Written Answers Nos. 49 - 59
49. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to establish a local inter-agency on domestic violence for a review of services and ensure cross-Border co-operation in Border regions. [21153/17]
View answerTusla has statutory responsibility for the provision of services to victims of domestic sexual and gender based violence and provides funding to some 60 organisations nationally to deliver a range of services to victims and others affected by these forms of violence.
I am informed by the Department of Children and Youth Affairs that six organisations in the border region providing services to victims of Domestic Violence receive funding from Tusla. A range of services are provided including community-based supports and emergency refuge service provision.
As part of its commissioning process Tusla is engaging with service provider organisations to review needs and service provision in areas where restructuring needs or gaps in service provision have been identified. Tusla is mindful of cross-border issues in addressing needs and service provision in border areas.
50. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if the forthcoming national domestic violence strategy will have an all-Ireland dimension to co-ordinate responses to domestic and sexual violence. [21154/17]
View answerThe Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 was published in January 2016. The Programme for Partnership Government includes a commitment to its implementation. The strategy is a whole of Government response aimed at preventing and responding to domestic, sexual and gender-based violence in this jurisdiction. The key goals of the strategy are to prevent such violence, support victims and holding perpetrators to account. The strategy also contains those actions necessary for the ratification of the Istanbul Convention. Work on implementing the strategy's actions is ongoing.
Under the auspices of the Intergovernmental Agreement on Co-operation on Criminal Justice Matters, both my Department and the Department of Justice in Northern Ireland and the related criminal justice agencies in both jurisdictions discuss matters of mutual interest including strategies for more effective co-operation on criminal justice matters across the island of Ireland.
Under this framework, information sharing in the policy area of addressing domestic and sexual violence in both jurisdictions is facilitated, in particular, by the work of the Support for the Victims of Crime Advisory Group. This group comprises high-level representation from the relevant criminal justice agencies North and South who promote and co-ordinate practical, operational co-operation, the exchange of best practice and sharing of policy initiatives, which informs policy and operational developments in both jurisdictions. This close co-operation reflects the Government’s strong continuing commitment to cross-Border working for the mutual benefit for all the people of this island.
51. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will include protection from domestic violence as a named priority in all policing plans. [21156/17]
View answerThe levels of service to be provided by the Garda Síochána are set out each year in the annual policing plan. The independent Policing Authority is required under the Garda Síochána Act 2005, as amended, to determine priorities and targets for An Garda Síochána in performing its functions relating to policing services. As the Deputy will appreciate, I, as Minister, have no direct role in the development of the plan. The Garda Síochána Policing Plan is prepared by the Garda Commissioner having regard to the priorities set by the Policing Authority, the current Garda Strategy Statement; resources available to An Garda Síochána and the proposed allocation of those resources; and the policing principles. In accordance with the Act, the Garda Commissioner will submit to the Policing Authority, before the month of November, a draft plan for approval for the following year.
The Deputy may be pleased to note, however, that domestic violence is a named priority in the 2017 Policing Plan which underscores a focus on supporting victims of sexual crime and domestic violence in line with the National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021. The Policing Plan is available on both www.garda.ie and www.policingauthority.ie and was laid before the Oireachtas in January.
52. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the continuing professional development training available to members of An Garda Síochána in dealing with domestic violence. [21157/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
The Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 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 Garda Síochána is committed to supporting this strategy, and 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, to form the Garda National Protective Services Bureau (GNPSB).
The 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 responsible for working with other agencies to manage sex offenders in the interest of community safety. I am informed by the Commissioner that as of 31 March 2017, the latest date for which figures are available, there were 38 Garda members and 8 civilians assigned to the GNPSB.
As part of the Commissioner's Modernisation and Renewal Programme 2016-2021 Protective Services Units (PSUs) are to be established in every Garda Division with specially trained staff. These PSUs will ensure a consistent approach to domestic abuse and sexual crime, which will be supported by the national Bureau. The PSUs will work with the Garda Victim Service Offices in their area to ensure that the needs of victims are adequately catered for.
I have requested the information sought by the Deputy from the Commissioner and I will write to him on receipt of same.
The following deferred reply was received under Standing Order 42A:
I refer to your Parliamentary Question No. 52 for answer on Thursday, 4 May 2017, the text of which was as follows:-
"To ask the Tánaiste and Minister for Justice and Equality the continuing professional development training available to members of An Garda Síochána in dealing with domestic violence."
At the time the then Minister responded that she would request the information sought by you from the Garda Commissioner and she would write directly to you on receipt of the same.
I am informed by the Garda Commissioner that all Garda personnel received training in the investigation of incidents of domestic abuse, in all its forms. Additional and more specific training is in development by the Director of Training, in conjunction with the Garda National Protective Services Bureau, for personnel selected for duty with the pilot Divisional Protective Services Units.
Furthermore, An Garda Síochána has recently issued a revised policy for intervention in domestic abuse incidents, which is a ‘live’ document, and outlines processes and procedures to be undertaken by Garda personnel when investigating such incidents. The policy will be subject of review and amendment, arising from new or amending legislation.
I am further informed by the Commissioner that under the Modernisation and Renewal Programme for An Garda Síochána, 2016-2021 Divisional units of Garda National Protective Services Bureau are being rolled-out in two phases, supported by the Garda National Protective Services Bureau, to ensure a consistent approach to domestic abuse and sexual crime. Phase One has recently been completed, with Divisional Protective Services Units established in three Divisions, in the DMR West (Blanchardstown), Cork City, and Louth Division. Induction training has been provided for the personnel selected for these Units, with a briefing being provided to all relevant State Agencies and NGOs.
An Garda Síochána has also adopted Children First: National Guidance for the Protection & Welfare of Children (2011), which also provides further guidance on procedures in relation to domestic abuse where children are involved.
I hope this information is of assistance.
53. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the protocols in place for the way gardaí treat victims of domestic violence who enter Garda stations to make reports. [21158/17]
View answer54. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to ensure standardisation and harmonisation of the way complaints of domestic violence are addressed by An Garda Síochána in order that women are not impeded from making complaints and cases brought forward are not undermined. [21159/17]
View answerI propose to take Questions Nos. 53 and 54 together.
I have sought information from the Garda Síochána in relation to the matters raised and will revert to the Deputy upon receipt of this information.
In the meantime I can advise the Deputy that following the establishment by An Garda Síochána of a National Garda Protective Services Bureau, led by a Chief Superintendent, and the establishment of a new nationwide network of Garda Victim Service Offices with dedicated staff in each of the 28 Garda Divisions further initiatives are now planned locally to improve the services to victims of domestic violence. The National Garda Services Bureau is tasked with improving services to victims, improving the investigation of domestic violence incidents, and identifying and managing risk. It is intended to establish Divisional Protected Services Units in each Garda Division, mirroring the responsibilities held by the National Protected Services Bureau. This will be rolled out shortly on a phased basis starting with 3 Divisions - Louth, Dublin Metropolitan Region West and Cork City. Part of the initiative is more appropriate accommodation for victims to make reports.
Furthermore, a new Garda domestic violence policy has recently been finalised with input from the voluntary sector and the Office of the Director of Public Prosecutions. The policy places victims at its centre and will increase the awareness and enhance the capability of members of An Garda Síochána when dealing with this issue. The policy will inform the training of members of An Garda Síochána, the continuous professional development of members and modular training for the Divisional Protected Services Units.
The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Questions Nos. 53 and 54 for answer on 4th May 2017, in which you requested information on the then Tánaiste and Minister for Justice and Equality's protocols that are in place for the way gardaí treat victims of domestic violence who enter Garda stations to make reports and her plans to ensure standardisation and harmonisation of the way domestic violence complaints are addressed by An Garda Síochána in order that women are not impeded from making complaints, and cases broughtforward are not undermined.
As you will recall, the information you requested could not be obtained in the time available, and the then Tánaiste and Minister for Justice and Equality undertook to contact you again.
All Garda personnel received training in the investigation of incidents of domestic abuse, in all its forms. Additional and more specific training has been developed by the Director of Training, in conjunction with the Garda National Protective Services Bureau, for personnel selected for duty with the pilot Divisional Protective Services Units which recently commenced in three Garda Divisions - the DMR West (Blanchardstown); Cork city, and Louth. This initiative is being managed by the Detective Chief Superintendent, Garda National Protective Services Bureau with each Divisional Officer and will inform the full roll-out to each Garda Division, by assessing and evaluating the initial Units, by geographicalsize and population profile.
An Garda Síochána has recently issued a revised policy for intervention in domestic abuse incidents, which is a ‘live’ document, and outlines processes and procedures to be undertaken by Garda personnel when investigating such incidents. The Policy will be the subject of review and amendment, arising from new or amending legislation.
This policy outlines that Garda personnel, when dealing with victims of domestic abuse will:
- introduce themselves by name;
- speak to the victim in private;
- if the victim prefers to talk to a Garda of their own gender, every
- -effort is made to accede to this wish, and this Garda is included in the investigation;
- arrange for assistance from local Ethnic Liaison Officers to be utilised, where cultural issues arise.
When dealing with the victim, the Garda attending the scene will keep in mind the emotional and physical pain the victim may be suffering, while ensuring all available evidence is obtained.
If the victim has injuries, medical assistance will be arranged by the Garda attending the scene.
The Garda will explain to the victim the investigation process and the continued liaison which will be maintained throughout the investigation.
Victims are advised of a suitable safety plan, and are provided with the relevant contact details for the emergency services.
The victim is advised of the procedures to be followed in applying for a Safety/Protection/Interim Barring/Barring Order under the Domestic Violence Act, 1996, as amended.
The victim is advised of the legal redress available to them through the Civil Courts and provided with contact details for the Family Law Courts in the area.
Victims are provided with the information, support and protection in accordance with the Garda Victim Service Policy and the EU Victims Directive.
The victim is provided with a copy of the relevant Domestic Abuse information literature and is made aware of the relevant services, both statutory and voluntary, in the area which may be of assistance to them.
The victim’s complaint is investigated without bias or discrimination.
Each Garda Division has a nominated Inspector appointed by the Divisional Officer, who has responsibility for monitoring and ensuring compliance with the Domestic Abuse intervention policy when dealing with incidents of domestic abuse. D/Chief Superintendent, Garda National Protective Services, and his management team, on behalf of the Commissioner, and under the direction of Assistant Commissioner, Special Crime Operations, is responsible for ensuring that all incidents relating to criminality againstvulnerable persons are properly recorded and investigated and that all appropriate supports are provided to the victims of crime. Responsibility for the investigation of individual incidents rests with the District Officer where such incident occurred.
An Garda Síochána has also adopted Children First: National Guidance for the Protection & Welfare of Children (2011), which also provides further guidance on procedures in relation to Domestic Abuse where children are involved.
As part of the ongoing work of the PULSE Data Quality Working Group, a process commenced in the Northern Region in April, 2017, whereby staff at GISC are responsible for the recording and classification of all crime in the Region. It is intended for the phased roll-out of this process to be completed to all Garda Regions before the end of Q3, 2017. This will provide a uniform approach to the recording and classification of crime.
I hope this information is of assistance.
55. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to ensure that digital photography is used to gather evidence in domestic violence cases. [21160/17]
View answerThe Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021 contains an action providing for legislation for An Garda Síochána to wear and activate body mounted cameras when responding to domestic violence incidents to gather and use evidence as appropriate. A review is under way in my Department of the law in relation to the recording of images by the Garda Síochána which will inform work on this issue.
56. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to ensure that training on domestic violence is introduced for members of the Judiciary. [21161/17]
View answerAs the Deputy may be aware, the Committee for Judicial Studies has responsibility for the ongoing training of the judiciary and my function as Minister under the Courts and Courts Officers Act 1995 is, with the consent of the Minister for Public Expenditure and Reform, to provide funds for the training and education of judges.
I am informed that the Committee for Judicial Studies organises annual one day conferences for judges of the various Courts and also arranges seminars on discrete topics. In addition there is a one day annual National Judges’ Conference at which topics relevant to judges of all jurisdictions are discussed. I am further informed that the topic of domestic violence regularly features on the agenda of events organised by the Committee.
57. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the role the Probation Service has in family courts in producing safety reports and risk assessments to inform the courts' decisions. [21162/17]
View answerWhile Probation Officers are suitably qualified persons to prepare reports under Section 47.1 (a) of the Family Law Act the Probation Service does not currently provide family law assessment reports to the Courts.
58. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality the progress to date on the new courthouse for Drogheda; when it will be available for the administration of justice in County Louth; and if she will make a statement on the matter. [21177/17]
View answerAs the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
The Deputy will be aware that the construction or redevelopment of seven regional courthouses is currently underway with four new courthouses being built in Drogheda, Letterkenny, Limerick and Wexford and substantial refurbishment and extension of existing courthouses in Cork, Mullingar and Waterford and these projects are being completed under Public Private Partnership arrangements.
In order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the construction and fit out of the new courthouse for Drogheda is at a very advanced stage. The Courts Service anticipates that court business will commence in the new Drogheda courthouse next month in June 2017.
59. Deputy Fergus O'Dowd asked the Tánaiste and Minister for Justice and Equality the position regarding the recently announced increase in Garda numbers in County Louth by location; when her plans to further increase Garda numbers by location will be announced; and if she will make a statement on the matter. [21178/17]
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 have been advised by the Commissioner that as of the 31 March 2017 there were 297 Garda with 29 Garda Reserves and 24 civilians attached to the Louth 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 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 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 49 of which were assigned to the Louth Division. I am also informed that another 600 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 since 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, including the Louth Division.
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.
