Tuesday, 25 Oct 2016

Written Answers Nos. 69-90

Taoiseach's Meetings and Engagements

Questions (69)

Micheál Martin

Question:

69. Deputy Micheál Martin asked the Taoiseach if he has met or spoken to the Scottish First Minister, Ms Nicola Sturgeon, recently. [31512/16]

Written answers

The Taoiseach

I will attend the British Irish Council meeting next month at which the Scottish First Minister is also due to attend, where we will continue our work on the implications of Brexit for all Member Administrations.

Brexit Issues

Questions (70, 75)

Micheál Martin

Question:

70. Deputy Micheál Martin asked the Taoiseach the detail of the unit he has set up in his Department to co-ordinate the response to the Brexit referendum. [31513/16]

Gerry Adams

Question:

75. Deputy Gerry Adams asked the Taoiseach if the new cabinet committee which is overseeing the government response to Brexit has met; and when he expects the first invitations to the civic dialogue to be issued. [31877/16]

Written answers

The Taoiseach

I propose to take Questions Nos. 70 and 75 together.

A Second Secretary General has been appointed to lead a new integrated division within the Department of the Taoiseach with responsibility for supporting the Taoiseach in his work on EU, Northern Ireland, British-Irish and International affairs.

The appointment is part of a series of actions announced by the Taoiseach following the referendum. This includes strengthening the EU policy role of the Department of Foreign Affairs and Trade, as well as the strengthening of other key Departments, agencies and overseas missions.

This will be complemented by existing structures. They include the Cabinet Committee on EU Affairs and the EU Senior Officials Group which supports it; and a consultative group of external stakeholders and representative organisations.

The Cabinet Committee on Brexit has met twice to date, on 8 September and on 19 October, for in depth discussion of the issues arising from the UK decision to leave the European Union. The Cabinet Committee will continue to meet on a regular basis to deal with Brexit related issues.

The invitations to the conference on 2nd November launching the All Island Civic Dialogue issued last week. Invitations have been extended to a broad range of civic society groups, trade unions, business groups, non-governmental organisations and representatives from political parties. The event will also be live-streamed on the internet. Further information will be sent to attendees over the coming days.

Public Procurement Contracts

Questions (71)

Seán Sherlock

Question:

71. Deputy Sean Sherlock asked the Taoiseach if his Department has applied for permission to engage outside public relations companies for the purposes of disseminating Government policy; the cost of each contract entered into; the name of the contractors; the duration of the contracts; and if he will make a statement on the matter. [31696/16]

Written answers

The Taoiseach

No outside public relations companies have been engaged by my Department for the purpose of disseminating government policy.

The Government news website Merrionstreet.ie provides a comprehensive news service on the work of Government to domestic and international media and the public. Government Press Officers are available on a 24 hour basis to answer media queries on all aspects of Government policy and developments.

Tribunals of Inquiry Data

Questions (72)

Eamon Ryan

Question:

72. Deputy Eamon Ryan asked the Taoiseach the policy for the archiving of materials from the Moriarty tribunal; and the locations in which they are currently stored and will be stored in future. [31309/16]

Written answers

The Taoiseach

The Moriarty Tribunal is in the process of cataloguing all relevant material in preparation for placement in archive, in accordance with the requirements of the National Archives Act 1986 and the Civil Law (Miscellaneous Provisions) Act 2011. All documents furnished to the Tribunal, and not required to be retained under the above mentioned legislation, will be returned to the parties that provided them.

All documents are currently retained in the Tribunal Office in Dublin Castle. Ongoing matters concerning the Tribunal, including litigation, require that at present documents remain available to the Tribunal until these matters are finalised.

Migration Data

Questions (73)

Niall Collins

Question:

73. Deputy Niall Collins asked the Taoiseach further to Parliamentary Question No. 927 of 27 September 2016, when preliminary data will be available to report on the numbers of returning emigrants to take up employment since the launch of the Programme for a Partnership Government; and if this will be made available before the end of 2016; if not, when in 2017 this data is expected. [31337/16]

Written answers

Minister of State at the Department of the Taoiseach

Statistics on migration are included in the CSO's annual Population and Migration Estimates release. The principal source of information for the estimation of annual migration flows published by the Central Statistics Office, incorporating both emigration and immigration, is the Quarterly National Household Survey (QNHS); the published estimates are classified by sex, broad age group, origin and destination and nationality. The latest release was published in August 2016 and the latest annual figures available are for the year to April 2016.

The next annual release is currently scheduled for publication in the 4th quarter of 2017. This release will contain preliminary migration data classified by principal economic status for the year to April 2017. The release will also include final migration data for the years 2012 to 2016 inclusive, due to the incorporation of Census revisions.

Taoiseach's Meetings and Engagements

Questions (74)

Gerry Adams

Question:

74. Deputy Gerry Adams asked the Taoiseach if he will report on his meeting with the EU negotiator, Michel Barnier. [31876/16]

Written answers

The Taoiseach

I welcomed the European Commission's Chief Brexit Negotiator, Michel Barnier, to Government Buildings on 12 October. Mr Barnier's visit to Dublin was one of a series of engagements with EU capitals, in order to prepare for the forthcoming Brexit negotiations. Our discussions were timely, especially given the indication by Prime Minister May in early October - and confirmed to EU leaders at last week's European Council - that she will trigger Article 50 no later than March next year.

During his visit, Mr Barnier also met with the Tánaiste; the Minister for Foreign Affairs and Trade; the Minister for European Affairs, as well as senior officials.

Mr Barnier, who took office as Head of the European Commission's Brexit Taskforce on 1 October, will lead the EU's technical negotiations with the UK. This process will proceed under the political guidance of EU Heads of State or Government at the European Council, and subject to their approval, once the UK Government has formally triggered Article 50.

My exchange with Mr Barnier was open and constructive. He is well-known to us in Ireland, given his various roles at national and at EU levels. Consequently he understands our close historical, political and economic ties with the UK. During our discussions, I took the opportunity to emphasise and explain in some detail Ireland's unique set of concerns arising from Brexit, in relation to Northern Ireland, the peace process, and citizenship issues; the Common Travel Area and border issues; and the depth of our economic and trade relationship with the UK. We also spoke about Ireland's strong support for EU membership and our commitment to play a full part in the negotiations process. In this context, I briefed Mr Barnier about the various strands of work which are advancing here at political and official levels to prepare Ireland to the maximum extent possible for the period ahead. Given the critical role of Mr Barnier and the Commission, it was also useful to hear his thoughts about the process and how negotiations might be handled in the next, critical phase.

I assured Mr Barnier that we look forward to working closely with the Commission team in the months ahead and we agreed to stay in close contact.

Question No. 75 answered with Question No. 70.

Ministerial Functions

Questions (76)

Dara Calleary

Question:

76. Deputy Dara Calleary asked the Taoiseach the delegated responsibilities he has given to Ministers of State in his Department; and when the order of delegated responsibility was signed. [31922/16]

Written answers

The Taoiseach

On 6 May 2016 the Government appointed Deputy Regina Doherty as Government Chief Whip and Minister of State at my Department, and Deputy Paul Kehoe as Minister of State at my Department and the Department of Defence with special responsibility for the Department of Defence.

On 19 May the Government appointed Deputy Joe McHugh as Minister of State at my Department and at the Department of Foreign Affairs and Trade with special responsibility for the Diaspora and International Development, and Deputy Dara Murphy as Minister of State at my Department and the Departments of Foreign Affairs and Trade, and Justice and Equality with special responsibility for European Affairs, Data Protection and the E.U. Digital Single Market.

At my request, on 14 June, the Government made an Order delegating my statutory functions in relation to the Central Statistics Office under the Statistics Act 1993, the Civil Service Regulation Acts 1956 to 2005 and the Public Service Management (Recruitment and Appointments) Act 2004 to the Government Chief Whip, Deputy Doherty.

UN Conventions Ratification

Questions (77, 78, 79, 100)

Michael Harty

Question:

77. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality if the Government has undertaken to ratify the United Nations Convention on the Rights of Persons with Disabilities by end of 2016; and if she will make a statement on the matter. [31552/16]

Joan Burton

Question:

78. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality when it is likely that Dáil Éireann will vote on the ratification of the United Nations Convention on the Rights of Persons with Disabilities. [31621/16]

Pat Buckley

Question:

79. Deputy Pat Buckley asked the Tánaiste and Minister for Justice and Equality her plans to ratify the United Nations convention on the Rights of Persons with Disabilities, which is due to be ratified by Christmas 2016. [31631/16]

Jonathan O'Brien

Question:

100. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of the Government's ratification of the UN Convention on the Rights of Persons with Disabilities. [31603/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 77 to 79, inclusive, and 100 together.

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.

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 commenced its second stage reading in the Dáil on 5 October. 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 underway 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. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department's website. I expect to publish the Bill shortly so as to facilitate ratification of the Convention by end-2016.

Services for People with Disabilities

Questions (80, 154)

Clare Daly

Question:

80. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality when she will commence the Assisted Decision-Making (Capacity) Act 2015; and if she will make a statement on the matter. [31654/16]

Jim O'Callaghan

Question:

154. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when the Government intends to bring the Assisted Decision-Making (Capacity) Act 2015 before Dáil Éireann. [31997/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 80 and 154 together.

The Assisted Decision-Making (Capacity) Act 2015 completed its passage through both Houses of the Oireachtas on 17 December 2015 and was signed into law on 30 December 2015. The Act provides a modern statutory framework to support decision-making by adults with capacity difficulties.

Commencement of the Act will take place on a phased basis. New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (which is a body under the Department of Health), must be put in place before the substantive provisions of the legislation come into force. Careful planning and groundwork, and not just funding, has to be put in place to ensure that the commencement of the Act is correctly, appropriately and effectively handled. My Department is working carefully on this at present in consultation with the Department of Health and the Mental Health Commission. A high-level Steering Group comprising senior officials from my Department, the Department of Health and the Mental Health Commission is overseeing the establishment and commissioning of the Decision Support Service.

The commencement of Part 8 of the Act, which provides a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. In consultation with the Minister for Health, I brought these provisions into operation in order to enable the process of recruitment of the Director of the Decision Support Service to begin. It is intended that the Mental Health Commission will begin the process of recruiting a Director as quickly as possible.

The Minister for Health, under the Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) (No. 2) Order 2016 (S.I. No. 517 of 2016), brought into operation on 17 October 2016 some provisions of Part 8 of the Act relating to advance healthcare directives. The commenced provisions provide for the establishment by the Minister for Health of a multidisciplinary group to advise in relation to codes of practice on advance healthcare directives.

Valuation Office

Questions (81, 82, 83, 84, 85, 86)

Pearse Doherty

Question:

81. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of properties waiting for rate assessments by the Valuation Office in each local authority area for each of the years 2013 to date in 2016 in tabular form; and if she will make a statement on the matter. [31798/16]

Pearse Doherty

Question:

82. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of properties that are currently waiting for rate assessments by the Valuation Office in each local authority area, in tabular form; the number of properties that are waiting for rate assessments for six months or less, six to12 months, 12 to18 months, 18 to 24 months and over 24 months; and if she will make a statement on the matter. [31799/16]

Pearse Doherty

Question:

83. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of properties that are currently waiting for rate assessments by the Valuation Office in each local authority area, in tabular form; the number of properties in the brackets; average square footage of each property awaiting assessment in a number of categories (details supplied); and if she will make a statement on the matter. [31800/16]

Pearse Doherty

Question:

84. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the total number of staff employed in rates assessments in the Valuation Office at present; if the current number is sufficient to meet demand for rates assessments for properties; her plans to increase the number of staff employed in rates assessments at the Valuation Office; and if she will make a statement on the matter. [31801/16]

Pearse Doherty

Question:

85. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality her plans to eliminate or reduce current delays in rates assessments by the Valuation Office for properties; and if she will make a statement on the matter. [31802/16]

Pearse Doherty

Question:

86. Deputy Pearse Doherty asked the Tánaiste and Minister for Justice and Equality the number of properties that are currently waiting for rate assessments in each local authority area from the Valuation Office; the potential loss to each of the local authorities affected by the delays in assessing properties for rates; and if she will make a statement on the matter. [31803/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 81 to 86, inclusive, together.

The Commissioner of Valuation, who is independent in the exercise of his functions, has overall responsibility under the Valuation Acts 2001 to 2015 for the maintenance of valuation lists of all commercial properties in the State. This is done by using two statutory valuation processes known as “revaluation” and “revision”. Firstly, revaluation is a process where all rateable properties in a Local Authority area are valued periodically by reference to a single valuation date. After the first revaluation of a Local Authority area is completed, revaluation is then scheduled to take place every five to ten years to reflect changes in economic circumstances since the last revaluation took place. Revision, on the other hand, is intended to reflect structural changes to individual properties or the addition to the valuation lists of new properties between revaluations.

The national revaluation programme currently underway is the first general revaluation of all commercial property in the state since the middle of the 19th century. It is a very significant undertaking involving the valuation of some 146,000 commercial rateable properties. Completing the first revaluation and getting properties in every Local Authority area onto the five to ten year cycle of revaluations provided for in the legislation represents a sea-change for the valuation system. All rateable properties in the Dublin, Waterford and Limerick local authority areas are now re-valued. In addition, 13 public utilities representing some of the largest ratepayers in the State have been revalued on a global basis. This represents approximately 57% of the national rateable valuation base in monetary value terms or 33% in numerical terms. The Commissioner has recently made valuation orders for the revaluation of 10 Local Authorities in respect of some 29,500 commercial properties. The revaluation in two of these County Council areas, Carlow and Kilkenny (5,000 properties approx), is being conducted on a pilot basis using external resources (outsourcing). This approach was provided for in the Valuation (Amendment) Act 2015, in order to augment the in-house capacity of the Valuation Office.

The Valuation (Amendment) Act 2015 also provided for the Commissioner to conduct a revaluation with the assistance of the occupiers of property using elements of self-assessment. This provision – known as “Occupier Assisted Valuation” - is one of the provisions intended to assist the acceleration of the national revaluation programme. This approach, though readily used as a means of assessment in personal and corporate taxation codes, has not been used in comparable jurisdictions in relation to the valuation of commercial properties for rating purposes. The Commissioner is in the course of establishing a pilot project in County Laois (2,300 properties approx) using ”Occupier Assisted Valuation”. The Valuation Office has conducted the necessary statutory consultations with the Minister for Housing, Planning, Community and Local Government and with Laois County Council and is developing appropriate technical and statutory systems of valuation which will underpin the pilot project and allow for its initiation in 2017.

While the revaluation programme has been underway, the Valuation Office has continued to carry out revision work and, during 2015, some 5,438 applications for revision were processed. Also, any backlog of revision work is cleared during the revaluation of a local authority area. As already mentioned, revision of valuation is the process by which the valuation lists are maintained between revaluations and reflects changes to property of a structural nature and the addition to the valuation lists of new properties. The number of outstanding applications for revision of valuation received by the Valuation Office on a yearly basis is indicated on Table 1. Table 2 shows the current age profile of these applications. The provision of information regarding the square footage of these properties is not possible at this time as this information is obtained during the revision process.

It has been a priority for the Valuation Office to enter into collaborative arrangements to ensure that an efficient and effective revision programme can be conducted on an ongoing basis with all Local Authorities. The Commissioner has implemented a number of initiatives to enhance the capacity of the Valuation Office to deliver a high-quality and timely revision service. During 2015, the Office carried out a revision pilot project involving four local authorities which was designed to improve data exchange with local authorities in general. Following the conclusion of the pilot project, this approach is being rolled out to all local authorities and online services have been enhanced to facilitate more effective data exchanges between those bodies and the Valuation Office.

I am advised by the Valuation Office that the current number of valuer staff engaged on valuation work is 71. The Valuation Office recently commissioned a review of its revaluation and revision processes which was jointly conducted by the Institute of Revenues Rating and Valuation (IRRV) and the International Property Tax Institute (IPTI). That review made a number of recommendations in line with best international practice and which are based on methodologies and processes for handling statutory valuation work in other jurisdictions. These recommendations will now form the basis of an implementation plan which is being put in place by the Valuation Office. The review also proposed, among other recommendations, the establishment of a separate, permanently resourced, Revision Unit which would be responsible for the processing of revision work and the ongoing assessment of properties falling under this category. In this regard, following the receipt of a business case from the Valuation Office seeking the provision of additional funding to allow for the establishment of such a dedicated Revision Unit, I was pleased to be in a position to announce as part of the recent budgetary provisions, the allocation of an additional €750,000 for this purpose. This development, which will involve the appointment of a number of additional staff, in tandem with the rollout of improved online facilities and enhanced processes and procedures, is specifically intended to address backlogs in conducting revision assessments and to enable the Valuation Office to provide timely and high quality revision services to Local Authorities and ratepayers into the future.

The Deputy has requested information in relation to the potential loss to each local authority affected by delays in assessing properties for rates. The collection of rates is solely a matter for local authorities and the financial implications of the revision programme is a matter for individual local authorities. The amount would ultimately be dependent on each authority's Annual Rate on Valuation (ARV) and its overall income and expenditure decided on at its annual budget meeting. The Commissioner has no mandate or part to play in these arrangements.

Table 1 - Revision Applications Outstanding by Year Received

Local Authority	Prior to and including 2013	2014	2015	2016**
Carlow County Council	27	7	62	66
Cavan County Council	39	33	10	31
Clare County Council	25	19	43	49
Cork City Council	74	56	73	13
Cork County Council	203	78	250	201
Donegal County Council	30	29	113	431
Dublin City Council	0	3	197	367
Dun Laoghaire Rathdown County Council	0	0	40	159
Fingal County Council	1	0	29	172
Galway City Council	7	44	93	27
Galway County Council	33	77	92	113
Kerry County Council	45	34	58	14
Kildare County Council	1	1	4	80
Kilkenny County Council	12	13	88	117
Laois County Council	1	3	10	15
Leitrim County Council	0	0	1	20
Limerick City and County Council	7	0	62	136
Longford County Council	1	0	0	9
Louth County Council	24	11	50	103
Mayo County Council	21	10	8	41
Meath County Council	75	142	231	73
Monaghan County Council	37	54	54	62
Offaly County Council	11	1	17	58
Roscommon County Council	3	5	5	51
Sligo County Council	0	0	10	7
South Dublin County Council	9	4	13	129
Tipperary County Council	6	0	37	51
Waterford City and County Council	1	23	40	51
Westmeath County Council	28	6	23	70
Wexford County Council	6	122	67	158
Wicklow County Council	28	23	72	91
	755	798	1852	2965

Local Authority	6 months or less	6 - 12 months	12 - 18 months	18 - 24 months	Over 24 months	Total
Carlow County Council	57	0	62	1	27	147
Cavan County Council	28	1	5	9	67	110
Clare County Council	49	9	24	19	39	140
Cork City Council	10	5	71	1	131	218
Cork County Council	184	121	155	90	219	769
Donegal County Council	413	31	66	38	48	596
Dublin City Council	302	185	82	2	2	573
Dun Laoghaire Rathdown County Council	100	52	29	3	1	185
Fingal County Council	144	71	6	0	1	222
Galway City Council	21	32	43	32	43	171
Galway County Council	104	17	27	93	72	313
Kerry County Council	8	1	58	1	79	147
Kildare County Council	82	7	3	0	2	94
Kilkenny County Council	112	66	28	14	15	235
Laois County Council	12	13	0	4	1	30
Leitrim County Council	20	0	1	0	0	21
Limerick City and County Council	105	63	23	0	7	198
Longford County Council	9	0	0	0	1	10
Louth County Council	57	60	19	7	35	178
Mayo County Council	40	9	0	4	27	80
Meath County Council	34	82	151	114	132	513
Monaghan County Council	0	62	54	23	68	207
Offaly County Council	58	14	3	0	12	87
Roscommon County Council	35	12	1	2	5	55
Sligo County Council	6	8	3	0	0	17
South Dublin County Council	101	23	26	2	12	164
Tipperary County Council	33	35	20	0	6	94
Waterford City and County Council	43	27	12	9	24	115
Westmeath County Council	52	17	9	4	39	121
Wexford County Council	136	28	46	38	103	351
Wicklow County Council	62	43	41	22	41	209
Total	2417	1094	1068	532	1259	6370

Local Authority	Prior to and including 2013	2014	2015	2016**
Carlow County Council	27	7	62	66
Cavan County Council	39	33	10	31
Clare County Council	25	19	43	49
Cork City Council	74	56	73	13
Cork County Council	203	78	250	201
Donegal County Council	30	29	113	431
Dublin City Council	0	3	197	367
Dun Laoghaire Rathdown County Council	0	0	40	159
Fingal County Council	1	0	29	172
Galway City Council	7	44	93	27
Galway County Council	33	77	92	113
Kerry County Council	45	34	58	14
Kildare County Council	1	1	4	80
Kilkenny County Council	12	13	88	117
Laois County Council	1	3	10	15
Leitrim County Council	0	0	1	20
Limerick City and County Council	7	0	62	136
Longford County Council	1	0	0	9
Louth County Council	24	11	50	103
Mayo County Council	21	10	8	41
Meath County Council	75	142	231	73
Monaghan County Council	37	54	54	62
Offaly County Council	11	1	17	58
Roscommon County Council	3	5	5	51
Sligo County Council	0	0	10	7
South Dublin County Council	9	4	13	129
Tipperary County Council	6	0	37	51
Waterford City and County Council	1	23	40	51
Westmeath County Council	28	6	23	70
Wexford County Council	6	122	67	158
Wicklow County Council	28	23	72	91
	755	798	1852	2965
**Applications received up to and including 14/10/16				6370

Table 2 - Revision Requests as at 14th October 2016

Local Authority	6 months or less	6 - 12 months	12 - 18 months	18 - 24 months	Over 24 months	Total
Carlow County Council	57	0	62	1	27	147
Cavan County Council	28	1	5	9	67	110
Clare County Council	49	9	24	19	39	140
Cork City Council	10	5	71	1	131	218
Cork County Council	184	121	155	90	219	769
Donegal County Council	413	31	66	38	48	596
Dublin City Council	302	185	82	2	2	573
Dun Laoghaire Rathdown County Council	100	52	29	3	1	185
Fingal County Council	144	71	6	0	1	222
Galway City Council	21	32	43	32	43	171
Galway County Council	104	17	27	93	72	313
Kerry County Council	8	1	58	1	79	147
Kildare County Council	82	7	3	0	2	94
Kilkenny County Council	112	66	28	14	15	235
Laois County Council	12	13	0	4	1	30
Leitrim County Council	20	0	1	0	0	21
Limerick City and County Council	105	63	23	0	7	198
Longford County Council	9	0	0	0	1	10
Louth County Council	57	60	19	7	35	178
Mayo County Council	40	9	0	4	27	80
Meath County Council	34	82	151	114	132	513
Monaghan County Council	0	62	54	23	68	207
Offaly County Council	58	14	3	0	12	87
Roscommon County Council	35	12	1	2	5	55
Sligo County Council	6	8	3	0	0	17
South Dublin County Council	101	23	26	2	12	164
Tipperary County Council	33	35	20	0	6	94
Waterford City and County Council	43	27	12	9	24	115
Westmeath County Council	52	17	9	4	39	121
Wexford County Council	136	28	46	38	103	351
Wicklow County Council	62	43	41	22	41	209
Total	2417	1094	1068	532	1259	6370

Garda Operations

Questions (87, 101, 105, 121)

Catherine Murphy

Question:

87. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if the Garda Commissioner is required to produce service level agreements; if so, the role population figures, existing crime rates and so on play in determining the resource allocation; and if she will make a statement on the matter. [31473/16]

Catherine Murphy

Question:

101. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the principles and the reasons underlying Garda staffing deployment across the country; the process by which gardaí are deployed; the reason garda numbers per head of population vary so much between different Garda divisions; if the current deployment of gardaí accurately reflects any specific centrally co-ordinated deployment plan; the process by which the annual police plan is developed between her Department and An Garda Síochána; and if she will make a statement on the matter. [31608/16]

Catherine Murphy

Question:

105. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the factors which are taken into consideration when the annual policing plan is being prepared; if population growth trends and projections across the country have been taken into account when previous policing plans have been prepared, especially with regard to the geographical distribution of gardaí; when she expects the next policing plan to be presented to her; and if she will make a statement on the matter. [31612/16]

Catherine Murphy

Question:

121. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the reason redistribution of garda personnel in order that areas with disproportionately low number of gardaí relative to their populations will have an increase in garda personnel has not been among her police priorities; her plans to make this one of her police priorities for the 2016 and 2017 year; and if she will make a statement on the matter. [31682/16]

Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 87, 101, 105 and 121 together.

The levels of service to be provided by the Garda Síochána are set out each year in the annual policing plan. The independent Policing Authority is required under the Garda Síochána Act 2005 (the Act), as amended, to determine priorities and targets for the Garda Síochána in performing its functions relating to policing services. In developing the policing priorities for 2017 the Authority has had regard to the programme for Government, the Strategy Statement for An Garda Síochána 2016-2018, the Garda public attitudes survey, consultation with the Garda Síochána, concerns expressed by members of the public and civil society and in the media, and priorities for previous and comparator policing plans.

The Deputy will be aware that the Commissioner published An Garda Síochána's Modernisation and Renewal Programme 2016-2021 on 9 June 2016. The Programme is the Commissioner's response to the recognised demand for reform from both inside and outside the Garda organisation. Its implementation will result in a restructured organisation to ensure it can meet present and future policing and security challenges. It is anticipated that implementation of the Modernisation and Renewal Programme will feature amongst the policing priorities for 2017 and will address the issues around garda deployment which the Deputy raises in her question.

In response to the Deputy's question on the process for developing the annual policing plan I can advise that this is clearly set out in Section 22 of the Act. When producing her policing plan, the Commissioner is required to have regard to the priorities determined by the Policing Authority. The Authority shall then, with my consent, approve the plan and send a copy to me to be laid before the Houses of the Oireachtas. It is expected the Policing Plan for 2017 will be received by my Department in early December for my consent.

Separately, the Garda Inspectorate is commencing a review to examine the dispersal and use of resources available to the Garda Síochána in the delivery of policing services to local communities and to make recommendations to provide a more effective, visible and responsive policing service. This review will consider demographic changes and is being overseen by the Policing Authority.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions and Districts. I am assured by the Garda Commissioner that personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public. In regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division as appropriate.

Finally, I would like to draw the Deputy's attention to the significant resources that have been made available to the Garda Síochána under the Government's Capital Plan 2016 - 2021 which will help facilitate the Commissioner's Modernisation and Renewal Programme. In particular, some €205 million for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. The Government has approved a Five Year Reform and High Level Workforce Plan for An Garda Síochána which has as its centrepiece a vision of a police service comprising 15,000 gardaí, 4,000 civilians and 2,000 reserves.

Prison Regulations

Questions (88)

Clare Daly

Question:

88. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the maximum number of days that a person can be segregated from the general prison population under rule 62 of the prison rules 2007; the opportunities for a review of their segregation that are available to a prisoner while segregated; if there is provision for an automatic review of a prisoner being segregated; if so, the number of days after which such a review takes place; and the person or body it is conducted by. [31477/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that Rule 62 of the Prison Rules 2007 allows for the removal of prisoners from structured activity or association on the grounds of maintaining good order or safe and secure custody. The rule stipulates that the period concerned should be no longer than absolutely necessary. In accordance with Rule 62 (4) where a direction is still in force, the Governor shall review the situation not less than every seven days from the issuing of the initial directive. The prisoner, in respect of whom the direction is given, is notified in writing of the direction and the outcome of any review.

I am further advised that where there is a need for the extended removal of the prisoner beyond 21 days, the Governor must submit a report to the Director General of the Irish Prison Service, who must authorise such an extension in writing. Thereafter, should a further extension be necessary, the Governor must submit a request to the Director General not less than every seven days.

Prison Regulations

Questions (89)

Clare Daly

Question:

89. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the maximum number of days that a prisoner's regime can be restricted under rule 63 of the prison rules 2007; the opportunities for a review of their regime restriction that are available to a prisoner while subject to a restricted regime; if there is provision for an automatic review of a prisoner being subject to regime restriction; if so, the number of days after which such a review takes place; and the person or body it is conducted by. [31478/16]

Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that in accordance with Rule 63 of the Prison Rules 2007, a prisoner may at his own request, or when the Governor considers it necessary for the maintenance of good order and safe and secure custody, be kept separate from other prisoners who are reasonably likely to cause the prisoner significant harm.

The Governor is required to keep a record of all directions under this rule and in particular:

(a) The names of each prisoner to whom the rule applies

(b) The date and time of commencement of the prisoner's separation

(c) The grounds upon which the prisoner is deemed vulnerable

(d) The views if any, of the prisoner

(e) The date and time when the separation ends

The prisoner in respect of whom the direction is given, is notified in writing of the direction and of the outcome of any review. The prisoner must be the subject of ongoing review by the Governor.

Under Rule 63 a Governor may authorise a prisoner to participate in authorised activity with other prisoners of the same category.

Anti-Social Behaviour

Questions (90)

Seán Haughey

Question:

90. Deputy Seán Haughey asked the Tánaiste and Minister for Justice and Equality if the Garda in Coolock have adequate manpower and resources to deal with an ongoing problem of anti-social behaviour in the Edenmore area; and if she will make a statement on the matter. [31487/16]

Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I, as Minister, I have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of resources 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.

The area referred to by the Deputy is covered by Coolock Garda District which is part of the Dublin Metropolitan Region (DMR) North Division. I am informed by the Garda Commissioner that on 30 September 2016, the latest date for which figures are readily available, the current Garda strength in that Division was 675, of which 102 were assigned to Coolock Garda station. The station also has a complement of 6 Garda Reserves and 11 Civilian staff. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation), and the National Drugs and Organised Crime Bureau.

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. In furtherance of this I recently announced that the Government has approved my proposal for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.

Taking account of projected retirements, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of which 41 have been assigned to the DMR North. Another 150 will attest later this year and will be assigned to mainstream uniform duties nationwide.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Commissioner. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

I am, of course, conscious of the impact which anti-social behaviour and the types of crime referred to have on the quality of life for residents in local communities. An Garda Síochána continues to tackle public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour. The Deputy will appreciate that I do not have a role in relation to Garda policing strategies in any particular local area but have brought the Deputy's specific concerns to the attention of the Garda Authorities. I might add that there is a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. There are also the incremental provisions contained in the Criminal Justice Act 2006 which provide for warnings and civil proceedings in relation to anti-social behaviour by adults and Part 13 of the Act which provide for warnings, good behaviour contracts and civil proceedings in relation to anti-social behaviour by children.