Written Answers Nos. 255-272
255. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on reports by various NGOs in regions in which sex tourism is prevalent that Irish and other European sex offenders are travelling there in increased numbers to abuse children and vulnerable persons; and if he will make a statement on the matter. [5639/18]
View answerReports of child sex-tourism are of great concern in the fight against child sexual exploitation and the Government is strongly committed to combating child sexual abuse in every way possible.
There are a number of legislative provisions in place to address sexual offences committed abroad by Irish citizens or persons ordinarily resident in Ireland. The Sexual Offences (Jurisdiction) Act 1996 extends the criminal law of the State against child exploitation done outside the State by citizens of the State and by persons ordinarily resident in the State. More recently, the Criminal Law (Sexual Offences) Act 2017 extended jurisdiction over offences done outside the State by citizens of the State and by persons ordinarily resident in the State where the offence involves sexual acts with children and certain vulnerable persons. In addition, the 2017 Act also strengthened the existing legislation on child sexual exploitation and abuse, and introduced new offences which specifically target online child sexual grooming.
As part of the management of those convicted of sexual offences in this jurisdiction, sex offenders may be subject to the notification requirements of the Sex Offenders Act 2001, more commonly known as the “sex offenders register”. The provisions of that Act allow for the supervision of convicted sex offenders post-release, including the obligation of an offender subject to notification requirements to notify An Garda Síochána, who then are able to notify authorities in other jurisdictions, should the offender intend to leave the country for a period of more than seven days.
As part of our on-going efforts to strengthen our legislation in this area, I will shortly bring to Government a draft scheme of a Sex Offenders (Amendment) Bill which will amend the Sex Offenders Act 2001 to further enhance the management of convicted sex offenders under that Act. This will include enhanced supervision of high risk offenders via electronic monitoring, more stringent notification requirements, and will ensure the appropriate exchange of information between those responsible for the monitoring of convicted offenders.
256. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the Garda stations that cannot use the PULSE system due to lack of broadband in their area, by county, in tabular form; and if he will make a statement on the matter. [5686/18]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT, are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
The Deputy will be aware that the Programme for a Partnership Government recognises that Gardaí must have the modern technology and resources necessary to detect and investigate crimes, and to prevent loss and harm to citizens and their property on a 24/7 basis. Accordingly, the Garda Modernisation and Renewal Programme 2016-2021 sets out a series of initiatives which will enable An Garda Síochána deploy the latest cutting edge technologies in the fight against crime. I am informed that a project was established under the Programme to enhance rural access to the Garda network by connecting the majority of these remaining sites to the Garda Network. Where stations cannot be connected, for example where local broadband services are not yet available, other methods of providing members with network access are being explored.
I am informed by Garda authorities that, as of 5 February 2017, 472 stations are networked, 15 are in the process of being networked and 77 stations currently cannot be networked due to lack of broadband infrastructure. Members in non-networked locations can contact the Garda Information Services Centre (GISC) or an associated networked station if required.
Those stations which cannot be networked are listed below by Division:
|
Division |
Number of Stations |
|
Laois/Offaly |
4 |
|
Westmeath |
2 |
|
Wicklow |
1 |
|
Cavan/Monaghan |
3 |
|
Sligo |
3 |
|
Kilkenny/Carlow |
5 |
|
Tipperary |
14 |
|
Waterford |
5 |
|
Wexford |
4 |
|
Cork - North |
4 |
|
Cork - West |
6 |
|
Kerry |
3 |
|
Limerick |
3 |
|
Clare |
3 |
|
Galway |
12 |
|
Mayo |
3 |
|
Roscommon |
2 |
|
Total |
77 (note:472 stations are networked, 15 are in the process of being networked) |
257. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality the Garda resources he plans to use to tackle rural crime; the position regarding Operation Thor; the way in which it is lowering rural crime; and if he will make a statement on the matter. [5662/18]
View answerI 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-related crime. Such incidents cannot be tolerated in our society and this Government will continue to support An Garda Síochána in tackling the gangs, including mobile criminal gangs, who target rural areas.
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 Districts and I, as Minister, have no direct role in the matter. However, I can assure the Deputy that Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that optimum use is made of these resources.
Very significant resources have been provided to An Garda Síochána, including an overtime allocation of almost €100 million announced in Budget 2018, to support large-scale policing operations including Operation Thor. It is also worth noting that Operation Thor has now entered its ‘Winter Phase’ which will run from 29 October 2017 – 1 April 2018.
The scale of Garda activity against burglary and property-related crime – under Operation Thor - has led to concentrated Garda activity resulting to date in over 105,790 targeted checkpoints and 99,210 crime prevention patrols nationwide. To give you an idea of the impact of the Operation, I can inform you that this concentrated policing activity has produced in the region of 6,600 arrests and 7,420 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.
The Capital Plan 2016–2021 provides for an investment of €46 million the Garda fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed, in the period 2013 to end of 2017 almost €44 million will have been invested in the fleet with some 2,000 vehicles coming on stream in that period vehicles to ensure that the Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. Some €342 million, including €217 million in additional funding under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in delivering professional policing and security services for the community.
These 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.
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. 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.
On 2 January 2018 I was pleased to announce that my Department will be providing an additional €50,000 in financial support to Community Text Alert Groups as a further measure in this Government's support to crime prevention. This is in addition to the €100,000 which I announced at the National Ploughing Championships in September 2017. The Rebate Scheme, which also ran in 2016, will allow Text Alert Groups registered with An Garda Síochána to apply for funding to contribute towards their yearly running costs. The Text Alert Rebate Scheme will be administered by Muintir na Tíre and I would like to urge groups wishing to participate in the Scheme to contact Muintir na Tíre for more information. The website is www.muintir.ie.
Other policing initiatives include Theft Stop which was launched by the Gardaí and the Irish Farmers Association. Theft Stop is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID (such as an EirCode) and then registered on a nationwide database.
The Deputy will be aware that An Garda Síochána's Modernisation and Renewal Programme 2016-2021 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. 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. Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.
The 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. 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.
258. Deputy Mick Wallace asked the Minister for Justice and Equality the details of all contracts awarded for the supply of the Garda National Immigration Bureau card; the names of the contracts; the companies they were awarded to; the dates awarded; the length and costs of the contracts; and if the contracts were tendered. [5707/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the contracts in question were put in place by An Garda Síochána. I will respond the Deputy when the information requested is available. I might add that since the end of 2017, a new regime of EU Residents Permits has replaced the Garda National Immigration Bureau card as outlined in my response to question 5708/18.
259. Deputy Mick Wallace asked the Minister for Justice and Equality the details of the contract awarded for the supply of the new Irish residence permit card; the name of the contract; the company it was awarded to; the date awarded; the length and cost of the contract; and if the contract was tendered. [5708/18]
View answerI am advised by the Irish Naturalisation and Immigration Service of my Department that an open tender procedure has been held for the supply of the Irish Residence Permit cards. A request for Tenders for the Supply of Polycarbonate Cards for the Irish EU Common Format Residence Permits dated 07 June 2017 was published on etenders.gov.ie and the Official Journal of the European Union (OJEU).
The contract award process is expected to be concluded in the coming weeks. Following the conclusion of the award, a Contract Award Notice (CAN) will be published on the OJEU. The CAN will contain the name of the company the contract was awarded to, the date it was awarded and the value of the contract.
The contract will be issued for a term of two years with an option to extend for a period or periods of up to 12 months with two such extensions.
260. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality his plans to increase the number of new Garda recruits in An Garda Síochána to more than 800 per year over the next number of years; and if he will make a statement on the matter. [5715/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
As the Deputy will be aware 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 achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 new Garda members to be recruited on a phased basis over the next two years in addition to the 2,800 that will have been recruited by the end of this year since the re-opening of the Garda College in September 2014. The number of planned new Garda members to be recruited each year is kept under constant review taking account of retirements to ensure a strength of 15,000 will be a achieved by 2021 and will be adjusted accordingly if necessary.
In considering the number of new Garda members to be recruited it is, of course, essential to ensure that An Garda Síochána has the capacity to train them without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims, and the public generally, are well served by their policing service.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.
I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 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 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, in the coming years.
261. Deputy James Browne asked the Minister for Justice and Equality the number of per capita Garda divisional figures here in tabular form; and if he will make a statement on the matter. [5722/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, 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 and the best possible policing service is provided to the general public.
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 Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division as appropriate.
I am advised by the Commissioner that recent census data is currently being incorporated into the personnel allocation model. I understand that Census information received on a specific county format is amended by the Garda Síochána Analysis Service to reflect Garda Divisional boundaries. However, it should be noted that ratios such as the number of Garda per head of population are not an appropriate tool to use when considering the allocation of Garda resources as they fail to take account of, among other things, the fact that crime levels and types can vary significantly among communities of similar population size.
As the Deputy will be aware, 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 achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 – a net increase of over 600 since the end of 2016.
I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 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 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 Division.
The information requested by the Deputy in relation to the number of Garda per capita by Garda Division is not readily available in my Department as the recording of the population by area is a matter for the Central Statistics Office. I have, however, set out in the following table for the Deputy’s information the Garda Strength by Division as of the 31 December 2017, the latest date for which figures are readily available:
|
Garda Strength by Division 31 December 2017 |
|
|
CAVAN/MONAGHAN |
329 |
|
CLARE |
309 |
|
CORK CITY |
666 |
|
CORK NORTH |
324 |
|
CORK WEST |
295 |
|
DMR EAST |
378 |
|
DMR NORTH |
670 |
|
DMR NORTH CENTRAL |
611 |
|
DMR SOUTH |
532 |
|
DMR SOUTH CENTRAL |
622 |
|
DMR WEST |
672 |
|
DONEGAL |
386 |
|
GALWAY |
580 |
|
KERRY |
319 |
|
KILDARE |
360 |
|
KILKENNY/CARLOW |
329 |
|
LAOIS/OFFALY |
339 |
|
LIMERICK |
558 |
|
LOUTH |
319 |
|
MAYO |
323 |
|
MEATH |
309 |
|
ROSCOMMON/LONGFORD |
310 |
|
SLIGO/LEITRIM |
304 |
|
TIPPERARY |
382 |
|
WATERFORD |
297 |
|
WESTMEATH |
270 |
|
WEXFORD |
292 |
|
WICKLOW |
305 |
262. Deputy James Browne asked the Minister for Justice and Equality his plans to alter the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016 to allow a person who was under 18 years of age at the time of an initial offence that did not relate to an offence committed against children or vulnerable adults, to have the offence deemed spent for the purposes of Garda clearance certificates to work with children or vulnerable adults; and if he will make a statement on the matter. [5723/18]
View answerI would refer the Deputy to Section 258 of the Children Act 2001, which makes certain provisions in relation to the subsequent treatment of offences which were committed before a person reaches the age of 18 years.
It sets out the circumstances in which a conviction against a person, who at the time was under 18, to be effectively discounted, including in relation to the need for subsequent disclosure of such offences.
At this time, there are no specific plans to amend the Criminal Justice (Spent Convictions and Certain Disclosures) Act 2016, but this legislation, and its relationship with the Children Act 2001, is kept under continuing review.
263. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality his plans to address the ongoing delays in the issuing of grants of probate and administrations from the Courts Service in relation to deceased estates in County Offaly; and if he will make a statement on the matter. [5782/18]
View answerThe Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the issue of grants of probate and administration for County Offaly are dealt with in the District Probate Registry in Mullingar and that there is a total of 12 applications currently on hand for County Offaly, the oldest application having been received on 27 December 2017. The Courts Service has also informed me that it expects that 3 of the current applications on hand for County Offaly will be finalised in the near future and that the balance have been returned to Solicitors with queries or are currently being processed.
The current waiting time for applications to be dealt with in the Mullingar District Probate Registry is 4/5 weeks once the applications received are fully and accurately completed and it is not necessary to raise queries thereon. The Courts Service has advised that there are no delays in the processing of applications for grants of probate or administration in respect of County Offaly.
264. Deputy John Curran asked the Minister for Justice and Equality the contact his Department has had with the Department of Employment Affairs and Social Protection in respect of reviewing the current maintenance and liable relative procedures in view of the changes to the one-parent family payment scheme and the fact that the Family Law Acts which place a legal obligation on parents to maintain their children are under the remit of his Department; and if he will make a statement on the matter. [5800/18]
View answerUnder Irish law, issues arising from disagreements about the provision of maintenance for dependent children, or failure by persons with maintenance responsibilities for children to provide proper maintenance, are determined by the courts. Relevant legislation in this area includes section 11 of the Guardianship of Infants Act 1964, the Family Law (Maintenance of Spouses and Children) Act 1976, section 8 of the Family Law Act 1995, section 13 of the Family Law (Divorce) Act 1996 and section 45 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010. The Children and Family Relationships Act 2015 provided for a number of improvements in the law relating to maintenance of children.
Policy relating to the One-Parent Family Payment is the responsibility of the Minister for Employment Affairs and Social Protection. The legislative provisions relating to "liable relatives" and a person's liability to maintain his or her children which specifically apply in respect of the One-Parent Family Payment are contained in the Social Welfare Acts and not in the family law legislation to which I have referred above.
There has been to date no contact between the Department of Employment Affairs and Social Protection and my Department in relation to reviewing the maintenance and “liable relative” provisions that apply at present in respect of the One-Parent Family Payment. However, I am aware from recent announcements of the Minister for Employment Affairs and Social Protection that her Department intends to undertake a review of those provisions and intends to engage with the Department of Justice and Equality shortly in relation to this matter. My officials and I are happy to participate in and contribute constructively to this review.
265. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a changed marital status has been updated on the file of a person (details supplied); and if he will make a statement on the matter. [5809/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to the request from the person concerned for an amendment to be made to their marital status for the purposes of INIS records, a representative of the INIS will be writing to the person concerned in the coming days with an indication as to how the matter in question can be resolved.
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.
266. Deputy Clare Daly asked the Minister for Justice and Equality the number of secondees from companies (details supplied) who are working in his Department. [5838/18]
View answerI would like to advise the Deputy that there are no secondees from the companies mentioned working in my Department.
267. Deputy Clare Daly asked the Minister for Justice and Equality if his attention was drawn to problems by persons in his Department which were highlighted to them by the Ombudsman regarding the terms, application and operation of the Magdalene restorative justice scheme prior to the commencement of the Ombudsman's report, Opportunity Lost. [5843/18]
View answerOn 15 September 2017, the Ombudsman submitted a draft of his investigative report into the administration of the scheme by my Department. On 13 October 2017, the Department issued its observations on the draft, which raised a number of factual, legal and practical issues in relation to the Ombudsman's analysis of the operation of the scheme. These issues were particularly relevant in relation to his principal draft recommendation that persons in other institutions - Industrial Schools for example - on the sites of the 12 named institutions covered by the Magdalen Scheme who worked in the laundries there should be covered by the scheme. The Department's response, which is at Appendix 1 of the published Report, was brought to my attention subsequent to its submission to the Ombudsman. On 23 November 2017 the Ombudsman's Report, which he titled 'Opportunity Lost', was published.
As I have stated before, full and careful consideration is being given to the recommendations in the Ombudsman's Report. In relation to his principal recommendation as outlined above, it will be necessary to carry out a full assessment of its administrative, resource and legal implications. A basic issue to be addressed is an estimation of the numbers involved. This will require an input from other Government Departments, for example from the Department of Education and Skills in terms of the numbers of residents in Industrial Schools who would have worked in the laundries in the Magdalen Institutions.
268. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if entitlement to legal aid exists for a person (details supplied) imprisoned in Turkey on a minor issue; and if he will make a statement on the matter. [5857/18]
View answerI refer the Deputy to my answer to his Parliamentary Question No. 522 of 16 January 2018. The position remains the same. The provision of legal aid under the Criminal Legal Aid Scheme applies within this State. The provisions of the Scheme do not apply outside this jurisdiction.
There is no other Scheme within my responsibility as Minister for Justice and Equality that provides for legal aid for a person accused in criminal proceedings in a foreign jurisdiction.
269. Deputy Michael Harty asked the Minister for Justice and Equality his plans for legislative change to put the use of community and local authority CCTV schemes on a solid legal footing; and if he will make a statement on the matter. [5950/18]
View answerI wish to inform the Deputy that there is already in place a statutory framework set out in section 38 of the Garda Síochána Act 2005 to provide the legal footing for the installation and operation of, amongst other things, community and local authority CCTV schemes for the sole or primary purpose of securing public order and safety in public places.
270. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the ongoing gangland wars can be immobilised in one way or another; if specific emergency legislation is required; if this will be considered; and if he will make a statement on the matter. [6019/18]
View answer271. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons killed in gangland associated attacks in the past ten years; his views on whether it is now time to introduce emergency legislation to deal with the situation; and if he will make a statement on the matter. [6020/18]
View answerI propose to take Questions Nos. 270 and 271 together.
I am advised by the Garda authorities that some 130 killings in the last ten years are considered to be related to organised crime.
In terms of introducing emergency legislation, the Deputy will appreciate that a comprehensive body of legislation exists to provide for the prosecution for offences relating to organised crime. I believe that An Garda Síochána, with the support of the significant additional resources provided to it by this Government, will prevail in facing down the threat of gangland violence in our communities. An Garda Síochána have faced down this type of threat in the past and will do so again. As such, I do not believe that additional emergency legislation is required at this time.
I can inform the Deputy that a number of legislative measures have been introduced to tackle gang-related and associated crime. For example, the recent Proceeds of Crime (Amendment) Act 2016 provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of has been introduced and I am pleased that the provisions of this Act are available to An Garda Síochána today.
I can assure the Deputy that officials from my Department and An Garda Síochána keep all criminal legislation under continuous review to see whether there might be a requirement to change to the law to further disrupt the operation of criminal groups who carry out these killings and who endanger the safety of our communities.
Gardaí have made significant progress in tackling the threat of organised crime, particularly in Dublin’s North Inner-City. Operation Hybrid has been established to coordinate the response to violent crime in Dublin and address public safety concerns about community safety, particularly in the North Inner City, and benefits from significant support by Armed Support Units. As of 21 January 2018 this response has included:
- 72 arrests.
- 13 charges in total (of which 10 charges related to murder investigations, 3 charges for related offences).
- 34 firearms seized (in relation to murder offences).
- In the region of 260 searches.
- 15,260 lines of enquiry conducted with more than 50,450 high visibility checkpoints implemented with significant support from Armed Support Units.
- A significant amount of CCTV footage, mobile phone traffic, and forensic evidence has also been examined.
In addition, the recent conviction in the Special Criminal Court of Eamonn Cumberton for the murder of Michael Barr in the Sunset House pub in April 2016, and the convictions of two other men, apprehended in possession of a large number of firearms, were feud related. They came about as a result of concentrated efforts by An Garda Síochána to tackle the perpetrators involved in this ongoing feud. We have also seen reports of a series of very significant drugs seizures by An Garda Síochána, as well as important seizures of significant banking information used to fuel the activities of organised criminals. These seizures have significantly hampered the ability of these gangs to operate.
An Garda Síochána will not allow these criminals to prevail. They will ensure that the perpetrators of these heinous crimes will be apprehended and brought to justice as quickly as possible and I can assure the Deputy that these endeavours will continue to be fully supported by the Government.
272. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána has available the names and membership of the various criminal gangs, those involved in ongoing feuds and-or others associated with them or independent of them; if all the membership continues to benefit from criminal activity; his views on whether it is now time to take emergency measures to deal with the issue; and if he will make a statement on the matter. [6021/18]
View answer274. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration has been given to proscribing the activities and membership of criminal gangs with particular reference to the urgent need to bring about a rapid cessation to the ongoing spate of violence; and if he will make a statement on the matter. [6023/18]
View answerI propose to take Questions Nos. 272 and 274 together.
I can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.
An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in tackling organised crime activity including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities.
In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the proceeds of crimes legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau.
Given the fluid nature of such groupings it is extremely difficult to quantify the number of criminal groups operating at a particular time. Splinter groups and new gangs can form overnight. Organised Crime is constantly evolving and new innovations in crime are continuously emerging.
The question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, has arisen from time to time.
In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have. Relationships in criminal gangs tend to be more fluid with shifting memberships, alliances and a membership which may depend on circumstance.
However, criminal legislation has been updated in recent years, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime.
Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.
The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.
Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act.
Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.
