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Wednesday, 12 Apr 2017

Written Answers Nos. 100 - 113

Garda Strength

Questions (101)

Jim O'Callaghan

Question:

101. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on the need to build up to full strength the specialist units in An Garda Síochána involved in the fight against serious crime; and the current strength and target level for each, in tabular form. [18658/17]

View answer

Written answers

As 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.

This Government is committed to ensuring that, in the context of the commitment in the Programme for Government to increase the overall Garda strength to 15,000, the specialist units that form Garda Special Crime Operations (formerly National Support Services) will be increased to the required strength as determined by the Garda Commissioner. I am informed that the Commissioner has recently held competitions to fill vacancies for members in Garda Special Crime Operations and the needs of each of the specialist units will be considered by the Commissioner when assigning successful candidates from these competitions.

I am further informed by the Commissioner, since the reopening of the Garda College in September 2014, that 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end, an increase of 500 from the end of 2016. I expect that the specialist units will, like all policing activities, benefit as a result of these new resources coming on stream.

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 benefit all areas of Garda activity.

For the Deputy's information I have set out in the following table the strength of the specialist units which form Garda Special Crime Operations as of the 28 February 2017, the latest date for which figures are available. I am advised that for security and operational reasons the strength of other specialist units, namely: the Armed Response Units, Emergency Response Unit, Special Detective Unit and Security and Intelligence Section, cannot be provided.

Strength of Garda Special Crime Operations 28 Feb 2017

Total

Garda National Drugs and Organised Crime Bureau

104

Garda National Immigration Bureau

115

Garda National Economic Crime Bureau (formerly Garda Bureau of  Fraud Investigation)

37

Garda National Bureau of Criminal Investigation

41

Garda National Protective Services Bureau

29

Garda National  Technical Bureau

70

Criminal Assets Bureau

34

Crime Prevention

Questions (102)

Jim O'Callaghan

Question:

102. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of Garda business fora established since May 2016. [18659/17]

View answer

Written answers

As set out in my letter to the Deputy of 27 February 2017, I am advised that An Garda Síochána engages with a wide range of stakeholder groups as an integral part of its approach to policing and crime prevention. At national level, a Strategic Retail Forum is convened twice a year as an important element in the implementation of the Garda Theft from Shops Crime Prevention and Reduction Strategy. Participants in the Forum include An Garda Síochána, Retail Ireland, Retail Grocery Dairy & Allied Trades Association (RGDATA), the Small Firms Association (SFA), the Irish Small and Medium Enterprises (ISME), senior retail management representatives, security companies, chambers of commerce, chairs of local business fora and JPC representatives.

The Forum promotes schemes that build partnerships and support local Business Watch programmes. The purpose of the national forum is for stakeholders to share information from the meetings throughout their own organisations and encourage retailers to avail of the services of Divisional Crime Prevention Offices.

At local level, Business Watch Schemes operate in various locations around the country, in cooperation with local Gardaí. I have been informed by the Garda authorities that 33 notifications were received by An Garda Síochána regarding the establishment of Business Watch Schemes nationally since the beginning of 2016. I understand that, of these, 6 have been established since May, 2016.

Courts Service Administration

Questions (103)

Jim O'Callaghan

Question:

103. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to resource the courts, particularly the Circuit Court, to deal with increased non-summary prosecutions of serious crimes; and the additional resources being provided for this in 2017. [18660/17]

View answer

Written answers

The Programme for a Partnership Government contains a commitment to resource the Courts, particularly the Circuit Court, to deal with increased non-summary prosecutions of serious crimes. As the Deputy is aware, at its meeting of 6 December 2016, the Government decided to reassign, by appointment, three specialist judges of the Circuit Court as ordinary judges of the Circuit Court. These judges filled the three existing vacancies in the Circuit Court at that time and so now there is only one vacancy in the Circuit Court following a recent retirement of a Circuit Court judge.

As the Deputy is also aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions. However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that while there was an increase in the number of prosecutions in the courts of non-summary serious crime offences in 2015, the data for 2016 is currently being compiled and the trends will be carefully examined at that point.

The allocation of judicial resources and the scheduling of court cases is a matter for the Presidents of the courts and the judiciary who are, under the Constitution, independent in the exercise of their judicial functions. The Courts Service continue to work with the Presidents and the judiciary to support the efficient disposal of court cases and to ensure that waiting times are kept to a minimum and, where specific issues are identified, resources are targeted at areas of greatest need.

Recidivism Rate

Questions (104)

Jim O'Callaghan

Question:

104. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the measures being put in place to strengthen supervision of prolific repeat offenders after they have served their prison sentence. [18661/17]

View answer

Written answers

Prolific offenders may be subject to a range of supervision orders. These include Post Release Supervision orders under the Sex offender Act 2001 or Part-Suspended Sentence Supervision orders under the Criminal Justice Act 2006. In the management of these cases, the level of supervision in the community is determined by the level of risk indicated through the application of formal risk assessment instruments.

In an effort to strengthen the overall management of prolific offenders the Joint Agency Response to Crime initiative (J-ARC) was developed. J-ARC cases are managed on an inter-agency basis by An Garda Síochána, the Probation Service and the Irish Prison Service. J-ARC is a strategic response to the management of prioritised prolific offenders whereby a number of pilot initiatives have been developed to address their behaviour and reduce crime. J-ARC is operating with four inter-agency initiatives in Dublin and this has been extended to three additional areas i.e. Dundalk, Waterford and Limerick.

J-ARC has been incorporated into the first Joint Strategy on Offender Management which has been agreed between the Department of Justice and Equality, An Garda Síochána, The Probation Service and the Irish Prison Service and is in operation since September 2016. The Joint Strategy recognises that in order to protect the public and reduce victimisation in Irish society, a joined-up approach to the management of offenders is essential. The Strategy sets out a range of agreed key objectives and supporting actions for the enhanced management of offenders, to be advanced on an inter-agency basis in the period 2016-2018. It places particular emphasis on the management of high-volume offenders, sex offenders and perpetrators of domestic violence, combined with a strong focus on the rights and protection of crime victims.

Courts Service

Questions (105)

Jim O'Callaghan

Question:

105. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she commissioned the annual study on court efficiency and sitting times benchmarked against international standards to provide accurate measurements for improving access to justice; and when it will be published. [18662/17]

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Written answers

The Programme for a Partnership Government contains a commitment to commission an annual study on court efficiency and sitting times as outlined by the Deputy and my Department has examined options to develop the most effective approach to implementing this commitment. It is intended that this study will be incorporated into a wider review of the administration of civil justice which has been proposed by the President of the High Court.

On 22 March 2017 I announced that a Group, to be chaired by the President of the High Court Mr. Justice Peter Kelly, would be set up to review and reform the administration of civil justice in the State and that my Department, having lead overall responsibility for courts policy matters and for courts legislation, will play an active part in the review. The Group will make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court users and is to report to me within two years.

The remit of the Group is currently being finalised and it will take into account the body of work and range of initiatives already developed such as the 2010 report of the Law Reform Commission on Consolidation and Reform of the Courts as well as the legal costs provisions of the Legal Services Regulatory Act 2015 among others.

Proposed Legislation

Questions (106)

Jim O'Callaghan

Question:

106. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality when she will publish legislation to reduce excessive delays to trials and court proceedings including pre-trial hearings. [18663/17]

View answer

Written answers

As the Deputy will be aware, the Programme for Government contains a commitment to bring forward legislation to reduce excessive delays to trials and court proceedings, including proposals for pre-trial hearings. The Criminal Procedure Bill is currently in the drafting process with the Office of the Parliamentary Counsel.

The primary aim of the Bill is to reduce delays and increase efficiency and fairness in the criminal trial process. The Bill will in particular provide for new Preliminary Trial Hearings to allow for procedural arguments which arise during trials at present to be dealt with before a jury is empanelled, thereby saving time and allowing juries to focus on the facts of the case.

My Department continues to engage with the Office of the Parliamentary Counsel and with the Office of the Attorney General to resolve outstanding issues and to complete the drafting process as soon as possible, taking into account the competing demands of other priority Bills.

I look forward to publishing this Bill at the earliest possible opportunity.

Garda Deployment

Questions (107)

Jim O'Callaghan

Question:

107. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of the Dublin armed response unit; if it is now operational; the number of gardaí assigned to it; if any of its members have been reassigned from existing Garda units; if so, the number of such gardaí; if all the vacancies arising in those units from reassignment have been filled; and if she will make a statement on the matter. [18664/17]

View answer

Written answers

As 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.

At the request of the Commissioner in 2016, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area. The Government consistently made clear that we would fund whatever measures were needed for An Garda Síochána to best tackle the critical and unprecedented challenges they have been facing in relation to organised crime. As well as introducing strengthened legislation, the Deputy will recall that I secured Government approval for significant extra funding to maintain the necessary policing response to the current situation on an ongoing basis. There has also been a significant step-up in recruitment to An Garda Síochána, with a target of 15,000 Garda Members by 2021. In particular funding was approved for the establishment of a dedicated Armed Support Unit for the 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 (ASU) for the DMR is now fully operational and providing armed cover on a 24 hour basis. All the necessary resources have been provided to equip the new ASU and steps have also been taken to upgrade the equipment available to the Emergency Response Unit and the Special Detective Unit. I am advised by the Garda Commissioner that members were assigned to this unit from existing resources and further advised that the information requested by the Deputy in relation to the number of Gardaí assigned to the ASU is deemed to be operationally sensitive and cannot be disclosed for security reasons.

Garda Data

Questions (108)

Jim O'Callaghan

Question:

108. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the most recent figures for the number of appointed detectives in each Garda division, in tabular form. [18665/17]

View answer

Written answers

As 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.

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. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end, an increase of 500 from the end of 2016.

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 the organisation.

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 benefit all areas of Garda activity.

I am informed by the Commissioner that the Detective strength in each Garda Division on 28 February 2017, the latest date for which figures are readily available, was as set out in the following table.

An Garda Síochána Detective Strengths 28 Feb 2017

Division

Strength

DMR SOUTH CENTRAL

42

DMR SOUTHERN

44

DMR NORTHERN

38

DMR WEST

48

DMR NORTH CENTRAL

37

DMR EAST

24

WICKLOW

15

LOUTH

27

MEATH

16

WESTMEATH

19

LEIX/OFFALY

25

KILDARE

23

WEXFORD

21

WATERFORD

28

KILKENNY/CARLOW

20

TIPPERARY

24

CORK CITY

115

CORK NORTH

14

CORK WEST

17

KERRY

27

LIMERICK

53

CLARE

36

GALWAY

56

ROSCOMMON/LONGFORD

16

MAYO

16

SLIGO/LEITRIM

20

DONEGAL

32

CAVAN/MONAGHAN

27

TOTAL:

880

Garda Data

Questions (109)

Jim O'Callaghan

Question:

109. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of community gardaí in each Garda division, in tabular form. [18666/17]

View answer

Written answers

As 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 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 Commissioner has advised that all Gardaí, not simply designated Community 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.

Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community - both urban and rural - has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Garda Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.

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. This year, 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. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end, an increase of 500 from the end of 2016.

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 including Community Gardaí across every Garda Division 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.

The following table gives a breakdown of the number of Community Gardaí in each Garda Division as of 28 February 2017, the latest date for which figures are currently available from the Commissioner.

Number of Community Gardaí by Garda Division *

Garda Division

Total

DMR South Central

33

DMR North Central

102

DMR NORTH

52

DMR EAST

31

DMR SOUTH

36

DMR WEST

56

Waterford

44

Wexford

8

Tipperary

70

Kilkenny/Carlow

93

Cork City

27

Cork North

8

Cork West

5

Kerry

7

Limerick

41

Donegal

2

Cavan/Monaghan

4

Sligo/Leitrim

8

Louth

15

Clare

7

Mayo

3

Galway

15

Roscommon/Longford

11

Westmeath

10

Meath

10

Kildare

0

Laois/Offaly

4

Wicklow

12

Total

714

*as of 28 February 2017.

Credit Union Regulation

Questions (110, 114)

Niall Collins

Question:

110. Deputy Niall Collins asked the Minister for Finance his views on a matter (details supplied); and if he will make a statement on the matter. [18393/17]

View answer

Pat Buckley

Question:

114. Deputy Pat Buckley asked the Minister for Finance if the restrictions on Charleville Credit Union's lending will be lifted; and if he will make a statement on the matter. [18454/17]

View answer

Written answers

I propose to take Questions Nos. 110 and 114 together.

My role as Minister for Finance is to ensure that the legal framework for credit unions is appropriate for the effective operation and supervision of credit unions.

Credit unions are regulated and supervised by the Registrar of Credit Unions at the Central Bank who is the independent regulator for credit unions.  Within her independent regulatory discretion, the Registrar acts to support the prudential soundness of individual credit unions, to maintain sector stability and to protect the savings of credit union members.

While it is important to distinguish this division of roles, it is equally important to recognise that both the Registrar of Credit Unions and myself, as Minister for Finance, are working together for the safety of members' savings and the security of the credit union sector.

The Central Bank has informed me that they are prevented by legislation from discussing individual regulated firms. The Central Bank recognises the important role of credit unions and the provision of credit union services to their members and engages with credit unions to address supervisory issues arising.

The role of the Registry of Credit Unions is to regulate credit unions with a view to the protection by each credit union of the funds of its members and the maintenance of the financial stability and wellbeing of credit unions generally in line with its statutory mandate. In general, lending restrictions are imposed in the context of on-going matters of supervisory concern arising in individual credit unions. Where individual credit union lending restrictions are currently in place, they are reviewed on a regular basis by the Central Bank to determine whether or not they are still set at appropriate levels.

In relation to the holding of Annual General Meetings (AGMs) in accordance with Section 78(2) of the Credit Union Act, 1997 (as amended), the Central Bank informs me that it works closely with credit unions on a case by case basis to resolve any regulatory issues arising before a credit union can hold its AGM. 

The regulation and supervision of the credit union sector is a matter for the Central Bank and I am satisfied that the Registrar of Credit Unions is working in the best interests of individual credit unions, their members and the sector as a whole. 

In relation to lending restrictions more generally, the Implementation Group which I have established to implement all recommendations in the Credit Union Advisory Committee's (CUAC) report is currently considering all recommendations including a full review of section 35 lending limits and concentration limits. I look forward to an update from them in due course.

Tax Credits

Questions (111)

Jonathan O'Brien

Question:

111. Deputy Jonathan O'Brien asked the Minister for Finance the estimated cost of providing a tax credit of 13.5% for the purchase of house alarms in a 12-month period. [18405/17]

View answer

Written answers

I assume the Deputy is referring to the potential cost of the introduction of an incentive to install home alarms.

I would point out that such works already qualify for such a tax credit under the Home Renovation Incentive (HRI).  I am advised by Revenue that under the specific heading of "Supply and Fit Alarm", there have been 602 claims since 15 October 2013 with an associated cost of over €800,000.

Insurance Industry Regulation

Questions (112)

John Brady

Question:

112. Deputy John Brady asked the Minister for Finance his views on whether a motor insurance company (details suppled) has the right to refuse to transfer a no-claims bonus from a person's limited company to the same person when the limited company ceases to exist; if the company has the right to do so; the reason for this; and if he will make a statement on the matter. [18424/17]

View answer

Written answers

As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation.  Neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products.  Consequently, I am not in a position to itervene in the decision of an insurance company not to transfer a no claims bonus.  

I am advised that insurers use a combination of rating factors in making their individual decisions on whether to offer cover and what terms to apply.  These terms can include issues such as the no claims bonus, the age of the driver, as well as the type and age of car, the claims record, driving experience and penalty points of the driver, the number of drivers, how the car is used, etc.  My understanding is that insurers do not all use the same combination of rating factors, and as a result prices and availability of cover varies across the market. In addition, insurance companies will price in accordance with their own past claims experience. 

Finally, the Deputy should note that Insurance Ireland operates a free Insurance Information Service for those who have queries, complaints or difficulties in relation to obtaining insurance. Insurance Ireland can be contacted at feedback@insuranceireland.eu or 01-6761914.  

Tax Code

Questions (113)

Peter Burke

Question:

113. Deputy Peter Burke asked the Minister for Finance the detail of the VRT regime here; if the State pays penalties to the European Union for implementing same; and if he will make a statement on the matter. [18433/17]

View answer

Written answers

The VRT regime is provided for in Irish legislation, primarily in the Finance Act 1992, Part II, Chapter IV.  From time to time the European Commission queries aspects of the operation of the Vehicle Registration Tax system. These queries take the form of Pilots that may or may not escalate to Infringements.  None of these cases has resulted in a fine being imposed on Ireland.

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