síochána. The other Garda representative body, the Association of Garda Sergeants and Inspectors (AGSI) decided last week to re-ballot their membership with a recommendation to accept the Agreement. I very much welcome that decision by AGSI and their members will not be subject to any increment freeze while that ballot is in train.
In the context of discussions with AGSI aimed at addressing their concerns, a pathway to restoring the rent allowance - worth €4,155 annually to new recruits - before the end of this year was agreed in principle. Those provisions will become operative if and when the GRA comes within the Lansdowne Road Agreement. I know that the restoration of the rent allowance is something that the GRA has advocated for on behalf of new recruits and I know it to be a major issue for new recruits. That allowance, the requirement to work additional hours under the Haddington Road Agreement, access to the industrial relations machinery of the State, and the opportunity for the GRA to negotiate the pay of its members on an equal footing with other Unions and Associations in the public service, are all on the table for discussion, as soon as the GRA is in a position to enter talks with my Department.
I genuinely believe that it would be in the best interests of their members and An Garda Síochána as a whole for the GRA to engage with my Department. It is only through talking that their concerns can be addressed. I believe there is a pathway to progress on these issues and my Department and I remain available to work with the GRA.
Livestock Theft
Questions (108)
Niamh Smyth
Question:108. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the measures she is putting in place to support farmers along the Border region who have had livestock stolen, particularly in Counties Cavan and Monaghan where, in some instances, farmers have endured multiple thefts of livestock; the action she is taking on this issue; and if she will make a statement on the matter. [19688/16]
View answerWritten answers
I am of course aware of recent instances of theft of livestock and, clearly, these crimes have a very serious effect on farming families and rural communities. I am assured that An Garda Síochána are taking all necessary steps to thoroughly investigate these crimes and identify the perpetrators. It is of course essential that anyone who may have information about such crimes, even if appears insignificant, should contact the Gardaí. The Deputy will appreciate that as Garda investigations into these matters are ongoing I cannot comment in more detail on the specific policing responses which are being pursued.
In recent times An Garda Síochána have supported a number of partnership initiatives in relation to crimes affecting rural communities. A particular example is the campaign launched in 2015 to combat the problem of livestock theft, jointly organised by Crimestoppers, the Irish Farmers Association and an Garda Síochána. This campaign is calling on members of the public and in particular those in the farming community with information on the theft of cattle and sheep to come forward with information. A reward fund of €10,000 is available for significant information. Information can be given anonymously to the Crimestoppers confidential telephone service by calling 1800 25 00 25. Alternatively, information can be provided to any Garda station.
An Garda Síochána are engaged in a range of targeted operations to disrupt the activities of organised mobile gangs who may be involved in the crimes referred to. I am pleased to say that the latest CSO crime figures, published last week, show a very significant decline in property related crime. The decrease in burglary for the twelve months ending 31 March 2016 is 18.4% compared to the previous twelve month period. There are also welcome decreases of 7% for theft and 6.7% for robbery during the same period. This underlines the success that An Garda Síochána is having in combating property crime through the targeted strategy which is being implemented under Operation Thor. Operation Thor has led to concentrated Garda activity with more than 24,000 crime prevention patrols and in the order of 30,000 targeted checkpoints nationwide. There have also been in the region of 1,900 arrests and 2,200 charges covering a range of offences which, in addition to burglary have included handling stolen property, possession of firearms and drugs offences.
I am pleased to say that the recently announced package of additional resources to support Garda operations in 2016 includes provision for the ongoing implementation of operation Thor. So I can assure the Deputy that there will be no let-up on the pressure which the Gardaí are bringing to bear on organised crime, including the mobile gangs who have targeted rural communities through livestock and other property crime.
Courts Service Data
Questions (109)
Thomas P. Broughan
Question:109. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of public order cases heard at Swords District Court in County Dublin in 2015 and to date in 2016; the number of cases on hand at present; and if she will make a statement on the matter. [19721/16]
View answerWritten answers
As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has provided the following information.
|
Year |
Number of public order cases - Swords District Court |
|
January – December 2015 |
245 |
|
January – May 2016 |
145 |
The data provided includes summonses which were not served. These cases may have reached court and may have been struck out.
As at 1 June 2016 there were a total of 110 public order cases scheduled for Swords District Court.
Garda Deployment
Questions (110)
Thomas P. Broughan
Question:110. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána attached to the R and J districts on 31 December 2015 and on 28 June 2016; and if she will make a statement on the matter. [19722/16]
View answerWritten answers
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keep this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
The Garda Síochána R (Coolock, Malahide and Swords) and J (Raheny, Clontarf and Howth) Districts are part of the Garda Division of Dublin Metropolitan Region (DMR) North. I have been informed by the Garda Commissioner that on the 31 December 2015 there were 197 and 159 Gardaí attached to the Garda Síochána R and J Districts, respectively. On the 31 May 2016, the latest date for which figures are available, there were 202 and 160 Gardaí attached to the Garda Síochána R and J Districts, respectively.
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. In a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 851 Garda trainees have been recruited with a further 300 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. Of these, 35 newly attested members have been assigned to the DMR North Division.
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 of around 300 this year, 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.
Garda Station Refurbishment
Questions (111)
Thomas P. Broughan
Question:111. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her plans to provide funding for the refurbishment and provision of additional accommodation at the Garda station in Swords, County Dublin; and if she will make a statement on the matter. [19723/16]
View answerWritten answers
The Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works, which has the responsibility for the provision and maintenance of Garda accommodation.
I have been informed by the Garda authorities that works in the amount of €58,784.35 have been sanctioned for the refurbishment of the public office at Swords Garda Station. Once completed, these works will improve both staff working conditions and facilities for members of the public.
I have also been informed that the project is expected to be completed by the end of 2016.
Question No. 112 answered with Question No. 77.
Departmental Staff Data
Questions (113)
David Cullinane
Question:113. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the number of new public sector workers in her Department hired to replace retiring staff and those who left the Department in each of the years from 2013 to 2015; the overall percentage of staff turnover this represents; the cost or savings in payroll and pensions accrued, in tabular form; and if she will make a statement on the matter. [20153/16]
View answerWritten answers
I am informed that all decisions to recruit, including replacement posts, are carefully considered by my Department as part of the human resources planning process. Retirement vacancies and/or replacements are taken into account when considering the overall resourcing needs.
The information sought by the Deputy is contained in the following table which details the number of staff who joined the Department, the number of staff who have left the employ of the Department during the years in question and the percentage of staff turnover for each year. The table also indicates the salary cost of new hires on commencement of employment and the salary costs of staff leaving the Department at the time of their departure for the years in question. Again the Deputy should note that these movements are not directly related. The Department does not hold information on the cost of pensions to retired staff members which is a matter for the Pay Master General.
|
2013 |
2014 |
2015 |
||||
|
No. New Hires / Salary Cost |
142 |
€4,546,153 |
80 |
€2,330,817 |
163 |
€4,827,361 |
|
No. Left Department / Salary Cost |
178 |
€6,897,605 |
150 |
€6,001,521 |
142 |
€5,437,157 |
|
Staff Turnover / Cost Saving |
8% |
€2,351,452 |
7% |
€3,670,704 |
7% |
€607,796 |
The above figures include staff recruited as Temporary Clerical Officers during the years in question. The majority of these new recruits are employed on a fixed term contract basis to cover temporary vacancies and short term staffing needs arising across the Department at various times. It should be also be noted that some functions and staff were transferred from the Department during the period.