Written Answers Nos. 60-70
60. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the errors in classifying and recording homicides by members of An Garda Síochána; and her plans to address this matter. [21189/17]
View answer61. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of homicides which were recorded incorrectly by members of An Garda Síochána. [21190/17]
View answer80. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality when her attention was drawn to a number of domestic murders which had been misclassified as in official Garda records as assaults causing harm; and if she will make a statement on the matter. [21357/17]
View answerI propose to take Questions Nos. 60, 61 and 80 together.
While I am aware of public comment in relation to a review of the classification of homicides, I am awaiting a full report from the Garda authorities on the matter and I will communicate further with the Deputies when this is to hand.
The Deputies will recall that the Garda Inspectorate Report on Crime Investigation, published in November 2014, identified concerns about some aspects of the recording and classification of crime incident data. In view of these concerns, I met with the Director of the Central Statistics Office to help chart a course of action to address the Inspectorate’s recommendations in relation to the recording and classification of crime data.
Since then the CSO has provided strong support for measures to improve the quality of our crime figures, including two detailed reviews of the quality of crime data, as recorded on the Garda PULSE system (June 2015 and September 2016). I understand that further reviews are planned by the CSO and this will provide us with an important level of reassurance in relation to official crime statistics.
The CSO has also chaired an Expert Group on Crime Statistics which has considered a number of the Garda Inspectorate’s recommendations on crime statistics, including in relation to the crime counting rules. I am advised that the Expert Group has prepared a report, and I expect this will be published in the coming weeks.
Work to address the full range of the Garda Inspectorate’s recommendations in relation to data quality is ongoing and is supported by very large Government investments totalling €330 million from 2016-2021 in Garda technology and systems, including €250 million under the Capital Plan.
It is essential that we do all we can to ensure and enhance the integrity of crime statistics. The Government remains committed to ensuring that the issues highlighted by the Garda Inspectorate concerning the official crime statistics are addressed progressively through a series of measures by An Garda Síochána, and the CSO as the national statistics agency.
62. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the date on which she will publish the report by a person (details supplied) into the legislation behind the accessing of journalists' phones by GSOC. [21191/17]
View answerThe former Chief Justice, John Murray, has completed the report of his Review of the Law on the Retention of and Access to Communications Data. I have forwarded a copy of the report to the Attorney General for her consideration, particularly against the background of recent findings by the Court of Justice of the European Union in this area of law. Following that I will bring the report to the Government with a view to its publication.
63. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans for recruitment in the Prison Service; the number of prison officers due to retire in 2017; and the number of prison officers due to be recruited in 2017. [21192/17]
View answerI am informed by the Irish Prison Service that in 2016, the Public Appointments Service launched a recruitment campaign on behalf of the Irish Prison Service for Recruit Prison Officers, the first since 2008.
As of 30 April 2017, 99 prison grade staff (of which 57 are prison officers) have informed my Department that they will retire in 2017. It is intended to recruit approximately 80 new Recruit Prison Officers this year, and a further 216 Recruit Prison Officers in 2018.
64. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the funding allocated to open the violent and disruptive prisoner unit; the date on which it will open; the prison in which it will be located; the number of staff that will be allocated to the unit; the job titles of each; and if she will make a statement on the matter. [21193/17]
View answerI am advised by my officials of the Irish Prison Service that a unit will be established in Midlands Prison, as a national resource to manage those prisoners designated as violent and disruptive. The unit will be the first therapeutically focused unit for dealing with such prisoners and this is reflected in the joint management structure, jointly led by an Operational Governor and a Senior Psychologist, with dedicated, specifically selected and trained staff.
The current Irish Prison Service Violently Disruptive Prisoner policy, aims to:
(i) Protect staff and other persons from inmates who have a history of violent acts and who are considered to be a high risk of causing serious injury to another person and
(ii) Make efforts to intervene with inmates categorised as Violently Disruptive Prisoners to reduce their risk of violence.
From a prisoner population of approximately 3,700, there are at present four prisoners currently in custody who have been so designated.
It is envisaged that the unit will be open in the first quarter in 2018. The procurement process is underway and the appointment of a consultant is imminent. A tender competition for the building works will follow shortly afterwards. The unit will be the first therapeutically focussed unit for dealing with such prisoners and this is reflected in the joint management structure, jointly led by an Operational Governor and a Senior Psychologist, with dedicated, specifically selected and trained staff.
65. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to set up a commission of investigation into the handling of complaints against a person (details supplied). [21194/17]
View answerAs the Deputy may be aware, I met with four individuals in Leinster House in November 2016, where I had an opportunity to listen to their concerns first-hand and their request for the establishment of a Commission of Investigation into the handling of the complaints made by them which ultimately led to the conviction, in 2016, of the person referred to for sexual offences committed during the 1980’s in Waterford. I want to acknowledge the courage and determination of the individuals concerned in pursuing this matter as well as their entitlement to get answers to many of the serious questions surrounding the handling of their complaints.
I recently updated my Cabinet colleagues on my consideration of this matter and, in view of the serious questions raised about the actions and attitudes of various persons in positions of authority, I believe that the balance of the public interest may make it appropriate to move towards the establishment of a further inquiry into the handling of the case by State agencies, including An Garda Síochána, as well as the role of Church and other figures. However, in view of the fact that Garda investigations into more recent complaints are still ongoing, the Deputy will appreciate that we must be careful not to impinge on the rights of other victims to have their complaints fully considered and, if appropriate, prosecuted, subject always to the due process rights of any suspects. Therefore I am consulting with the Attorney General to consider the effects of establishing a Commission of Investigation with a view to supporting all of the victims involved in having their complaints heard and their rights vindicated. Following these consultations, I hope to be in a position to make more definitive proposals to Government in relation to this matter.
66. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of gardaí stationed at each airport here. [21195/17]
View answer69. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the number of extra armed gardaí that would be necessary at Dublin Airport to ensure that it was adequately prepared in the event of a terror attack; and if she will make a statement on the matter. [21230/17]
View answer78. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the number of Garda detectives based full time in Dublin, Cork and Shannon airports for each of the years 2010 to 2016 and to date in 2017; and if she will make a statement on the matter. [21334/17]
View answerI propose to take Questions Nos. 66, 69 and 78 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.
The Garda authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. The Deputy will understand, of course, that the detail of such security measures, including the number and nature of Gardaí assigned to particular areas, cannot be disclosed publicly for obvious reasons. An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly-trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.
While there are a number of persons here whose activities in support of extremism give rise to concern they will continue to be monitored closely by the Garda authorities and all appropriate measures will be taken in this regard.
The Garda Authorities will continue to work closely with their EU and other international security and intelligence counterparts in responding to the shared threat of international terrorism. The gathering and sharing of relevant information is an important aspect of this international co-operation. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and significant work is ongoing in this regard. This includes connecting to the Schengen Information System and, indeed, to other EU and Interpol information-sharing resources relevant to countering the terrorist threat. A series of measures is being rolled out to build on the current EU framework for information-sharing, combatting terrorism and controlling illegal firearms, and Ireland is fully engaged in pursuing these developments.
67. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the number of civilian staff and members of An Garda Síochána and the Garda Reserve who have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years; and if she will make a statement on the matter. [21202/17]
View answerDisciplinary matters within An Garda Síochána are the responsibility in the first instance of the Garda Commissioner. I have requested the specific information sought by the Deputy from the Commissioner and I will write to her on receipt of same.
The following deferred reply was received under Standing Order 42A.
At the time the then Minister responded that she would request information from the Garda Commissioner on the specific query raised and that she would write to the Deputy upon receipt of same.
As stated in the reply to the Parliamentary Question it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally disciplinary matters within An Garda Síochána and I, as Minister, have no direct role in the matter.
I have been advised by the Commissioner that all personnel of An Garda Síochána have been instructed that the inappropriate release of any data in the possession of An Garda Síochána is prohibited.
In relation to civilian staff of An Garda Síochána, the relevant discipline codes are Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005 andCircular 19/2016 Civil Service Disciplinary Code which came into effect on 1st September 2016. Appendix II of this code lists examples of serious misconduct and one of the misconducts is “unauthorised entry/access tocomputer and/or other records/files.
Garda management has informed me that there have been three civilian staff members within An Garda Síochána who have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past 10 years. I am advised that there is currently one disciplinary investigation ongoing in relation to the misuse of the PULSE system/other Garda information systems by a civilian staff member and one disciplinary investigation ongoing in relation to the misuse of a Garda information (email) system by a civilian staff member. The three civilian staff members within An Garda Síochána who previously faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years were dealt with pursuant to Circular 14/2006: Civil Service Disciplinary Code revised in accordance with the Civil Service Regulation (Amendment) Act 2005. The two ongoing cases are being dealt with pursuant to Circular 19/2016 Civil Service Disciplinary Code.
In relation to members of An Garda Síochána, the mechanisms for addressing matters of discipline are regulated by the Garda Síochána (Discipline) Regulations 2007 as amended. The schedule to the regulations lists thirtyacts or conduct constituting breaches of discipline. There is no specific breach of discipline for the misuse of the PULSE system and other Garda information systems, instances of such nature may fall under the breach of“Neglect of Duty” or “Discreditable Conduct”, among others listed.
Also within the 2007 regulations, at Regulation 10 it is stated ‘Notwithstanding anything in these regulations, a member whose duties include the supervision of another member may deal informally with a minor breach of discipline by that other member, whether by advice, caution or warning, as the circumstances may require.’ The closing of minor breaches of discipline by the use of Regulation 10, which is cited as an informal process, is not recorded centrally by An Garda Síochána.
Set out below for your information is a table provided by an Garda Síochána setting out information on members of An Garda Síochána and/or Garda Reserves that have faced disciplinary actions as a result of the misuse ofthe PULSE system and other Garda information systems in the past ten years.
Information in respect of members of An Garda Síochána and/or Garda Reserves that have faced disciplinary actions as a result of the misuse of the PULSE system and other Garda information systems in the past ten years
|
Year |
Number of Gardaí/Reserve members who have faced Internal Disciplinary Actions |
Number of Members found in breach of Discipline following internal investigation |
Result other than Members being found in Breach of Discipline |
Number of Live Files |
|
2017 |
9 |
0 |
0 |
9 |
|
2016 |
5 |
1 |
0 |
4 |
|
2015 |
16 |
6 |
5 |
5 |
|
2014 |
26 |
17 |
7 |
2 |
|
2013 |
6 |
2 |
3 |
1 |
|
2012 |
2 |
2 |
0 |
0 |
|
2011 |
8 |
6 |
2 |
0 |
|
2010 |
3 |
3 |
0 |
0 |
|
2009 |
9 |
6 |
3 |
0 |
|
2008 |
6 |
4 |
2 |
0 |
|
2007 |
1 |
1 |
0 |
0 |
Notes The column referred to as “result other than members being found in breach of discipline” covers a variety of different outcomes such as the discipline matters being discontinued due to the member’s retirement or resignation, or the member being found not in breach. In some cases the internal discipline investigation is discontinued when the Garda Síochána Ombudsman Commission accept the complaint for which the discipline matter refers.
The high figures for 2014 can be explained by the involvement of fourteen members in one discipline case.
I hope this information is of assistance.
68. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality her plans to introduce a referendum on pre-nuptial agreements; and if she will make a statement on the matter. [21220/17]
View answerThe institution of marriage is afforded constitutional protection under Article 41.3.1º of the Constitution. Under Article 41.3.2º, a court may grant a divorce only where specific conditions have been met. These conditions include a requirement that “such provision as the court considers proper having regard to the circumstances exists or will be made for the spouses and any children of either or both of them and any other person prescribed by law”.
I have at present no plans to bring forward a proposal for a referendum to amend Article 41.3 of the Constitution to provide for enforceability of pre-nuptial agreements. While the concerns underlying suggestions for legislation in this area are recognised, making provision in the Constitution for enforceability of pre-nuptial agreements would raise a number of significant legal and public policy considerations which would need to be examined very carefully. However, my Department is keeping the matter under review.
70. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality the number of prison officers who were employed by the State in 2008; the number of prison officers who are currently employed by the State; the ratio of prison guards to prisoners in 2008 and currently; and if she will make a statement on the matter. [21235/17]
View answerI am informed by the Irish Prison Service that there were 3,462 WTE (whole time equivalent) prison grade staff employed by the State in 2008, with a ratio of prison grade staff to prisoners of 0.91:1.
As of 31 March, 2017, there were 3,203 WTE prison grade staff employed by the State, with a ratio of prison grade staff to prisoners of 0.72:1.
I am informed by the Irish Prison Service that in 2016, the Public Appointments Service launched a recruitment campaign for Recruit Prison Officers, the first since 2008.
It is intended to recruit approximately 80 new Recruit Prison Officers in 2017 and a further 216 Recruit Prison Officers in 2018.
