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Tuesday, 11 Jul 2017

Written Answers Nos. 328 - 340

Firearms Licences

Questions (328)

Fergus O'Dowd

Question:

328. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the number of persons who, between 1 January 2016 and 30 June 2017, applied to his Department to become registered firearms dealers; the number of persons who have been granted a gun dealer's licence in the same period; and if he will make a statement on the matter. [32916/17]

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Written answers

Section 9 (3) of the Firearms Act 1925, as amended, provides for the registration of a person as a firearms dealer. Any person who applies for registration must satisfy the Minister that “he is immediately about to carry on business as a firearms dealer …. in premises suitable for that business.”

Further, the section provides, inter alia, that the Minister shall have regard to the character of the applicant, and generally to the public safety and preservation of the peace when considering such applications.

A person who wishes to become a firearms dealer must first obtain an application form (form 7) which is available on my Department's website. The completed form must be lodged with the Sergeant of the Garda sub-district where the applicant resides and An Garda Síochána will then prepare a suitability report on the character of the applicant and a crime prevention report on the proposed business location.

The number of persons that applied to join the register of firearms dealers for the first time from 1 January 2016 to 30 June 2017 was 22. This figure does not include those who renewed their registration on the register during this period. The total number of the first time applicants that were granted registration during the same period was 8.

In relation to the 14 remaining persons:

10 applications await final Garda reports.

3 applications await further information from the applicant themselves.

1 application was refused.

Garda College

Questions (329)

Catherine Murphy

Question:

329. Deputy Catherine Murphy asked the Minister for Justice and Equality if the €15,964 in interest from accumulated EU funded projects has been repaid to CEPOL and the Exchequer in the proportion in which the funding was provided; and if he will make a statement on the matter. [32920/17]

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Written answers

As the Deputy will be aware I have indicated publicly my concern at the findings of the Interim Internal Audit Report in relation to the financial procedures in the Garda College Templemore. As the Deputy will also be aware the Public Accounts Committee is expected to issue a report on its examination of the matter in the near future. The Garda Commissioner has been Accounting Officer for the Garda Vote since July 2006. Very particular responsibilities lie with Accounting Officers under the law and you will appreciate that I must be careful not to interfere in any way with the work of that Committee.

I have been assured that the Garda Authorities recognise the gravity of the issues raised, they have accepted the recommendations in full and are taking comprehensive steps to progress their implementation. External governance expertise and auditors have been engaged. A Steering Committee, chaired by the Garda Síochána Chief Administrative Officer and including a representative from my Department, is overseeing the implementation of the recommendations with a view to bringing matters to a conclusion as quickly as possible. I am, however, informed that there are several aspects to the implementation of the recommendations, including the recommendation referred to by the Deputy, that require further consideration to ensure that there is a full understanding of the extent of the issues identified in order to address fully their implementation. This work is ongoing.

In addition, upon receipt of the report, it was referred by my predecessor to the Policing Authority to oversee the implementation of the recommendations and to report back on a quarterly basis. I expect the Authority to submit its first report to me at the end of this month.

Departmental Contracts

Questions (330)

Mick Barry

Question:

330. Deputy Mick Barry asked the Minister for Justice and Equality the number of tenders for building construction of more than €250,000 issued to construction companies over each of the past six years for prisons and court buildings; the initial cost of each tender at contract award stage; the amount of the agreed final account or total amount paid in each case; the reason and details for overruns; the specific procurement method in each tender or contract award case; and if former State employees were engaged on construction projects. [32927/17]

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Written answers

The information requested by the Deputy could not be compiled in the time available. I will write to the Deputy directly when the information is available.

Departmental Contracts

Questions (331)

Mick Barry

Question:

331. Deputy Mick Barry asked the Minister for Justice and Equality the details of building construction consultants and related advisers such as but not excluding architects, engineers, quantity surveyors for prisons and court buildings (details supplied). [32928/17]

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Written answers

The information requested by the Deputy could not be compiled in the time available. I will write to the Deputy directly when the information is available.

Residency Permits

Questions (332)

Bernard Durkan

Question:

332. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when a final decision for residency can be expected in the case of a person (details supplied); and if he will make a statement on the matter. [32958/17]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has had their permission to remain in the State renewed for a further period to 10 February, 2020. This decision was conveyed in writing to the person concerned by letter dated 12 December, 2016.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Complaints Procedures

Questions (333)

Jim O'Callaghan

Question:

333. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if consideration has been given to establishing an ombudsman to determine and mediate grievance complaints made by members of An Garda Síochána in respect of management decisions that gardaí wish to appeal; and if he will make a statement on the matter. [33032/17]

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Written answers

The Deputy will be aware that the Ombudsman for the Defence Forces was established in 2005 to provide an independent, objective and accessible means of redress for individual members of the Defence Forces in addition to maintaining oversight of administrative and systemic practices. One of the key underlying principles of that office is to create an independent quality control mechanism to oversee procedures, practices and policies in the Defence Forces. The Ombudsman serves as an office of independent external review for serving members of the Defence Forces who must first exhaust existing internal grievance procedures before the Ombudsman can review or examine a case.

In relation to An Garda Síochána I am advised that a new anti-bullying and harassment strategy is being developed by An Garda Síochána 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.

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. Any consideration of the introduction of a model similar to the Defence Forces Ombudsman would include a consideration as to whether to include provisions to determine and mediate grievance complaints made by members in respect of management decision that Gardaí wish to appeal, as is the case with the Defence Forces Ombudsman.

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.

Garda Station Refurbishment

Questions (334)

Sean Fleming

Question:

334. Deputy Sean Fleming asked the Minister for Justice and Equality his plans regarding improvement works to be carried out at a Garda station (details supplied); and if he will make a statement on the matter. [33058/17]

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Written answers

The programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close co-operation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation, and I, as Minister, have no direct role in the matter.

The refurbishment of Portlaoise Garda station is included in the Garda Capital Investment Programme 2016-2021, which is an ambitious 5-year Programme based on agreed priorities established by An Garda Síochána that will benefit over thirty locations around the country. The Programme will provide new stations and modernise older stations at key locations around the country, ensuring safe, modern working environment for members and staff of An Garda Síochána as well as fit-for-purpose facilities for visitors, victims and suspects. It includes major refurbishment of stations and facilities, including facilities for meeting victims of crime, essential remedial works to existing stations, development of large scale property and exhibit management stores, the upgrade of cells and the provision of improved custody management facilities.

In relation to Portlaoise Garda station, I am informed that the project will involve an upgrade and refurbishment of the present Garda Station and custody suite along with the provision of additional accommodation for An Garda Síochána on the adjacent State property, which will necessitate an adjustment to the site. Local Garda management are working closely with the Office of Public Works to finalise sketch scheme proposals based on the brief of accommodation requirements provided by An Garda Síochána.

The Garda authorities inform me that due to the scale of this major capital project the OPW estimate that construction works will be carried out in phases. It is anticipated that the first phase of works will commence on site in 2018, with further phases commencing thereafter.

Criminal Law

Questions (335)

Róisín Shortall

Question:

335. Deputy Róisín Shortall asked the Minister for Justice and Equality his plans to introduce hate crime legislation; and if he will make a statement on the matter. [33070/17]

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Written answers

Any level of crime that is motivated by hate or prejudice is a matter of concern and figures for recorded incidents involving discrimination are published by the CSO. I can inform the Deputy that, in 2016, there were 308 recorded incidents with a discrimination motive. I would also like to note that 2016 was also the first year in which the CSO figures fully reflect the changes in the recording of crimes with a discriminatory motive, which has expanded the categories of discrimination from four to 11.

I would like to assure the Deputy that there are mechanisms in place to deal with hate motivated crime. Where a criminal offence such as assault, criminal damage or a public order offence is committed against a person based on their race, religion, colour, ethnicity, gender, disability or some other ground, the offence is prosecuted through the wider criminal law. It is also accepted that such an offence is more serious on account of the hate or prejudice motivating the crime and Irish courts do consider evidence of a crime being motivated by hate or prejudice as an aggravating factor at sentencing.

With respect to legislation establishing hate crime as a specific and punishable crime, it is important that any legislation which is introduced will allow for effective prosecution of these type of offences. I would also remind the Deputy of the second stage debate in October last year with respect to a Criminal Justice (Aggravation by Prejudice) Bill which was a Private Member's Bill introduced by Deputy O'Loughlin and Deputy Murphy O’Mahony. While there was support for the principle of the Bill, there were a number of concerns raised in respect of the approach proposed and the Deputies sponsoring the Bill undertook to further engage in respect of the proposals therein. The Bill proceeded to pre-Committee Stage scrutiny on 12 April this year, and I understand that my Department has engaged with one of the sponsoring Deputies in relation to the concerns regarding the practicality of the proposals.

I would also like to draw the attention of the Deputy to the 2016 Annual Report of the EU Fundamental Rights Agency which found that to address racism and xenophobia, EU Member States should ensure that any case of alleged hate crime or hate speech is effectively investigated, prosecuted and tried. The Garda Racial Intercultural and Diversity Office (GRIDO) has responsibility for coordinating, monitoring and advising on all aspects of policing Ireland's diverse communities. GRIDO monitors the reporting and recording of hate and racist crime on a continual basis. Garda Ethnic Liaison Officers (ELOs) are appointed to work with minority communities at local level throughout the country. These officers combined with GRIDO play a fundamental role in liaising with minority groups and work in partnership to encourage tolerance, respect and understanding within communities in the pursuit of preventing the commission of hate and racist crime. GRIDO and ELOs provide advice and assistance to victims of hate or racist crime where required or deemed necessary.

Garda Data

Questions (336)

John Curran

Question:

336. Deputy John Curran asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 55 of 9 March 2017 and 135 of 30 May 2017, when a reply will issue for same; and if he will make a statement on the matter. [33082/17]

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Written answers

I have been informed by the Garda authorities that, to collate the specific information requested by the Deputy on the number of vehicles seized by the Gardaí and disposed of for each year from 2010 to 2016 would require An Garda Síochána to manually search and review all seizure and disposals records held within each Garda Division, which would involve a disproportionate use of Garda time and resources.

Garda Strength

Questions (337)

Michael Moynihan

Question:

337. Deputy Michael Moynihan asked the Minister for Justice and Equality the number of gardaí in each division in County Cork in each of the years 2015 and 2016 and to date in 2017; and if he will make a statement on the matter. [33087/17]

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Written 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 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.

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. Funding has also been provided for the recruitment of 300 Garda Reserves.

This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 10, 25 and 15 of whom were assigned to the Cork North, Cork City and Cork West Divisions respectively. I am also informed that a further four hundred Garda recruits are scheduled to attest later 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 Cork Divisions 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.

For the Deputy's information I have set out below, as provided by the Commissioner, the number of Gardaí assigned to the Cork Garda Divisions for each of the years 2015 to 2106 and on 31 May 2017, the latest date for which figures are readily available.

CORK DIVISIONS STRENGTH 2015-2017*

2015

2016

2017*

CORK CITY

651

644

646

CORK NORTH

298

300

311

CORK WEST

276

281

284

*As of 31 May 2017

Crime Prevention

Questions (338)

Michael Moynihan

Question:

338. Deputy Michael Moynihan asked the Minister for Justice and Equality his plans to provide a grant scheme for rural households and businesses to install security camera systems in view of the spate of criminal activity in rural areas and the concerns of communities in this regard; and if he will make a statement on the matter. [33088/17]

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Written answers

I must inform the Deputy that there are currently no plans to provide a grant scheme such as the one outlined in his question. However, I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property crime.

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 an additional allocation of €88.5 million for overtime in 2017. We have also invested heavily in the Garda fleet, with over 720 new vehicles coming on stream since the start of 2015 and a provision of 46 million for new Garda vehicles under the Capital Plan 2016-2021.

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. Under Operation Thor we have seen over 74,000 targeted checkpoints and 52,400 crime prevention patrols nationwide. This concentrated policing activity has produced in the region of 4,400 arrests and 4,900 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. It is encouraging to note that since the launch of the Operation, the CSO burglary figures have shown a significant downward trend. These show a 30% decrease in burglary for the twelve months of 2016 when compared to 2015, and this parallels the implementation of Operation Thor.

This Government has 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. 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. 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 Tíre and other rural community organisations. These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the 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 is pursuing its 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, up to 500 civilians and approximately 300 members of the Garda reserve. These appointments will support the wide ranging reform plan which is in train in An Garda Síochána, and benefit policing services for all communities, whether in rural or urban areas.

National Landscape Strategy

Questions (339, 340)

Tom Neville

Question:

339. Deputy Tom Neville asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs when the national guidelines will be available to local authorities in respect of the renewal energy landscape character assessments; and if she will make a statement on the matter. [32794/17]

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Tom Neville

Question:

340. Deputy Tom Neville asked the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs the reason the Department of Transport, Tourism and Sport was not consulted when compiling and reviewing the renewal energy strategy landscape character assessment in respect of County Kerry; and if she will make a statement on the matter. [32798/17]

View answer

Written answers

I propose to take Questions Nos. 339 and 340 together.

Arising from Ireland’s ratification of the European Landscape Convention I launched the National Landscape Strategy for Ireland 2015-2025 in May 2015. Copies are available on my Department’s website.

The Strategy is to be implemented in two phases. The key action in Phase one, as set out in the Implementation Programme, will be the preparation of a National Landscape Character Assessment (NLCA). My Department is currently preparing tender documentation for the NLCA. The NLCA will be an important tool to provide data and objective information required to evaluate the current state of the landscape and to underpin effective spatial planning and landscape-centred decision making.

I would note that the primary role of planning authorities and the consultative roles of other bodies and persons in decision-making relating to landscape issues will continue to be governed by the provisions of the Planning and Development Act 2000 (as amended). One of the objectives of the National Landscape Strategy will be to assist in the achievement of greater consistency in decision making when dealing with issues of landscape via the landscape character assessment process, within City and County Development Plans, at local government level.

The second phase of the strategy under Action 3 is: “Following completion of the National Landscape Character Assessment, statutory guidelines on local Landscape Character Assessments, following best international practice, and incorporating Historic Landscape Characterisation, and other appropriate assessment methodologies, will be prepared for Planning Authorities under Section 28 of the Planning and Development Act 2000 (as amended).” The preparation and issuing of these statutory guidelines will be a joint action of my Department and that of the Minister for Housing, Planning, Community and Local Government.

In relation to whether Kerry County Council consulted with the Department of Transport, Tourism and Sport regarding its Landscape Character Assessment, this is a matter for the County Council and I have no function in that regard.

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