Written Answers Nos. 51-59
51. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if the prosecution of those soliciting or procuring sexual services, in accordance with Part 4 of the Criminal Law (Sexual Offices) Act 2017, is under way; the way in which An Garda Síochána is planning to enforce the Act; and if there are statistics available in relation to enforcement since implementation. [24395/17]
View answerThe Criminal Law (Sexual Offences) Act 2017 was enacted on the 22nd of February, 2017. Most of the Act was then commenced on the 27th of March, 2017 including the provisions contained in Part 4 of the Act. As it has only been eight weeks since the commencement of Part 4, statistics for offences committed under this part are not yet available.
Part 4 of the Act provides for two new offences of purchasing sexual services, in the context of prostitution. The purpose of these offences is to target the demand for prostitution.
The first is a general offence of paying to engage in sexual activity with a prostitute which carries a penalty of a fine of up to €500 for a first offence and fines of up to €1000 for a second or subsequent offence. The second is the more serious offence of paying for sexual activity with a trafficked person, in the context of prostitution, and carries a potential penalty of up to 5 years’ imprisonment and/or a fine.
In both cases, the person selling or, in the case of a trafficked or exploited person being forced to sell, the sexual service will not commit an offence. In doing so, the Act recognises the exploitation experienced by those involved in prostitution and decriminalises them.
The purpose of the legislation is also to target the trafficking and exploitation of persons through prostitution. Both the Council of Europe and the European Parliament have recognised the effectiveness of the criminalisation of the purchase of sexual services, as a tool in the fight against human trafficking. Evidence from Sweden and Norway where the law has been changed indicate that both countries have become a less attractive destination for prostitution based trafficking. Following an extensive public consultation on the future direction of prostitution law, the Joint Oireachtas Committee on Justice, Equality and Defence also called for the criminalisation of the purchase of sexual services in its report on the Review of Legislation on Prostitution.
Aside from those trafficked, there is also evidence of the wider exploitation of persons involved in prostitution, such as those pimped by drug dealers or coerced or otherwise forced to engage in the activity. It is considered reasonable that action is taken to reduce the demand for a service that leads to trafficking and other forms of forced prostitution. That is what the new law does.
The purpose of these proposals is to send a clear message that addressing the exploitation associated with prostitution justifies adopting an approach which targets the demand for these services.
That said, and given the purpose of the provisions which I have outlined, I agree with those who said the impact of the provisions should be subject to review. Section 27 of Part 4 prescribes a review by the Minister of the implementation of that Part after a period of three years and the provision of a report to the Oireachtas. That report shall include information on the number of arrests during that period in respect of the new offences as well as an assessment of the impact of the offences on those who provide sexual services for payment.
I believe that three years is the minimum period in which systems and practices can be effectively bedded down and operated so that reliable conclusions can be drawn from the information gathered for the review.
I would envisage that any review would involve engaging with all relevant stakeholders in determining the impact and effect of this new offence, including An Garda Síochána, support services and all interested persons.
It is also worth noting that the review of the impact of the prohibition of paying for sexual services contained in the Northern Ireland Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act 2015 is due to be reported to the NI Assembly in 2018.
Finally, I should add that An Garda Síochána's Policing Plan for 2017 places a key emphasis on work to reduce sexual violence and trafficking with a targeted focus on increased reporting and detection of sexual offences as well as an increased number of trafficking victims identified.
52. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality if she will request an update from An Garda Síochána regarding the current number of personnel serving Edgeworthstown Garda station, in view of the deficit in staff due to long-term sick leave which is not being represented in official figures for the station and which is causing a dangerous situation due to lack of policing and an increase in crime in the area; and if she will make a statement on the matter. [23966/17]
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. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves
I am very much aware of the damage done to rural communities by crime. The Deputy will be aware that Operation Thor has been put in place to tackle burglary and related crimes, in both rural and urban areas. It is encouraging to note that since the launch of the Operation, the burglary figures in particular have shown a significant downward trend. Indeed, the CSO official recorded crime statistics for Q4 of 2016, show a 30% decrease in burglary for the twelve months of 2016 when compared to the same period in 2015 - which parallels the implementation of Operation Thor and is reflected in the crime statistics for Edgeworthstown Station which show a 56% decrease in burglaries and related offences in 2016 when compare to 2014.
As the Deputy will appreciate, it is the Garda Commissioner who 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. 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 this ensures local Garda management has the flexibility to deploy Garda resources to meet operational needs and address critical issues as they arise taking account of, amongst other factors, the personnel situation of each District in the Division.
The area mentioned by the Deputy forms part of the Roscommon/Longford Division. I have been informed that the number of Gardaí assigned to the Division on the 31 March 2017, the latest date for which figures are readily available, was 302 with 10 Garda Reserves and 27 Civilians attached to the Division. Of these, 46 members were assigned to Granard District and 11 in Edgeworthstown Station.
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, 5 of whom were assigned to the Roscommon/Longford Division. I am also informed that another 600 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across the organisation, including the Roscommon/Longford Division.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
53. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her views on the provision of an independent ombudsman for members of An Garda Síochána akin to the Ombudsman for the Defence Forces. [24340/17]
View answerAn Garda Síochána has a Dignity at Work policy for Garda members entitled 'Working Together to Create a Positive Working Environment'. It outlines the organisation's policy and procedures for dealing with harassment, sexual harassment and bullying in the workplace. The main objective of the policy is to achieve a safe and harmonious working environment that encourages and supports the right to dignity at work. Civilians working in An Garda Síochána are subject to the Civil Service Dignity at Work policy.
I am advised by the Garda Commissioner that a new Bullying and Harassment Strategy is being developed as part of the Modernisation and Renewal Programme 2016-2021. The policy is being developed to ensure that any Garda members and staff experiencing bullying and/or harassment at work will receive the best possible organisational support in dealing with such issues. Garda management have informed my Department that the development of this strategy is progressing and is due to be presented to the Garda Associations and Unions.
The provision of an external third party has proved to be beneficial in resolving these types of complaints on an ad-hoc basis within An Garda Síochána and there would be merit in building external input into the system under development as a final resort for complainants alleging that they have been the victim of bullying or harassment. The Defence Forces Ombudsman is one model. It is a statutory body and legislation would most likely be required to replicate this system for An Garda Síochána. There are other models including the establishment of a panel of experts. In addition, of course it is the case at present that where an allegation of bullying or harassment would amount to a breach of discipline or a criminal office, a member may make a complaint to the Garda Síochána Ombudsman Commission.
I have an open mind as to which model is most appropriate for An Garda Síochána provided that whatever changes are made to the current arrangements deliver a system that has the confidence of all concerned.
54. Deputy Lisa Chambers asked the Tánaiste and Minister for Justice and Equality the action being taken to increase Garda Reserve numbers in County Mayo; and if she will make a statement on the matter. [24346/17]
View answerI am pleased to say that the Garda Commissioner launched a new recruitment drive for Garda Reserves on 23 March last. It closed on 13 April. It received a strong response with over 2,500 people applying to become Reserves and give something back to their communities on a voluntary basis.
This is part of the Government's commitment to ensuring a strong and visible police presence throughout the country to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. As the Deputy will be aware 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 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 this year.
It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013 to 658 currently. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly some 200 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána. I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years. With the plan to reach 15,000 Garda members well on track it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves. That is now in train and will, allowing for the selection process and necessary training of successful candidates, facilitate a start to be made on strengthening of the Reserve across every Garda Division, including the Mayo Division in the coming years.
Reserve members have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and it is important that as we expand the Reserve we build on their contribution to the policing of communities right across the country and ensure that they are used to optimum effect. In this regard, I am informed that An Garda Síochána is undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve including whether additional powers should be conferred on Reserve members.
55. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality if she will consider introducing or amending legislation to make it a requirement that all quads are registered at purchase to a person over 16 years of age with an appropriate licence; if she will examine other legislative options that would make it more difficult to have these quads released having been seized by An Garda Síochána; and if she will make a statement on the matter. [24377/17]
View answerI, of course, share the Deputy's concerns in relation to the public safety and anti-social issues associated with the misuse of such vehicles. It is a very serious issue. The Deputy will be aware that the use of mechanically propelled vehicles, including quad bikes and scramblers, in a public place is subject to the relevant requirements of road traffic legislation. I am advised by the Garda authorities that these vehicles, when used in a public place, must comply with the Road Traffic Acts, including in relation to motor tax, insurance and possession of a valid driver licence or learner permit. Under the Road Traffic Acts, any member of An Garda Síochána is allowed to stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, Gardaí may inspect the vehicle for compliance with vehicle standards legislation, which makes it an offence to drive without reasonable consideration, drive carelessly, or drive dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation.
I am further informed that the use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by the local authorities under the Parks and Open Spaces Bye-Laws 2011.
Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that the use of quad bikes and scramblers by minors and youths in public parks has proven difficult to deal with from an enforcement perspective. Garda members are instructed not to pursue youths on quad bikes, scramblers, etc. owing to the inherent safety risk in pursuing these vehicles. If such pursuits were to take place, there would be a high risk of these ending in collisions at speed resulting in serious injury or death, so the opportunity to actually bring these vehicles to a stop is rare.
The Garda authorities have advised that the issue is one which is best addressed through a multi-agency approach. In this regard, Gardaí are working with local authorities, including park authorities, to examine other solutions, such as engineering solutions. Enhanced fencing and bike gates are examples of engineering measures taken to restrict access to parks.
The Deputy might be interested to note that An Garda Síochána's Community Policing Unit and Juvenile Liaison Officers deliver awareness programmes in an effort to discourage parents from purchasing quad bikes and scramblers for children.
I am advised that the registration of mechanically propelled vehicles is a matter for the Office of the Revenue Commissioners and, as such, I have no role in this matter. Similarly, the Deputy will appreciate that road traffic legislation is a matter for my colleague the Minister for Transport, Tourism and Sport. However, to be of assistance to the Deputy, I have brought his question to the attention of both the Office of the Revenue Commissioners and the Minister for Transport, Tourism and Sport and requested that they respond directly to you.
56. Deputy John Lahart asked the Tánaiste and Minister for Justice and Equality the increase in Garda numbers the Dublin region can expect in 2017; and if she will make a statement on the matter. [24349/17]
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.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Regions and Divisions and I, as Minister, have no direct role in the matter. 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 Garda Commissioner that the overall Garda strength of the Dublin Metropolitan Region (DMR) Region, on 31 March 2017, the latest date for which figures are readily available, was 3,444. When appropriate, the work of the Division is supported by a number of Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
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, 471 of whom have been assigned to the DMR Region. 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 Region, including the DMR Region 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 see an increase in Garda visibility in our communities.
57. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the status of the provision of the new regional Garda headquarters in Sligo; and if she will make a statement on the matter. [24343/17]
View answerAs the Deputy will be aware, the Office of Public Works has primary responsibility for the provision and maintenance of Garda accommodation and works closely with the Garda authorities in this regard. As Minister, I have no direct role in these matters.
The Deputy will recall that the Garda Building and Refurbishment Programme 2016-2021 includes the development of a new Garda Headquarters at Sligo and I am advised by the Garda authorities that the Office of Public Works is making arrangements for the acquisition of a suitable site for the proposed development.
In this context, I understand that, following the placement of a local advertisement in January 2017, a number of suitable sites for the development have been identified by the Office of Public Works following consultation with An Garda Síochána.
Pending the development of the new station, local Garda management and the Office of Public Works have been actively engaged in developing proposals to improve the accommodation situation in the existing station, including relocating certain functions outside the station. In particular, An Garda Síochána and the Office of Public Works have been working closely to reconfigure the existing station to meet the needs of front line operational personnel and address space or health and safety concerns.
I also understand that short-term measures have been taken to address and improve the accommodation situation at the station; for example, works to fully refurbish the toilets above the public office were completed in late July 2016 and a new industrial standard kitchen facility has been installed.
58. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality the progress which has been made to date on the commitment in the programme for Government to support investment in closed-circuit television, CCTV, at key locations along the road network and in urban centres; and if she will make a statement on the matter. [24396/17]
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.
59. Deputy Anne Rabbitte asked the Tánaiste and Minister for Justice and Equality when the Loughrea Garda district division can expect a new full-time superintendent; and if she will make a statement on the matter. [24397/17]
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 the 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 Garda 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 or her Division.
Loughrea Garda District forms part of the Galway Division. I am informed by the Commissioner that the Garda strength of the Galway Division on the 31 March 2017, the latest date for which figures are readily available, was 568 and the strength of Loughrea District was 80 which includes 12 Sergeants, 1 Inspector and 1 Superintendent. There are also 34 Garda Reserves and 46 civilians attached to the 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.
The Deputy will be aware the Policing Authority assumed responsibility for appointments to the senior ranks of Superintendent, Chief Superintendent and Assistant Garda Commissioner with the commencement of the remaining provisions of the Garda Síochána (Policing Services and Miscellaneous Provisions) Act 2015 and related Regulations on 1 January 2017.
As matters stand I am advised by the Commissioner that there are currently two vacancies for Superintendents within the agreed strength of 166 under the Employment Control Framework (ECF). The Authority currently has a selection competition in train for the purpose of making appointments to the rank of Superintendent and it will be a matter for the Commissioner to decide on the assignment of successful candidates from this competition to fill existing vacancies within the ceiling fixed by the ECF.
