Written Answers Nos 31-60
31. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality if the Dublin northern metropolitan region can expect an increase in its detective complement in 2017; and if she will make a statement on the matter. [40449/16]
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 including the DMR North and North Central Divisions. I am informed by the Garda Commissioner that the number of Gardaí assigned to the DMR on the 31 October 2016, the latest date for which figures are readily available, was 3,473 of which 214 were Detectives. The number of Gardaí assigned to the DMR North and North Central Divisions on the 31 October 2016, the latest date for which figures are readily available, was 1,274 of which 67 were Detectives. When appropriate, the work of the Garda Divisions within 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 all Garda regions.
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 DMR.
32. Deputy James Browne asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to address the situation in County Wexford whereby only one in eight burglaries is detected; and if she will make a statement on the matter. [40460/16]
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 Wexford 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.
33. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality her plans in relation to the appointment of a new inspector of prisons, following the death of a person (details supplied); and if she will make a statement on the matter. [40427/16]
View answerAs the Deputy will be aware, Part 5 of the Prisons Act, 2007 provides for the appointment of an Inspector of Prisons to perform the functions as outlined in the Act. The appointment of a new Inspector of Prisons is under active consideration and I will be making an announcement once all options have been examined.
It is important to record here the commitment, deep interest and diligence that the late Judge Michael Reilly brought to his role as the Inspector of Prisons which continued to his sad and unexpected passing on 26 November, 2016. I am committed to ensuring that there continues to be independent inspection of our prison system - dealing with issues such as conditions and general health and welfare of prisoners detained in prisons, the general conduct and effectiveness of persons working there, compliance with national and international standards including in particular the Prison Rules, availability and engagement in programmes and other facilities available as well as security, discipline and general management issues.
34. Deputy Darragh O'Brien 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 northern metropolitan region; and if she will make a statement on the matter. [40448/16]
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 Wexford 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.
35. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she and the Minster for Transport, Tourism and Sport will liaise to review the legislation surrounding the use of quads by youths in housing estates and public parks; the difficulties being experienced by An Garda Síochána in seizing, apprehending and retaining these quads; the actions she proposes to take to address this growing and increasing problem; and if she will make a statement on the matter. [40467/16]
View answerI am aware of concerns that have been expressed in relation to this matter and I have consulted with the Garda authorities accordingly.
I am advised by the Garda authorities that these vehicles, when used in a public place, must comply with the Road Traffic Acts, including in relation to motor tax, insurance and possession of a valid driver licence or learner permit. Under the Road Traffic Acts, any member of An Garda Síochána may stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, Gardaí may inspect the vehicle for compliance with vehicle standards legislation, which makes it an offence to drive without reasonable consideration, drive carelessly, or drive dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation.
I also understand that the use of quad bikes and scramblers in public parks and open spaces may be prohibited under local authority bye-laws.
Despite the legislative provisions in this area, the Garda authorities have indicated that the use of quad bikes and scramblers by minors and youths in public parks has proven difficult to deal with from an enforcement perspective . Garda members are instructed not to pursue youths on quad bikes, scramblers, etc. owing to the inherent safety issues involved and the risk of serious injury or death. Therefore the opportunity to actually bring these vehicles to a stop is rare.
The Garda authorities have advised that the issue may be best addressed through a multi-agency approach. In this regard, Gardaí are working with local authorities, including park authorities, to examine other solutions, such as engineering solutions. Enhanced fencing and bike gates are examples of engineering measures taken to restrict access to parks.
I do of course share the Deputy's concerns in relation to the public safety and anti-social issues associated with the misuse of such vehicles. While I am happy to engage as necessary with the Minister for Transport in relating to the legislative issues, it is clear that all aspects of this matter cannot be addressed by legislation alone. In this regard, the Road Safety Authority may have a role in developing further responses in this area, in addition to An Garda Síochána and local authorities.
36. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality if there is to be a review of Garda e-mail usage; and if she will make a statement on the matter. [40310/16]
View answerAs the Deputy will appreciate, the Garda Commissioner has responsibility for decisions in relation to the allocation and use of Garda resources and I, as Minister, have no direct role in these matters.
I can inform the Deputy that I expect to receive a report in relation to e-mail usage from An Garda Síochána in the near future.
37. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality the reason the ratification of the UN Convention on the Rights of Persons with Disabilities has been delayed for over nine years in view of the fact that international agreements have the force of law to the extent determined by the Houses of the Oireachtas; and if she will make a statement on the matter. [40439/16]
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. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which 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 underway 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.
38. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the measures that will be taken to tackle a burglary detection rate of less than one in eight in County Meath; and if she will make a statement on the matter. [40461/16]
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 Wexford 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.
39. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the date on which she will publish the equality/disability (miscellaneous provisions) Bill. [40420/16]
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. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which 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 underway 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.
40. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she will consider including currently serving whistleblowers in any possible follow-on investigation, following the initial report and review relating to two protected disclosures (details supplied); and if she will make a statement on the matter. [40425/16]
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, Judge 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.
Judge 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 in relation to 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, including the question of what material might be put in the public domain about it. When that advice is received, I will bring forward proposals to Government on the next steps.
I will not be in a position to make any decisions about the report until I have received the advice of the Attorney General and, accordingly, no decisions have been taken yet in relation to what actions might be taken arising from it. It may be helpful to inform the Deputy that I did receive requests to extend Mr Justice O'Neill's review to cover the cases of other persons who had been involved in making protected disclosures. I indicated that Mr. Justice O'Neill had been asked to look at two very specific disclosures and the review was not intended to look at general issues relating to whistleblowers. In the circumstances, the question of including those cases in the review did not arise. In considering the action to be taken in response to the report, obviously I will have to be guided by the findings and recommendations in relation to what further action might be necessary.
41. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality the significant blockages or barriers to ratification and enactment of the UN Convention on the Rights of Persons with Disabilities 2007, in view of the fact there is no legal impediment to ratification from the United Nations perspective; the action that has been taken to address the putative barriers or blockages to date; when ratification is expected; and if she will make a statement on the matter. [40302/16]
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. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which 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.
42. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality the number of work permits taken up as part of the atypical worker permission mechanism; and if she will make a statement on the matter. [37684/16]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the Atypical Working Scheme commenced in September 2013. The purpose of the scheme is to provide a streamlined mechanism to deal with atypical, short term employment or certain other employment situations which are not governed by the Employment Permits Acts or by current administrative procedures under the Employment Permits Acts.
Since the scheme commenced a total of 6,408 atypical working permissions have been granted, of which 2,000 were granted in 2015 and 2,912 to date in 2016.
In March 2016 the Atypical Working Scheme was expanded to include non-EEA Fishermen working in the Irish Fishing Fleet on boats greater than 15m. in length. A total of 178 atypical working permissions have been granted to date on foot of this. These permissions are included in the total of 6,408.
43. Deputy Mick Barry asked the Tánaiste and Minister for Justice and Equality if she has received a report from An Garda Síochána on the raids that have been carried out on fishing ports in an effort to uncover abuses of migrant fishermen; and if she will make a statement on the matter. [37687/16]
View answerAs the Deputy is aware, a Day of Action under 'Operation Egg Shell' took place on Wednesday 5th October concentrating on the ports of Castletownbere and Howth. I am informed by An Garda Síochána that 'Operation Egg Shell' was carried out as part of the North Atlantic Maritime Project of the Santa Marta Group. The Santa Marta Group is a global alliance of international Police Chiefs and Bishops working together with Civil Society to eradicate human trafficking and modern day slavery. Within this Group, Ireland has agreed to lead in the North Atlantic Fisheries Project with the United Kingdom, Spain and Portugal, to prevent human trafficking and labour exploitation in the fisheries industry in the North Atlantic.
The Day of Action was coordinated by An Garda Síochána, the Revenue Commissioners, the Workplace Relations Commission Inspectorate, the Irish Navy and the Sea Fisheries Protection Authority. Specially trained officers from the Human Trafficking Investigation and Coordination Unit of the Garda National Protective Services Bureau were involved in operations at both Castletownbere and Howth. These officers focused on finding people who demonstrated any indicators of human trafficking, particularly crew members of fishing vessels. Further objectives included:
- Identifying offences under the Atypical Work Permit Scheme for non-EEA crew in the Irish fishing fleet,
- Breaches of employment legislation,
- Immigration offences,
- Breaches of tax/revenue and customs offences,
- To apprehend suspects in the commission and/or the attempted commission of offences above and fully investigate, detect and prosecute (where possible) any offences outstanding against these suspects and groups, and
- Identify and support any suspected victims of human trafficking that might be found.
I am further informed by An Garda Síochána that inspections were carried out on 41 fishing vessels, 22 in Castletownbere, 16 in Howth, and three offshore inspections. Inspections at port were led by the Workplace Relations Commission Inspectorate, under Section 27 of the Workplace Relations Act 2015, accompanied and assisted by Gardaí and Revenue and Customs officials. The naval service carried out the offshore inspections.
No evidence of human trafficking or labour exploitation was found in any location. A number of suspected breaches of the atypical work permit scheme for non-EEA crew, were detected, as well as other suspected breaches of employment law, immigration law and tax offences. Both the Workplace Relations Commission and the Garda National Immigration Bureau are following up in relation to these suspected breaches.
The prevention and detection of human trafficking in all its forms and the protection of its victims has been a policing priority for An Garda Síochána for the past number of years and it remains a priority in 2016. Ireland's approach to the issue of Human Trafficking is set out in the Second National Action Plan to Prevent and Combat Human Trafficking in Ireland which was published in October 2016 and sets out 65 Actions to be undertaken to address this issue. The Government recognises that trafficking in human beings undermines the principles of human rights and dignity of the person, it will not tolerate persons who engage in any part of trafficking.
44. Deputy Lisa Chambers asked the Tánaiste and Minister for Justice and Equality her views on the fall in detection rates for sexual offences highlighted in the recent CSO survey; and if she will make a statement on the matter. [40451/16]
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 incorrect to suggest that it represents an assessment of the current situation in relation to sexual offences 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. Some categories of offences, including sexual 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.
As regards our overall approach to sexual offences, the Deputy will be aware that the Criminal Law (Sexual Offences) Bill was published in September 2015. It has completed passage in Seanad Éireann and is awaiting Report Stage in Dáil Éireann. It is expected to be enacted in early 2017.
This Bill includes wide ranging provisions to enhance the protection of children from sexual abuse and exploitation. When enacted, the Bill will facilitate full compliance with the criminal law provisions of a number of international legal instruments. The Bill will also implement the recommendations of a number of Oireachtas committees, reform the law on incest and provide enhanced protections for victims of sexual offences in the criminal process and for vulnerable persons. In addition, the Bill will provide for new offences of purchasing, in the context of prostitution, sexual services.
In January 2016, I launched the Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. The Strategy envisages a range of actions to be implemented by State, voluntary and community sector organisations aimed at preventing and responding to domestic, sexual and gender-based violence. An important recent initiative under the Strategy is the “What would you do?” campaign on domestic violence, which focuses on prevention, empowerment and support. It is intended that the campaign will run for a period of 6 years up to 2021. The first 3 years will focus on domestic violence, to be followed by 3 years dealing with sexual violence, but elements of each type of violence will feature in each phase of the campaign.
An Garda Síochána is committed to fully implement actions for which it is responsible under the National Strategy. In 2015, a number of Garda units were brought together to leverage their experience and expertise in investigating serious crimes against the person including sexual offences. The Garda National Protective Services Bureau (GNPSB) is a specialist team dedicated to making sure each and every complaint relating to child protection, human trafficking and domestic and sexual violence is thoroughly investigated and handled correctly. In addition, the GNPSB is are responsible for working with other agencies to manage sex offenders in the interest of community safety. As part of the Garda Modernisation and Renewal Programme 2016 -2021 Protective Services Units (PSUs) will be set up around the country with specially trained staff. The PSUs will work with the Garda Victim Service Offices in their area to ensure that the needs of victims are adequately catered for.
As the Deputy is aware, the Government is making very significant investments in Garda resources, including the expansion of the Garda fleet, upgrading of IT systems and a commitment to increase overall Garda numbers to 15,000 through a programme of accelerated recruitment. I am confident that all these measures will support enhanced responses to all forms of crime and support the implementation of the strategic approach to dealing with sexual offences which I have outlined.
45. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality her views on whether it is the cuts to disability services which has prevented the Government ratifying the convention in view of the lack of any barrier to ratifying the UN Convention on the Rights of Persons with Disabilities from a legal perspective and only from a policy point of view; and if she will make a statement on the matter. [40441/16]
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. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. Contrary to what the Deputy has suggested, there are no policy objections to the ratification of the Conventions. The previous Government published a Roadmap in October 2015, which 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.
46. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will provide a progress report on the McMahon Report on Direct Provision; and if she will make a statement on the matter. [40308/16]
View answerTo coincide with the first anniversary of the publication of the McMahon Report last June 30th, a comprehensive account of progress on the implementation of the recommendations was compiled. I was pleased to publish and note the considerable progress made at that stage.
I can confirm that a further half-yearly analysis of progress is currently under way in my Department who are also coordinating updates from the other Departments and agencies responsible for implementation. This will be finalised early in the New Year and will be published shortly thereafter.
47. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the action that will be taken to address the €35 million outstanding in courts' fines; and if she will make a statement on the matter. [40313/16]
View answerI wish to advise the Deputy that I have had enquiries made and the Courts Service has provided the statistics set out below in relation to the value of uncollected fines as recorded on the Courts Service Criminal Case Tracking System (CCTS).
|
Year |
No. of Fines due |
Value of Fines due |
|
Jan – Dec 2013 |
13,132 |
€4,241,239.29 |
|
Jan - Dec 2014 |
16,533 |
€5,852,055.11 |
|
Jan – Dec 2015 |
29,141 |
€11,125,905.53 |
|
Jan – 28 Oct 2016 |
41,513 |
€14,305,331.50 |
|
Total |
100,319 |
€35,524,531.43 |
The treatment of these fines falls into two categories, firstly fines which were imposed prior to the commencement of the Fines (Payment and Recovery) Act 2014 in January 2016 and secondly, fines imposed thereafter.
In relation to fines imposed prior to the commencement of the Act, the following is the position: warrants for the enforcement of fines imposed in 2013 and 2014 have been issued to An Garda Síochána. The issue of fines warrants for unpaid fines, in respect of fines imposed in 2015, commenced from mid-2015 and continued on a monthly basis as fines became due for payment. Once a warrant has issued for the non-payment of a fine, enforcement then becomes a matter for An Garda Síochána.
In relation to these pre-2014 Act fines, where a warrant for the enforcement of fines due is issued to An Garda Síochána, the fine may be collected by the Garda Warrant Officer and paid to the Courts Service. In some instances the fined person may have been lodged in prison in default of payment of fine or the fines warrant may have been cancelled following an application to the court.
In relation to persons lodged in prison in default of payment of fines, the Prison Service provides on a monthly basis details of the fines in respect of which fined persons have been lodged in prison in default of payment. The details are updated to the CCTS. Currently a total of 15,285 warrants with a total value of over €5 million await update to the CCTS. On completion of this update, the total value of fines due will reduce to circa €30.5m.
In relation to fines imposed in 2016, the vast majority of these fall for enforcement under the Fines (Payment and Recovery) Act 2014. The Courts Service has undertaken an extensive ICT development programme to enhance the CCTS to provide for the payment of fines by instalment and additionally to provide for the enforcement provisions provided for in the Act. This enhancement of the CCTS is now in the final stages of testing and subject to satisfactory completion of testing, it is anticipated that the Courts Service will be in a position to commence issuing notices to fined persons to attend Court in default of recovery of payment of fine in the first Quarter of 2017.
48. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality when the next meeting of the EU Home Affairs and Justice Ministers is due to take place; and if she will make a statement on the matter. [40465/16]
View answerThe Justice and Home Affairs Council met on 8 and 9 of December 2016. An informal meeting of Ministers of Justice and Home Affairs is scheduled to take place on 26 and 27 January, 2017 in Valletta, Malta. This will be the first meeting of the Council under the Maltese Presidency. Following that, the next scheduled meeting of the Justice and Home Affairs Council will take place in Brussels on 23 and 24 March, 2017.
49. Deputy Timmy Dooley asked the Tánaiste and Minister for Justice and Equality if County Clare can expect to see any increase in Garda numbers in 2017; and if she will make a statement on the matter. [40466/16]
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 Clare Garda Division, on 31 October 2016, the latest date for which figures are readily available, was 293. There are also 7 Garda Reserves and 31 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 Organised Crime Bureau.
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 15 to the Clare 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 Clare, 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.
50. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality the role her Department is playing to ensure that no hard border is reintroduced here; and if she will make a statement on the matter. [40464/16]
View answer57. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality if she will provide an update on discussions her Department has undertaken on Brexit; and if she will make a statement on the matter. [40462/16]
View answerI propose to take Questions Nos. 50 and 57 together.
Substantial preparations in relation to the impact of a UK vote to leave the EU on the Department's areas of responsibility have been underway for some time now. A working group, chaired by an Assistant Secretary, was set up in the Department in April 2016 to examine these issues, and weekly progress updates are provided to the Department's Management Board on the analysis and preparations under way.
The Department is also represented by an Assistant Secretary on the Interdepartmental Group on EU/UK Affairs which is chaired by the Department of the Taoiseach. The Interdepartmental Committee is engaged with the identification of key strategic, operational and policy issues arising from Brexit.
Insofar as border matters are concerned, both the Irish and British Governments have made it clear that it is their wish to maintain the Common Travel Area arrangements after the UK leaves the European Union, and that neither Government wishes to see a hard border between both parts of the Island. This policy priority is central to the above preparations and analysis, and retaining the Common Travel Area will be a key issue for Ireland in the context of negotiating new terms and conditions for the EU’s relationship with the UK, and in engagement with all relevant parties in this regard.
51. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to end the practice of housing persons seeking asylum in direct provision. [40421/16]
View answerWhile the operation of the system of State provided accommodation and the direct delivery of services such as education and health to residents therein is kept under continual review, there are no plans to replace it with any other system at present.
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.
Accommodation is offered to all those seeking asylum in Ireland and approximately 50% of applicants accept that offer. Residents are free to leave that accommodation at any time and many chose to do so.
One of the key recommendations of the Report of the Working Group on Improvements to the protection process including Direct Provision and Supports to Asylum Seekers was the introduction of a single application procedure in the protection process. The International Protection Act 2015 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.
52. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality when the programme for Government commitments on the UN Convention on the Rights of Persons with Disabilities will be honoured; and if she will make a statement on the matter. [40314/16]
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. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to actually protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which 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.
53. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of refugees settled here under the Irish refugee protection programme; and if she will make a statement on the matter. [40309/16]
View answerThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government pledged to accept a total of 4,000 persons into the State by the end of 2017, through a combination of the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, and the UNHCR-led refugee resettlement programme currently focused on resettling refugees from camps in Jordan and Lebanon.
Under the resettlement strand of the IRPP, 519 persons out of the original quota of 520 persons displaced by the Syrian conflict have arrived in Ireland to date, well ahead of the EU Commission deadline for this programme. In addition, the Government recently announced that it is extending the resettlement programme to take in a further 520 refugees from Lebanon in 2017. Sufficient refugees to fill 260 places on this quota have already been selected during a selection mission to Lebanon in October 2016 and these refugees are expected to arrive in Spring 2017. A further selection mission to Lebanon will be arranged in coming months to select the balance of the 2017 quota. Ireland will therefore have accepted 1,040 refugees under this strand by the end of 2017.
Under the relocation strand of the IRPP Ireland was allocated a total of 2,622 persons by two Council decisions and these were apportioned between Italy and Greece. 1,089 of this quota is to come from Greece and 623 from Italy. The balance of 910 has yet to be assigned by the Commission to either country but it is anticipated that the Commissions may take a decision in this regard in the New Year.
As the Deputy may be aware the relocation strand of the IRPP was slow to become active largely because of serious operational difficulties in Italy and Greece in establishing camps and hot spots and registering asylum seekers under the EU Programme. In the case of Greece the programme is now fully operational and Ireland will deliver on its commitment by the deadline. In the case of Italy, serious difficulties persist as the Italian authorities have taken a position that they will not allow security assessments on Italian soil by an Garda Síochána of applicants for relocation. There have been several attempts to resolve this issue including a bi-lateral intervention by me with my Italian counterpart. Efforts continue to try to resolve the matter and I remain hopeful that a solution can be found.
Ireland has, to-date, taken in 109 asylum seekers from Greece, mostly families, and a further 130 asylum seekers are to arrive in Dublin Airport tomorrow, Friday 16 December, 2016. A further 84 people have been assessed in Athens by the IRPP team and cleared for arrival and arrangements for their travel to the State are currently being made. The IRPP team includes members of the Department of Justice and Equality, the Office of the Refugee Applications Commissioner (ORAC), an Garda Síochána and, as necessary, representatives of other Departments and Agencies, such as Tusla, the Child and Family Agency. This week, IRPP officials are interviewing a group of approximately 80 people in Athens who, subject to Garda security assessments, are expected to be approved for arrival early in the New Year. In all, this means that over 400 persons, mostly families with young children, will have either arrived in Ireland or been assessed for arrival by the end of 2016. The intention is to sustain the pace of intakes throughout 2017 at the levels required to allow Ireland to meets its current commitment of 1,089 within the timeframe envisaged by the Council decisions. A summary of arrivals to date is attached in Table A below.
The Deputy will also be aware that the Tánaiste returned on Tuesday evening from an official visit to Greece where she was accompanied for part of the visit by the Minister for Children and Youth Affairs, Dr Katherine Zappone, T.D. The purpose of the visit was to see at first hand the consequences of the migrant crisis, to hear about the issues from those directly involved and to discuss Ireland's role. The Tánaiste met with the Prime Minister Alexis Tsipras, the Minister for Migration, Ioannis Mouzalas, the Minister of Interior, Panos Skourletis, senior Greek officials, UNHCR, UNICEF, the International Organisation for Migration (IOM), the European Asylum Support Office (EASO), MSF, Oxfam and a range of Greek NGO bodies involved in the migration crisis. She also visited two migrant camps in Athens, Eleonas and Skaramangas, and a centre for unaccompanied minors where she met volunteers, including Irish volunteers working in the camps, as well as migrants and children.
Table A: Arrivals in Ireland by Friday 16 December 2016
|
IRPP Programme |
Numbers admitted |
Total No. of Adults |
Total No. of Children |
of which Children under 12 |
|
Resettlement |
519 |
240 |
279 |
231 |
|
Relocation |
239 |
135 |
104 |
82 |
|
Totals |
758 |
375 |
383 |
313 |
54. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to regulate in law the practice of placing prisoners in solitary confinement. [40422/16]
View answerAs the Deputy will be aware the Private Members Bill, the Prisons (Solitary Confinement) (Amendment) Bill 2016, was debated in the House on 1 December 2016 where it passed second stage.
As was explained during the Second Stage Debate, the Irish Prison Service (IPS) had already committed in its current Strategic Plan to compliance with international human rights obligations and this plan makes specific reference to the consideration of the implementation of the revised UN Standard Minimum Rules for the Treatment of Prisoners - known as the ‘Mandela Rules’ - in respect of solitary confinement. The Director General of the IPS has established a sub-committee to draft a policy with the aim of eliminating, insofar as is possible, such regimes from Irish prisons – acknowledging that there will always be medical exceptions, particularly given the number of seriously mentally ill prisoners currently held in Irish prisons and awaiting admission to the Central Mental Hospital and other mental health facilities. It is anticipated that the draft policy will be presented for consideration by end of January 2017.
When that draft policy is to hand, I will consider the matter further.
55. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the implementation of measures to tackle gangland crime; and if she will make a statement on the matter. [40311/16]
View answerAs the Deputy is aware, the Government is pursuing a comprehensive and robust response to gang-related violence and crime.
We have enacted new legislation to further target criminal activities including the Proceeds of Crime (Amendment) Act 2016 which provides additional powers for Gardaí; in particular, powers to allow in certain circumstances for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of. The thresholds applying under the Proceeds of Crime Act 1996 are also to be reduced from €13,000 to €5,000.
I have also made new regulations to reduce the prescribed amount of cash suspected of being the proceeds of crime which can be seized, from €6,500 to €1,000.
In addition, the Misuse of Drugs (Amendment) Act 2016, brought forward by the Minister for Health, has new provisions to counteract the illegal sale of prescription drugs.
On 5 July 2016, I received approval from Government in relation to enhancing and updating legislation for the lawful interception of communications and for covert electronic surveillance, and work in this regard is ongoing. My Department and An Garda Síochána are also considering if there are any other legislative measures which might strengthen the response to the activities of organised crime groups.
I have also signed the rules of court to complete the establishment of a second Special Criminal Court, so that it can deal with the backlog of cases on hand.
The Deputy is aware of the substantial investments which have been made in policing resources, including an additional €55 million provided in 2016, which more than doubled the overtime allocation for this year, bringing the total to over €90 million. For 2017, I was pleased to be able to secure a further €88.5 million for Garda overtime which will facilitate the continuation of large scale policing operations, including those targeting gangland crime, burglary and terrorist activities.
Garda operational responses to gang-related crime in Dublin are coordinated under Operation Hybrid. As of 6 December 2016, there have been 44 arrests in relation to gang-related killings, 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.
In addition we have seen unprecedented co-operation with the Spanish authorities with Gardaí and officers from La Guardia Civil taking part in joint operations in Spain and Ireland which have led to important seizures and arrests.
Yesterday, I was present at the launch of the new dedicated Armed Support Unit (ASU) for Dublin. 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.
The Garda Commissioner is overseeing the operation of a Garda Special Crime Task Force, operating under the Drugs and Organised Crime Bureau in the Dublin Metropolitan Region. The Special Crime Task Force will be sustained for as long as is necessary and is adaptable to the prevailing organised crime situation at local level. I am advised that there will be in the region of 50 persons contributing to the work of Task Force, with a dedicated core of officers, including members of the CAB and Divisional Asset Profilers. Inter-Agency information sharing will be achieved through the CAB’s well established procedures. The Task Force leverages existing local connections to target the proceeds of crime, including local community Gardaí, the CAB and Divisional Asset Profilers.
The Deputy will appreciate that the response to gang-related violence and crime is ongoing and must remain adaptable to changing circumstances. I remain in close contact with the Commissioner and I will continue to provide every support possible to enable An Garda Síochána face down the threat posed by violent criminal gangs.
56. Deputy Pat Casey asked the Tánaiste and Minister for Justice and Equality the reason for the 5% fall in Garda numbers in County Wicklow between the end of October 2015 and the end of September 2016; and if she will make a statement on the matter. [40455/16]
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 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 9 to the Wicklow 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 Wicklow, 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.
58. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the fight against organised crime continues to succeed with particular reference to the urgent need to detain and charge all of the serious criminal gang bosses thus putting an end to intimidation of witnesses and retaliatory acts often resulting in killing and thereby addressing an ever increasing threat to the security of the State; and if she will make a statement on the matter. [40418/16]
View answerI can assure the Deputy that targeting organised crime activity and those involved is an ongoing priority for the Government and An Garda Síochána.
An Garda Síochána is tackling such activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations.
This involves targeting serious criminals and organised criminal groups on a number of fronts and across all geographical locations, including through the use of focused intelligence led operations by Garda specialist units including the Drugs and Organised Crime Bureau, the National Economic Crime Bureau and the National Bureau of Criminal Investigations and supported, as required, by the Security and Intelligence Section. These specialist units also work closely with the Criminal Assets Bureau in targeting persons involved in such criminality.
All of these units operate under the umbrella of An Garda Síochána Special Crimes Operations Unit and are continuing to achieve commendable successes in targeting criminal groups as well as the ongoing drugs and firearms seized.
The Deputy will be aware of the very significant measures which have been introduced in response to the appalling gangland feuding activity which has manifested itself both here and abroad. 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 dedicated Garda Armed Support Unit in Dublin and the establishment of a new Garda Special Crime Task Force.
The Deputy will also be aware of the significant investment of some €46 million in the Garda Fleet under the Government's Capital Plan 2016 - 2021. 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. 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.
In addition, 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.
We are already seeing significant results being achieved on foot of these measures including those of An Garda Síochána Operation Hybrid. Activity as of 9 October 2016 includes 38 arrests, 5 charges (related to shootings), 23 firearms seized and over 9,000 lines of enquiry being followed. In excess of 14,300 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 can assure the Deputy that tackling organised crime is a priority for the Government and An Garda Síochána.
59. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the latest six month ENAR Ireland report representing a higher level of reporting than the previous six-month period of racist incidences and racist crime; her plans to progress with hate crime legislation in view of this report and of the increase in hate crime rhetoric surrounding recent elections across the globe; and if she will make a statement on the matter. [40301/16]
View answerI would like to assure the Deputy that any level of racist incidents and particularly racist crime are a matter of concern and An Garda Síochána monitors this type of crime very carefully. It is of course essential that anyone with information in relation to hate crimes provides full details to An Garda Síochána.
The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for co-ordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.
Where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.
That said, I have requested that this area of the criminal law be examined with a view to considering whether further legislative proposals are needed to strengthen the law.
I would also like to inform the Deputy that the Office for the Promotion of Migrant Integration, an office of my Department, is the focal point for the Government's commitment on anti-racism as a key aspect of integration, diversity management and broader national social policy. The Office continues to work with all the relevant sectors to further progress the integration and diversity management agenda.
A review of our approach to the integration of migrants has almost neared completion. This review will provide the basis for a new and updated migrant integration strategy. Work on the Integration Strategy is very advanced and is expected to be published early in the New Year. I expect that the Integration Strategy, when published, will include a strong anti-racism component.
60. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the reason for the continuing fall in Garda Reserve numbers in the Dublin western metropolitan region; and if she will make a statement on the matter. [40456/16]
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 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.
The reduction in the strength of the Garda Reserve since 2013 arises from a range of factors, not least the lifting of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly over 160 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána. I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last two years.
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, the Garda Reserve Management Office is currently 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. That office has also started work 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 to 2,000. 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.
