Written Answers Nos. 90-111
90. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality when determination of eligibility for naturalisation will be completed in the case of a person (details supplied); and if she will make a statement on the matter. [40765/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that there is no record of a current application for a certificate of naturalisation from the person referred to by the Deputy.
It is open to any individual to lodge an application for citizenship if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956 as amended. Detailed information on Irish citizenship and naturalisation is available on the INIS website at www.inis.gov.ie. The website also contains an on-line naturalisation residency calculator which individuals may find of assistance in establishing if the residency requirements are met.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
91. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she will set aside refusal of family reunification in respect of the spouse and children of a person (details supplied); if she will urgently examine the case on humanitarian grounds with a view to approval; and if she will make a statement on the matter. [40768/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received by the Visa Office in Abuja, Nigeria, from the family members referred to in August, 2015. The applications were refused in September, 2015 and the original decisions were upheld on appeal. Appeal refusal letters issued to the applicants on 18 January, 2016. As per INIS guidelines, only one appeal may be made in respect of an application.
I am further advised that all grounds on which the applications were based were considered in the original decisions and subsequent appeals. It is of course open to the applicants to make fresh visa applications at any time. It would be advisable however that any fresh applications should address the original refusal issues and provide any other information that the applicants consider relevant to their application.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
92. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which assets seized by the Criminal Assets Bureau have been disposed of to third parties other than the original owners and holders of such assets; and if she will make a statement on the matter. [40770/16]
View answerI can inform the Deputy that assets seized by the Bureau are subject to disposal in accordance with the relevant statutory provisions and the monies raised returned to the Exchequer.
I can further inform the Deputy that in circumstances where an interim or interlocutory order under the Proceeds of Crime legislation is in place it is open to any person to seek to vary or set aside such an order if that person can satisfy the court that they have a legitimate right to the property and/or the said property is not the proceeds of criminal conduct. There are a number of examples of such orders being made outlined in the Criminal Assets Bureau Annual Reports.
The Annual Reports are available in the Oireachtas library and on the website of An Garda Síochána and my Department.
93. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which action continues to be taken against teenagers becoming involved in faction fight type incidents in residential areas throughout the country, with special reference to the greater Dublin area; and if she will make a statement on the matter. [40771/16]
View answerThe Deputy will appreciate that actions to deal with the issues referred to are a matter for An Garda Síochána in the first instance. I am advised that all incidences of assault and public disorder, including the sort of incidents referred to, which come to Garda attention are thoroughly investigated, whether in the greater Dublin area or elsewhere.
The allocation of Garda resources and the prioritising of policing matters is a matter for local Garda management who are best placed to respond to localised public disorder, street violence and anti-social behaviour. Gardaí engage closely with local communities, including Neighbourhood Watch and Community Alert groups, and in more formal structures such as Joint Policing Committees. This engagement facilitates the expression of community concerns in relation to policing and public order issues and helps Gardaí to respond appropriately. In this regard there is a wide range of legislation available which may be utilised by An Garda Síochána to address incidents of anti-social behaviour and related criminal acts.
There are also particular interventions which can be taken in relation to young persons who may have become involved, or be at risk of becoming involved, in crime. My Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service which manages the Garda Youth Diversion Project Network nationwide. There are 106 Garda Youth Diversion Projects (GYDPs) in place nationwide. GYDPs are community based multi-agency crime prevention initiatives which primarily seek to divert young people who have become involved in crime/anti-social behaviour. In 2016, approximately €12m was allocated by the Irish Youth Justice Service to GYDPs and a number of other youth diversion community based projects around the country. The evidence indicates that Diversion Projects are a sound investment. The GYDPs tackle behaviours such as impulsiveness which is associated with the bulk of youth crime; for example, public order offending and minor theft. The GYDPs have a critical role to play in reducing youth crime. Their role is to prevent or 'divert' young people from the onset of repeat or serious offending, including potential future involvement in gangland crime, and they do this very effectively and efficiently. An overview of youth crime can be found in the Annual Reports of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme.
The Garda Youth Diversion programme continues to make significant inroads in targeting supports to young people in effectively diverting them towards more positive life choices.
In conclusion, I might add that the Government is making very significant investments in policing resources, including the expansion of the Garda fleet and the upgrading of Garda technology and IT systems. These investments are underpinned by the commitment to increase Garda numbers to 15,000 overall, and all of these measures will undoubtedly enhance the Garda response to the issue referred to and benefit policing services generally in all areas of the country.
94. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of killings attributed to criminal gangland activity in the past ten years to date in 2016; the degree to which the perpetrators have been apprehended, charged and punished; and if she will make a statement on the matter. [40772/16]
View answerI am, of course, deeply concerned about the incidence of gun murders and I deplore all such killings. All killings, regardless of the circumstances involved, are the subject of rigorous investigation by An Garda Síochána and will continue to be so.
An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are employed, including by National Units within An Garda Síochána and with other agencies, to ensure that the activities of individuals and groups involved in criminal activities are effectively targeted, including through the use of legislation on the proceeds of crime and money-laundering, as well as the powers of the Criminal Assets Bureau.
Yesterday, I was present at the launch of the new dedicated Armed Support Unit (ASU) for Dublin, which is an important element in our response to violent criminal gangs. The new Unit has been established following completion of the necessary specialised training and preparation of equipment. While full armed support was already being provided on an overtime basis, I am very pleased that the new ASU is now fully operational.
I am informed by the Garda authorities that, as of 6 December 2016, there were 14 gang-related killings during 2016. There have been 44 arrests with 5 persons charged in connection with those murders and a further 3 persons charged with related offences. I am further informed that in the previous ten (10) years, [2006-2015] there were 127 murders which are considered to be linked to organised crime or dissident groups, 25 of which have been detected, with 28 criminal proceedings resulting from same.
95. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which crimes continue to be committed by persons on bail in respect of previous criminal activity; the extent to which multiple crimes continue to be committed in this fashion; the action taken or pending; and if she will make a statement on the matter. [40773/16]
View answerThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of crime statistics and the CSO has established a dedicated unit for this purpose.
I have requested the CSO to provide the available statistical information in relation to the matters referred to directly to the Deputy.
There are a number of recent measures which have been introduced in relation to repeat offenders, including those on bail. In particular I might mention the Criminal Justice (Burglary of Dwellings) Act, 2015, which I introduced as part of a comprehensive strategy targeting burglary and related property crime. This legislation is targeted at those repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. The Act requires the District Court to provide for consecutive jail sentences where a burglar is being sentenced for multiple offences. It will also allow Courts to refuse bail for offenders who have a previous conviction for domestic burglary coupled with two or more pending charges.
As the Deputy will be aware, the Bail (Amendment) Bill 2016 was published on 8 December 2016. This Bill will strengthen the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail. The Bill will meet the commitment in the Programme for Government to introduce and fast-track legislation providing for stricter bail terms for repeat serious offenders which will strengthen Garda powers to deal with breaches of bail, increase the use of curfews, and introduce electronic tagging for those on bail where requested by Gardaí.
The new Bill will place clear new requirements on the courts in considering bail applications, including requiring the court to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence with a penalty of 10 years’ imprisonment of more.
The Bill will also introduce some important reforms to the law, such as:
- Providing that courts must give reasons for bail decisions.
- Providing the Gardaí with new powers of arrest without warrant for breach of bail conditions, where it is necessary to arrest the person immediately to prevent absconding or to prevent harm, interference or intimidation to the victim or a witness to the offence.
- Giving the courts the power to prohibit an accused person from driving, where the person has been charged with a serious road traffic offence and the court considers this necessary to prevent the commission of a serious road traffic offence.
- Providing for the imposition of curfews as a condition of bail.
In addition, there will be provision for a court, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.
The referred reply under Standing Order 42A was forwarded to the Deputy.
96. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the action taken to deter young persons from contemplating a life of criminality, with particular reference to removing gangland criminals from the scene by way of prosecution and, as required, incarceration, in view of the degree of hero worship enjoyed in such circles traditionally; and if she will make a statement on the matter. [40774/16]
View answerI can assure the Deputy I am well aware of the issues to which he refers and that tackling the involvement of young people in crime continues to be a priority for this Government.
My Department has responsibility for the Community Programmes Unit of the Irish Youth Justice Service which manages the Garda Youth Diversion Project Network nationwide. There are 106 Garda Youth Diversion Projects (GYDPs) in place nationwide. GYDPs are community based multi-agency crime prevention initiatives which primarily seek to divert young people who have become involved in crime/anti-social behaviour. In 2016, approximately €12m was allocated by the Irish Youth Justice Service to GYDPs and a number of other youth diversion community based projects around the country. The evidence indicates that Diversion Projects are a sound investment. The GYDPs tackle behaviours such as impulsiveness which is associated with the bulk of youth crime; for example, public order offending and minor theft. The GYDPs have a critical role to play in reducing youth crime. Their role is to prevent or 'divert' young people from the onset of repeat or serious offending, including potential future involvement in gangland crime, and they do this very effectively and efficiently. An overview of youth crime can be found in the Annual Reports of the Committee Appointed to Monitor the Effectiveness of the Diversion Programme.
The Garda Youth Diversion programme continues to make significant inroads in targeting supports to young people in effectively diverting them towards more positive life choices.
The Deputy will also be aware of the very significant measures which have been introduced in response to the appalling gang-related violence over the past year or so. These measures include the provision of significant additional resources to An Garda Síochána, strengthened legislative measures targeting the proceeds of crime, the establishment of a new Garda Special Crime Task Force in Dublin and the establishment of a dedicated Garda Armed Support Unit in Dublin which is now fully operational on a round-the-clock basis.
We are already seeing significant results being achieved on foot of these measures which are coordinated under Operation Hybrid. As of 6 December 2016, there have been 44 arrests in relation to gang-related killings in Dublin, with 5 persons charged in connection with those murders and a further 3 persons charged with related offences. In addition, 22 firearms have been seized and over 8,000 lines of enquiry conducted. In excess of 11,520 high visibility checkpoints have been implemented with significant support from Armed Support Units and a significant amount of CCTV footage, mobile phone traffic, and forensic evidence is also being examined. Operation Hybrid is reviewed on a weekly basis to maintain optimal impact.
All of these measures are underpinned by the commitment to increase Garda numbers to 15,000 overall, and will undoubtedly enhance the Garda response to the matters referred and benefit policing services in all areas of the country.
97. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which extra gardaí are likely to be deployed to County Kildare and surrounding areas in view of the ongoing challenge of criminal activity arising from geographic proximity to Dublin; and if she will make a statement on the matter. [40775/16]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps 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 am informed by the Garda Commissioner that 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 Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed that the Garda strength of the Kildare Garda Division, on the 31 October 2016, the latest date for which figures are readily available, was 307. There are also 22 Garda Reserves and 29 civilians attached to the Division. 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 Garda National Drugs and Organise Crime Bureau. I am advised that Local Garda management in Kildare have also implemented additional policing measures in response to recent incidents in the Division, including additional Garda foot patrols, checkpoints and patrols by the Regional Support Unit.
This Government is committed to ensuring visible, effective and responsive policing throughout the country in order to strengthen community engagement, provide reassurance to citizens and prevent crime. To make this a reality for all, the Government has in place a plan to achieve 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.
Since the reopening of the Garda College, 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, including 35 to the Kildare Division. I am informed by the Garda Commissioner that another 900 trainee Garda are scheduled to attest in 2017 which will bring Garda numbers to around the 13,500 mark by year end.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including Kildare in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
98. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when consideration will be given to motorised gardaí on the beat by way of moped or quad bike, thereby providing a visible and constant service throughout the community, in view of the fact that such transport can be fitted with the most modern technology; and if she will make a statement on the matter. [40776/16]
View answer99. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if and when consideration will be given to motorised gardaí on the beat by way of moped or quad bike throughout County Kildare, thereby providing a visible and constant service throughout the community, in view of the fact that such transport can be fitted with the most modern technology, with particular reference to the growing towns and settlements throughout north Kildare; and if she will make a statement on the matter. [40777/16]
View answer102. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which all modern communications, training and technology continues to be made available to An Garda Síochána, with particular reference to the need to ensure that policing here is at least on par with neighbouring and EU jurisdictions; and if she will make a statement on the matter. [40780/16]
View answerI propose to take Questions Nos. 98, 99 and 102 together.
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
The Deputy will be aware of the significant investment of some €46 million in the Garda Fleet under the Government's Capital Plan 2016 - 2021. In 2016 alone, some 520 vehicles have been deployed in An Garda Síochána with approximately 200 additional vehicles on order. Next year, there will be funding of some €4 million available to further modernise the fleet.
This investment will continue to provide the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. I am advised by the Garda authorities there are no plans at present to introduce mopeds or quad-bikes to the fleet of vehicles available to An Garda Síochána.
In addition, some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime and to facilitate progress on important reforms arising from the Garda Inspectorate's report on Crime Investigation. Examples of the new systems to be developed through this investment include:
-·new computer-aided dispatch to ensure responsive and coordinated deployment of Gardaí in the community;
- mobile technology to give the Gardaí secure mobile access to critical information when and where they need it;
- investigations management systems to ensure enhanced management of crime investigations; and
- upgrading the Automated Number Plate Recognition (ANPR) to enhance policing of road safety and compliance.
ANPR is an internationally recognised tool that was introduced into An Garda Síochána in 2008 and is fitted in official Garda vehicles which are allocated in all Garda Divisions and Districts nationwide. ANPR works on the basis of an in-car camera, reading vehicle number plates using optical character recognition technology, which checks each vehicle registration number plate against PULSE to identify, for example, stolen or untaxed vehicles. It also includes a speed detection and video recording capability and is utilised for both roads policing and as an investigative and intelligence tool.
Furthermore, a considerable amount of new Garda ICT solutions has been delivered over the past number of years. These include the deployment of a secure national digital radio system (NDRS), the deployment and support of Garda and Community CCTV systems and the addition of many new functions to the PULSE system, which itself is further supported by a dedicated data entry service in Castlebar.
The Government’s overarching commitment is to ensure 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, the Government has approved my proposal for an overall Garda workforce of 21,000 personnel to be achieved by 2021, comprising 15,000 Garda members, 4,000 civilians and 2,000 Reserve members. 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.
The Deputy will also be aware that the Commissioner launched the Garda Síochána Modernisation and Renewal Programme 2016-2021 in June which takes on board the key findings of various reports into An Garda Síochána by the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission and expert groups, amongst others. The Programme is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges.
100. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality if she can confirm that criminal gangs or their representatives have no influence in the organisation of life within the prison sector with particular reference to organisation of and access to rehabilitative programmes or any other aspect of the regime while they are in prison; and if she will make a statement on the matter. [40778/16]
View answerI can advise the Deputy that all committals to the prison service are dealt with in a manner which ensures the safety of the prisoner themselves, the staff and the entire prisoner population. Each prisoner is placed in accommodation deemed appropriate to the individual based on the information made available to the prison staff on committal, which would include health, offence, criminal connections and possible conflicts with other prisoners.
I can further advise the Deputy that the Irish Prison Service is committed to preventing the inappropriate influence of prisoners associated with gangs over persons either in custody or in the community. Measures taken on a continuous basis include regular targeted searching, placement in high security institutions, screened visits, barring of certain visitors, the use of CCTV and mobile phone detectors, examination and monitoring of mail, close supervision of all visits, metal detectors, the setting up of the Operational Support Group (OSG) and the introduction of drug detection dogs.
There are a number of mechanisms available to Governors to manage behaviour which may undermine the prison regime and good order. These include:
- Actively managing breaches of discipline within the prisons. There were 8,070 disciplinary hearings into breaches of discipline in 2015.
- 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.
- Rule 63 of the Prison Rules 2007 allows that 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. Under Rule 63 a Governor may authorise a prisoner to participate in authorised activity with other prisoners of the same category.
The majority of prisoners, other than in exceptional circumstances, have access to the rehabilitative programmes in the respective prisons.
101. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which resources continue to be made available for the pursuit of cold cases, including those of missing persons whose whereabouts have never been confirmed; and if she will make a statement on the matter. [40779/16]
View answerAs the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
At the conclusion of each review by the SCRT, a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
The Deputy will appreciate that all Garda activities, including the investigation of unsolved cases, will benefit from the ongoing investments in policing resources and the accelerated programme of Garda recruitment which are now underscored by commitments in the Programme for Government.
103. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the steps that can be taken to ensure first-time offenders in prison are segregated during recreation or rehabilitative training from members of criminal gangs seeking to recruit new membership; and if she will make a statement on the matter. [40781/16]
View answerI am advised by the Irish Prison Service that there is a standard operational procedure in place to ensure that upon committal, all offenders are assessed and accommodated appropriately according to their needs and specific security status. Dedicated committal units have been established in all committal prisons for this purpose.
The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. To segregate first time committals from the general prisoner population would greatly reduce their access to rehabilitative programmes and services.
104. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the degree to which all reports of drug peddling by members of criminal gangs and amateurs at their behest continue to be followed up and prosecutions taken; if a sample of such cases over the past five year period and in respect of different regions will illustrate this; and if she will make a statement on the matter. [40782/16]
View answerI can advise the Deputy that the Policing Plan of An Garda Síochána sets out the continued commitment of An Garda Síochána to pro-actively target groups and individuals engaged in drug crime. In this regard An Garda Síochána's National Drugs and Organised Crime Bureau continues to lead out the policing strategy for tackling drugs by both demand reduction and supply reduction strategies.
The Bureau continues to work closely with District and Divisional Drug Units nationwide in tackling drug supply reduction at local level which includes the investigation of reported drug crime within communities.
In addition, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in drug trafficking are effectively targeted, including by the use of the Proceeds of Crimes legislation, money-laundering legislation and the powers of the Criminal Assets Bureau.
Further to this, An Garda Síochána also has in place a number of strategic partnerships both nationally and internationally including with the Irish Customs Service, the Health Products Regulatory Authority, the Irish Naval Service, Europol, Interpol and the Maritime Analysis and Operations Centre Narcotics based in Lisbon. An Garda Síochána also has a particularly close working relationship with the Police Service of Northern Ireland in respect of policing, preventing and detecting the sale, supply, importation and distribution of drugs on the island of Ireland.
I am further advised by the Garda authorities that in addition to the considerable volume of drugs which has been seized to date in 2016, that significant successes continue to be made in the disruption of organised crime groups through the arrest and prosecution of persons involved in the illegal drugs trade in this State.
Finally, further detailed information with regard to drug seizures made by An Garda Síochána is available in the Annual Reports of An Garda Síochána which can be accessed at www.garda.ie. In addition, data on the number of controlled drug offences and their disposal is provided in the Central Statistics Office's published crime statistics (www.cso.ie) and the Annual Reports of the Courts Service (www.courts.ie).
105. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of promotions at all levels in An Garda Síochána made in the past 12 months; the number of vacancies still to be filled at whatever level; and if she will make a statement on the matter. [40783/16]
View answerAppointments to the ranks of Sergeant and Inspector are a matter for the Garda Commissioner under section 14 of Garda Síochána Act 2005. I am informed by the Commissioner that in the period 1 January 2015 to 25 November 2016, 275 Garda were promoted to the rank of Garda Sergeant and 102 Sergeants were promoted to the rank of Inspector. These appointments were made in accordance with the statutory framework as set out in the 2005 Act and related regulations. In particular, the appointees were drawn in order of merit from promotion panels formed on foot of competitions held by the Commissioner in accordance with the Garda Síochána (Promotion) Regulations 2006. I understand that these promotion panels are now exhausted and that the Commissioner intends to announce new competitions for promotion to the rank of Sergeant and Inspector shortly.
In relation to the senior ranks, at the request of the Garda Commissioner, the Government has made 43 appointments to these ranks this year as follows: 5 to the rank of Assistant Commissioner, 13 to the rank of Chief Superintendent and 25 to the rank of Superintendent. These appointments were to fill vacancies that had arisen and were within the agreed strength of the Employment Control Framework (ECF). As matters stand the senior ranks of An Garda Síochána have their full complement and I am informed by the Garda Commissioner that no further vacancies are anticipated within the ECF this year.
As the Deputy is aware the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 contemplates the Policing Authority assuming the function of selecting and appointing persons to the senior ranks. I am absolutely committed to the Authority assuming this function and intend to bring the necessary Regulations to Government for approval next week with a view to the Authority taking on the function on 1 January 2017. Once this is done, it will be a matter for the Authority to undertake its own selection competitions for appointments to these ranks. The establishment of the Authority represents one of the most significant and progressive reforms to the justice sector over recent years and the transfer of the appointment function is a particularly important signal of this reform.
Information in relation to the number of civilian promotions within An Garda Síochána for the period in question and the number of vacancies at the rank of Sergeant, Inspector and the civilian promotional grades has been requested from the Garda Commissioner and I will forward this information directly to the Deputy when it is to hand.
106. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the stage a project (details supplied) is at; when this project will proceed to the next stage; the likely timescale for the awarding of the contract and construction; and if she will make a statement on the matter. [40927/16]
View answerThe Deputy will be aware that the Office of Public Works (OPW) has primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard. As Minister, I have no role in these matters.
As I indicated in my response to Parliamentary Question No. 129 of 29 November 2016, the OPW is progressing legal matters relating to the acquisition of a site for the proposed new Garda station in Bailieborough.
The Deputy will appreciate that, until these matters are complete, it is not possible to provide an exact timeline and details concerning procurement or costing of the new station.
107. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the progress in the investigation of the Belturbet bombing of December 1972; and if she will make a statement on the matter. [40928/16]
View answerThe bombing at Belturbet in December 1972 took two young lives in a dreadful act of violence. Our deepest sympathies are with the families who were bereaved by this atrocity. They, like the families of so many others killed over course of the troubles in unjustified and callous acts, bear the pain of loss to this day.
I am informed by the Garda Authorities that the bombing at Belturbet and the two deaths caused by it were the subject of a thorough Garda investigation at the time. Expertise was provided by the Defence Forces. The investigations at that time involved close liaison with the authorities in Northern Ireland. However, although every avenue of inquiry open to the investigation was pursued it was not possible to uncover evidence to sustain a prosecution for this crime. It remains a source of deep disappointment that no one has been brought to justice for these murders.
I have been informed by the Garda Authorities that the investigation into these murders remains open. Regrettably it is the case that with the passage of over 40 years and in the absence of any new evidence emerging, one must be realistic about the prospects of successful prosecutions. Nonetheless, the Garda Authorities will pursue fully any new information or evidence that may be made available and would work with the PSNI to seek to progress the investigation in such circumstances. Anyone who has any relevant information in respect of this atrocity should bring it to the attention of the Garda Authorities.
108. Deputy Michael Harty asked the Tánaiste and Minister for Justice and Equality if she will implement a single up to date Garda clearance recognised across various disciplines, such as child care, special needs assistant, teacher, youth reach leader and pastoral council member, thus avoiding the need for individual Garda clearance for each appointment; and if she will make a statement on the matter. [40995/16]
View answerI am pleased to inform that Deputy that at present, 80% of overall vetting applications are being processed by the National Vetting Bureau in five working days. In circumstances where there is such a sustained reduction in processing times, the issue of vetting “transferability” is very largely obviated. This efficiency in the Garda vetting systems has been achieved by the deployment of the e-Vetting system which facilitates the on-line processing of applications for vetting from registered organisations. The e-Vetting system is available to all registered organisations and the Garda Authorities are ready to assist those organisations who are not yet using the e-Vetting system to do so.
The primary purpose of the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults. Vetting checks are conducted by the Garda vetting bureau for each new vetting application received to ensure that the most recent data available is taken into account. This is because once there has been any significant lapse of time between one employment and another, the original Vetting Disclosure must be reviewed to take account of any changes in information, such as more recent criminal convictions.
Furthermore, under the Data Protection Acts, any sensitive personal data which employers use in regard to their employees must be current, accurate and up-to-date. Importantly, the general non-transferability and contemporaneous nature of the current process also helps to protect against the risk of fraud or forgery in the process.
There are certain limited circumstances where organisations can share a single vetting disclosure where this is agreed to by the vetting applicant. Section 12(3)(A) of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (as amended) provides that two or more relevant organisations can enter into a joint written agreement in relation to the employment, contracting, permitting or placement of an person to undertake relevant work or activities thereby providing for only one of the organisations being required to conduct vetting in respect of that person.
109. Deputy Aengus Ó Snodaigh asked the Tánaiste and Minister for Justice and Equality when a person (details supplied) will receive notification of an application for citizenship. [41009/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is under consideration and a decision is expected to issue in the near future.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
The Deputy may wish to note that queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established specifically for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
110. Deputy Róisín Shortall asked the Minister for Finance if he has considered introducing a graduated scale of carbon taxation based on the level and type of carbon gas emitted; and if he will make a statement on the matter. [40713/16]
View answerThe structure and application of all taxes are considered each year by my Department as part of the annual Budget and Finance Bill process, with policy options presented to the Tax Strategy Group. In relation to carbon tax specifically, options around this tax were contained in the 2016 TSG Paper 16/03 Energy and Environmental Taxes, which is published on my Department's website.
The Deputy will be aware that Carbon Tax was introduced on a phased basis over a period of time, with its application to transport fuels (petrol and diesel) in December 2009, in May 2010 it was extended to non-transport fuels such as kerosene, green diesel, liquefied petroleum gas and natural gas. When introduced the rate was €15 per tonne of CO2 emissions and this was increased to €20 per tonne in December 2011. Finally carbon tax was extended to solid fuels at a reduced rate of €10 per tonne from May 2013 which increased to €20 per tonne in May 2014.
In order to achieve the policy aim of reducing carbon emissions, carbon tax is applied per tonne of carbon gas emitted and by its nature a higher level of tax applies to those more carbon intensive fuels. While I keep an open mind on such matters, any changes to the application of carbon tax must take account of the impact on fuel policy and the broader economy.
111. Deputy Niall Collins asked the Minister for Finance if the programme for Government commitment (details supplied) will be implemented fully in 2017; and if not, the reason therefor. [40827/16]
View answerA capital gains tax (CGT) relief was introduced in the Finance Act 2015 for entrepreneurs disposing of certain business assets. That relief superseded a CGT relief for entrepreneurs introduced in the Finance Act 2014.
The relief introduced in the Finance Act 2015 is much more broadly based than the previous relief and provided that a 20% rate of CGT applies in respect of a chargeable gain or chargeable gains on a disposal or disposals of qualifying business assets made on or after 1 January 2016 up to a lifetime limit of €1m.
As part of the progression of this relief for entrepreneurs, the Finance Bill 2016 provides that the rate of CGT on disposals of such assets on or after 1 January 2017 will be reduced to 10%.
Having reviewed the options available to me in advance of Budget 2017, I determined that the best way to fulfil the intent of the commitment in the Programme, within the resources available, was to reduce the rate applicable under the existing relief to 10%, without changing the other features of the relief for the moment.
The details of the relief will be kept under consideration and, depending on its operation and the resources available, can be revisited in the context of future budgets.
