Written Answers Nos. 106-128
106. Deputy Niall Collins asked the Tánaiste and Minister for Justice and Equality when the Newcastle West Garda district in County Limerick will receive a replacement public order vehicle; and if she will make a statement on the matter. [24034/17]
View answerAs the Deputy will be appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.
I am, however, informed by the Garda authorities that the allocation of Garda vehicles is monitored and reviewed on a continual basis and vehicles are allocated between districts as required by operational circumstances including, for example, when vehicles are required in other districts to substitute for vehicles under repair.
I am further informed by the Garda Authorities that the Office of Government Procurement is in the process of tendering for vans that will be fitted out as public order vans. I understand that these vans will then be allocated to Regional Assistant Commissioners for assignment in accordance with operational priorities.
107. Deputy John Brady asked the Tánaiste and Minister for Justice and Equality her Department's rationale for not advancing the facilitation of the Coroners Bill 2015; and if she will make a statement on the matter. [24039/17]
View answerThe Deputy will be aware that Deputy Clare Daly proposed a Private Members Bill, entitled the Coroners Bill 2015, to address issues with regard to the investigation into maternal deaths. The proposals contained in this Bill would introduce mandatory reporting, post-mortem examinations and inquests into any maternal death. Deputy Daly's Bill also proposed the extension of the current scheme of legal aid to next of kin in respect of these inquests.
I recently met with Deputy Daly to further discuss her concerns with regard to maternal deaths. Following this meeting, I undertook to bring forward urgently an appropriate Government Bill to ensure that all relevant maternal deaths are fully investigated by way of a coronial inquest. I am pleased to announce that the Government today approved the drafting of this Bill, based on the relevant sections of the 2007 Coroners Bill, which completed Second Stage in the Seanad on 4 October 2007, with all necessary updating.
The Bill will introduce mandatory reporting, post-mortem examination and inquest in cases of maternal death and provide legal aid for a family member at the inquest. In addition, in order to address concerns previously expressed by myself, the Attorney General and others, for the need to improve compliance with European Convention on Human Rights obligations in this area, I propose to address a limited number of other issues in the Bill so as to ensure that the coroner has sufficient and effective power to obtain relevant information in regard to maternal and other deaths. These powers were already included in the 2007 Coroners Bill.
Subject to the advice of the Attorney General, I hope to be in a position to publish the Bill as soon as possible.
108. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the options available to a person applying for permission to remain here on the basis of being the spouse of an Irish national who wishes to obtain a PPS number; the process involved; and if she will make a statement on the matter. [24069/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the relevant details of the Spouse of Irish National scheme are available on the INIS website at www.inis.gov.ie/en/INIS/Pages/WP07000024. If the person concerned does not have current permission to remain in the State, they must complete the application form “Application for Residence Permission for Spouse/Civil Partner of an Irish National” which is available to download on the INIS website at http://www.inis.gov.ie/en/INIS/Pages/WP07000024.
Obtaining a PPS number is a matter for the Department of Social Protection and generally is separate from the immigration permission process.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility, which has been 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 Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is in the Deputy’s view, inadequate or too long awaited.
109. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if the annual financial returns submitted to her Department by the Garda Training College in the years prior to the transfer of accounting responsibility to the Garda Commissioner in 2006 were signed by an Accounting Officer for the years from its establishment up to 2006; if the accounts or accompanying financial statements made any reference to money held in unauthorised private banking accounts, brokerage accounts, and retail banking and credit unions accounts; if she is satisfied that the accounts were signed off appropriately; and if she will make a statement on the matter. [24133/17]
View answer110. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she is satisfied that issues pertaining to multiple land purchases, leasehold arrangements and tenant delinquency at the Garda Training College from its establishment up to 2006 when her Department held the chief Accounting Officer role were sufficiently reviewed by her Department; if sufficient oversight, management, governance arrangements and financial controls were in place; and if she will make a statement on the matter. [24134/17]
View answer111. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if her Department has sought or received a copy of an incomplete 2006 internal audit report into alleged financial irregularities and maladministration at the Garda Training College; if the incomplete report examined years in which her Department head held the position of chief Accounting Officer; and if she will make a statement on the matter. [24135/17]
View answer112. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if her Department has sought or received a copy of a 2008 report from a person (details supplied) into alleged financial irregularities and maladministration at the Garda Training College; if the report examined years in which her Department head held the position of chief Accounting Officer; and if she will make a statement on the matter. [24136/17]
View answer113. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if the reporting to the finance directorate or the Accounting Officer in her Department regarding the Garda Training College from its establishment up to 2006 covered private legal entities, investment and bank accounts, risk assessments or commercial enterprises operating at the college; if so, the nature and detail of such reporting; and if she will make a statement on the matter. [24137/17]
View answer114. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she is satisfied that any annual accounts signed off on by Accounting Officers from the establishment of the Garda Training College up to 2006 are not compromised in any way; and if she will make a statement on the matter. [24139/17]
View answer115. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she is satisfied that funds were misappropriated into private accounts in the Garda Training College from its establishment up to 2006; if she is satisfied that no offence under sections 5(2) and 6(1) of the Criminal Justice (Theft and Fraud Offences) Act 2001 occurred during this time period; and if she will make a statement on the matter. [24141/17]
View answer120. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality if she has sought or received a copy of a 2008 report from a person (details supplied) into alleged financial irregularities and maladministration at the Garda Training College; if the report examined years in which the Secretary General in her Department held the position of chief Accounting Officer and when the Garda Commissioner was the chief Accounting Officer; and if she will make a statement on the matter. [24262/17]
View answer121. Deputy David Cullinane asked the Tánaiste and Minister for Justice and Equality the nature of a meeting that took place in 2008 between senior departmental officials and the then Garda Commissioner regarding the Garda Training College; if minutes, correspondence, an agenda or notes exist regarding the meeting; the persons who attended and the role of each in his or her respective organisation at the time; the detail of the discussions that took place; and if she will make a statement on the matter. [24268/17]
View answerI propose to take Questions Nos. 109 to 115, inclusive, 120 and 121 together.
As the Deputy will be aware I have indicated publicly my concern at the findings of the Interim Internal Audit Report in relation to the financial procedures in the Garda College Templemore. As the Deputy will also be aware, the Committee is examining the Garda Commissioner in relation to the Interim Audit Report and intends to resume that examination in the coming weeks, and will report subsequently. The Garda Commissioner has been Accounting Officer for the Garda Vote since July 2006. Very particular responsibilities lie with Accounting Officers under the law and you will appreciate that I must be careful not to interfere in any way with the work of that Committee.
In relation to the period prior to the Commissioner assuming the role of Accounting Officer, my officials have provided available information to the Committee in relation to that period. The Deputy will appreciate that the period prior to the appointment of the Garda Commissioner as Accounting Officer relates to over 10 years ago, with consequent difficulties in establishing precise facts in relation to detailed aspects of this matter, particularly in the absence of relevant records. As previously stated, the Department became aware of certain issues in relation to Templemore, having received representations from local TDs in relation to the desire of people to continue to have access to Templemore Golf Club. Subsequently, the Department received the interim Internal Audit report which highlighted the issues around the lack of proper financial controls in operation in Templemore which are now being examined by the Committee.
In the circumstances, I believe that the best course at this stage is to allow the examination by the PAC continue unhindered and can assure the Deputy that I will pay very careful attention to the proceedings at the Committee and, in particular, any report that it may make. If action is required on my part as a result, I will not hesitate to take it.
While, of course, there has to be accountability in relation to what went on at the College, the immediate priority has to be ensuring the problems identified in the audit are resolved. I have been assured that the Garda Authorities recognise the gravity of the issues raised and that they are taking comprehensive steps to progress the recommendations in the Report. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations. In addition, upon receipt of the report I referred it to the Policing Authority to oversee the implementation of the recommendations and to report back to me each quarter. I expect the Authority to submit its first report to me in July.
Furthermore, I am advised that the Commissioner has requested an Assistant Commissioner to examine the Report with a view to establishing if there are any matters of discipline or criminality that need to be addressed and, if so, how such matters should be progressed.
116. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the steps she is taking to ease the backlog of Garda vetting applications for entrants into Templemore; and if she will make a statement on the matter. [24153/17]
View answerI have been informed by the Garda Authorities that there is at present no backlog in respect of Garda vetting applications for persons who are seeking recruitment into An Garda Síochána.
I am further informed that the vetting process for applicants to become Garda Trainees may vary depending on the circumstances of each individual application. There may be individual cases where it is necessary to conduct further enquiries, including with other bodies and agencies, and in these cases the processing times for applications may be significantly longer than the general average.
It is important to recall also that the vetting process is only one component of a number of components within the selection process for recruitment to An Garda Síochána. All of the elements of the recruitment process have to be completed before an applicant is deemed to be considered suitable and eligible to be recruited to An Garda Síochána.
117. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the steps she will take to tackle cyber crime; and if she will make a statement on the matter. [24156/17]
View answerI can inform the Deputy that significant steps have been undertaken in this area.
The Criminal Justice (Offences Relating to Information Systems) Bill, passed by the Oireachtas last week, is the first piece of legislation in this jurisdiction that is specifically dedicated to dealing with cybercrime. In addition to giving effect to the EU Directive on attacks against information systems, the legislation creates a range of offences relating to information systems and data, including illegally accessing a system, interference with systems or data and illegal interception of data.
In addition, this legislation implements key elements of the Council of Europe Convention on Cybercrime, which has been signed by Ireland. It is intended that any elements of the Convention not already covered under Irish law will be covered in a proposed Cybercrime Bill which is on the Government’s Legislation Programme.
The Commissioner's Modernisation and Renewal Programme 2016-2021 provided for the review and restructuring of the Computer Crime Investigation Unit (CCIU) to establish a dedicated Garda Cyber Crime Bureau to ensure An Garda Síochána has the capacity and capabilities to deal with cyber crime and cyber security.
I am informed by the Commissioner that the Garda Cyber Crime Bureau, under the direction of Assistant Commissioner Special Crime Operations, is headed by a Detective Superintendent who will be supported by two Detective Inspectors, with responsibility, respectively, for cyber-crime and for computer forensics. The allocation of additional and support staff for the Cyber Crime Bureau is ongoing.
I am also advised by Garda management that two pilot regional cyber units have already been established in the Southern and South-Eastern Regions.
In conjunction with the Garda College, a module on cyber crime investigation is included in the training programme for all Trainee Gardaí, with all other Garda personnel being trained through the Continuous Professional Development network, in cyber crime awareness and cyber crime investigation.
The Cyber Crime Bureau will continue to strengthen its links with the National Cyber Security Centre; industry partners; national and international stakeholders; and the UCD Centre for Cybersecurity and Cybercrime Investigation in the areas of research, development and training, as well as working closely with law enforcement partners to maintain and develop the capacity of An Garda Síochána to investigate and prevent cyber crime and improve cyber security.
118. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality her plans to abolish the upper age limit for persons wishing to join An Garda Síochána; her views on the fact that the force may be missing out on highly qualified and experienced recruits as a result of this ageist recruitment policy; if she will consider following the PSNI recruitment policy on this that sets a limit of 57 years of age for new recruits; and if she will make a statement on the matter. [24163/17]
View answerAs the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 and the recruitment and training of An Garda Síochána is a matter for the Garda Commissioner, and I as Minister have no direct role in the matter.
Recruitment competitions for full time members of An Garda Síochána are open to all who meet the eligibility criteria set out in the Garda Síochána (Admissions and Appointments) Regulations 2013.
Regulation 4 (a) specifies that the age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.
This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria:
(1) the cost of training and the need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost,
(2)the operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.
There are currently no plans to review this Regulation.
119. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the number of new CCTV installations at key locations along the road network and in urban centres in each county or local authority area since May 2016 in tabular form; and the funding provided for each. [24194/17]
View answerThe Deputy will be aware that the Programme for a Partnership Government commits to providing investment in CCTV systems and that I have secured €1 million in Budget 2017 to begin a new round of community CCTV schemes in line with the Programme.
In this context, I am pleased to inform the Deputy that, on 13 April 2017, I launched the new grant aid scheme to assist community-based groups in the establishment of community-based CCTV systems in their local areas.
Under the scheme, which will be administered by my Department, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational.
Full details of the grant aid package including guidelines, application forms, code of practice and other relevant documentation are all available to download from my Department's website.
I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders and I would encourage interested groups to avail of the Scheme so that the available funding can be utilised to facilitate the installation of new CCTV systems in communities in the near future.
122. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality when the Valuation Office will carry out revaluations in respect of commercial rates in local authorities; if the amounts paid under the global valuation system are excluded from this exercise and dealt with separately; the procedure in this regard; and if she will make a statement on the matter. [24291/17]
View answerThe Commissioner of Valuation has responsibility under the Valuation Acts 2001 to 2015 to maintain a valuation list of all commercial properties in each Local Authority area, which is used to calculate the rates due from individual ratepayers. Section 9(10) of the Act provides the Commissioner is independent in the performance of his functions and decisions with regard to the selection of rating authority areas for revaluation is his sole prerogative. As Minister for Justice and Equality, I do not have any role in this regard.
Revaluation is a process where all rateable properties in a Local Authority area are valued periodically by reference to a single valuation date. Following the first revaluation, subsequent revaluations of each rating authority area are then carried out on a cyclical basis no sooner than five years and no later than ten years after the first revaluation (Section 25 of the Valuation Act 2001). The revaluation provisions in the Valuation Acts provide for revaluation of all rateable property within a rating authority area to reflect changes in value due to economic factors, differential movements in property values or other external factors such as changes in the business environment or infrastructural changes in the vicinity of a property. The purpose of revaluation is to bring more equity, fairness and transparency into the rating system and to distribute the commercial rates liability across businesses more equitably based on modern circumstances.
The national revaluation programme currently underway is the first general revaluation of all commercial property in the State since the middle of the 19th century. It is a very significant undertaking involving the valuation of some 150,000 commercial rateable properties. Completing the first revaluation and getting properties in every Local Authority area onto the 5-10 year cycle of revaluations provided for in the legislation represents a sea-change for the rateable valuation system. The present position is that all rateable properties in the Dublin, Waterford and Limerick local authority areas are now re-valued. In addition, 13 public utilities representing some of the largest ratepayers in the State have been revalued on a global basis. In total, this represents approximately 57% of the national rateable valuation base in monetary value terms or 33% in numerical terms.
Significant progress is being made and the programme has established a momentum which is now being built upon as the current phase of work known as “REVAL 2017” is well underway which covers the following nine counties - Longford, Leitrim, Roscommon, Westmeath, Kildare, Offaly, Sligo, Carlow and Kilkenny where a revaluation is being undertaken for the first time since the nineteenth century. A second revaluation of commercial properties in South Dublin County Council area is also underway. I understand that the Commissioner intends to commence revaluation of County Laois over the coming months using new “Occupier Assisted Valuation” principles provided for in the Valuation (Amendment) Act 2015. The Commissioner has also indicated that revaluation of a further seven Local Authorities (Cavan, Louth, Meath, Monaghan, Tipperary, Wexford and Wicklow) will commence later in 2017.
Proposed Valuation Certificates issued in January 2017 for counties Leitrim, Longford, Roscommon and Westmeath and in March 2017 for counties Kildare, Offaly and Sligo. Proposed Valuation Certificates for Carlow and Kilkenny issued this month. Additionally, proposed certificates of valuation issued to all ratepayers in South Dublin County Council area on 13 April 2017. While generally, most ratepayers are satisfied with the valuations proposed to be placed on their properties, there is an extensive system of redress available to ratepayers who are dissatisfied with the proposed valuations or with any particular on the certificate relating to their property. In this regard, a dissatisfied ratepayer can make representations to the Valuation Office within 40 days of the date of issue of the certificate. The Valuation Office will consider the representations and may or may not change the proposed valuation depending on the circumstances of each individual property. A certificate of final valuation will issue to each ratepayer in the above counties in September 2017 and the valuation shown on the certificate will be used as the basis for the assessment of rates by the local authority with effect from 1 January 2018. If a ratepayer is still dissatisfied with the valuation on the final certificate which they will receive next September, they will have a right to lodge a formal appeal with the Valuation Tribunal, an independent statutory body established for the purpose of hearing appeals against decisions of the Commissioner of Valuation.
The position in relation to the global valuation of public utility undertakings is that, as required under section 53(6) of the Valuation Act 2001 as amended by the Valuation (Amendment) Act 2015, the Commissioner carried out a valuation of two utilities in 2014, seven utilities in 2015 and two utilities in 2016. Global valuations are carried out on a rolling five-yearly cycle as provided for in the Acts. The initial round of global valuations was carried out in the period 2004 to 2006 following the passage of the 2001 Act. The second round of global valuations was carried out in the period 2009 to 2011 and the most recent round was commenced in 2014 and concluded in 2016.
It is important to note that the global valuations cover all the networks and systems of lines, cables, masts, posts, pylons, wires and other ancillary constructions which pertain to the use or development of the utility and which are necessary to get its products or service, whether in the areas of electricity, telecommunications, transport or gas to the consumer. The global valuation process relates solely to the network occupied by the particular public utility undertaking and used by it for its principal objects or purposes such as the supply of electricity or gas or the provision of telecommunications or public transport. Other properties such as retail units offices or industrial space occupied by the undertaking but not used by it for its principal objects or purposes are not included in the global valuation. Such other properties operated by the utility are valued in the same manner as properties occupied by other businesses.
The same right of appeal that exists for commercial ratepayers also has application in the case of public utilities that are dissatisfied with the valuation in the final valuation certificate. This right of appeal may be exercised by the utility, a rating authority and the Minister for Housing, Planning, Community and Local Government to the Valuation Tribunal. There is a further right of appeal to the higher Courts on a point of law.
123. Deputy Sean Fleming asked the Tánaiste and Minister for Justice and Equality if green waste facilities which compost green waste into fertiliser that is sold for commercial purposes is a rateable activity on which commercial rates should be charged by a local authority; if she will have the matter dealt with by the Valuation Office; and if she will make a statement on the matter. [24301/17]
View answerThe Commissioner of Valuation is independent in the exercise of his duties under the Valuation Acts, 2001-2015 and the making of valuations for rating is his sole responsibility. The statute does not accord me, as Minister for Justice and Equality, any function in this regard.
The basic premise under the Valuation Acts 2001 to 2015 is that all interests including buildings and lands used or developed for any purpose (irrespective of whether such lands are surfaced) and any constructions affixed thereto are rateable unless expressly exempted under Schedule 4 of the said Acts. As a green waste facility is considered to be a commercial enterprise, and in the absence of an express exemption, the property which it occupies is deemed rateable under the Acts.
The basis of rateable valuation for all property including green waste disposal facilities is “net annual value” and is set out in Part 11 of the Valuation Act, 2001. Net annual value is the rental value for which one year with another, the building might, in its actual state, be reasonably expected to let from year to year, on the assumption that the probable average annual cost of repairs, insurance and other expenses (if any) that would be necessary to maintain the property in that state, and all rates and other taxes in respect of the property, are borne by the tenant of the property.
124. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality the progress in the programme for Government on justice issues, particularly regarding extending Garda oversight and accountability. [16402/17]
View answerSince my appointment as Minister for Justice and Equality, I have overseen a significant programme of reform in Garda oversight and accountability.
I was very pleased to establish an independent Policing Authority. The Policing Authority represents one of the most significant developments in policing since the foundation of the State. It constitutes a major element of the comprehensive programme of justice reform which is being delivered by the Government, aimed both at ensuring continuing confidence in the work of An Garda Síochána and at supporting the women and men of the service in the work they do on our behalf every day.
I strongly believe that the Authority has made a significant impact since its establishment in January 2016. I am informed that the Authority has been focusing, as a matter of priority, on its functions that have statutory deadlines and reform significance. This included agreeing An Garda Síochána Strategy Statement July 2016-2018, establishing Policing Priorities and a Policing Plan for 2017, launching the new Garda Code of Ethics and reporting on An Garda Síochána Protected Disclosures Policy. It has also met regularly with the Commissioner and her senior team to discuss the performance of An Garda Síochána in relation to policing matters, as well as undertaking selection competitions for appointments to senior ranks within An Garda Síochána.
The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded. I am committed to ensuring that we have in place the most effective possible mechanism for the investigation of complaints. GSOC has been operating for 10 years now, and I believe it is time to examine the legislative provisions relating to the manner in which complaints are made to and dealt with by GSOC. I recently sought and was granted Government approval to prepare Heads of a Bill to amend the Garda Síochána Act 2005 to enable GSOC to carry out its functions more effectively and efficiently and help continue to ensure proper accountability of the Garda Síochána in providing a service to the public.
The Garda Inspectorate performs a very valuable service in seeking to ensure that the highest level of efficiency and effectiveness in the operation and administration of the Garda Síochána is maintained. The Garda Inspectorate report 'Changing Policing in Ireland', published in December 2015, is a comprehensive report into all aspects of the administration of An Garda Síochána. Last July the Government approved my proposals for a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the report of the Garda Inspectorate and the commitments in the Programme for a Partnership Government to increase the visibility, effectiveness and responsiveness of An Garda Síochána. In this regard it sets out an overall vision of a Garda workforce of 21,000 comprising 15,000 Gardaí, 2,000 Reserves and 4,000 civilians to be achieved incrementally over five years in tandem with the delivery of reforms. The delivery of this overall vision is supported by the provision in Budget 2017 for the recruitment of 800 trainee Gardaí, up to 500 additional civilian staff and 300 Reserves.
The Garda Commissioner’s Modernisation and Renewal Programme 2016-2021, published in June 2016, is the vehicle for the implementation of the Inspectorate’s wide range of recommendations aimed at her organisation. I have asked the Policing Authority to monitor implementation of these agreed recommendations by An Garda Síochána and to report to me on progress on a quarterly basis. I received the first report in January and have published it on my Department's website. I have recently received the second progress report and I am currently considering its contents. I will publish it and each future progress report in due course.
The Modernisation and Renewal Programme will also address many of the detailed recommendations in the Garda Inspectorate's 2014 Report on Crime Investigation. Important strategic issues being addressed include, a new Performance Accountability and Learning Framework, (and IT system); a Control Room Strategy to provide for centralised handling of all requests for service from the public, linked to a modern Computer Aided Dispatch system; improved arrangements for Rosters and Duty Management; enhancements to Incident Management, Investigation Management and Victim Engagement. Taking account of the number and complexity of many of the recommendations, full implementation is being pursued on a phased basis.
I believe the new Code of Ethics, prepared by the Policing Authority and An Garda Síochána in conjunction with a range of stakeholders, is an important milestone. I also welcome the commitments in the Policing Plan 2017 to embed this Code into the day to day thinking and actions of the organisation.
The Government has recently approved the membership and final terms of reference for the Commission on the Future of Policing in Ireland. The terms of reference encompass all functions carried out by An Garda Síochána including community safety, state security and immigration, and also the full range of bodies that have a role in providing oversight and accountability including the three statutory bodies, but also my Department and the Government. They provide for a comprehensive examination of all aspects of policing in Ireland. The individuals who make up the Commission have impressive track records in their respective fields. The membership seeks to strike the right balance between domestic and international perspectives and between academic, operational policing, community and victims’ perspectives, change management, governance and indeed Government experience. These are people of the highest calibre and will bring the necessary diversity of thought and expertise to the task. It is clear from recent events that systemic issues which have emerged require the establishment of this expert group on policing to report in a timely way on the further changes now necessary to meet the requirements of a modern police force. Crucially the Commission may bring forward immediate proposals and rolling recommendations for implementation, that it considers are required to be addressed in the short-term, in advance of its final report. The final report is due by September 2018.
Both I and the Government are committed to ensuring that An Garda Síochána continues to provide a modern, efficient and accountable policing service and I have every confidence that the new structures which have been put in place are a significant contribution to that.
125. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality to outline her views on the latest CSO statistics on crime. [16719/17]
View answerAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. The CSO official recorded crime statistics for Q4 of 2016, show welcome decreases in a number of the main categories of crime that affect all our communities, including: burglary (30%), robbery (18%), theft (14%) and public order offences (12%) for the twelve months of 2016 when compared to the same period in 2015 - all of which parallels the implementation of Operation Thor. Furthermore, there have been notable decreases in kidnapping (22%), fraud (12%), weapons and explosive offences (11%) and damage to property and the environment offences (12%).
While most categories of crime show a positive trend, there are certain categories that have showed an increase, for example sexual offences (+9%). In this context, the Deputy will be aware that I have signed an Order commencing certain provisions of the Criminal Law (Sexual Offences) Act 2017 with effect from Monday 27 March 2017. This is one of the most comprehensive and wide-ranging piece of sexual offences legislation ever to be introduced and has been a priority for me as Minister for Justice and Equality. It is an essential piece of legislation that brings additional protections to some of the most vulnerable people in our community. It contains the right laws for these times, laws that will protect victims of the most vicious and depraved crimes.
The provisions of this Bill enhance and update laws to combat the sexual exploitation and sexual abuse of children. It widens the range of offences associated with child pornography to ensure that no one who participates in any way in the creation, distribution, viewing or sharing of such abhorrent material can escape the law.
The Deputy will appreciate that it is the Garda Commissioner who is responsible for the allocation of policing resources, and I, as Minister, have no direct role in the matter. I am assured that the allocation of Gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and relevant security assessments so as to ensure optimal use is made of Garda resources. In this context, I can assure the Deputy that the Government remains committed to ensuring that An Garda Síochána have the necessary resources to provide high visibility policing, tackle serious criminality and give effect to a range of large-scale operations. An additional €88.5 million is to be provided to An Garda Síochána in 2017 to maintain the necessary policing response, including,
- Concentrated policing targeting gang related crime
- Continued targeting of burglaries and related crime via Operation Thor
- Continued support for measures against terrorism
Underpinning all of these measures is the Government's commitment 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. 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. Approximately 300 appointments will also be made to the Garda Reserve.
126. Deputy Micheál Martin asked the Tánaiste and Minister for Justice and Equality if she has discussed the new immigration policy being suggested by the UK Government with the UK Prime Minister, Mrs. May. [20725/17]
View answerI take it that the Deputy is referring to the policy as set out in the UK Government's White Paper: The United Kingdom's Exit From and New Partnership with the European Union. The White Paper elaborates on the 12 guiding principles for their negotiations under the Article 50 withdrawal process. One of those principles relates to controlling immigration and states that the UK "will design our immigration system to ensure that we are able to control the numbers of people who come here from the EU. In future, therefore, the Free Movement Directive will no longer apply and the migration of EU nationals will be subject to UK law."
The Deputy will be aware that safeguarding the status and rights of the remaining EU 27 Member States citizens and their families in the United Kingdom and of the citizens of the United Kingdom and their families in the EU 27 Member States will be a priority for the negotiations on the UK withdrawal from the EU. The impact of 'Brexit' on the right to free movement of EU citizens will ultimately be a matter that will feature within the withdrawal negotiation process and it is therefore not possible at this juncture to say what arrangements will apply between the UK and EU in the future in respect of such persons or, indeed, on the detail of UK domestic policy on general immigration post Brexit. Ireland of course remains a committed member of the European Union and will continue to uphold the right of free movement for all EU citizens after the UK leaves the Union.
As part of the Common Travel Area arrangements, it has long been the case that Ireland and the UK cooperate closely on jointly securing the external border of the Common Travel Area. We will continue to maintain and enhance the excellent cooperation with the UK in the future.
Both the Irish and UK Governments have publicly declared their commitment to maintaining the CTA and to ensuring no return to a so-called 'hard border' on the island of Ireland. Furthermore, the EU Negotiation Guidelines adopted by the European Council on 29 April refer to the Union's commitment to the unique circumstances of the island of Ireland, including the aim of avoiding a hard border. The Guidelines also state that the Union should recognise existing bilateral agreements and arrangements between the UK and Ireland, which are compatible with EU law.
127. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality the measures which have been taken to review the ban on Libyan citizens obtaining visas for Ireland; her views on whether this ban is fair in view of the hardships endured by Libyan citizens; and if she will make a statement on the matter. [18303/17]
View answerI wish to advise the Deputy that certain restrictions on consideration of Irish visa applications from residents of Libya have been in place since August, 2014 due to the political and security situation in Libya. In doing so, all relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account.
There is provision for a small number of exceptions relating to the beef industry where applications may be accepted from persons who are known to and sponsored by the Department of Agriculture, Food and the Marine and/or An Bord Bia and who have a good travel history to Ireland, the UK or the Schengen countries. Certain applications in relation to the oil industry and which are supported by the internationally recognised Government in Libya are also considered.
The position has been kept under review by the Irish Naturalisation and Immigration Service of my Department. Ultimately, an appropriate balance must be struck between State security and individual applicants who wish to come here. More recently, I have asked my officials to look again at the restrictions in place to consider if there may be some scope to extend the categories of applicants who may be considered for visa processing.
128. Deputy Noel Rock asked the Tánaiste and Minister for Justice and Equality if she will consider implementing legislation, a scheme or a grant to ensure pensioners can access the legal system at a reasonable cost in view of their limited financial means to allow them to obtain power of attorney over a seriously ill partner; and if she will make a statement on the matter. [24427/17]
View answerThe Legal Aid Board provides civil legal aid and advice to people who cannot afford to pay for a solicitor from their own resources. In practice, the vast majority of applicants whose sole source of income is the contributory or non-contributory old age pension are likely to be paying the minimum contribution which is €30 for legal advice and a minimum of €130 for legal aid (the legal aid contribution includes the advice contribution already paid). Section 29 (2)(b) of the Civil Legal Aid Act 1995 (as amended by Section 80 of the Civil Law (Miscellaneous Provisions) Act 2008) also provides that the Legal Aid Board may waive any contribution payable or accept a lower contribution on the grounds that a failure to do so would cause undue hardship to the applicant. The merits of each particular application are assessed on a case by case basis.
