Ruth Coppinger
Question:60. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality her views on establishing a criminal offence of domestic violence; and if she will make a statement on the matter. [24390/17]
View answerDomestic Violence Policy
Questions (60)
Written answers
Consideration was given to establishing a criminal offence of domestic violence in the context of drafting the Domestic Violence Bill. Domestic violence has a wide currency and covers a broad spectrum of behaviours ranging from pushing, physical assaults and non-physical abuse. In the arena of domestic violence, "violence" has been given a wider meaning and includes psychological abuse, intimidation, harassment, mental cruelty and sexual abuse. Domestic violence can occur in heterosexual , same sex and transgender relationships. It can involve violence against children. It is clear that this pernicious evil is a complex issue.
My Department consulted with the relevant criminal justice agencies on making domestic violence a criminal offence in the Domestic Violence Bill. The view expressed was that there is in general no gap in the range of offences that can be prosecuted in domestic violence cases. A number of existing offences, primarily under the Non-Fatal Offences Act 1997, capture a range of behaviours associated with domestic violence. Violence in a domestic setting is clearly a criminal act and is captured through offences such as assault. Offences extend to non-physical violence where there is a threat of imminent violence. Non-violent abuse is also captured by the harassment provisions of the Act of 1997. Sexual offences including sexual assault and rape are also relevant in domestic violence situations. Currently in criminal cases involving domestic violence that appear before the courts, the Court has discretion to give appropriate weight to the domestic context of the offence.
It is my intention to strengthen the offence of harassment under Section 10 of the Non-Fatal Offences Against the Person Act 1997 to include online activity and create a new offence of stalking. In addition new offences will be created which will apply to digital communications to deal with so-called revenge pornography incidents. These offences will apply where the victim and perpetrator are cohabiting and in other intimate partner contexts. Drafting of a General Scheme of a Bill for this is underway in my Department.
Cyber Security Policy
Questions (61)
Jim O'Callaghan
Question:61. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the role her Department and the agencies under its remit play in cyber security; and if she will make a statement on the matter. [24338/17]
View answerWritten answers
The national response to cyber security is led by the Department of Communications, Climate Action and Environment under the stewardship of my colleague Minister Naughten.
That Department published the first National Cyber Security Strategy in 2015.
The Strategy sets out the Government's vision for a secure and reliable cyberspace and includes many actions which seek to address cyber threats and protect against them.
Under the Strategy, my Department and An Garda Síochána are identified as key partners in the implementation of a number of core measures, particularly those relating to cybercrime and national security and policing.
As outlined in the Strategy, my Department is bringing forward legislative measures supporting cybercrime investigation.
In this regard, key legislation implementing the EU Directive on attacks on information systems was passed by the Houses last week. The legislation provides significant new powers to facilitate the investigation and prosecution of unlawful activities relating to information systems and their data. It also establishes strong and dissuasive penalties for commission of the offences it contains. The legislation also gives effect to many of the key provisions of the Council of Europe Convention on Cybercrime known as the "Budapest Convention".
With regard to the protection of critical infrastructure, my Department sits on the Government Task Force on Emergency Planning which oversees the National Emergency Management System.
Of course, the role of An Garda Síochána in the provision of policing and security services is also highlighted in the Strategy.
An Garda Síochána has established links with the National Cyber Security Centre established in the Department of Communications, Climate Action and Environment. The Centre encompasses the State’s national Computer Security Incident Response Team.
International Terrorism
Questions (62)
Jim O'Callaghan
Question:62. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of additional initiatives being taken in the wake of the various international terror attacks over the past 18 months; and if she will make a statement on the matter. [24337/17]
View answerWritten answers
As an open and democratic society in the European Union, Ireland cannot consider itself immune from the current international terrorist threat. The assessment of the threat is that while an attack on Ireland is possible, it is not considered likely. Nor is there at present any specific information that an attack on Ireland is planned. The level of threat from this source is kept under constant review by An Garda Síochána, particularly in the light of ongoing developments and the current international situation. There is a small number of persons here whose activities in support of extremism give rise to concern and they will continue to be monitored closely by the Garda authorities and all appropriate measures will be taken in this regard.
The Garda Authorities will continue to take all necessary security measures proportionate to the level of terrorist threat and all the relevant agencies here co-operate closely in respect of any threats identified. The Deputy will understand, of course, that the detail of such security measures should not be disclosed publicly.
What I can say is that An Garda Síochána has developed considerable operational capacities in countering terrorism and in responding to critical incidents. There is, in particular, a highly trained and well-equipped special intervention capability in the Emergency Response Unit that is supported by the regional Armed Support Units and the range of other resources across the Garda organisation. The additional funding 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 counter-terrorism exercises on a routine basis and, indeed, in deploying operational responses to critical incidents, they are routinely exercising the resources, skills and procedures that would be used in a terrorist attack. In addition, the considerable skills and resources of the Defence Forces are also available in support where needed.
The Garda Authorities continue to work closely with their EU and other international counterparts in responding to the shared threat of international terrorism. The Government is committed to providing An Garda Síochána with the necessary resources to enhance their connectivity to a range of EU and other international resources and a significant programme of work is ongoing in this regard supported by dedicated funding. This includes connecting to the Schengen Information System, developing the processing of travel-related data and mechanisms for the exchange of criminal fingerprint and DNA data.
A series of further measures is rolled out at EU-level out to build on the current EU framework for information-sharing, combatting terrorism and controlling illegal firearms, and Ireland is fully engaged in participating in these developments.
Commissions of Investigation
Questions (63)
Clare Daly
Question:63. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the follow-up action she proposes to take arising from the findings of the Fennelly report which demonstrated evidence of improper conduct by members of An Garda Síochána regarding the terms of reference and the investigation into the death of a person (details supplied); and if she will make a statement on the matter. [24269/17]
View answerWritten answers
The final Report of the Fennelly Commission of Investigation was published on 6 April 2017. Part 12 of the Report concerns the terms of reference (1) m which required the Commission " to identify and review all recordings in the possession of An Garda Síochána emanating from the Garda telephone recording system at Bandon Garda Station or otherwise, which relate to the Garda investigation into the death of Sophie Toscan du Plantier and to establish whether those recorded phone calls, and any other acts or events in the course of the said Garda investigation, disclose any evidence of unlawful or improper conduct by members of An Garda Síochána in connection with that investigation".
The Commission found that calls relating to the Du Plantier murder investigation were recorded in Bandon Station and the majority of these recording were destroyed in a flood in the Station in 2009. Some of the recordings relating to private conversations between members of the Garda Síochána were judged to contain material which was damaging to the Garda Síochána. The Commission found evidence of improper conduct by members of the Garda Síochána, some of whom are now deceased. There was inappropriate disclosure of information to a member who was not directly involved in handling an investigation and evidence of mishandling of an assault involving the husband of a witness. While there was evidence that a member contemplated modifying or falsifying evidence, no such acts were in fact carried out. The Commission also concluded that the recordings did not disclose any evidence of the provision of drugs or money to a witness.
Having regard to the Commission's findings in relation to this matter, I have referred the Part 12 of the Fennelly Report to GSOC under Section 102(7) of the Garda Síochána Act (as amended) for consideration as to whether GSOC wishes to investigate this matter further.
More generally, I have referred the final report from the Fennelly Commission to the Policing Authority under section 62O(6) of the Garda Síochána Act 2005, and requested the Authority to oversee the implementation by the Garda Síochána of the recommendations contained in the report and to report to me with progress on a quarterly basis.
Refugee Data
Questions (64)
Jonathan O'Brien
Question:64. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the criteria used by her officials to determine whether a person is lesbian, gay, bisexual, transgender or questioning when the person is applying for asylum in circumstances in which that is a factor in the person's application. [23555/17]
View answerWritten answers
As I previously set out in my response to the Deputy's written Question No. 108 on 9 May 2017, Section 8 of the International Protection Act 2015, as commenced on 31 December, 2016, sets out the applicable reasons for persecution when considering an application for international protection on the grounds referred to by the Deputy. Applications are processed by the International Protection Office (IPO). The Chief International Protection Officer and the International Protection Officers of the Office are independent by law in the exercise of their international protection functions. They are also bound by confidentiality provisions in respect of applicants as set out in the 2015 Act.
All applicants for international protection are carefully interviewed and their cases are individually assessed by experienced caseworkers. The circumstances of each individual case is assessed having regard to both the subjective elements (the applicant's own account or personal history) and objective elements (up-to-date information on the applicant's country or place of origin). Supporting documentation submitted by applicants is also taken into account. Country of Origin information is obtained from a variety of legitimate sources such as the United Nations High Commissioner for Refugees (UNHCR), Amnesty International and other NGOs, the European Asylum Support Office (EASO), the US State Department and the Canadian Immigration and Refugee Board.
Applicants for international protection can appeal the recommendation of the IPO to the International Protection Appeals Tribunal (IPAT) and may also seek remedies through the Courts. The procedures for appeal are set out in Part 6 and Part 10 of the International Protection Act 2015 as well as in the International Protection Act 2015 (Procedures and Periods for Appeals) Regulations 2017.
Dublin-Monaghan Bombings
Questions (65)
Maureen O'Sullivan
Question:65. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality if she will consider funding for counselling for victims of the Dublin and Monaghan bombings for a number of sessions and as referred by a general practitioner. [23965/17]
View answerWritten answers
I wish to confirm that following inquiries in my Department and enquires with an organisation supporting such victims, there are no outstanding claims for such payments in my Department.
In addressing the legacy of the troubles for victims, the Government established the Remembrance Commission. Over the Commission's lifetime from 2003 to 2008, €3.87 million was made available to individual victims of the conflict in Northern Ireland resident in this jurisdiction to acknowledge their suffering, to address economic hardship and certain medical expenses.
The Justice for the Forgotten group which supports victims of the Dublin and Monaghan bombings received significant funding over the years in this regard.
Part of this funding was used for counselling services. When that funding scheme ended, the then Minister gave an undertaking that funding for certain ongoing medical needs of people who sustained injuries in the bombings would continue to be paid and funding for this purpose continues to be provided through the Victims of Crime Office in my Department.
It was clear that those payments from my Department would not include funding for counselling services and that remains the situation at present.
I can also advise the Deputy that the Justice for the Forgotten group has received funding in each of the years 2014 to 2016 inclusive, from the Department of Foreign Affairs and Trade, under the Reconciliation Fund administered by that Department and that applications for funding from the 2017 tranche of the Fund are at an advanced stage of review.
Garda Deployment
Questions (66)
Brendan Smith
Question:66. Deputy Brendan Smith asked the Tánaiste and Minister for Justice and Equality if additional resources will be provided for the Cavan-Monaghan Garda division in 2017 in view of the reduction in Garda personnel over the past number of years; and if she will make a statement on the matter. [23967/17]
View answerWritten answers
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 Units 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 Garda strength of the Cavan / Monaghan Division, on 31 March 2017, the latest date for which figures are readily available, was 321. There are also 13 Garda Reserves and 37 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.
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 to 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 progressing a pace. 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 almost 1,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 21 of whom have been assigned to the Cavan / Monaghan 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, including the Cavan / Monaghan Division in the coming years.
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.
Garda Procedures
Questions (67)
Jonathan O'Brien
Question:67. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the action she has taken regarding the errors in Garda breath testing and reports provided on same. [23557/17]
View answerWritten answers
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 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 the 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.
Garda Deployment
Questions (68)
Bernard Durkan
Question:68. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which Garda numbers have increased over the past two years; the extent to which this increase manifests itself in deployment to local stations throughout the country and in County Kildare; the extent to which policing methods are likely to change in line with the need for rapid deployment, increased visibility and the use of modern transport and technology in the fight against crime, including organised crime; and if she will make a statement on the matter. [24341/17]
View answerWritten answers
As 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 (NBCI), 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.
This plan is well on course to be achieved. The total Garda strength at the end of 2015 and 2016 was 12,816 and 12,943 respectively, the Garda Strength at the end of March 2017 was 13,039. 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 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.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme. I have requested a breakdown of the assignment of newly attested Gardaí to these Stations from the Commissioner and I will write to the Deputy when this information is to hand.
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.
In 2015 the Commissioner established a new national Drugs and Organised Crime Bureau. The Bureau continues to lead out the policing strategy for tackling drugs by demand reduction and supply reduction strategies. In this regard the Bureau continues its policy of working with Divisional Drug Units nationwide in tackling supply reduction at local level. This work is further supported by other national units, including the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide Multi-disciplinary approaches are also utilised to ensure that those involved in illicit activity are effectively targeted including through the use of the Proceeds of Crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau. I am informed that this approach adopts good practice in implementing a co-ordinated use of Garda resources and in utilising available criminal law to its fullest extent in tackling all forms of organised crime, including drug trafficking.
The Deputy will be aware that the Garda Síochána Inspectorate, at the request of the Policing Authority, is carrying out a review of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities. In this context, I understand that the Authority has informed the Inspectorate that the review should take account of:
- the changing environments in rural, developing urban and suburban areas;
- the views of local communities;
- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and
- relevant recommendations made in previous Inspectorate reports.
It is clear that a comprehensive review is being envisaged by the Authority, including a consultative process with local communities. I have been advised by the Policing Authority that the view of the Garda Síochána Inspectorate is that the review will take a considerable time to complete and I understand that the review should be completed within the first half of 2018.
My officials will remain in close contact with the Authority in relation to the progress of the review and I am confident that the Authority will, working with the Inspectorate, ensure that the review will be completed as soon as it is feasible to do so.
I look forward to receiving the report from the Authority in due course.
Garda Síochána Ombudsman Commission Reports
Questions (69)
Bríd Smith
Question:69. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality if she will consider a public inquiry into the death of a person (details supplied); and if she will make a statement on the matter. [24335/17]
View answerWritten answers
As I have already explained to the Deputy, this tragic case was considered under the Independent Review Mechanism (IRM) and the recommendation was that I should take no further action. Counsel for the IRM pointed out that the appropriate forum for raising matters related to alleged Garda failings was the Garda Síochána Ombudsman Commission (GSOC) who were already investigating certain matters arising from the tragic death in this case. I should mention that my predecessor as Minister for Justice and Equality had referred aspects of this particular case to GSOC.
As the Deputy is aware, GSOC is an independent statutory body and the manner in which they conduct their investigation is a matter for them. As I stated in reply to a recent Parliamentary Question in relation to this case the GSOC investigation has concluded and the report is being reviewed. We must now await their final determination. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.
When the Taoiseach and I met with the family of the deceased young man, the Taoiseach assured them that when the GSOC investigation is completed and the final report is to hand the question of whether, and if so, what further action can be taken, will be considered. That remains the position.
I am sure the Deputy will appreciate that in the circumstances it would not be appropriate for me to comment further.
Garda Inspectorate Reports
Questions (70)
Thomas Byrne
Question:70. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality when the review of Garda districts as promised under the programme for Government will be published. [24328/17]
View answerWritten answers
The Deputy will be aware that the Garda Síochána Inspectorate, at the request of the Policing Authority, is carrying out a review of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities. In this context, I understand that the Authority has informed the Inspectorate that the review should take account of:
- the changing environments in rural, developing urban and suburban areas;
- the views of local communities;
- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and
- relevant recommendations made in previous Inspectorate reports.
It is clear that a comprehensive review is being envisaged by the Authority, including a consultative process with local communities. I have been advised by the Policing Authority that the view of the Garda Síochána Inspectorate is that the review will take a considerable time to complete and I understand that the review should be completed within the first half of 2018.
My officials will remain in close contact with the Authority in relation to the progress of the review and I am confident that the Authority will, working with the Inspectorate, ensure that the review will be completed as soon as it is feasible to do so.
I look forward to receiving the report from the Authority in due course.
Refugee Resettlement Programme
Questions (71)
Richard Boyd Barrett
Question:71. Deputy Richard Boyd Barrett asked the Tánaiste and Minister for Justice and Equality if refugees who come here as convention applicants will be provided with the same supports that are afforded to programme refugees, specifically in terms of key worker, financial and housing supports; and if she will make a statement on the matter. [24344/17]
View answerWritten answers
As the Deputy may be aware, programme refugees who arrive in the State under the UNHCR-led Resettlement programme have already received a Refugee Status Determination (RSD) by way of the UNHCR assessment process and, as such, they have full refugee status on their arrival in Ireland. In contrast, persons who arrive at the frontiers of the State to make an application for international protection are in the protection process and are yet to have their status determined. Until such time, their permission to remain in the State is linked only to the duration of that determination process.
Programme refugees are a particularly vulnerable cohort and it is appropriate that they receive a range of targeted supports on arrival to aid their recovery, to assist them in adjusting to life in a new country and to prepare them for independent living.
Approximately 1,723 vulnerable persons from 27 different countries, including Iraq and Syria, have been admitted as 'programme refugees' for resettlement purposes under our national resettlement programme since it was established in 2000.
Persons who arrive in the State and make an application for international protection are offered full bed and board in State provided accommodation while their applications are being processed. Supports for those in State provided accommodation include the provision of all meals, no utility charges (gas, electricity, TV, etc), free laundry facilities, crèche facilities in the larger centres, free access to primary and post primary education, additional resources for schools with special needs in the area of English language, full access to the public health service, medical cards, a designated psychological service, Exceptional Needs Payments (made at the discretion of the Community Welfare Service), Back to School clothing and footwear allowance and other Community Welfare Payments. When an applicant for International Protection is successful in their application they are granted refugee status and are entitled to access the same State services, including the right to work, etc, as programme refugees.
Garda Reserve
Questions (72)
Niamh Smyth
Question:72. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality her plans to enhance the role of the Garda Reserve within An Garda Síochána in dealing with Garda shortages; and if she will make a statement on the matter. [24049/17]
View answerWritten answers
As 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.
The Garda Reserve was established in accordance with the Garda Síochána Act 2005 to enhance the links between An Garda Síochána and local communities and consists of voluntary unpaid members, drawn from the community, to support the work of An Garda Síochána. The Reserve perform policing duties as determined by the Garda Commissioner, while accompanied by full time Gardaí. Their role is to provide local patrols and participate in crime prevention initiatives targeted at specific local problem areas. Reserve members are also involved in policing major incidents and events, and in providing other operational support to full time Gardaí. In recent years the Garda Commissioner has conferred further powers on reserve members under the Criminal Justice (Public Order) Act 1994 and the Road Traffic Act 1961 and has also decided that they should carry out more duties including the serving of summonses, and the issuing of Fixed Charge Penalty Notices where offences are detected.
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.
This plan is progressing well. 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 pleased to say that a new recruitment campaign for Garda Reserves which closed on 13 April attracted considerable interest.
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.
Garda Deployment
Questions (73)
Peter Burke
Question:73. Deputy Peter Burke asked the Tánaiste and Minister for Justice and Equality the number of new gardaí allocated to Mullingar Garda station and all Garda stations in counties Longford and Westmeath; her plans for future allocation; and if she will make a statement on the matter. [24378/17]
View answerWritten answers
As 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. I am assured by the Commissioner that the allocation of gardaí is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources. It is the responsibility of the Divisional Officer to allocate personnel within his or her Division.
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.
This plan is on track 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 advised that, since the reopening of the Garda College in September 2014, 22 newly attested recruits have been assigned to the Westmeath Division and 5 have been 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 - 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, 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.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
I have requested a breakdown of the number of newly attested Garda by station assigned to the Westmeath Division and Roscommon/Longford Division since the reopening of the Garda College from the Commissioner. I will write directly to the Deputy when this information is to hand.
The following deferred reply was received under Standing Order 42A I refer to your Parliamentary Question No. 73 for answer on Tuesday, 23 May 2017, the text of which was as follows:-
"To ask the Tánaiste and Minister for Justice and Equality the number of new gardaí allocated to Mullingar Garda station and all Garda stations in counties Longford and Westmeath; her plans for future allocation; and if she will make a statement on the matter."
At the time I responded that I would request the information sought by the Deputy from the Garda Commissioner and I would write to you directly on receipt of the same.
I am advised by the Garda Commissioner who is responsible for the allocation of Garda resources that the number of newly attested Gardaí assigned to the Roscommon/Longford Division and the Westmeath Division since the Garda College reopened in Sept 2014 are as set out in the following table. I hope this information is of assistance.
|
Westmeath Garda Division |
|
|
Athlone Garda Station |
12 |
|
Mullingar Garda Station |
10 |
|
Total: |
22 |
|
Roscommon/Longford Garda Division |
|
|
Longford Garda Station |
5 |
|
Total: |
5 |
Garda Síochána Ombudsman Commission Investigations
Questions (74)
Jonathan O'Brien
Question:74. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a case in which a member of An Garda Síochána filmed the arrest of a vulnerable person with mental health problems in Dublin city centre; if her attention has been drawn to the fact that this footage was subsequently circulated online to the distress of the person's family; if her attention has been further drawn to the fact that this person died in tragic circumstances after this footage was circulated; her views on gardaí using unofficial messaging apps to share information; and if she will make a statement on the matter. [23556/17]
View answerWritten answers
I am aware of the incident referred to in the Deputy's question as well as the tragic events that followed and the concerns which have arisen. I want to extend my sympathies to the family of the person concerned.
I understand that the matter has been referred to the Garda Síochána Ombudsman Commission (GSOC) who are currently investigating the incident.
The Garda Síochána Act 2005 established GSOC to provide independent oversight of alleged misbehaviour by members of the Garda Síochána. The Act stipulates that the Ombudsman Commission is independent in the performance of its functions. Accordingly, it would not be appropriate for me to comment in any way on the incident or the GSOC investigation.
Without commenting on the specifics of the case referred to by the Deputy, any misuse by members of An Garda Síochána of information or material arising in the course of the performance of their official duties must be condemned.
Drug Treatment Court
Questions (75)
Seán Barrett
Question:75. Deputy Seán Barrett asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the juvenile drug treatment court guidelines issued to juvenile drug treatment courts in Australia, which are designed for young persons with substance use disorders; and if she will make a statement on the matter. [23964/17]
View answerWritten answers
I wish to inform the Deputy that my Department's attention has not been drawn to the juvenile drug treatment court guidelines issued to juvenile drug treatment courts in Australia. As the Deputy may be aware, juveniles are not accepted in the Drug Treatment Court in Dublin and such persons charged with drug related offences are dealt with through the Children Court. The Deputy may be interested in the legal framework applicable to young offenders and the activities and services funded by my Department which support the operation of the law in this area. Statutory provision in relation to young offenders is set out in the Children Act 2001 (as amended). Accordingly, where a young person under the age of 18 comes into conflict with the law, the principles of the Act apply. A key principle in the Act is that detention should be a last resort. In support of this principle, the legislation facilitates the incremental application of a series of measures, ranging from diversion in the first instance through community based sanctions, to detention.
The first main filter in the youth justice system is the Diversion Programme operated by An Garda Síochána, involving at different stages and depending on the seriousness of the offence, the informal caution (without supervision) and the formal caution (with supervision), including possible involvement with a Garda Youth Diversion Project. The second main filter is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines, costs or compensation; the binding over of parents; and orders imposing community sanctions supervised by the Probation Service. In supervising community sanctions, the Probation Service utilises a number of community based organisations with dedicated resources to work with young offenders.
Finally and as a last resort, detention in the Oberstown Children Detention Campus may be used. In this regard, I should mention that my colleague the Minister for Children and Youth Affairs, Dr. Katherine Zappone recently announced the roll-out of a pilot Bail Supervision Scheme for young people which will assist them in complying with their bail conditions pending the hearing of their case. International evidence suggests that this scheme should impact remand trends by offering the court a new option ‘bail with supervision’ as an alternative to a remand in detention. This alternative option should also help a young person to moderate their chaotic circumstances and promote greater stability in their life.
It will be seen, therefore, that the focus under the law is to adopt a graduated approach which, in the main, serves to keep the vast majority of young offenders out of the criminal justice system.
Protected Disclosures Data
Questions (76)
Clare Daly
Question:76. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána who made protected disclosures and are off work on work-related stress; the steps she has taken to satisfy herself that they are not being subjected to bullying and harassment; and if she will make a statement on the matter. [24270/17]
View answerWritten answers
Members of An Garda Síochána may make protected disclosures to the Garda Commissioner, to GSOC or to me as Minister. I am informed that eight Protected Disclosures have been made to the Garda Commissioner, and that GSOC have received seven disclosures with another four active from the previous two years. There have been eight Protected Disclosures made to me as Minister for Justice and Equality since the 2014 Act came into force. I have also received a number of other documents which cannot fall to be considered as Protected Disclosures but have had to be treated with similar confidentiality and sensitivity. I should point out that it is possible that the same individual will have made a protected disclosure to more than one of the possible recipients under the Act, and that there may therefore be some overlap in the figures quoted. I am not in a position to provide the Deputy with the number of whistleblowers who are currently absent from work on stress related leave. Given the obligation to protect the identity of those who make protected disclosures, it would require a breach of this obligation to attempt to collate information on the number who may be off work for any reason.
As the Deputy is aware, the Protected Disclosures Act came into operation on 15 July 2014. Members of An Garda Síochána who wish to make a protected disclosure may do so in accordance with the provisions of the Act. The Act replaced the previous system of making disclosures to a Confidential Recipient. The 2014 Act put Gardaí in the same position, including receiving the same statutory protections, as others who wish to make a protected disclosure about alleged wrongdoing.
Accordingly, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure directly to GSOC. Where a protected disclosure is made to GSOC, the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.
It is important to recognise the very significant fact that a member of the Gardaí who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.
The Deputy is no doubt aware of the measures taken by the Garda Commissioner in relation to protected disclosures outlined at her meeting in June 2016 with the Policing Authority. The Garda Síochána have published their Protected Disclosures Policy and all Garda members and civilians have been informed of this policy. In addition the Garda Commissioner has appointed a Protected Disclosures Manager who will be supported with a dedicated and properly trained team. The Garda Síochána have been working with Transparency International Ireland and other external providers to create an environment to ensure that whistleblowers are properly protected and supported.
In light of the public interest in An Garda Síochána having robust policies and procedures in place to support and protect whistleblowers and to ensure that their complaints or allegations are fully investigated, I asked the Policing Authority on 2 June 2016 to examine and report on the policies and procedures in place in An Garda Síochána to deal with whistleblowers/whistleblowing. I also asked that they make any recommendations that they consider appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistleblowers can make complaints or allegations in a safe environment where their complaints or allegations are properly investigated.
The Policing Authority completed its review and reported to me on 11 November, 2016. The Report was published on my Department's website and has been laid before both Houses in accordance with the Act. The Garda Commissioner has since published a revised policy document as result of the Report. The Commissioner is committed to providing an environment in which protected disclosures can be made in full knowledge that persons making such disclosures will be supported and protected in the workplace.
Crime Levels
Questions (77)
Marc MacSharry
Question:77. Deputy Marc MacSharry asked the Tánaiste and Minister for Justice and Equality her views on an ICSA, Irish Cattle and Sheep Farmers Association, report that suggests that two thirds of farming families have been affected by crime relating to their farming enterprise; and if she will make a statement on the matter. [24352/17]
View answerWritten answers
I am aware of the recent report commissioned by the Irish Cattle and Sheep Farmers Association (ICSA) and the recent commentary in the media on foot of its publication. I note that the ICSA report is part one in a series of three reports into agricultural crime in Ireland and I look forward to considering the other reports when published.
I also want to assure the Deputy that I am very much aware of the damage done to local communities by organised gangs who target rural areas to engage in burglary and other property crime. The ICSA report covers a period of 24 months, from the start of May 2014 to the end of May 2016 and this includes a period of 17 months before the launch, in November 2015, of the sustained drive against burglary and property crime which An Garda Síochána has pursued under Operation Thor.
As the Deputy is aware, Operation Thor entails a broad range of activities to tackle organised crime gangs and other prolific offenders as well as working with communities to prevent crime. This comprehensive operation is supported by the enhanced Government investment in Garda resources, including the recently announced additional allocation of €88.5 million in 2017. The additional investments in policing make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime via Operation Thor. There has been concentrated policing activity under Operation Thor and this is reflected in the implementation of over 67,000 targeted checkpoints nationwide, with in the region of 4,000 arrests being made.
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, which were released recently, 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.
I have also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.
The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities and this is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will be aware that as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. There are a range of partnership initiatives which have been established between An Garda Síochána and important rural-based organisations such as the Irish Farmers Association, Muintir na Tire and other rural community organisations, including the well established Community Alert Programme, the ongoing work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.
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. Appointments will also be made to the Garda Reserve of approximately 300, and in this regard I was pleased to be able to launch a new recruitment campaign for Reserve members of An Garda Síochána last week.
Proposed Legislation
Questions (78)
James Lawless
Question:78. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality if she will provide an overview of the general scheme of the Data Protection Bill. [24354/17]
View answerWritten answers
The General Scheme of the Data Protection Bill is available on the website of the Department of Justice and Equality: www.justice.ie. It has also been forwarded to the Joint Committee on Justice and Equality for pre-legislative examination.
The principal objective of the draft Bill is to give further effect to the General Data Protection Regulation (GDPR), i.e. Regulation(EU) 2016/679 of 27 April 2016, to transpose the law enforcement Data Protection Directive, i.e. Directive (EU) 2016/680 of 27 April 2016 into national law, and to equip the Data Protection Commissioner with the means to supervise and enforce application of the enhanced EU data protection standards in an efficient manner. The GDPR will take effect from 25 May 2018, and national law to give effect to the Directive should enter into effect at the same time.
While an EU Regulation is a directly applicable legal instrument and does not normally require any national law to give it legal effect, the GDPR contains a number of provisions which allow Member States a limited margin of flexibility. Part 3 of the draft Bill seeks to give further effect to the GDPR in a limited number of areas, mainly affecting the public sector, in which flexibility is permitted. In certain cases, this involves creation of a regulation-making power which will permit the making of detailed regulations. Part 4 seeks to give effect to the Directive’s provisions in national law. Part 6 contains Heads which respond to requirements in both the GDPR and Directive that individuals be permitted to seek vindication of their data protection rights through the courts rather than the supervisory authority.
With regard to the Data Protection Commissioner, Part 2 of the draft Bill contains provisions which would establish the Data Protection Commission to replace the Data Protection Commissioner. The primary function of the Commission would be to act as the supervisory authority for the purposes of the GDPR and the Directive. Replacing the Data Protection Commissioner with a Data Protection Commission is a future-proofing mechanism which will permit the appointment of more than one Commissioner should the need arise in the future. Part 5 contains provisions which are intended to equip the Commissioner, or the Commission in due course, with effective mechanisms and procedural safeguards in order to perform the tasks and exercise the powers set out in the GDPR and the Directive.
Commission on the Future of Policing
Questions (79)
Jim O'Callaghan
Question:79. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to create a separate security apparatus to divide the police and State security functions; and if she will make a statement on the matter. [24336/17]
View answerWritten answers
The arrangements currently in place have served the State well since its foundation in countering threats to the security of the State, particularly from terrorism over the course of the troubles. Given the dynamic nature of the threats that may arise, those arrangements are kept constantly under review, including the decision-making arrangements across the common areas of the State's security and defence. The Garda and Defence Forces' authorities work closely together in this regard.
As the Deputy will be aware, I recently announced the membership of the Commission on the Future of Policing in Ireland and the Commission’s final terms of reference. The Commission will inquire into policing in Ireland and will consider, among other things, all of the functions carried out by An Garda Síochána, including the provision of security services to the State. I do not, of course, want to prejudge this matter but believe it is right that a comprehensive review of policing requires an examination of this issue.
Constitutional Amendments
Questions (80)
Jonathan O'Brien
Question:80. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to hold a referendum to repeal the constitutional provision concerning blasphemy. [23559/17]
View answerWritten answers
As the Deputy will be aware, the Government agreed in September 2014 to hold a referendum on removing the offence of blasphemy from the Constitution (Art 40.6.1(i)), in response to the 6th Report of the Convention on the Constitution.
The Programme for a Partnership Government also proposes that a number of referenda be held, including a referendum on the question of removing the offence of blasphemy from the Constitution.
Preliminary consultations and preparatory work have been undertaken. Further work will be necessary to prepare a Referendum Bill and a Bill to amend the current legislative provision for the offence of blasphemy contained in the Defamation Act 2009, dependent on the priority and time frame to be decided by Government.
A decision on the scheduling of the blasphemy referendum will be made by Government in the light of its Legislative Programme, subject to completing the necessary further consultations and preparing the necessary Referendum Bill and the accompanying amending legislation regarding the statutory offence of blasphemy.
Asylum Support Services
Questions (81)
Ruth Coppinger
Question:81. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will report on the implementation of changes to the asylum system following the commencement of the International Protection Act 2015; if she will be consulting with asylum seekers and organisations representing them; and if she will make a statement on the matter. [24393/17]
View answerWritten answers
The commencement of the International Protection Act 2015 on 31 December 2016 represents a fundamental reform of the system for assessing the applications of those seeking international protection in Ireland. The new system will ensure that all aspects of a person's claim (Asylum, Subsidiary Protection and Permission to Remain) are considered together rather than sequentially, as heretofore. The new single application procedure under the International Protection Act 2015, will, in time, significantly accelerate the protection determination process and by extension will reduce the length of time which applicants spend in State provided accommodation.
All applications for international protection are being processed under the new arrangements in the International Protection Office, IPO (formerly the Office of the Refugee Applications Commissioner - ORAC) and any appeals arising in relation to asylum and subsidiary protection applications will be heard by the International Protection Appeals Tribunal, IPAT (formerly the Refugee Appeals Tribunal - RAT). The staff of the IPO (the Chief International Protection Officer and international protection officers) and IPAT are independent in the performance of their international protection functions.
Recruitment of additional staff for the IPO and for IPAT together with part-time new Tribunal Members for IPAT is ongoing to enhance the capacity to bring the Single Procedure effectively on stream, further reduce the cases on hand transitioning from the old system and to produce first instance decisions as soon as possible. Interviewing of applicants under the International Protection Act 2015 commenced at the end of January 2017 in respect of relocation cases and March 2017 for all other cases. The issuing of recommendations commenced at the end of January 2017. I am advised that the Chief International Protection Officer intends to schedule applications to the IPO on the basis of date of application (oldest case first) but certain categories of applicant such as those from refugee generating countries such as Syria and unaccompanied minors are also being prioritised. The IPO's approach to prioritisation has been agreed with the UNHCR and is available on its web site www.ipo.gov.ie.
A comprehensive information process has also been put in place to ensure that protection applicants and their legal representatives are aware of the provisions of the 2015 Act. Earlier this year the IPO, in addition to placing advertisements in the national media and meeting the UNHCR, IPO Customer Services Liaison Panel and other relevant NGOs, wrote to approximately 3,000 applicants whose cases were not finalised by the ORAC or RAT and to all legal representatives on record to inform them of the commencement of the relevant provisions of the 2015 Act and how the transitional arrangements would affect their applications. All applicants also received a suite of documentation including an information note, information booklet and an Application for International Protection Questionnaire (IPO 2). The questionnaire and information booklet are now available in 19 languages. They were also informed that extra time is available, if required, for the completion of the Questionnaire and the wisdom of accessing legal advice in completing the questionnaire is stressed by the IPO. Some 2,420 questionnaires had been returned to the IPO by the end of April 2017.
A series of nationwide information seminars for applicants on the Act presented by staff of the Irish Naturalisation & Immigration Service (INIS) and the IPO have commenced in RIA centres throughout the country and will continue through May and June. Applicants will have an opportunity to ask the IPO and INIS staff any questions they may have. The Deputy is advised that a call centre in the IPO (at 01 6028000) is also available to applicants or their representatives to answer any queries arising from implementation of the Act.
Road Traffic Offences Data
Questions (82)
Eamon Ryan
Question:82. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if her Department has access to statistics regarding the level of intoxication of persons arrested and-or tested for drink driving; and the trend over time for the average level of intoxication of those arrested and-or tested. [24394/17]
View answerWritten answers
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.