Wednesday, 3 May 2017

Garda Station Refurbishment

Questions (117)

Niamh Smyth

Question:

117. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality her plans to build a new Garda station in Cootehill, County Cavan; her further plans for investment in this area; and if she will make a statement on the matter. [21096/17]

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Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works which has the responsibility for the provision and maintenance of Garda accommodation, and I, as Minister, have no direct role in these matters.

I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 117 for answer on 3rd May, 2017, regarding inter alia plans to build a new Garda station in Cootehill, County Cavan.

As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.

You will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.

I have been advised by the Garda authorities that local Garda management has recently identified Cootehill Garda Station as being potentially suitable for the accommodation of additional Garda personnel. I understand that An Garda Síochána is currently engaging with the OPW to consider the priority works that could be undertaken to allow for the allocation of these personnel at this location.

In addition, the Garda Capital Building and Refurbishment Programme 2016-2021, which I announced with my colleague the Minister of State at the OPW on 21 October 2015, will benefit some 30 locations around the State and includes plans for the development of a new Garda station at Bailieborough and the refurbishment of the former Garda station in Stradone for additional Garda facilities.

I trust that the above is of assistance.

Garda Station Closures

Questions (118)

Niamh Smyth

Question:

118. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the number of Garda stations which have been closed in the Cavan-Monaghan Garda division in the past decade, in tabular form; the number of these buildings that have been sold; if An Garda Síochána has plans for the remaining stations in State ownership; her plans in this regard; and if she will make a statement on the matter. [21097/17]

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Written answers

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and resources, including decisions in relation to Garda stations and I, as Minister, have no direct role in these matters.

I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 118 for answer on 3rd May, 2017, regarding Garda stations in the Cavan Monaghan Garda Division that have been closed. As you will recall, the information you requested could not be obtained in the time available, and I undertook to contact you again.

You will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation.

During 2012 and 2013, An Garda Síochána completed a comprehensive review of its district and station network with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.

As a result, the Garda District and Station Rationalisation Programme was implemented which resulted in the closure of some 139 Garda stations including, in the Cavan/Monaghan Division— Bawnboy, Clontibret, Corrinshigagh, Newbliss, Smithborough and Redhills, which have been returned to the OPW, Tullyvin, which was sold by public auction on 24 June 2014, Shantonagh, which was returned to the landlord from which it was leased, and Stradone, which is required for use by An Garda Síochána. I trust that the above is of assistance.

Citizenship Applications

Questions (119)

Niamh Smyth

Question:

119. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the reason for the delay in processing citizenship for persons (details supplied). [21106/17]

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Written answers

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the persons concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

The Deputy should note that as the persons concerned have no current right of residency in the State, the issue of naturalisation does not arise at this stage.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Operations

Questions (120, 121, 122)

Jonathan O'Brien

Question:

120. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the position regarding the internal review within An Garda Síochána into the organisation's knowledge of a person's (details supplied) movements and activities here between 2004 and 2006 following an earlier review completed in 2011. [21114/17]

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Jonathan O'Brien

Question:

121. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will establish a public inquiry into the operation and actions of undercover police officers from outside this jurisdiction, including establishing the persons that authorised these undercover operations here; if An Garda Síochána hold files on persons monitored by external police operatives; and when those monitored will be given access to those files. [21115/17]

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Jonathan O'Brien

Question:

122. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her views on foreign police officers having deceptive intimate relationships with women here, in violation of their human rights and bodily integrity. [21116/17]

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Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 120 to 122, inclusive, together.

As the Deputy will be aware, allegations regarding an undercover police officer in this jurisdiction were first made public in 2011. A report was sought from the Garda Commissioner on the matter at that time and that report was provided to my predecessor in March 2011. The Commissioner's report noted that no evidence had been established that the person in question had been involved in any criminal activity while in this jurisdiction. That said, if any evidence of any criminal wrongdoing is available it should be brought to the Garda Authorities in order that it might be fully investigated.

As I have stated to the House previously, in the light of developments which have taken place outside this jurisdiction since these matters first came to light, including the establishment by the UK Government of an inquiry into undercover policing, I sought a fresh report from the Garda Commissioner on any issues arising. I will fully consider this report when it is available, including the issue of whether it may be suitable for publication. In that context there are no plans to establish a further form of inquiry at this time.

I am advised by the Garda Authorities that An Garda Síochána co-operates with external police services on intelligence-related matters as circumstances dictate. This is, of course, to be expected given that intelligence gathering and sharing are fundamental duties of any police service. Any arrangements that may be made are subject to operational requirements; they are governed by strict protocols relating to conduct and confidentiality and must, of course, in all circumstances operate in accordance with the law. I would emphasise the point I have made previously that there can be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither is there any question of a police officer from outside the jurisdiction exercising police powers here.

It is a function of An Garda Síochána to investigate crime and in the event that credible evidence is advanced to or uncovered by An Garda Síochána that a criminal offence has been committed the matter would be pursued fully in accordance with the law in the normal manner. Following any criminal investigation it would be a matter for the Director of Public Prosecutions to determine whether charges are warranted in any given case. The facts or consequences of behaviour that may be considered undesirable or of an intimate nature are not matters for criminal investigation by the Garda Authorities in circumstances where no criminal offence is disclosed.

The Deputy will understand also that the Garda Síochána Ombudsman Commission is the statutory mechanism in place to deal with complaints about the conduct of members of An Garda Síochána.

Garda Operations

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Written answers

Tánaiste and Minister for Justice and Equality

I propose to take Questions Nos. 123 to 133, inclusive, together.

The Questions which the Deputy has asked relate very largely to operational policing matters. The policing powers and duties of members of An Garda Síochána are set out in the Garda Síochána Acts 2005-2015, including that the direction and control of An Garda Síochána are matters for the Garda Commissioner. Those Acts set out also the mechanisms for oversight of policing services by the Policing Authority and for the investigation of complaints about Garda conduct by the Garda Síochána Ombudsman Commission. Members of An Garda Síochána are subject not just to the provisions of the Garda Síochána Acts but to the law generally and also to the Garda codes and regulations in carrying out their duties, including the Code of Ethics published by the Policing Authority in January.

The Deputy will appreciate, therefore, that neither I nor my Department would be directly involved in arrangements for or the conduct of day-to-day policing activities, including the conduct of intelligence-gathering operations, whether overt or undercover. I am sure the Deputy will agree that this separation of responsibilities is as it should be. Therefore, neither I nor my Department would be in possession of the reports of undercover police work.

It is also the case that certain covert surveillance activities are governed by the provisions of the Criminal Justice (Surveillance) Act 2009.

As the Deputy will be aware, allegations regarding an undercover police officer in this jurisdiction were made public in 2011. A report was sought from the Garda Commissioner on the matter at that time and that report was provided to my predecessor in March 2011. The Commissioner's report noted that no evidence had been established that the person in question had been involved in any criminal activity while in this jurisdiction. That said, if any evidence of any criminal wrongdoing is available it should be brought to the Garda Authorities in order that it might be fully investigated.

The Deputy will understand that intelligence-gathering and sharing are fundamental and routine functions for any police service in combatting crime and security threats and in seeking to ensure public safety. I am advised by the Garda Authorities that An Garda Síochána co-operates with external police services on intelligence-related matters as circumstances dictate. Any arrangements that may be made are subject to operational requirements and must, of course, in all circumstances operate in accordance with the law. There could be no question of any person being permitted to engage in criminal activities here in any circumstances. Neither, indeed, is there any question of a police officer from outside the jurisdiction exercising police powers here.

The fact or consequences of behaviour that may be considered undesirable or of an intimate nature are not matters for criminal investigation by the Garda Authorities in circumstances where no offence is disclosed. The Deputy will understand also that the Garda Síochána Ombudsman Commission is the statutory mechanism in place to deal with complaints about the conduct of members of An Garda Síochána. It operates independently and in accordance with its functions set out under the Garda Síochána Acts 2005-2015.