Written Answers Nos. 1 - 32
5. Deputy Alan Kelly asked the Minister for Justice and Equality his views on whether the Charleton liaison committee should continue to be funded; and his further views on whether the liaison committee is working equally in the best interests of all gardaí involved in the disclosures tribunal. [44293/17]
View answerFirst of all let me say for the benefit of the Deputy that the Disclosures Tribunal was appointed following the passage of resolutions by this House and Seanad Éireann on 16 February 2017. Those resolutions require the Tribunal to report to the Clerk of Dáil Éireann with its findings and recommendations. Therefore, I do not propose to say or do anything which could be interpreted as impinging on its independence.
As the Deputy will be aware, it is the Garda Commissioner who has statutory responsibility to carry on and manage and control generally the administration and business of An Garda Síochána. Accordingly, the putting in place of internal structures to service the Tribunal is a matter for the Commissioner and I, as Minister, have no direct role in the matter. I do not believe that it would be proper for me as Minister to prescribe the approach which is taken by An Garda Síochána towards the Tribunal. Indeed, I would be open to criticism if I were to seek to influence how An Garda Síochána fulfil their duties to the Tribunal.
On a general note I would reiterate that the Government has been anxious to ensure that the Tribunal receives the greatest degree of assistance possible from all parties, not least An Garda Síochána. To that end the Government has been supportive of the former Commissioner, and continues to support the acting Commissioner in ensuring that the required resources are at the disposal of An Garda Síochána to service the Tribunal in a timely and effective manner. I am advised that the services of two retired senior members of An Garda Síochána were engaged initially for a period of six months and then for a further period of three months to 30 November 2017 in accordance with the formal sanction.
I am informed that the work of these two retired members supports the Disclosure Tribunal Co-Ordination Office which is staffed by one full-time member, seconded temporarily from the Office of Corporate Communications. A number of additional personnel are also facilitating the work of this office on an ad hoc basis as requirements dictate. I am further informed that liaison persons have been nominated from relevant sections/Regions to deal with specific requests from the Tribunal. Funding for the Co-Ordination Office is met from within the Garda Vote.
I would reiterate that the provision of these additional resources is to ensure that An Garda Síochána as an organisation is able to cooperate with the Tribunal to the fullest extent, without unduly affecting the ability of the organisation to continue to carry out its normal vital work. That said, there is nothing in the arrangements put in place by the Commissioner to prevent, nor could they, the right of any individual member of An Garda Síochána to make any representations they see fit, relevant to its terms of reference, directly to the Tribunal. This includes any complaint by any member of An Garda Síochána about the arrangements in place for their representation at the Tribunal. Any matters relating to representation before the Tribunal will of course ultimately be decided by the Tribunal itself.
15. Deputy Ruth Coppinger asked the Minister for Justice and Equality the way in which the right to work for persons seeking asylum arising from the Supreme Court ruling (details supplied) will be implemented; and if he will make a statement on the matter. [44224/17]
View answer19. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to introduce legislation to allow persons seeking international protection the right to work; and if he will make a statement on the matter. [44243/17]
View answer20. Deputy Mick Wallace asked the Minister for Justice and Equality the timeframe to allow adults in direct provision the ability to work; when he expects legislation to be presented before the Houses of the Oireachtas; if his Department has engaged civil society groups working in the area of direct provision with regard to the drafting of such legislation; and if he will make a statement on the matter. [44273/17]
View answerI propose to take Questions Nos. 15, 19 and 20 together.
Section 16(3)(b) of the International Protection Act 2015 provides that applicants for international protection shall not seek, enter or be in employment or engage for gain in any business, trade or profession during the period before the final determination of their application.
The Supreme Court judgment in the case of N.V.H. v. The Minister for Justice and Equality found, on 30 May last, that in an international protection system with no temporal limits as to when the application process will be concluded, an absolute prohibition on the right to work for international protection applicants is contrary to the right to seek employment under the Constitution. The Court recognises that this is a matter for the Executive and Legislature to consider and accordingly has adjourned consideration of the Order the Court should make for a period of six months.
Following the approval of Government, I established an Inter-Departmental Taskforce to examine the wide-ranging implications of the judgment, and to consider appropriate solutions. The Taskforce is also examining the legal options available to the State to give effect to the judgment.
My Department engages regularly with civil society and the NGO community on international protection and wider immigration matters. Staff also attend conferences organised by the NGO sector, including one specifically on the right to work question. Written submissions have also been received.
The Taskforce is due to report back to Government very shortly in preparation for the State's response to the Court judgement. In the circumstances, it would be inappropriate for me comment further in advance of the Taskforce completing its deliberations on the matter.
16. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources continue to be made available to An Garda Síochána to combat organised crime; if sufficient intelligence, technology or other resources are adequate to make serious inroads on the structures operated by the criminal gangs; if sufficient powers exist to deal adequately with the situation; if further legislation is required; and if he will make a statement on the matter. [44218/17]
View answerThe Deputy will be aware that only last week I announced the additional resource allocations for the Justice sector in Budget 2018.
A total budget of €1.65 billion has been provided to An Garda Síochána in 2018, an increase of 2% on 2017. It should be noted that the Garda allocation substantially continues to benefit from the significant additional funding that was provided in 2016, and maintained in 2017, to fund the sustained response to tackle gangland crime, fund the continuation of Operation Thor and ensure that measures to prevent international terrorism can be continued.
Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure over the period 2016 to 2021. This major investment will allow An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime and will facilitate progress on important reforms arising from the Garda Inspectorate's report on Crime Investigation.
Let there be no doubt, targeting organised crime is an on-going priority for the Government and An Garda Síochána.
An Garda Síochána is tackling such activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations utilising advanced analytical and intelligence methodologies. This involves targeting serious criminals and organised criminal groups on a number of fronts and across all geographical locations. This is achieved through the use of focused intelligence led operations by Garda specialist units, including the Drugs and Organised Crime Bureau, the National Economic Crime Bureau and the National Bureau of Criminal Investigations. When required, support from the Security and Intelligence Section is also available. These specialist units also work closely with the Criminal Assets Bureau in targeting persons involved in such criminality.
It can be seen therefore that An Garda Síochána utilises multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. This includes the use of money-laundering legislation and the powers available to the Criminal Assets Bureau under the proceeds of crime legislation. In this regard, the Deputy might recall the new powers introduced under the Proceeds of Crime (Amendment) Act 2016 which provides for Bureau Officers, subject to certain conditions, to immediately seize and detain property for a 24 hour period. Provision is also made for this period to be extended upon the authorisation of the Chief Bureau Officer, subject to certain conditions, for a further period not exceeding 21 days. In this context, the Act also lowered the thresholds applicable to seizures by reducing the value of property involved from €13,000 to €5,000. In addition, new regulations were made to reduce the prescribed amount of cash suspected of being the proceeds of crime which can be seized, from €6,500 to €1,000.
The legislative framework underpinning the State's response to organised crime is kept under constant review to ensure its on-going effectiveness and robustness. The recent strengthening of the proceeds of crime legislative framework to further support the work of the Criminal Assets Bureau is an example in this regard.
Having regard to the cross border aspect of organised crime, there is close and on-going co-operation between the Garda Síochána and the PSNI on all aspects of policing, including combating organised crime. The two police forces operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island. All of these are important elements in enabling the two forces to work more effectively together in tackling crime and promoting community safety for all communities on this island.
An Garda Síochána continues to participate in joint and multi-disciplinary and multi-jurisdictional investigations, within the European Union and world-wide. Successful investigations, prosecutions and disruptions of criminal activities have been and continue to be achieved through these cross jurisdictional co-operative arrangements. In this regard, the Deputy might recall the very effective joint policing operation in 2016 involving An Garda Síochána and their Spanish colleagues. These types of operations demonstrate the determination of the Garda authorities and the Government to ensure that Irish criminals will not escape justice by fleeing this jurisdiction, or by seeking to conduct their criminal activities from abroad. They also demonstrate the on-going close liaison that the Force has with law enforcement agencies internationally.
17. Deputy Denise Mitchell asked the Minister for Justice and Equality the status of the Garda youth diversion project; the number of children admitted to the Garda youth diversion programme in 2016 and to date in 2017; and if he will make a statement on the matter. [43691/17]
View answerAs the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that where a young person is responsible for committing a crime s/he shall be considered for admission to the Diversion Programme. In order for a young person to be admitted to the Programme s/he must take responsibility for their offending behaviour; agree to be cautioned by a Garda; and where appropriate agree to terms of supervision.
The most recent figures available from An Garda Síochána in relation to the number of young people admitted to the Programme are for 2015. 7,282 young people were admitted to the Programme in that year and 1,479 were deemed unsuitable for the Programme.
The operation of the Diversion Programme is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs). GYDPs are community based multi-agency crime prevention initiatives which primarily seek to divert young people who have become involved in criminal and/or anti-social behaviour. There are 105 of these projects in place nationally and they are funded by my Department.
A committee to review the effectiveness of the Diversion Programme reports annually as provided in section 44(6) of the Children Act. In addition, a Group, established by the former Garda Commissioner, is undertaking a comprehensive review of the existing Youth Diversion Programme and its report is awaited.
The Garda Youth Diversion Programme is an important part of Government policy in relation to tackling youth crime and I am sure the Deputy will agree that we all want to see it operating effectively.
18. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of dedicated community gardaí in the service of An Garda Síochána for each of the past seven years; the number of dedicated community gardaí in the Cork city Garda district for each of the past seven years; and the commitment of his Department to the national model of community policing. [44244/17]
View answer24. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when the new community policing teams will be in place in each Garda district as outlined in An Garda Síochána's modernisation and renewal programme; and if he will make a statement on the matter. [44073/17]
View answerI propose to take Questions Nos. 18 and 24 together.
Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations.
I am informed by the Garda Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. All Gardaí have a role to play in community policing in carrying out their duties. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
An Garda Síochána's Modernisation and Renewal Programme 2016-2021, published in June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District.
These Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. In addition, each Community Policing Team will be supported by a Community Safety Forum. The Forum which will comprise of local Gardaí, members of the public and community groups will promote crime prevention strategies. This clear and consistent approach to community policing will ensure a better service and enhanced community safety.
In terms of progress on this important initiative, I am informed by the Commissioner that a draft Community Policing Framework which outlines the manner in which Community Policing Teams and Community Safety Fora will be established has been completed and is subject to internal review before being approved by the Executive for implementation. The Commissioner anticpates that a number of Community Policing Teams will be established on a pilot basis early next year.
Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.
The information requested by the Deputy in relation to the number of Community Garda over the last seven years is currently being complied and I will forward it directly to the Deputy when it is to hand.
22. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the number of gardaí in each of the Cork divisions who had been trained and in a position to test for drug driving when the new test was introduced in April 2017; the number of gardaí available at the end of April, May, June, July, August and September 2017; the number of tests that have been carried out in each Cork division; and the number of positive results identified by those dates. [44192/17]
View answerI have sought the information requested by the Deputy from An Garda Síochána and will contact the Deputy directly on receipt of a Garda report in relation to these statistics.
While An Garda Síochána has been testing Irish drivers for drugs, with the assistance of the Medical Bureau of Road Safety (MBRS), since 1999, the Deputy will be aware that my colleague, the Minister for Transport, Tourism and Sport, commenced the drug driving provisions in the Road Traffic Act 2016 on 12 April 2017. One of the key measures in the legislation provides for Preliminary Drug Testing, which enables Gardaí to test motorists at the roadside, whom they suspect of driving under the influence of drugs, and An Garda Síochána can now establish roadside checkpoints, known as Mandatory Impairment Checkpoints (MITs), to test drivers for the presence of both alcohol and drugs.
The new drug testing devices (Dräger DrugTest 5000) involve testing a sample of a driver’s oral fluid (saliva) for the presence of cannabis, cocaine, opiates (e.g. heroin, morphine) and benzodiazepines (e.g. valium). The new devices will also be available in Garda stations. The MBRS has found that of the 3,020 specimens of blood and urine that it received in 2016, 24% confirmed positive for drugs other than alcohol. Of these, 91% were specimens from male drivers, most of whom were in the 17-44 year age range. Cannabis was the most prevalent drug detected, followed by benzodiazepines.
Earlier this year, the MBRS went to tender for new preliminary breath testing equipment 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.
To support the introduction of Preliminary Drug Testing, the Road Safety Authority ran a number of campaigns this year to raise awareness of the new Garda drug-testing powers.
It is estimated that drug driving is a factor in approximately one in ten fatal crashers. Drug driving not only puts the driver at risk but also passengers and other road users. The introduction of Preliminary Drug Testing this year strengthens the ability of Gardaí to tackle drug driving and I am committed to supporting this important statutory enforcement provision in my role as Minister for Justice and Equality.
23. Deputy Ruth Coppinger asked the Minister for Justice and Equality if he will make provision for family members over 18 years of age and those in a more extended family to be included in family reunification visas for persons who are here as part of the Irish refugee protection programme; and if he will make a statement on the matter. [44222/17]
View answerAs the Deputy is aware, the Irish Refugee Protection Programme (IRPP), allows for Syrians and other eligible nationalities to benefit from resettlement and relocation schemes, and offers them protection status in Ireland in their own right including all the rights and privileges that that entails. Family reunification entitlements for those granted International Protection in Ireland are governed by Sections 56 and 57 of the International Protection Act 2015.
Ireland committed to accept approximately 1,040 refugees by the end of 2017 under the resettlement strand of the Programme and this commitment is on track with 785 people already in the State and the remaining 270 people due in early 2018 from Lebanon. Furthermore, I announced on 15 September last that Ireland would pledge to accept 600 programme refugees in 2018. This commitment has been made as part of a new EU Commission and UNHCR resettlement pledging exercise under the Asylum, Migration and Integration Fund, for the period 09 December 2017 – 31 December 2018. Since the conclusion of this pledging exercise, the Commission issued a Resettlement Recommendation on 27 September, which calls for the resettlement of 50,000 refugees between December of this year and the end of October 2019. Member States, like Ireland, who have already made pledges are being encouraged to consider increasing their pledges for the new two-year timeframe of the scheme.
Under the Relocation Strand of the Programme, we will have admitted our full cohort from Greece (1,089) by early 2018. Relocation from Italy has not been possible within the two-year timeframe of the programme due to a refusal by Italy to allow law enforcement officers from other Member States to conduct security assessments of relocation candidates on its soil. Our efforts to resolve this issue are ongoing.
I fully intend to honour our commitment under the Irish Refugee Protection Programme. While the relocation strand has not yielded the expected numbers, together with my Department officials, I have been examining potential new pathways for people in need of protection following the conclusion of the EU programmes. One possibility is through a family reunification measure, for which I intend to bring forward fresh proposals in the near future. Such a programme would concentrate efforts on reunification of immediate family members specifically caught up in conflict zones, and would be in addition to those eligible under the provisions of the International Protection Act 2015.
25. Deputy Mick Wallace asked the Minister for Justice and Equality the number of refugees who have been accepted here since the Irish refugee protection programme was announced in September 2015; if he is satisfied with the rate of acceptance with regard to refugee allocation; and if he will make a statement on the matter. [44274/17]
View answerThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government has pledged to accept a total of 4,000 persons into the State, 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, 1,040 (519 by the end of 2016 and the remainder in 2017) under the UNHCR-led refugee resettlement programme currently focussed on resettling refugees from Lebanon, and the balance through a variety of mechanisms. Some elements of this intake, such as the relocation strand, come with a time limit of two years and other elements are not time limited.
As regards the resettlement strand of the Programme, Ireland had taken in 519 of the original commitment of 520 by the end of 2016 a year ahead of schedule. Last year the Government doubled its commitment under resettlement to 1,040 and the total to have arrived from Lebanon under refugee resettlement now stands at 785. The remaining 255 persons to arrive under resettlement have been selected and assessed and are expected to arrive in early 2018 together with an additional 15 persons composed of new born babies and additional family members giving a total of 270.
In terms of the relocation aspect of the IRPP, allocations under the relevant EU Council Decisions are composed of three elements:
- an intake from Greece of 1,089 asylum seekers
- an intake from Italy of 623 asylum seekers and
- an allocation of 910 asylum seekers which has not yet been assigned to either Italy or Greece.
Ireland will meet in full its commitment to Greece. 621 of the allocation of 1,089 are already in the State and a further 390 have been assessed and are awaiting transportation. All will arrive in 2017 or early 2018.
However, Italy, unlike Greece, did not permit security assessments to be undertaken by other States on its territory. Accordingly, Ireland has been unable to undertake security assessments on its territory of the asylum seeker cohort eligible for relocation to Ireland. It has therefore not been possible for Ireland to take asylum seekers from Italy despite the most intensive efforts by Ireland to resolve the impasse, both bilaterally with Italian counterparts at official, diplomatic and Ministerial level, and at EU level.
In terms of the unallocated portion contained in the two EU Council Decisions referred to above, which in the case of Ireland amounts to 910 persons, Ireland could not access this component until a decision was taken at EU level to allocate these numbers as between Greece and Italy. Given that it is now clear the numbers of persons covered by the two Relocation Decisions do not actually exist on the ground in Greece or Italy, it is not foreseen that this number will ever be allocated to Ireland.
Ireland has worked actively to give effect to the EU relocation Decisions. But the relocation instruments are unlikely to deliver the numbers allocated to Ireland for the reasons set out above. What I can unambiguously state is that the commitment by Ireland to accept 4,000 persons remains and Ireland will fill any gaps arising from the relocation instruments using other mechanisms such as pledges for programme refugees. This process is already underway and on 15 September 2017 I made a new Pledge to the European Commission to take a further 345 Programme Refugees. I am also examining other options.
26. Deputy Brendan Smith asked the Minister for Justice and Equality if consideration is being given to a substantial increase in resources for the Cavan-Monaghan Garda division in view of the policing needs of this Border division and additional demands that may arise for the security services due to Brexit; and if he will make a statement on the matter. [44266/17]
View answer44. Deputy Brendan Smith asked the Minister for Justice and Equality if particular consideration will be given to the policing needs of the Cavan-Monaghan Garda division in the allocation of Garda resources in view of the long land border with a neighbouring jurisdiction and the reduction in Garda personnel since 2010; and if he will make a statement on the matter. [44265/17]
View answerI propose to take Questions Nos. 26 and 44 together.
I should say at the outset that the distribution of Gardaí is exclusively the statutory responsibility of the Garda Commissioner.
I can say however that 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. The substantial increase in Garda numbers is tangible progress on achieving this Government's vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Cavan/Monaghan Division, in the coming years.
I am informed by the Commissioner that the Garda strength of the Cavan/Monaghan Division on the 31 August 2017, the latest date for which figures are readily available, was 323. There are also 12 Garda Reserves and 37 civilians attached to the Cavan/Monaghan 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.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 33 of whom have been assigned to the Cavan/Monaghan Division. In addition, another 200 trainee Gardaí 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.
In so far as cross-border matters are concerned, there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and tackling cross-border crime. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.
Both Governments have publicly declared their commitment to ensuring no return to a so-called 'hard border' on the island of Ireland and it is the firm intention that in the context of the UK's departure from the European Union there will be no diminution in the level of co-operation in this regard, and every effort will continue to be made to achieve that outcome.
27. Deputy Stephen S. Donnelly asked the Minister for Justice and Equality if he will report on his recent meeting with the UK Home Secretary; and if he will make a statement on the matter. [44074/17]
View answerI can inform the Deputy that I met with the Home Secretary, Amber Rudd MP, last Wednesday 11 October, in London. We were joined at the meeting by Justice Secretary, David Lidington MP, and Secretary of State for Northern Ireland, James Brokenshire MP.
Our discussions focused on the ongoing cooperation between Ireland and the United Kingdom on criminal justice, immigration, security and civil justice matters. The meeting formed part of the regular engagement my Department has with our counterparts in the UK on these important issues.
During the meeting, we reaffirmed the commitment of both the Irish and UK Government towards maintaining the Common Travel Area and welcomed the progress on agreeing common principles for the CTA in the Article 50 negotiations.
We also discussed the importance of continuing the excellent cooperation our countries have on criminal and civil justice matters. In this regard, I emphasised the importance of ensuring that effective transitional arrangements be put in place following the UK's withdrawal from the EU to ensure that the present levels of cooperation are maintained, and that an orderly transition to any new arrangements can be assured.
28. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to direct all State agencies under his remit, in addition to issuing guidelines to all other State agencies not under his specific remit, to discontinue accessing the data of Irish citizens pending the final resolution of issues pertaining to the Communications (Retention of Data) Act 2011, amending legislation conforming with EU law and obligations under the ECHR or both; and if he will make a statement on the matter. [44275/17]
View answerThe Deputy will wish to know that under the current law on access to certain communications data that is retained by communications service providers access to this data is available only to An Garda Síochána, the Revenue Commissioners, the Permanent Defence Forces, the Garda Síochána Ombudsman Commission and the Competition and Consumer Protection Authority.
The law provides that access to such data by these agencies is only permitted for the purposes of the investigation of serious crime and safeguarding the State's security, corresponding of course to the statutory responsibilities of the agencies in question. Any such access is also subject to the strict conditions that are set out in the legislation.
The operation of the Act's provisions are subject to the independent oversight of a serving Judge of the High Court and individual complaints may be made to the Complaints Referee who is a serving Judge of the Circuit Court.
The House will be aware that on 3 October the Government approved the drafting of legislation, as set out in the general scheme of a Communications (Retention of Data) Bill 2017, to revise the law in this regard in order to take into account the impact of judgments of the Court of Justice of the European Union in this area of law, notably the judgment of the Court in the Tele 2 Sverige/Watson cases which represents a significant evolution in European case law in this area.
The development of the general scheme of the Bill has involved consultation with the relevant stakeholders who are authorised to seek access to communications data.
I have written to the Oireachtas Committee on Justice and Equality to ask it to undertake pre-legislative scrutiny of the general scheme of the Communications (Retention of Data) Bill in accordance with current the arrangements in place in this regard. I look forward to the outcome of the Committee's consideration of these proposals.
29. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the operation of the speed detection vehicles of a company (details supplied) since 2011; his plans to introduce further legislation to strengthen the role of the company's staff in court cases; and if he will make a statement on the matter. [44082/17]
View answerA new contract for the provision and operation of the safety camera network on Irish roads was concluded on 17 August 2016. The contract for the safety camera service, which was awarded following a public procurement competition, is with Road Safety Operations Ireland, trading as GoSafe. The new safety camera contract is an agreement between the Minister for Justice and Equality, the Commissioner of An Garda Síochána and Road Safety Operations Ireland, trading as GoSafe. The Minister for Justice and Equality authorised the awarding of the services agreement for the provision and operation of safety cameras on a managed service basis for An Garda Síochána, in accordance with Section 81(7) of the Road Traffic Act, 2010.
The previous safety camera contract, also with GoSafe, expired on the date services were commenced under the current contract, which was 1 May 2017. The duration of the current contract is 6 years with effect from the Services Commencement Date, with the option to extend the contract for an additional 12 months. The estimated cost of the core safety camera service over 6 years is approximately 73 million EUR excluding VAT (Total cost of the safety camera contract over 7 years is estimated at €100.4 million EUR, including VAT).
Under the current contract, GoSafe will provide an annual minimum of 90,000 hours of monitoring and surveying vehicle speed across 1,031 designated safety camera zones. This equates to a minimum of 7,400 monitoring hours and 100 survey hours a month. This represents an annual increase of 300 hours on the existing contract. The current contract also contains provisions for up to 1,500 additional monitoring hours within any calendar month and the option to avail of fixed, temporary fixed and average speed safety camera systems.
The role of the Safety Camera Contract is critical in the context of road traffic enforcement, improving road safety by changing driver behaviour in order to reduce road traffic fatalities and serious injuries by reducing the incidence of drivers exceeding stipulated speed limits, in circumstances where speeding is known to be a significant factor behind serious collisions. As such, the deployment of safety cameras is determined by road safety considerations as opposed to revenue maximisation.
The overall impact of the cameras can be seen in the impact on the fatal collisions in the designated safety camera zones, referred to as speed enforcement zones. The designation of specific sections of road as speed enforcement zones is based on an analysis of collision data by An Garda Síochána.
In the years 2004 to 2009 (the 6 years before the introduction of the safety camera network began), approximately 3 out of 10 (30%) fatal collisions occurred in these zones. In 2015, this figure had reduced to 16% (or 24 road deaths) in safety camera zones.
In relation to the role of GoSafe staff in Court cases, it should be noted that GoSafe do not prosecute any cases. They are witnesses for the prosecution, rather than theprosecuting agency. An Garda Síochána prosecute speeding cases at District Court level. In addition, GoSafe operators receive formal training from GoSafe in relation to court attendance. While there are no plans currently to further strengthen the role of the company's staff in these cases, my Department will continue to consult closely with both An Garda Síochána and the Department of Transport, Tourism and Sport in relation to this road traffic enforcement matter.
My Department is in ongoing contact with An Garda Síochána and the Department of Transport, Tourism and Sport via a number of different fora in relation to road traffic enforcement matters. My Department also closely monitors all changes to road traffic legislation, the responsibility for which rests with my colleague, the Minister for Transport, Tourism and Sport, Mr. Shane Ross, T.D.
30. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the action he will take regarding the findings and recommendations of the Committee of Public Accounts report on Templemore, specifically those that relate to his Department. [44215/17]
View answerThe Public Accounts Committee published a report of its examination of matters in relation to financial procedures at the Garda College, Templemore on 18 July last. It follows from the Interim Audit Report prepared by the Garda Internal Audit Section of An Garda Síochána and published by the Garda Commissioner last March. The PAC report makes a number of findings and recommendations in relation to An Garda Síochána and my Department. Those findings and recommendations are being carefully examined with a view to identifying what follow up is appropriate.
In relation to findings concerning my Department and, in particular, in relation to its oversight of financial matters within An Garda Síochána, these findings are being examined to determine whether any enhancements are required to existing oversight arrangements within the parameters of the statutory framework set out in the Garda Síochána Act 2005. It is important, however, to recall that under the Act it is the Garda Commissioner who is the Accounting Officer for the Garda Vote and is in law responsible for ensuring that the appropriate controls apply to expenditure within the organisation. Similar to all accounting officers, the Commissioner is responsible for the preparation of an annual Appropriation Account, which is then audited and reported on, by the Comptroller and Auditor General in his annual report each year.
That said the fact that the Garda Commissioner is in law the Accounting Officer does not, of course, relieve my Department of its oversight role in relation to An Garda Síochána.
Indeed, new structures were put in place in recent years to strengthen oversight with the introduction of a formal governance agreement with An Garda Síochána in 2015. The Governance Framework Agreement makes provision, amongst other things, for regular governance meetings between the Secretary General of my Department and the Commissioner as well as tripartite meetings involving my Department, An Garda Síochána and the Authority.
A new Governance Framework Agreement is in the process of being drawn up by my Department in consultation with An Garda Síochána, having regard to the revised 2016 edition of the Code of Practice for the Governance of State Bodies. This new Agreement is expected to be concluded by end 2017. A communications protocol between the Department and An Garda Síochána is also being developed as part of this process. This work will be informed by the findings and recommendations of the PAC Report. A formal response will in the normal course to the Committee from the Minister for Public Expenditure and Reform.
31. Deputy Billy Kelleher asked the Minister for Justice and Equality the number of gardaí in each Garda station in the Cork city division as of 30 September 2017; and the number of new recruits assigned to the division since recruitment resumed in 2014. [44209/17]
View answerAs 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.
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. The substantial increase in Garda numbers is tangible progress on achieving this Government's vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Cork City Division, in the coming years.
I am informed by the Commissioner that the Garda strength of the Cork City Division on the 31 August 2017 was 656. There are also 44 Garda Reserves and 64 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.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 32 of whom have been assigned to the Cork City Division. In addition, another 200 trainee Garda 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.
For the Deputy's information I have set out in the table, as provided by the Commissioner, the number of Gardaí allocated to each Garda station in the Cork City Division as of 31 August 2017 the latest date for which figures are readily available.
CORK CITY DIVISION 31 AUGUST 2017
|
DISTRICT |
STATION |
TOTAL |
|
ANGLESEA STREET |
ANGLESEA STREET |
287 |
|
BLACKROCK |
22 |
|
|
BRIDEWELL |
28 |
|
|
TOTAL |
337 |
|
|
GURRANABRAHER |
BALLINCOLLIG |
18 |
|
BLARNEY |
17 |
|
|
CARRIG NA BHFEAR |
1 |
|
|
GURRANABRAHER |
56 |
|
|
TOTAL |
92 |
|
|
MAYFIELD |
GLANMIRE |
22 |
|
MAYFIELD |
44 |
|
|
WATERCOURSE ROAD |
46 |
|
|
TOTAL |
112 |
|
|
TOGHER |
BISHOPSTOWN |
20 |
|
CARRIGALINE |
20 |
|
|
CROSSHAVEN |
2 |
|
|
DOUGLAS |
19 |
|
|
PASSAGE WEST |
2 |
|
|
TOGHER |
52 |
|
|
TOTAL |
115 |
|
|
CORK CITY TOTAL |
16 STATIONS |
656 |
32. Deputy Ruth Coppinger asked the Minister for Justice and Equality the supports for persons here as part of the Irish refugee protection programme; if he has had engagement with these refugees to improve the level of support; and if he will make a statement on the matter. [44221/17]
View answerThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10 September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme, the Government pledged to accept a total of 4,000 persons into the State; 2,622 through the EU relocation mechanism established by two EU Council Decisions in 2015 to assist Italy and Greece, 1,040 programme refugees (519 by the end of 2016 and the remainder in 2017 and early 2018) under the UNHCR-led refugee resettlement programme (currently focused on resettling refugees from Lebanon) with the balance arriving through a variety of mechanisms. A recent commitment was made to take in a further 345 programme refugees in 2018 and the possibility of a further pledge is being examined.
The IRPP endeavours to the greatest extent possible to treat families and individuals in a broadly equivalent manner so as to commence the integration process in the quickest possible time scale. The IRPP does this as the likelihood of persons in the relocation cohort achieving a grant of international protection is very high because: (a) the selection process embedded in the relocation instruments is predicated on the fact that eligible nationalities must, across the EU, have a 75% or higher chance of obtaining status and (b) the overwhelming majority of persons being relocated to Ireland are fleeing the war in Syria and obtain refugee status.
Before they arrive in Ireland, programme refugees and asylum seekers are interviewed abroad by Department officials to assess their needs and vulnerabilities and to initially orient them to Irish life and society. Following their arrival in Ireland, and during their initial period of reception, they are accommodated in an Emergency Reception and Orientation Centre (EROC). As the name suggests, an EROC is largely about reception and orientation for those who are to be subsequently settled around the country. In the EROCs both cohorts receive broadly the same integration services with due account being taken of the fact that certain things may not be able to happen until individuals receive a decision on their application for a grant of international protection. IRPP staff hold regular clinics in the EROCs, often at weekly intervals, at which individuals and families may discuss their needs and requirements. The client group also receive an orientation and language training programme while in the EROC.
Some of the key features of supports provided to persons under the Irish Refugee Protection Programme include:
- IRPP staff and interpreters, along with representatives of the Irish Red Cross, meet families and individuals upon arrival at Dublin Airport and accompany them to their accommodation in the Emergency Reception and Orientation Centre.
- During the days following arrival in Ireland the asylum seekers are registered with the Department of Social Protection for a public services card and receive an exceptional needs payment (ENP).
- IRPP officials provide assistance to ensure that families and individuals receive a medical card.
- IRPP liaise with the local Education and Training Board in each catchment area to ensure that groups receive a Language Training and Cultural Orientation programme.
- Local Service Providers, volunteers and NGOs visit the Emergency Reception and Orientation Centres to provide services and information and to support and befriend the refugees.
- A GP is assigned to the individuals and families to ensure that that their immediate medical needs are met including referral to dental and optical services.
- Free Childcare is provided wherever possible to allow the adults to attend the Language and Orientation programme in their EROC.
- Education provision is made for school age children by the Department of Education and Skills.
- Emergency medical matters are followed up while resident in the EROCs.
- Once the asylum seekers receive refugee status and when housing is made available with the support of the Local Authority, the refugees will be resettled in the community with the support of the IRPP and volunteers in the local community. Each family has the support of an assigned IRPP resettlement worker to assist with the transition along with the support of a full-time Resettlement Support Worker and an Intercultural Support Worker. Local authorities also receive funding to provide counselling, transport and other supports.
The IRPP integration model for relocated asylum seekers will work with existing best practice in this area as pioneered by the Office for the Promotion of Migrant Integration (OPMI) but is also willing to work organically with community bodies, NGOs and civil society to see what else can be added to the integration model in order to help refugees
It is my firm intention that the model of integration and support is one which will evolve and develop over the coming months and years with a view to offering refugees increasing opportunities to enhance their own lives and it is for this reason I am examining initiatives such as community sponsorship to support the long-term integration process.
