Written Answers Nos 1-30
7. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality the way in which she will fund the Labour Court recommendations (details supplied) made since budget day; if she will revise the estimates based on that decision; and if she will make a statement on the matter. [36754/16]
View answerI welcome the decision by Garda Representative Association and Association of Garda Sergeants and Inspectors members to accept the independent recommendation of the Labour Court which sought to address the concerns that have been articulated in relation to their pay and conditions, the pay and conditions of new recruits, and their access to the statutory dispute resolution bodies.
Arising from recent discussions with the Department of Public Expenditure and Reform, the cost of the Labour Court recommendation is being met through a combination of additional exchequer funding and funding from within the existing budgetary allocation for the Justice Vote Group.
An additional €25 million in exchequer funding is being provided to the Garda Vote in the Revised Estimates to meet the costs of the recommendation. This will lead to an overall increase in the Justice Group expenditure ceiling for 2017 compared with Budget Day. The remaining cost of circa €25 million will be met from within the Justice Sector. This represents less than 1% of the overall Justice Group allocation of €2.572 billion for 2017.
In identifying the necessary savings within the Vote Group, I am of course very conscious of the need to ensure that the resources necessary for the delivery of the front line services in all areas of the Justice Sector are protected. By its nature prudent management of budgets will require careful and ongoing assessment throughout the year; as such the exact nature of the savings to be made will emerge during the course of the year.
This process has commenced in the Revised Estimates in that a reallocation of €4.35 million to Garda Pay from the Justice and Equality Vote has been made. In addition, part of the additional cost is met from reallocating funding from superannuation to payroll within the Garda Vote.
The sources of the remaining adjustment within the Justice Vote Group will be fully determined based on budgetary and expenditure trends across the Group during 2017. It will take into account any under spends in areas such as administrative and legal expenses and any surplus receipts which are generated across the sector.
10. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality if the decrease in the number of community gardaí in County Limerick in recent years will be reversed; and if she will make a statement on the matter. [40450/16]
View answerThis 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.
Taking account of projected retirements, reaching a strength of 15,000 members 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 have been recruited since the reopening of the Garda College in September 2014. So far 679 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide, including 23 to the Limerick 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. While it is the case, as advised by the Commissioner, that all Gardaí have a role to play in addressing community policing issues as and when the need arises and, in that sense, community policing involves far more than a single unit within An Garda Síochána, the moratorium on recruitment introduced in 2010 resulted in a significant reduction in the number of dedicated Community Gardaí throughout the state. We are now rebuilding the Garda Síochána and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Community Gardaí across every Garda Division, including Limerick, 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.
13. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the status of the implementation of the recent recommendations from the report of the independent review group on her Department; and if she will make a statement on the matter. [40299/16]
View answerMy Department has implemented significant reform through a Programme for Change following the report of the Independent Review Group which recommended a range of organisational and cultural changes. Some actions involve strengthening structural and governance processes while others focused on changing organisational behaviour. It should be noted that many of the changes overlap with the actions set out in the Civil Service Renewal Plan.
Much work has been done to address the recommendations regarding relationship management and oversight of An Garda Síochána. The most significant is the establishment last January of the Policing Authority which represented a very far-reaching reform of An Garda Síochána. This is a major element of the comprehensive programme of justice reform that the Government is delivering. In particular, the Authority brings a new and dedicated layer of public accountability to the administration of policing services and it also provides an engine to drive necessary changes in the policing system and its practices. The goal is to ensure that the Garda organisation will be fully fit to meet the ongoing and emerging challenges of 21st century policing.
In addition to the policing area and running alongside the implementation of the major change programme, enormous progress has been made over the past 2 years on the Department's business agenda across very significant areas of public life. Major issues addressed in this context include Child and Family Relationship Legislation, Marriage Equality Legislation, International Protection legislation and a single applications procedure, progressing the implementation of the EU Victims Directive, establishment of the Irish Refugee Protection Programme (IRPP) to meet Ireland’s international humanitarian obligations, amongst many others.
Particular changes made in my Department include the following:
- In the light of an extensive consultation process with staff, agencies and stakeholders, a new Culture and Values Charter was developed and published earlier this year with the objective of fostering a more outward facing, listening organisational culture. These values are fed into all induction and leadership training and inform the way in which the Department communicates with staff and stakeholders. A cross grade Change Team, led by the Secretary General, is working to ensure that the values are embedded in the organisation;
- The Department’s Management Advisory Committee has been reconstituted as a Management Board, new personnel have been appointed, both from within the Department and externally, and lateral mobility put into effect. Following a competition, a Secretary General was permanently appointed in October last. Robust supporting processes have been put in place to enhance leadership and oversight of the Department and wider sector and to facilitate more effective management and governance of the strategic objectives. A Corporate Governance Framework for the Department was published last April;
- Agency performance and governance arrangements have been formalised and strengthened through formal Performance/Service Delivery Agreements and Frameworks agreed with 24 key agencies including An Garda Síochána
- Since March 2014, the Department has put in place revised systems and procedures to ensure that all correspondence is handled appropriately which specifies that high priority correspondence is brought to the attention of the Minister and relevant officials and followed up in a timely manner;
- An annual Strategic Plan was published in 2015 and again this year which draws together in one single plan all the strategic priorities across the Department. Progress is monitored monthly and twice yearly progress reports are published;
- Risk management processes have been significantly strengthened and the Department's Audit Committee which has a majority of external members has reviewed its processes.
The Department appointed a Head of Strategic Human Resources from an open competition in June 2016. Following her appointment a process of workforce planning has been initiated with a view to identifying the resources required to effectively deliver on the Department's business objectives. Training programmes were also initiated with a view to ensuring that both existing and new resources have the capacity and capability to meet the business needs. Further work in the area of learning and development is planned for 2017, informed by the workforce planning process and Civil Service Renewal including developing leadership capacity and ensuring future needs at senior levels can be met through proactive knowledge management and development of expertise in specific areas. There will be a focus on developing the capacity of HR itself to meet the needs of the Organisation and developing a business partner model in 2017.
I am satisfied that these reforms have made a significant difference to the way in which my Department goes about its business and engages with stakeholders. The focus through 2017 will be on ensuring that the organisation continues to focus on continuous improvement and that the change outlined above is embedded, sustained and further developed in the context of the wider process of Civil Service Renewal.
14. Deputy Lisa Chambers asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to address the low burglary detection rate in County Mayo; and if she will make a statement on the matter. [40452/16]
View answerI understand that the Deputy is referring to detection rates highlighted in the 'Garda Recorded Crime Statistics 2010-2014', which was published by the Central Statistics Office (CSO) last week. The first thing that needs to be said is that this publication provides an analysis of data up to the end of 2014 only, and it would be entirely incorrect to suggest that it represents an assessment of the current situation in relation to burglary or any other crime category.
In relation to the general issue of detection rates, it must be recognised that detection rates do vary according to the nature of the crime and that this is in line with international experience. Detection rates are often found to be lower for certain offences, such as burglaries and some other property crimes, as these generally only come to light after the event and the offender has left the scene. These offences are inherently more difficult to investigate than others such as possession of drugs, for example, where the offender is observed while committing the offence. While our statistical system is not directly comparable with that of other countries, in the UK, for example, similar difficulties exist in detecting burglaries. This is illustrated by Home Office figures which show that over 80% of burglary investigations in 2014/2015 were concluded without a suspect being identified.
I do of course share the Deputy’s concern that we do everything we can to protect communities from burglary and other crimes against householders. Long before the publication of the recent CSO analysis, I initiated a broad ranging review of our response to burglary crime.
Operation Thor launched in November 2015 has led to a sharp decline in the rate of burglary crime. Indeed, the most current CSO crime figures, which are for the second quarter of 2016, indicate that in the first six months of this year there were 36% less burglaries than in the first six months of 2015, underlining the impact of Operation Thor. It is also worth noting that the CSO Quarter 2 figures for the Mayo Garda Division show a reduction in Burglary of 22%. We have also seen the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015. These provisions are now available to Gardaí in relation to prosecutions arising from the concentrated drive against crime which is being implemented under Operation Thor, which is supported by very significant investments in Garda resources. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
If I might illustrate the scale of Garda activity against burglary and property crime – under Operation Thor we have seen 30,000 crime prevention patrols and in the order of 38,500 targeted checkpoints nationwide. There have also been in the region of 2,500 arrests and 2,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links (’hits’) between people and unsolved crimes; in particular burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years. So far, approximately 532 investigative links between people and unsolved crimes have already been uncovered, including 359 burglary cases. In addition, the database links crime scene samples to each other and so far, 95 crime scene samples have been linked to other crime scene samples, demonstrating a link between two crimes or clusters of crimes committed by the same person in a particular area or locality.
I understand that the CSO will publish the next Quarterly Recorded Crime Statistics release before the end of this month. I can assure the Deputy that I will be monitoring crime trends very carefully and will remain in close contact with the Garda Commissioner to ensure that we continue to provide An Garda Síochána with the necessary legislative and financial supports needed to tackle crime and protect people in their own homes.
And finally, underpinning the Government’s approach is our commitment to increase Garda numbers to 15,000 and we are pressing ahead with our plans for accelerated Garda recruitment so that we can provide more visible front line policing and bring greater reassurance to people in their local communities.
17. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality the reason for the delay in delivering on the implementation of UNCRPD here; the efforts being taken to speed up the process taking into account a ten-year delay; and if she will make a statement on the matter. [40300/16]
View answerIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. This Road map sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. 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 completed Committee Stage in the Dáil on 7 December. 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 under way on drawing up the Equality/Disability (Miscellaneous Provisions) Bill to progress miscellaneous legislative amendments necessary to proceed to ratification. The Bill will address issues such as the Convention's requirements in relation to reasonable accommodation and deprivation of liberty. The General Scheme of the Equality/Disability (Miscellaneous Provisions) Bill is available on the Department of Justice and Equality website. The Bill is at the final stages of drafting and I expect the Bill to be published very shortly so as to facilitate ratification of the Convention as early as possible.
19. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on the recent CSO survey which indicated a fall in detection rates for certain categories of crime; and if she will make a statement on the matter. [40391/16]
View answerI understand that the Deputy is referring to detection rates highlighted in the 'Garda Recorded Crime Statistics 2010-2014', which was published by the Central Statistics Office (CSO) last week. The first thing that needs to be said is that this publication provides an analysis of data up to the end of 2014 only, and it would be entirely incorrect to suggest that it represents an assessment of the current situation in relation to particular categories of crime.
In relation to the general issue of detection rates, it must be recognised that detection rates do vary according to the nature of the crime and that this is in line with international experience. Detection rates are often found to be lower for certain offences, such as burglaries and some other property crimes, as these generally only come to light after the event and the offender has left the scene. These offences are inherently more difficult to investigate than others such as possession of drugs, for example, where the offender is observed while committing the offence. While our statistical system is not directly comparable with that of other countries, in the UK, for example, similar difficulties exist in detecting burglaries. This is illustrated by Home Office figures which show that over 80% of burglary investigations in 2014/2015 were concluded without a suspect being identified.
To turn to our current situation, the latest CSO assessment of crime rates is the Quarter 2 Recorded Crime Statistics for 2016. These show welcome reductions in a number of crime categories, and the Deputy will be aware that the statistics have shown a very significant decrease in burglary since the launch of Operation Thor in November 2015. In fact, over the first six months of this year there were 36% less burglaries than in the first six months of 2015, underlining the impact of Operation Thor. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links (’hits’) between people and unsolved crimes; in particular burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years. So far, approximately 532 investigative links between people and unsolved crimes have already been uncovered, including 359 burglary cases. In addition, the database links crime scene samples to each other and so far, 95 crime scene samples have been linked to other crime scene samples, demonstrating a link between two crimes or clusters of crimes committed by the same person in a particular area or locality.
The Government remains committed to tackling all forms of crime and has dedicated very significant resources to support An Garda Síochána in providing the best possible policing service. In this regard I would draw particular attention to the resources allocated to support strategically targeted policing operations, including Operation Thor and operations targeting violent gang-related crime. An additional €55 million has been provided in 2016 resulting in a more than doubling of the overtime allocation for 2016, bringing the total to over €90 million. For 2017, I was pleased to be able to secure a further €71.5 million for Garda overtime which will facilitate the continuation of large scale policing operations, including those targeting burglary, gangland crime and terrorist activities.
The investment in a modern, effective and fit-for-purpose Garda fleet is continuing will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community. There are further investments in Garda airborne surveillance and enhanced technology and ICT systems with €330 million, including €205 million under the Capital Plan, 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. All of these investments underline the commitment in the Programme for Government to resource and equip An Garda Síochána to provide enhanced policing and support local communities in all areas of the country.
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. Plans are in place 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.
I understand that the CSO will publish the next Quarterly Recorded Crime Statistics release before the end of this month. I can assure the Deputy that I will be monitoring crime trends very carefully and will remain in close contact with the Garda Commissioner to ensure that we continue to provide An Garda Síochána with the necessary legislative and financial supports to tackle crime and protect local communities.
20. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if there are plans in place to increase the number of Garda detectives in the Dublin region; and if she will make a statement on the matter. [40444/16]
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.
The Dublin Region is served by members assigned to the Dublin Metropolitan Region (DMR) which consists of 6 Garda Division. The number of Gardaí assigned to the DMR area on the 31 October 2016, the latest date for which figures are readily available, was 3,473 of which 214 were Detectives. When appropriate, the work of the DMR 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 Organised Crime Bureau.
At the request of the Garda Commissioner earlier this year, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area. In particular funding was approved for the establishment of a dedicated Armed Support Unit for the Dublin Metropolitan Region (DMR) in order to enhance armed support capability in Dublin and to free up the resources of the ERU. Following a selection and training process, the Armed Support Unit for the DMR is now fully operational and providing armed cover on a 24 hour basis.
I am further informed that Operation Hybrid has been established to coordinate the response to violent crime in Dublin and address public concerns about community safety. As of 20 October 2016, there have been 38 arrests and 5 charges brought in connection with the recent shootings. In addition 23 firearms have been seized and over 9,000 lines of enquiry conducted. In excess of 14,350 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. I understand Operation Hybrid is reviewed on a weekly basis to maintain optimal impact.
Underpinning all of these measures is the Government’s commitment to increasing the overall Garda workforce to 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. This process will involve the recruitment of some 3,200 new Garda members on a phased basis over the next four years, to ensure that the service is renewed and has the capacity to provide visible, responsive and effective policing to every community throughout the country.
This is an ambitious target and will require a continuous pipeline of suitable candidates. I am pleased to say that the recruitment campaign launched by the Public Appointments Service on behalf of the Commissioner last September, the second campaign this year, again received a strong response.
I am informed by the Garda Commissioner that 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 319 to DMR Divisions. I have no doubt that these new resources now coming on stream will benefit the Detective strength across the Garda Regions including the DMR.
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 countrywide including in the Dublin region.
21. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to address a burglary detection rate of less than 10% in County Kildare; and if she will make a statement on the matter. [40458/16]
View answerI understand that the Deputy is referring to detection rates highlighted in the 'Garda Recorded Crime Statistics 2010-2014', which was published by the Central Statistics Office (CSO) last week. The first thing that needs to be said is that this publication provides an analysis of data up to the end of 2014 only, and it would be entirely incorrect to suggest that it represents an assessment of the current situation in relation to burglary or any other crime category.
In relation to the general issue of detection rates, it must be recognised that detection rates do vary according to the nature of the crime and that this is in line with international experience. Detection rates are often found to be lower for certain offences, such as burglaries and some other property crimes, as these generally only come to light after the event and the offender has left the scene. These offences are inherently more difficult to investigate than others such as possession of drugs, for example, where the offender is observed while committing the offence. While our statistical system is not directly comparable with that of other countries, in the UK, for example, similar difficulties exist in detecting burglaries. This is illustrated by Home Office figures which show that over 80% of burglary investigations in 2014/2015 were concluded without a suspect being identified.
I do of course share the Deputy’s concern that we do everything we can to protect communities from burglary and other crimes against householders. Long before the publication of the recent CSO analysis, I initiated a broad ranging review of our response to burglary crime.
Operation Thor launched in November 2015 has led to a sharp decline in the rate of burglary crime. Indeed, the most current CSO crime figures, which are for the second quarter of 2016, indicate that in the first six months of this year there were 36% less burglaries than in the first six months of 2015, underlining the impact of Operation Thor. It is also worth noting that the CSO Quarter 2 figures for the Kildare Garda Division show a reduction in Burglary of 34%. We have also seen the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015. These provisions are now available to Gardaí in relation to prosecutions arising from the concentrated drive against crime which is being implemented under Operation Thor, which is supported by very significant investments in Garda resources. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
If I might illustrate the scale of Garda activity against burglary and property crime – under Operation Thor we have seen 30,000 crime prevention patrols and in the order of 38,500 targeted checkpoints nationwide. There have also been in the region of 2,500 arrests and 2,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links (’hits’) between people and unsolved crimes; in particular burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years. So far, approximately 532 investigative links between people and unsolved crimes have already been uncovered, including 359 burglary cases. In addition, the database links crime scene samples to each other and so far, 95 crime scene samples have been linked to other crime scene samples, demonstrating a link between two crimes or clusters of crimes committed by the same person in a particular area or locality.
I understand that the CSO will publish the next Quarterly Recorded Crime Statistics release before the end of this month. I can assure the Deputy that I will be monitoring crime trends very carefully and will remain in close contact with the Garda Commissioner to ensure that we continue to provide An Garda Síochána with the necessary legislative and financial supports needed to tackle crime and protect people in their own homes.
And finally, underpinning the Government’s approach is our commitment to increase Garda numbers to 15,000 and we are pressing ahead with our plans for accelerated Garda recruitment so that we can provide more visible front line policing and bring greater reassurance to people in their local communities.
22. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if, in the event of an investigation that may be initiated following the report and review relating to two protected disclosures (details supplied), she will consider suspending the Garda Commissioner, in view of the fact that she might have control of much of the information required; and if she will make a statement on the matter. [40426/16]
View answerAs the Deputy is aware, following advice received from the Attorney General, I appointed Mr. Justice Iarfhlaith O’Neill to undertake a review of certain protected disclosures which were made to me. In essence, Mr. Justice O’Neill was asked to review allegations of wrongdoing contained in the disclosures; to make whatever inquiries he considered appropriate in relation to the review and to report on the conclusion of his review, including any recommendations which he considered necessary in relation to any further action which may be appropriate and warranted to address the allegations.
Mr. Justice O'Neill was initially due to report by 23 November. However, he subsequently sought two short extensions, which I granted. He delivered his report on 7 December 2016.
The report sets out in detail the allegations contained in the protected disclosures and his recommendations. The House will appreciate, notwithstanding receipt of the Report of Mr. Justice O'Neill, that we are still dealing with protected disclosures and as such I must be very careful to protect the identity of the persons who made those disclosures. This fact, and the fact that the report specifies the nature of the allegations and refers to third parties, means that I must be very careful to respect the rights of those who made the disclosures and of those third parties. Having read the Report, I have sought the advice of the Attorney General on how to proceed in relation to it. When that advice is received, I will bring forward proposals to Government on the next steps.
I know that Deputies want to know immediately what the Report contains and I am most anxious to facilitate informed comment on it. But I cannot ignore the rights of those whose good name may be affected by the contents of the report and I urge the House to recognise that fact.
I have a responsibility to ensure that the protected disclosures are properly addressed and have every intention to discharge this responsibility. I have no doubt that should any further inquiry be established all parties will cooperate fully with it.
No question of suspension of the kind suggested by the Deputy arises.
Finally, I would like to take this opportunity to thank Mr. Justice O'Neill for carrying out this work and presenting his Report so promptly to me.
23. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality her plans to ensure that asylum seekers here will not face another Christmas in the direct provision system that has been described as a severe violation of human rights; and if she will make a statement on the matter. [40438/16]
View answerPersons who arrive in Ireland seeking international protection are offered shelter and accommodation in State provided accommodation to meet their immediate needs. This includes mainstream access to health, education and social protection services. While the operation of this system is kept under continual review, there are no plans to replace it with any other system at present. I am satisfied that this system is in compliance with human rights obligations placed on the State by domestic and international law. The State provided accommodation system is one of the central features of the State's asylum system. I am also satisfied that the treatment of asylum seekers in this country is at least on a par with any other country and that the State provided accommodation system delivers a high standard of service and value for money to the taxpayer through coordinated service delivery to asylum seekers.
The principal issue with Direct Provision is of course the length of time asylum applicants are residing in it - invariably as a result of the multi-layered processes arising from the Refugee Act which will shortly be replaced when the new International Protection Act comes into force.
It is worth noting that no person in the protection process is left without services or shelter at Christmas time or indeed at any other time.
This is a system which facilitates the State in providing the essential and necessary accommodation and related services to all in the protection process who require it and which has provided accommodation to more than 56,000 people since its establishment. It allows the State to provide such accommodation in a manner that facilitates resources being used in the most economic means possible while also delivering services (such as education and health) directly to those within the system. That is not to say that there is not room for improvement. The focus of my Department is not to end the State provided accommodation system which would leave protection applicants without the safety net of a comprehensive reception system but instead to improve and adjust the system to ensure it continues to respect the dignity of those who reside within it. Having said that, I do not want to see any person residing in State provided accommodation for any longer than is necessary and significant efforts have been made by my Department in this regard.
The Report of the Working Group on Improvements to the protection process including Direct Provision and Supports to Asylum Seekers provides a template for the development and improvement of a wide range of services being delivered to those seeking international protection.
One of the key recommendations of the Report was the introduction of a single application procedure in the protection process. The International Protection Act 2015, which will be commenced on 31 December 2016, provides for such a procedure. My Department is currently preparing all of the steps necessary to commence the Act which responds to some 26 of the Working Group’s recommendations and can be expected to positively address the crucial issue of the length of time that applicants spend in the protection process and by extension in State provided accommodation.
On this particular point, significant efforts have been made to deal with those who are longest in the system and at this stage the vast majority of those who are over 5 years in the system and who do not have any impediments to progress, such as pending judicial challenges, have now had their cases processed to completion. This has been a key achievement that has had a real impact on many people and families in the protection process.
A transition Task Force was established in 2015 and put in place important supports to facilitate people with status moving into and integrating with the community. The Task Force reported that 87% of people granted status had moved into the wider community within six months.
Tangible progress in improving the daily lives of asylum seekers living in State provided accommodation while their application is being processed is also being made. In January last, the former Tánaiste announced an increase to the Direct Provision Allowance for children, the first such increase since the introduction of the payment some sixteen years ago. Prescription fees for all those in receipt of the Direct Provision allowance, including children, have also been waived. The Minister for Education and Skills has also announced a second year of their pilot support scheme for students in the protection system for the academic year 2016/2017.
The Reception and Integration Agency (RIA) of my Department, which is responsible for the management and administration of accommodation and ancillary services to protection applicants in State provided accommodation, is actively progressing the implementation of other recommendations in the Report around access to cooking facilities and the increase in living space for those who avail of State provided accommodation. Pilot projects are being established and undertaken in a number of centres to realise these objectives and ensuring that those residing in the State provided accommodation continue to be treated with respect and dignity.
RIA are also working on the development of standards for the provision and maintenance of services in accommodation centres, enhancing the complaints mechanisms for residents of those centres and the provision of ongoing diversity and equality training and awareness programmes across all centres.
24. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality her plans to amend the Refugee Act 1996 to allow asylum seekers here to work, particularly in view of the well documented negative effects of enforced unemployment, which according to the HSE can compound mental health issues with boredom, depression, sense of isolation and loss of self esteem; and if she will make a statement on the matter. [40429/16]
View answerSection 9(4)(b) of the Refugee Act 1996, provides that applicants for international protection shall not seek or enter employment or carry on any business, trade or profession during the period before the final determination of their application. This legislation is being replaced by the International Protection Act 2015, which is expected to be commenced on 31 December, 2016. There has been no change in the policy in this respect in the new Act.
There is an effective visa and immigration system in place for those who wish to lawfully migrate to the State for employment purposes. The key concern in this regard is that both the asylum process and the wider immigration system would be undermined by giving people who secure entry to the State, on foot of claims to asylum yet to be determined, the same access to employment as legal immigrants who follow the lawful route to employment.
The McMahon Working Group which included representatives of the HSE considered this matter in detail and did not recommend a right to work as a remedy to the experiences of people remaining for long periods in a cumbersome and sequential applications process. The Report instead sought to tackle the causes of delay. The International Protection Act 2015 provides for the introduction of a single application procedure for international protection, which is specifically aimed at addressing the length of time persons spend in the protection process. The new procedure will streamline and speed up the processing of protection applications, allowing all relevant matters to be submitted at the time of application for consideration. This will significantly reduce the length of time that persons spend awaiting a decision on their protection application. This will bring certainty of status at a much earlier stage to qualified applicants. Any applicant subsequently granted refugee status is entitled to enter the labour market. This significant reform addresses directly the situation raised by the Deputy.
25. Deputy Pat Casey asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to address the low burglary detection rate in County Wicklow; and if she will make a statement on the matter. [40454/16]
View answerI understand that the Deputy is referring to detection rates highlighted in the 'Garda Recorded Crime Statistics 2010-2014', which was published by the Central Statistics Office (CSO) last week. The first thing that needs to be said is that this publication provides an analysis of data up to the end of 2014 only, and it would be entirely incorrect to suggest that it represents an assessment of the current situation in relation to burglary or any other crime category.
In relation to the general issue of detection rates, it must be recognised that detection rates do vary according to the nature of the crime and that this is in line with international experience. Detection rates are often found to be lower for certain offences, such as burglaries and some other property crimes, as these generally only come to light after the event and the offender has left the scene. These offences are inherently more difficult to investigate than others such as possession of drugs, for example, where the offender is observed while committing the offence. While our statistical system is not directly comparable with that of other countries, in the UK, for example, similar difficulties exist in detecting burglaries. This is illustrated by Home Office figures which show that over 80% of burglary investigations in 2014/2015 were concluded without a suspect being identified.
I do of course share the Deputy’s concern that we do everything we can to protect communities from burglary and other crimes against householders. Long before the publication of the recent CSO analysis, I initiated a broad ranging review of our response to burglary crime.
Operation Thor launched in November 2015 has led to a sharp decline in the rate of burglary crime. Indeed, the most current CSO crime figures, which are for the second quarter of 2016, indicate that in the first six months of this year there were 36% less burglaries than in the first six months of 2015, underlining the impact of Operation Thor. It is also worth noting that the CSO Quarter 2 figures for the Wicklow Garda Division show a reduction in Burglary of 33%. We have also seen the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015. These provisions are now available to Gardaí in relation to prosecutions arising from the concentrated drive against crime which is being implemented under Operation Thor, which is supported by very significant investments in Garda resources. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
If I might illustrate the scale of Garda activity against burglary and property crime – under Operation Thor we have seen 30,000 crime prevention patrols and in the order of 38,500 targeted checkpoints nationwide. There have also been in the region of 2,500 arrests and 2,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links (’hits’) between people and unsolved crimes; in particular burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years. So far, approximately 532 investigative links between people and unsolved crimes have already been uncovered, including 359 burglary cases. In addition, the database links crime scene samples to each other and so far, 95 crime scene samples have been linked to other crime scene samples, demonstrating a link between two crimes or clusters of crimes committed by the same person in a particular area or locality.
I understand that the CSO will publish the next Quarterly Recorded Crime Statistics release before the end of this month. I can assure the Deputy that I will be monitoring crime trends very carefully and will remain in close contact with the Garda Commissioner to ensure that we continue to provide An Garda Síochána with the necessary legislative and financial supports needed to tackle crime and protect people in their own homes.
And finally, underpinning the Government’s approach is our commitment to increase Garda numbers to 15,000 and we are pressing ahead with our plans for accelerated Garda recruitment so that we can provide more visible front line policing and bring greater reassurance to people in their local communities.
26. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality if she will provide a progress report on the programme for Government commitment to double the numbers in the Garda Reserve; and if she will make a statement on the matter. [40445/16]
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.
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. 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.
I have also spoken to the Garda Commissioner in relation to the delivery of the commitment to double the Reserve to 2,000 and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard I am informed that the Garda Reserve Management Office is undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. Work is also underway on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually starting next year, to bring the strength of the Reserve up from its current strength of 737 members to 2,000 by 2021. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.
27. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality her views on the fact that still large numbers of speeding cases are being struck out in District Courts; her further views on the fact that significant numbers of convicted persons are not having their licences recorded; the measures she is taking to ensure consistency in the enforcement of traffic law; and if she will make a statement on the matter. [40316/16]
View answerAs the Deputy will be aware, under the Constitution, Judges are independent in the exercise of their judicial functions and it would not be appropriate for me to comment on how cases are disposed of by a Court.
I indicated to the Deputy in my response to the Deputy's parliamentary question on these matters on 15 November 2016 (Question Number 40) that I had requested clarification from both the Courts Service and An Garda Síochána in relation to the level of speeding cases being struck out in the District Courts. As stated already, a significant percentage of cases are struck out for non-service. Where a summons is struck out, An Garda Síochána may apply to the appropriate court office for the reissue of the summons.
Following enquiries by my Department, I am informed by the Courts Service that it does not record the reason why a summons has the order 'strike out' applied. The Courts Service has indicated that the reasons for 'strike out' can be varied and could include the Judge not being satisfied that the summons was properly issued, or properly served on the accused.
The Deputy is already aware that An Garda Síochána established a working group to monitor the level of summons service throughout the country and to examine how the rate of summons service can be improved. I will be in contact with the Deputy directly as soon I have received a report from this working group.
The Deputy is also aware that an amendment has been brought forward at Committee Stage to the Road Traffic Bill 2016 by my colleague, the Minister for Transport, Tourism and Sport, to amend section 22 of the Road Traffic Act 2002 to create a revised procedure for the production of a driving licence in court and a process to record whether it was so produced. On conviction, the Judge will ask the person to produce their licence. The court will then record the details of the driving licence. Failure to produce the driving licence will be recorded and will constitute an offence. The Judge will, of course, still retain the discretion, which already exists, to adjourn the case to a later date and allow the person to produce their driving licence or learner permit at that point. In tandem with the new arrangements, it is intended that the wording of the summons will be changed to indicate that a person is required to bring their driving licence or learner permit with them to court and that failure to produce it to the court, if required under section 22, is an offence.
I strongly support this amendment to road traffic legislation, as it will provide the necessary consistency in the courts to enforce road traffic legislation more effectively. The issues surrounding the application of Court-awarded penalty points to driving licences remain a priority for the multi-agency Criminal Justice (Fixed Charge Processing System) Working Group; chief of which involves the facilitation of the development of the Master Licence Record (MLR) project. This Working Group is jointly chaired by my Department and the Department of Transport, Tourism and Sport and will report to the Minister for Transport, Tourism and Sport and I at the end of this year on the MLR project progress and other key matters. The significance of the MLR project is such that when the project is implemented, the linking of vehicle and driving licence databases will facilitate the consistent application of penalty points to driving licences, thereby improving the effectiveness of road traffic enforcement measures.
28. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to address the low burglary detection rate in the Dublin western metropolitan region; and if she will make a statement on the matter. [40446/16]
View answerI understand that the Deputy is referring to detection rates highlighted in the 'Garda Recorded Crime Statistics 2010-2014', which was published by the Central Statistics Office (CSO) last week. The first thing that needs to be said is that this publication provides an analysis of data up to the end of 2014 only, and it would be entirely incorrect to suggest that it represents an assessment of the current situation in relation to burglary or any other crime category.
In relation to the general issue of detection rates, it must be recognised that detection rates do vary according to the nature of the crime and that this is in line with international experience. Detection rates are often found to be lower for certain offences, such as burglaries and some other property crimes, as these generally only come to light after the event and the offender has left the scene. These offences are inherently more difficult to investigate than others such as possession of drugs, for example, where the offender is observed while committing the offence. While our statistical system is not directly comparable with that of other countries, in the UK, for example, similar difficulties exist in detecting burglaries. This is illustrated by Home Office figures which show that over 80% of burglary investigations in 2014/2015 were concluded without a suspect being identified.
I do of course share the Deputy’s concern that we do everything we can to protect communities from burglary and other crimes against householders. Long before the publication of the recent CSO analysis, I initiated a broad ranging review of our response to burglary crime.
Operation Thor launched in November 2015 has led to a sharp decline in the rate of burglary crime. Indeed, the most current CSO crime figures, which are for the second quarter of 2016, indicate that in the first six months of this year there were 36% less burglaries than in the first six months of 2015, underlining the impact of Operation Thor. It is also worth noting that the CSO Quarter 2 figures for the Wicklow Garda Division show a reduction in Burglary of 33%. We have also seen the enactment of specific legislation targeting prolific burglars in the Criminal Justice (Burglary of Dwellings) Act 2015. These provisions are now available to Gardaí in relation to prosecutions arising from the concentrated drive against crime which is being implemented under Operation Thor, which is supported by very significant investments in Garda resources. The reduction in burglaries as a result of Operation Thor will not of course be indicated in the detection rate statistics when they become available for the relevant period but the prevention of crime is always preferable to crimes having been committed which must then be detected.
If I might illustrate the scale of Garda activity against burglary and property crime – under Operation Thor we have seen 30,000 crime prevention patrols and in the order of 38,500 targeted checkpoints nationwide. There have also been in the region of 2,500 arrests and 2,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.
The Criminal Justice (Forensic Evidence and DNA Database System) Act was commenced a year ago and introduced the DNA database, which provides Gardaí with investigative links (’hits’) between people and unsolved crimes; in particular burglaries. It is anticipated that this should significantly assist in improving detection rates for burglary over the coming years. So far, approximately 532 investigative links between people and unsolved crimes have already been uncovered, including 359 burglary cases. In addition, the database links crime scene samples to each other and so far, 95 crime scene samples have been linked to other crime scene samples, demonstrating a link between two crimes or clusters of crimes committed by the same person in a particular area or locality.
I understand that the CSO will publish the next Quarterly Recorded Crime Statistics release before the end of this month. I can assure the Deputy that I will be monitoring crime trends very carefully and will remain in close contact with the Garda Commissioner to ensure that we continue to provide An Garda Síochána with the necessary legislative and financial supports needed to tackle crime and protect people in their own homes.
And finally, underpinning the Government’s approach is our commitment to increase Garda numbers to 15,000 and we are pressing ahead with our plans for accelerated Garda recruitment so that we can provide more visible front line policing and bring greater reassurance to people in their local communities.
29. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the current assessment of the threat to Ireland of an international terrorist attack; and if she will make a statement on the matter. [40312/16]
View answerAs an open and democratic society in the European Union, Ireland cannot consider itself immune from the current international terrorist threat. The current assessment of the threat is that while an international terrorist attack on Ireland is possible, it is not considered likely. Nor is there at present any specific information that an attack on Ireland is planned. The level of threat from this source is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international situation.
While there are a number of persons here whose activities in support of extremism give rise to concern they will continue to be monitored closely by the Garda authorities and all appropriate measures will be taken in this regard. Indeed, the Garda authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. The Deputy will understand that the detail of such security measures should not be disclosed publicly.
An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.
I secured additional funding of €55 million for the Garda Vote this year which included additional sums specifically to support the force's capabilities and actions to counter international terrorism, including equipment and training.
Of course, this is an international problem and the Garda Authorities will continue to work closely with their EU and other international security and intelligence counterparts in responding to this shared threat. The gathering and sharing of relevant information is an important aspect of this international co-operation. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and significant work is ongoing in this regard. This includes connecting to the Schengen Information System and, indeed, to other EU and Interpol information-sharing resources relevant to countering the terrorist threat. A series of measures is being rolled out to build on the current EU framework for information-sharing, combating terrorism and controlling illegal firearms, and Ireland is fully engaged in pursuing these developments.
30. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality if she has met with the Secretary of State for Northern Ireland since his appointment; and if she will make a statement on the matter. [40463/16]
View answerI met with the Secretary of State for Northern Ireland, James Brokenshire MP, in Dublin on 7 November when we had the opportunity to discuss a range of issues of common concern.
The security situation was the primary point among the many matters we discussed and we are at one in our shared analysis of the threat from the so-called 'dissident republican' paramilitary groups. The continued lethal intent of these groups was sadly evidenced by the murder in Belfast earlier this year of Northern Ireland Prison Officer Adrian Ismay. Combatting the persistent threat from these groups is an absolute and shared priority. The Secretary of State and I are at one in our support for the close co-operation and the ongoing work of the police and security services North and South in bearing down on these groups and bringing them to justice.
We also had the opportunity to discuss issues in respect of security co-operation and the Common Travel Area on the island of Ireland arising from the decision of the UK to exit the European Union. There is a shared determination to ensure that the current level of co-operation in combatting the security threat can be maintained and the continued operation of the Common Travel Area between Ireland and the UK is also a shared priority for both Governments.
I am confident that the Secretary of State and I will continue our positive working relationship and build further on the existing co-operation between us.
