Written Answers Nos. 129-151
129. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if a visa application for a person (details supplied) can be processed, in view of the fact it is required by the person to start a course in Dublin in June 2017; and if she will make a statement on the matter. [24509/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the visa application referred to has been approved on appeal. The applicant has been informed.
The Deputy may wish to note that 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 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 INIS is, in the Deputy’s view, inadequate or too long awaited. In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie).
130. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the number of gardaí deployed at Blanchardstown Garda station for each of the past ten years; her plans to address the understaffing at the station; and if she will make a statement on the matter. [24524/17]
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 am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Commissioner that the Blanchardstown Garda Station forms part of the Blanchardstown District in the Dublin Metropolitan Region (DMR) West Division. The strength of the Blanchardstown District on 31 March 2017, the latest date for which figures are currently available was 308 members of whom 146 were assigned to Blanchardstown Station. There are 6 Garda Reserves and 15 civilians attached to the Blanchardstown District. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau 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.
This plan is progressing apace. I am advised by the Commissioner, that since the reopening of the Garda College in September 2014, just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide of whom 88 have been assigned to the DMR West 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 every Garda Division, in the coming years. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner earlier this month with a closing date of 1 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will benefit all areas of Garda activity.
For the Deputy's information, I have set out in the following tabular the number of Garda assigned to Blanchardstown Garda Station from 2007 to 2016 and on 31 March 2017, the latest date for which figures are readily available, as provided by the Commissioner.
|
Strength of Blanchardstown Garda Station 2007-2017 |
|
|
YEAR |
STRENGTH |
|
2007 |
180 |
|
2008 |
192 |
|
2009 |
204 |
|
2010 |
197 |
|
2011 |
186 |
|
2012 |
162 |
|
2013 |
162 |
|
2014 |
156 |
|
2015 |
154 |
|
2016 |
143 |
|
2017* |
146 |
*Up to 31 March 2017
131. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality if she has used a private email account (details supplied) for official business in her role as Minister for Justice and Equality; if she still uses the private email account for official business; and if she will make a statement on the matter. [24528/17]
View answerThe Deputy will wish to be aware that access for all staff to web based emails is restricted by security infrastructure deployed by the Department of Justice and Equality. The Department provides a secure remote access service to staff who require access to Departmental systems including emails outside of work hours.
I use my Departmental email address to conduct official business related to my role. In addition, I also operate an Oireachtas email account which is primarily used by my constituency office. Like most people, I also have a personal email account and I have on a small number of occasions in the past used this address in relation to my work.
132. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of letters of intention to deport under section 3 of the Immigration Act 1999, issued by nationality in each of the years from 2013 to 2016 and to date in 2017, in tabular form; if they were asylum related or non-asylum related; and if she will make a statement on the matter. [24563/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information sought by the Deputy is set out in the following tables. The Deputy will be appreciate that the issue of the letters under Section 3 is the start of a process whereby detailed consideration is given to each case taking into account all aspects before a decision is made to grant leave to remain or the person is issued with a Deportation Order. Non-Asylum seekers can enter the section 3 process by a variety of means, for example, those whose immigration permission has lapsed or not been renewed, or persons found to be illegally in the State.
|
Breakdown of letters issued in 2017(up to and including 18/05/2017) of intention to deport under Section 3 broken down by nationality and asylum/non-asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Pakistan |
97 |
443 |
540 |
|
Brazil |
3 |
131 |
134 |
|
Bangladesh |
18 |
89 |
107 |
|
China (including Hong Kong) |
9 |
69 |
78 |
|
India |
14 |
60 |
74 |
|
Nigeria |
46 |
16 |
62 |
|
Albania |
36 |
3 |
39 |
|
Malawi |
19 |
11 |
30 |
|
Zimbabwe |
27 |
2 |
29 |
|
Mauritius |
3 |
25 |
28 |
|
Others |
137 |
193 |
330 |
|
Total |
409 |
1042 |
1,451 |
|
Breakdown of letters issued in 2016 of intention to deport under Section 3 broken down by nationality and asylum/non-asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Pakistan |
257 |
159 |
416 |
|
Nigeria |
129 |
55 |
184 |
|
China (including Hong Kong) |
27 |
134 |
161 |
|
Brazil |
11 |
104 |
115 |
|
India |
50 |
49 |
99 |
|
Albania |
68 |
5 |
73 |
|
Bangladesh |
41 |
23 |
64 |
|
Mauritius |
13 |
46 |
59 |
|
Algeria |
37 |
5 |
42 |
|
Malawi |
23 |
16 |
39 |
|
Others |
319 |
181 |
500 |
|
Total |
975 |
777 |
1,752 |
|
Breakdown of letters issued in 2015 of intention to deport under Section 3 broken down by nationality and asylum/non-asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Nigeria |
321 |
53 |
374 |
|
Pakistan |
138 |
38 |
176 |
|
China (including Hong Kong) |
27 |
73 |
100 |
|
Brazil |
2 |
93 |
95 |
|
Congo (The Democratic Rep. of) |
56 |
9 |
65 |
|
Albania |
50 |
1 |
51 |
|
South Africa |
37 |
13 |
50 |
|
Mauritius |
13 |
36 |
49 |
|
Algeria |
36 |
7 |
43 |
|
Ghana |
39 |
3 |
42 |
|
Others |
330 |
177 |
507 |
|
Total |
1,049 |
503 |
1,552 |
|
Breakdown of letters issued in 2014 of intention to deport under Section 3 broken down by nationality and asylum/non-asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Nigeria |
252 |
57 |
309 |
|
China (including Hong Kong) |
20 |
138 |
158 |
|
Pakistan |
52 |
35 |
87 |
|
Brazil |
3 |
77 |
80 |
|
Mauritius |
9 |
67 |
76 |
|
United States of America |
0 |
48 |
48 |
|
South Africa |
23 |
20 |
43 |
|
Algeria |
27 |
11 |
38 |
|
Malaysia |
10 |
25 |
35 |
|
Zimbabwe |
21 |
10 |
31 |
|
Others |
237 |
237 |
474 |
|
Total |
654 |
725 |
1,379 |
|
Breakdown of letters issued in 2013 of intention to deport under Section 3 broken down by nationality and asylum/non-asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Nigeria |
199 |
62 |
261 |
|
China (including Hong Kong) |
35 |
224 |
259 |
|
Pakistan |
84 |
41 |
125 |
|
Mauritius |
13 |
107 |
120 |
|
Brazil |
4 |
98 |
102 |
|
Congo(The Democratic Rep. of) |
75 |
12 |
87 |
|
India |
3 |
47 |
50 |
|
Zimbabwe |
44 |
5 |
49 |
|
South Africa |
16 |
27 |
43 |
|
Malaysia |
1 |
40 |
41 |
|
Others |
380 |
353 |
733 |
|
Total |
854 |
1,016 |
1,870 |
133. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of persons, by nationality, granted leave to remain on humanitarian grounds under section 3 of the Immigration Act 1999 in 2016 and to date in 2017 in tabular form; if they were asylum related or non-asylum related; the number of applications pending; if they are asylum related or non-asylum related; and if she will make a statement on the matter. [24567/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the information sought by the Deputy is included in the following tables. It should be noted that persons issued with a notice under Section 3 of the Immigration Act 1999 have their cases considered in accordance with the provisions of the section, following which they may be issued with a Deportation Order or permission to remain. While Deportation Orders are made under the terms of Section 3, permission to remain is granted under the Minister's general executive authority. The figures in the tables relate to cases where Section 3 Notices issued to the persons concerned. There is a further cohort of cases granted where no Section 3 Notice issued prior to the granting of permission to remain. This generally happens in the cases of children. There were 178 such cases in 2016 where permission to remain was granted in this way.
|
Leave to Remain Grants in 2016 broken down by Nationality and Asylum/Non-Asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Nigeria |
147 |
16 |
163 |
|
Pakistan |
48 |
2 |
50 |
|
Congo (The Democratic Rep. of) |
36 |
0 |
36 |
|
Zimbabwe |
22 |
2 |
24 |
|
South Africa |
17 |
4 |
21 |
|
China (including Hong Kong) |
6 |
14 |
20 |
|
Cameroon |
14 |
0 |
14 |
|
Georgia |
12 |
1 |
13 |
|
Ghana |
13 |
0 |
13 |
|
Bangladesh |
10 |
2 |
12 |
|
Others |
142 |
24 |
166 |
|
Total |
467 |
65 |
532 |
|
Leave to Remain Grants in 2017 (up to and including 18/05/2017) broken down by Nationality and Asylum/Non-Asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Afghanistan |
2 |
0 |
2 |
|
Albania |
3 |
0 |
3 |
|
Algeria |
1 |
0 |
1 |
|
Angola |
1 |
0 |
1 |
|
Armenia |
0 |
1 |
1 |
|
Bolivia |
1 |
4 |
5 |
|
Bosnia and Herzegovina |
1 |
0 |
1 |
|
Brazil |
0 |
9 |
9 |
|
Cameroon |
2 |
0 |
2 |
|
China (including Hong Kong) |
2 |
1 |
3 |
|
Congo (the Democratic Rep. of) |
3 |
0 |
3 |
|
Ethiopia |
2 |
0 |
2 |
|
Kosovo/UNSCR 1244 |
1 |
0 |
1 |
|
Malawi |
5 |
0 |
5 |
|
Mauritius |
2 |
0 |
2 |
|
Nepal |
1 |
0 |
1 |
|
Nigeria |
25 |
3 |
28 |
|
Pakistan |
21 |
0 |
21 |
|
Philippines |
0 |
1 |
1 |
|
Rwanda |
1 |
0 |
1 |
|
Sierra Leone |
1 |
0 |
1 |
|
South Africa |
2 |
1 |
3 |
|
Uganda |
1 |
0 |
1 |
|
Ukraine |
1 |
1 |
2 |
|
Zimbabwe |
1 |
0 |
1 |
|
Total |
80 |
21 |
101 |
|
Leave to Remain Pending (up to and including 28/04/2017) broken down by Nationality and Asylum/Non-Asylum |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Pakistan |
169 |
453 |
622 |
|
China (including Hong Kong) |
40 |
412 |
452 |
|
Nigeria |
193 |
192 |
385 |
|
Brazil |
7 |
370 |
377 |
|
Mauritius |
10 |
141 |
151 |
|
Bangladesh |
44 |
99 |
143 |
|
India |
20 |
117 |
137 |
|
South Africa |
33 |
71 |
104 |
|
Philippines |
1 |
83 |
84 |
|
Albania |
73 |
9 |
82 |
|
Others |
738 |
685 |
1423 |
|
Total |
1,328 |
2,632 |
3,960 |
134. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of deportation orders signed under section 3 of the Immigration Act 1999, by nationality, in 2016 and to date in 2017 in tabular form; if they were asylum related or non-asylum related; the numbers of these enforced; if they were asylum related or non-asylum related; the number of these subsequently revoked under section 3(11); and if they were asylum related or non-asylum related [24566/17]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the figures requested by the Deputy are as set out in the following tables. In each instance, the top five nationalities are shown with all other nationalities grouped under the 'Others' category. The Deputy might wish to note that orders effected and revoked in 2016 and 2017 may have been made in an earlier year. In relation to Orders effected, it should be borne in mind that persons the subject of a Deportation Order are obliged to remove themselves from the State, and it is only when they do not, that the State is obliged to intervene. In relation to revocation, Orders can be revoked for a variety of reasons, all of them relating to a substantial and material change in the relevant applicant's circumstances since the decision to make a Deportation Order was taken.
Deportation Orders made in 2016
|
Nationality |
Asylum |
Non-Asylum |
All orders made |
|
Pakistan |
187 |
32 |
219 |
|
China |
45 |
46 |
91 |
|
Nigeria |
62 |
23 |
85 |
|
Albania |
60 |
3 |
63 |
|
Brazil |
12 |
39 |
51 |
|
Others |
571 |
116 |
687 |
|
Totals |
937 |
259 |
1,196 |
Deportation Orders made in 2017 (up to and including 18th May, 2017)
|
Nationality |
Asylum |
Non-Asylum |
All orders made |
|
Pakistan |
74 |
26 |
100 |
|
India |
16 |
11 |
27 |
|
Nigeria |
15 |
5 |
20 |
|
Albania |
14 |
0 |
14 |
|
Sudan |
14 |
0 |
14 |
|
Others |
138 |
49 |
187 |
|
Totals |
271 |
91 |
362 |
Deportation Orders effected in 2016
|
Nationality |
Asylum |
Non-Asylum |
All orders effected |
|
Nigeria |
173 |
6 |
179 |
|
China (including Hong Kong) |
56 |
3 |
59 |
|
Ghana |
16 |
0 |
16 |
|
Brazil |
0 |
15 |
15 |
|
Albania |
13 |
0 |
13 |
|
Others |
109 |
37 |
146 |
|
Totals |
367 |
61 |
428 |
Deportation Orders effected in 2017 (up to and including the 18th May, 2017)
|
Nationality |
Asylum |
Non-Asylum |
All orders effected |
|
China (including Hong Kong) |
12 |
0 |
12 |
|
Nigeria |
5 |
1 |
6 |
|
Pakistan |
6 |
0 |
6 |
|
Mauritius |
2 |
2 |
4 |
|
Albania |
3 |
0 |
3 |
|
Others |
8 |
2 |
10 |
|
Totals |
36 |
5 |
41 |
Deportation Orders revoked in 2016
|
Nationality |
Asylum |
Non-Asylum |
All orders revoked |
|
Nigeria |
84 |
11 |
95 |
|
DR Congo |
33 |
0 |
33 |
|
Ghana |
29 |
1 |
30 |
|
China (including Hong Kong) |
11 |
6 |
17 |
|
Pakistan |
14 |
1 |
15 |
|
Others |
118 |
32 |
150 |
|
Totals |
289 |
51 |
340 |
Deportations Orders revoked in 2017(up to and including the 18th May, 2017)
|
Nationality |
Asylum |
Non-Asylum |
All orders revoked |
|
Nigeria |
7 |
1 |
8 |
|
South Africa |
2 |
3 |
5 |
|
Pakistan |
3 |
1 |
4 |
|
Brazil |
1 |
3 |
4 |
|
Malawi |
3 |
0 |
3 |
|
Others |
20 |
5 |
25 |
|
Totals |
36 |
13 |
49 |
135. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality the number of persons who agreed to voluntary repatriation under section 3 of the Immigration Act 1999, by nationality, in 2016 and to date in 2017, in tabular form; if they were asylum related or non-asylum related; and if she will make a statement on the matter. [24565/17]
View answerI am advised that the Irish Naturalisation and Immigration Service (INIS) of my Department, in conjunction with the International Organisation for Migration (IOM), offers voluntary assisted return and re-integration programmes for asylum seekers, failed asylum seekers and other illegally present migrants.
Asylum seekers or failed asylum seekers who have not had a Deportation Order made in respect of them can be assisted to return to their country of origin under the Voluntary Assisted Return and Re-integration Programme (VARRP). Other illegally present migrants can be assisted to return to their country of origin under the Irregular Voluntary Assisted Return and Re-integration Programme (IVARRP), which is co-funded by the EU on a 75/25 basis.
Under these programmes, the flights home for such persons are paid and, where required, the IOM will assist in securing travel documents and will also give assistance at the points of departure and arrival. Persons availing of these programmes can apply for re-integration assistance to allow them to start up a business or enter further education or training when they are back in their country of origin. This takes the form of an 'in-kind' support rather than a cash payment.
In addition to the two IOM based programmes referred to above, I am advised that my Department also assists people who are illegally present in the State and wish to return home voluntarily by covering the cost of the return flight, if necessary, and assisting in securing travel documentation.
The statistical information requested by the Deputy is set out in the following tables. The top five nationalities are given.
|
Voluntary Returns broken down by nationality and Asylum/Non-Asylum 2017 (up to and including 18th May, 2017) |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Brazil |
1 |
13 |
14 |
|
Pakistan |
3 |
6 |
9 |
|
Malaysia |
0 |
5 |
5 |
|
China (including Hong Kong) |
2 |
2 |
4 |
|
South Africa |
3 |
0 |
3 |
|
Others |
3 |
15 |
18 |
|
Totals |
12 |
41 |
53 |
|
Voluntary Returns broken down by nationality and Asylum/Non-Asylum 2016 |
|||
|
Nationality |
Asylum |
Non-Asylum |
Total |
|
Brazil |
1 |
55 |
56 |
|
Romania |
0 |
22 |
22 |
|
Pakistan |
12 |
3 |
15 |
|
Malawi |
3 |
8 |
11 |
|
Malaysia |
0 |
9 |
9 |
|
Others |
41 |
33 |
74 |
|
Totals |
57 |
130 |
187 |
136. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the amounts expended to date in 2017 by An Garda Síochána to a company (details supplied) and other public relations firms used by the force in 2017; and if she will make a statement on the matter. [24568/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána and, as Minister, I have no direct role in relation to these matters.
I have been informed by the Garda authorities that the information requested by the Deputy in relation to the company concerned is as follows:
|
January 2017 |
February 2017 |
March 2017 |
April 2017 |
Total |
|
€9,533 |
€8,733 |
€0 |
€646 |
€18,912 |
137. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the increasing number of cases for hearing in Cavan District and Family Courts; the steps she will take to reduce the number of cases in a sitting in Cavan District Court; and her plans to employ an additional judge to help alleviate the cases waiting for hearing or to assign additional hearing dates. [24576/17]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore the scheduling of court cases and the allocation of court business are matters for the President of the District Court and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that Cavan District Court currently sits 6 days per month for the transaction of District Court business and in 2016 it disposed of a total of 4,472 matters. The waiting times for the hearing of cases in Cavan District Court as at December 2016 which is the most recent information available were as follows:
Criminal summonses - 16 weeks
Charge Sheets - Next Sitting
Civil Business - 12 - 14 weeks
Family Law - 12 - 16 weeks (with exception of domestic violence applications which are heard at the next sitting of the Court)
The Courts Service has advised that delays in the hearing of cases can occur for reasons outside the direct control of the courts and the Courts Service and give rise to the adjournments which can have a major impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting.
The President of the District Court and presiding judges of the various Districts continually monitor waiting times and workload and work with the Courts Service to target judicial resources at areas with highest needs. In this regard, a total of 44 special sittings of Cavan District Court were supported in 2016 and there have been 10 special sittings of the District Court to date in 2017. The District Court also sits in Virginia, County Cavan and in 2015 and 2016 there were a total of 84 sittings of the District Court in Virginia and 17 special sittings of that court were also supported.
138. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 64 of 29 March 2017, if she has the report available on the breakdown by Garda district and district court area, of the breath test discrepancies disclosed on 23 March 2017 for each of the years in question; and if she will make a statement on the matter. [24582/17]
View answer139. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 64 of 29 March 2017, when the Garda report on breath test discrepancies, by county and district, will be available to Dáil Éireann, in view of the fact it has already been discussed by the Garda Commissioner and lower garda ranks and that some percentages have already been revealed; and if she will make a statement on the matter. [24583/17]
View answerI propose to take Questions Nos. 138 and 139 together.
The Deputy will be aware, further to parliamentary question number 64 of 29 March 2017, that I have requested a report from the Garda authorities on the matters raised by the Deputy and will contact the Deputy directly on receipt of this report.
As I have indicated to the House previously, An Garda Síochána has confirmed that it has put solutions in place to deal with the procedural and practice issues that have been detected to ensure that the errors that have been identified in relation to breath tests/Mandatory Alcohol Testing do not recur.
I am informed that An Garda Síochána initially put in place new paper based recording and verification processes, and, in November 2016, a new specific data recording IT upgrade was installed on the Garda PULSE system. The net effect of the new IT upgrade was that personnel now have to record the serial number of the device used for each breath test plus the meter reading before and after the checkpoint was concluded. Data from the device is now used to verify the total number of breath tests conducted at each checkpoint.
The Deputy will also be aware that in addition to outlining the issues, how they had come to light, and the remedial steps taken so far, the Commissioner has:
- announced the restructuring of traffic policing with the creation of a new Roads Policing Unit to be led by Assistant Commissioner Mick Finn;
- announced the creation of a dedicated team under newly appointed Assistant Commissioner Michael O’Sullivan to investigate in detail the MATs issue, including with a view to identifying and holding responsible for their actions any Garda members, whether at junior, supervisory or management level, who acted improperly; and
- committed to forwarding the report of this investigation to the Policing Authority and Department of Justice and Equality when completed. An interim report was forwarded by An Garda Síochána to the Policing Authority in advance of the Authority's recent public meeting on roads policing, which took place on 27 April 2017.
Assistant Commissioner Finn previously outlined new arrangements agreed with the Medical Bureau on Roads Safety (MBRS) to the effect that the MBRS would supply An Garda Síochána with its data on breath-testing devices on a quarterly basis, in order to ensure an independent benchmark against which Garda data can be measured. The MBRS informed me at this week's meeting of the Ministerial Committee on Road Safety that the tender for new preliminary breath testing equipment is now live and it is hoped that all stages of the process will be completed by early 2018. New equipment which is available in the market place has the capacity to record the time, GPS location and number of persons breath-tested, and has the capacity to download the information automatically, reducing the chances of errors occurring in the data.
The Deputy will be aware that I have written to the Chairperson of the Policing Authority in accordance with section 62O(6) of the Garda Síochána Act, 2005 (as amended) to report to me on its oversight of the issues which have arisen in relation to mandatory alcohol testing over the coming period. In particular, I requested that an investigation should be conducted to examine all issues arising, addressing to the extent possible the reasons why the issues have arisen; the incidence and scale of the issues; and the solutions implemented to ensure there is no recurrence. It is expected that the Authority will engage outside expertise to carry out this work and they Authority has informed me that they are in discussions with the Office of Government Procurement to do so. The Deputy will appreciate that I need to await the conclusion of the Authority's work in this area before I am in a position to comment further on this matter.
The Deputy will also be aware that there is ongoing engagement between An Garda Síochána and the Policing Authority in relation to this matter, including in the context of the Authority's recent public meeting with the Garda Commissioner.
More broadly, the Deputy will be aware that I received Government approval last month to establish a Commission on the Future of Policing in Ireland. The Commission is charged to undertake a comprehensive examination of all aspects of policing, including all functions currently carried out by An Garda Síochána. Earlier this month, I was delighted to appoint Ms Kathleen O'Toole, a former Chief Inspector of the Garda Síochána Inspectorate, among other positions, to the position of chair of the Commission. Only last week, I announced the full membership of the Commission and published the final terms of reference for the Commission following approval by Government. The new Commission will provide a critical focus on the accountability of An Garda Síochána and will complement and enhance the valuable and important work that is being spearheaded by the Policing Authority, the Inspectorate and the Garda Síochána Ombudsman Commission.
140. Deputy Patrick O'Donovan asked the Tánaiste and Minister for Justice and Equality the way in which immigration determinations are made; and if she will make a statement on the matter. [24601/17]
View answerThe Irish Naturalisation and Immigration Service of my Department processes around 250,000 applications each year ranging across a wide range of avenues for immigration. The determination of certain types of immigration permissions are set down in national law, such as, the visa regime or applications for naturalisation under the Citizenship Acts, or linked to employment permits granted by my colleague the Minister for Jobs, Enterprise and Innovation. The Immigration Acts set out, as well, the basis on which persons may be refused leave to land in State, while other aspects of the immigration regime are underpinned by EU law, such as, those seeking to exercise EU Free Movement Rights. Cognisance in decision making is also had to Irish and International jurisprudence.
Applications for International Protection and the related permission to be in the State are governed by the International Protection Act, 2015 which gives effect to International Protection law in relation to asylum and to EU laws in relation to Subsidiary Protection.
Other immigration determinations arise through the application of programmes operated by my Department, for example the various opportunities that exist to encourage non-EEA nationals to study in Ireland. Finally, the Deputy may wish to refer to the INIS website which contains significant detail in relation to the various opportunities afforded non-nationals to enter and remain in the State.
141. Deputy Tom Neville asked the Tánaiste and Minister for Justice and Equality the number of kilometres a Garda car would need to have reached for it to be declared no longer roadworthy; and if she will make a statement on the matter. [24688/17]
View answerAs the Deputy will be aware the provision and allocation of Garda transport is a matter for the Garda Commissioner in the context of identified operational circumstances and the availability of resources and I, as Minister, have no direct role in the matter.
I am, however, advised by the Garda authorities that Garda vehicles are normally retired for a variety of reasons including, for example, as a result of accidents, where they are considered beyond economic repair or when they reach 300,000 kilometres or 10 years of age, whichever is earlier.
In addition, I understand that it is operational policy in An Garda Síochána that Garda vehicles will be withdrawn from service where the manufacturer has recommended such withdrawal for safety reasons.
Garda vehicles that have been withdrawn from service having reached 300,000 kilometres are disposed of through an authorised recycling centre.
142. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she anticipates to be in a position to increase the strength of An Garda Síochána at all ranks over the next four years; and if she will make a statement on the matter. [24689/17]
View answerThis Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
This plan is well on course to be achieved. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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 - a net increase of 700 in the total Garda strength since recruitment recommenced. As the strength of the sworn members increase to 15,000 the number of posts in the supervisory ranks of sergeant and inspector will increase on a pro rata basis within established parameters.
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 every Garda Division, in the coming years. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner earlier this month with a closing date of 1 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.
143. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the policing methods of An Garda Síochána are synchronised with those in other jurisdictions, with particular reference to rapid deployment, the availability of technology and visibility; and if she will make a statement on the matter. [24690/17]
View answer148. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the deployment of An Garda Síochána in this country compares with best practice throughout Europe, if particular improvements are obviously required to enhance the efficiency and efficacy of the force; and if she will make a statement on the matter. [24695/17]
View answerI propose to take Questions Nos. 143 and 148 together.
I wish to assure the Deputy that when developing policy or legislation proposals on policing matters my Department would always have regard to international models. However, owing to a number of unique factors pertaining to the Garda Síochána, including the fact that it is a single national police force which provides a security and intelligence service as well as a policing service, international policing models may require tailoring to our circumstances.
Section 117(1) of the Garda Síochána Act 2005 specifically requires the Garda Síochána Inspectorate to benchmark their recommendations by reference to the best standards of comparable police services. Arising from this requirement, every inspection conducted by the Garda Inspectorate, and any recommendation arising, has involved examining policing practices in other jurisdictions.
The Deputy will no doubt be aware that the recommendations of the Inspectorate's 2015 Report, 'Changing Policing in Ireland', form the basis of the Government's Five Year Reform and High-level Workforce Plan for An Garda Síochána which was agreed in July 2016. The Commissioner’s Modernisation and Renewal Programme 2016-2021 is the vehicle for implementation of the some 240 recommendations (including sub-recommendations) of the Inspectorate report aimed at An Garda Síochána. Independent oversight of implementation is being provided by the Policing Authority which is reporting progress to me on a quarterly basis. I recently received the second progress report from the Authority. I am currently considering the report and expect to publish it very shortly. The Deputy may be aware that the first progress report, which I received in January, is already published on my Department's website. I am committed to publishing all future reports.
An Garda Síochána maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity. Such international liaison has led to many parallel investigations with international law enforcement agencies. The Commissioner's policing plan for 2017 commits to building on An Garda Síochána's successful record of co-operation with international security services.
The Deputy will be aware of the significant resources that have been made available to the Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding has been provided for Garda ICT projects, including a roster management system to improve deployment of resources. A further €46 million has been earmarked to provide the Force with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles to enhance the mobility, visibility and responsiveness of the Garda in both urban and rural communities in their work in preventing and tackling crime. 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.
In accordance with section 26 of the Garda Síochána Act 2005, the Garda Commissioner is responsible for the direction and control of the Garda Síochána. In exercising this function, I understand that the Garda Commissioner has ensured that relevant policing developments in other jurisdictions, are reviewed on an on-going basis so that international best practice can be identified and, where appropriate, applied throughout the Garda Síochána.
144. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which she expects to be in a position to deploy extra gardaí to various stations throughout the country, including in County Kildare, and with particular reference to areas with an obvious need for extra policing; and if she will make a statement on the matter. [24691/17]
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 am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Commissioner that, as of the 31 March 2017, there were 323 Garda together with 22 Garda Reserves and 30 civilians attached to the Kildare 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, the Garda National Economic Crime Bureau 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.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 50 of whom have been assigned to the Kildare 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 - a net increase of 700 in the total Garda strength since recruitment recommenced.
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 every Garda Division, including the Kildare Division in the coming years. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner earlier this month with a closing date of 1 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.
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.
145. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the Garda will benefit from the new forensic science laboratory at Celbridge, with particular reference to shortening delays in dealing with samples and the availability of the most modern technology; and if she will make a statement on the matter. [24692/17]
View answerForensic Science Ireland (FSI) review forensic processes on an ongoing basis to accommodate new technologies, ensure compliance with best international practice and to improve efficiencies of service delivery. Progress in this regard is now being constrained in the current facilities at Garda HQ. Hence, my decision to accelerate the start date for the facility at Backweston, Celbridge.
Completion of the new facility will give FSI the additional space and environmental conditions required to house the rapidly changing DNA technologies and allow for the necessary expansion of the National DNA Database. As the Deputy will be aware, the DNA Database is being used to great effect. To date, the number of person samples added since the establishment of the Database is over 11,000 and approximately 532 investigative links between people and unsolved crimes have been uncovered. I also wish to inform the Deputy that the FSI's 2016 annual report records that 23 out of every 100 crime scene samples uploaded onto the Database will be linked to a person. The crime solving capacity of the Database is expected to grow as the Database grows in size.
The new facility will also give the flexibility required to add additional work streams to increase productivity and shorten time frames for delivery of cases and the ability to engage in research and development to expand the range of services.
It should also be noted that the Backweston site will facilitate the merger of FSI with the Garda Technical Bureau, which is part of the current reform programme within An Garda Síochána. This will provide for a consistent processing of crime samples by one body and lead to a more efficient and effective forensic service.
146. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality further to the policing experience of An Garda Síochána over the past number of years, including injury and loss of life, if steps will be taken to ensure that in their dealings with all manner of crime, including organised criminality, gardaí have access to the best protection, in terms of apparel and technology; and if she will make a statement on the matter. [24693/17]
View answerAs the Deputy will be aware, the detailed allocation of Garda resources, including equipment, is a matter for the Garda Commissioner to be decided on the basis of identified operational needs and, as Minister, I have no role in relation to this matter.
However, this Government is committed to fully resourcing An Garda Síochána to ensure a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to effectively combat crime in all of its forms. 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.
This plan is progressing apace. I am informed by the Commissioner that, since the reopening of the Garda College in September 2014, just under 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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 - a net increase of 700 in the total Garda strength since recruitment recommenced.
An Garda Síochána takes all necessary steps to ensure that members are provided with appropriate protective equipment, including anti-stab/ballistic vests. In particular, the armed units have access to a range of range of firearms, including less lethal options, special protective uniform clothing such as bullet proof vests, helmets and dedicated specifically marked vehicles which have secure storage for firearms.
In addition, the Government is making a significant investment of some €46 million in the Garda Fleet under the Capital Plan 2016 - 2021. The Deputy will be interested to note that some 597 vehicles in total (including second hand for surveillance) have been allocated to the fleet in 2016 to ensure that the Gardaí are mobile, visible and responsive on the roads and in the community to prevent and tackle crime. In addition, some 200 vehicles were purchased for allocation and use in 2017 including high-powered vehicles, marked and unmarked patrol cars, and motorcycles for high-visibility road policing to support important anti-crime strategies such as Operation Thor. This will be supplemented by funding of some €4 million which is available for new vehicles in 2017.
Furthermore, some €330 million, including €205 million under the Capital Plan, is also being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.
147. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána continues to be upgraded and supported to combat acts of terrorism; and if she will make a statement on the matter. [24694/17]
View answerThe House should be aware that the primary security threat in the State is that posed by the so-called 'dissident' republican paramilitary groups who continue to oppose peace on this island. Combatting these groups remains a priority for the Government and the Garda Authorities. The Gardaí continue to take actions to disrupt these groups and their activities, and they have had many successes in this regard. The Gardaí will continue to work closely with their police and security counterparts in Northern Ireland in tackling this threat.
Attacks such as last night’s bomb in Manchester are a reminder that no state can be considered immune from the threat from international terrorism. There has been no change to the threat assessment for Ireland. The threat assessment is that while an attack is possible, it is unlikely. The level of threat is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international climate.
The Garda Authorities will continue to take all necessary security measures proportionate to security threats and all the relevant agencies here co-operate closely in respect of any threats identified. Of their very nature, it would be unwise to disclose publicly the detail of security measures. Where needed, the considerable skills and resources of the Defence Forces are available in support.
An Garda Síochána has 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. The additional funding of €55m I secured for the Garda Vote last year included dedicated additional resources for countering the threat from international terrorism. As the Deputy will know, an additional dedicated Armed Response Unit for the Dublin area was established last year.
An Garda Síochána carries out dedicated, counter-terrorism exercises on a routine basis and works with the Defence Forces and other agencies and services in this regard.
The Garda Authorities continue to work closely with their EU and other international counterparts in responding to the shared threat of international terrorism, and information and intelligence-sharing is essential in this regard. In this regard, I am committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources. A very significant programme of work is being brought forward in this regard, supported by dedicated funding. This work includes connection to the EU Schengen Information System, IT mechanisms for exchanging criminal fingerprint and DNA data and in developing systems for processing travel-related data to support border security.
149. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the likely extent of reorganisation of An Garda Síochána in the aftermath of various inquiries, with a view to restoring confidence and support for the force; and if she will make a statement on the matter. [24696/17]
View answerThe Deputy will be aware that there is an extensive programme of reform underway arising from reports into An Garda Síochána, some arising from inquiries into allegations of misconduct, others from reviews into aspects of the operation and administration of the organisation. While these have made, and continue to make, an invaluable contribution to ensuring that we have an effective police service, they were not tasked with examining policing in a “root and branch” manner. In addition institutional arrangements for governance and oversight have evolved significantly in recent years in a piecemeal fashion.
An Garda Síochána is approaching its 100th anniversary. Its members have served with dedication and courage over the decades with some, sadly, having made the ultimate sacrifice, but Ireland is a very different country today than it was at its foundation. It is facing challenges rooted in the rapidly changing nature of society and of crime.
In these circumstances, it is right that we take a step back to ask some fundamental questions about how our State should be policed in the future, what structures are appropriate - is a single police and security service still the best model, to whom should it be accountable, what sort of culture should it embody? I believe the decision taken by Government to establish an independent Commission on the Future of Policing in Ireland, to be chaired by Ms Kathleen O'Toole will prove to be a very important one capable of leaving a valuable legacy. The terms of reference and membership of the Commission were confirmed by Government last week. I know that Ms O'Toole wishes the work of the Commission to get underway without delay and I welcome her decision to hold its first meeting tomorrow 24 May.
An important consideration in establishing the Commission was that it would not impede the existing reform programme. The Commission is to report by September 2018 and much can be done in the meantime to modernise the administration and operation of An Garda Síochána. I am determined that there will be no let-up in the reform drive. The work of the oversight bodies must continue and the Government's support for An Garda Síochána by providing the necessary resources for recruitment and investment must continue.
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, and in advance of its final report. This will allow the reform programme to be adjusted as necessary to ensure that it will deliver a police service fit for modern times.
150. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which An Garda Síochána has access as required to Interpol and Europol; and if she will make a statement on the matter. [24697/17]
View answerAn Garda Síochána is an active member of both Interpol and Europol and, as such, has access to the resources of both organisations in a similar manner as other member countries.
Ireland currently has three permanent officers allocated to Europol Headquarters in The Hague, Netherlands including one (1) officer from the Revenue Commissioners and two (2) Detective Sergeants from An Garda Síochána. A designated Europol National Unit (ENU) is also maintained in Garda Headquarters, under the direction of Assistant Commissioner, Security & Intelligence. The ENU serves as the liaison body between the authorities in Ireland and Europol.
Interpol is the world’s largest police organisation, with over 190 member countries worldwide. Ireland has been a member of Interpol since 1947, with the National Central Bureau (NCB) based in Garda Headquarters, again under the direction of Assistant Commissioner Security & Intelligence.
Ireland has the same access rights as other countries to Interpol channels, databases and other investigative tools.
151. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which evaluation has taken place of the utilisation of free criminal legal aid by professional criminals to advance their cause; and if she will make a statement on the matter. [24698/17]
View answerAs the Deputy will be aware, the Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. An accused person is entitled to be informed by the court in which he or she is appearing of his or her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of his or her defence or appeal. The courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. Furthermore, the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. There is no lawful basis for taking into account an applicant's previous convictions in determining whether or not a person qualifies for criminal legal aid. I have no function in these matters which are determined by the judiciary.
Work on the preparation of a draft General Scheme of a Criminal Justice (Legal Aid) Bill is at an advanced stage in my Department. The key purpose of the legislation is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions for abuse of the system. It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as soon as practicable.
