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Tuesday, 13 Feb 2018

Written Answers Nos. 252-272

Parking Regulations

Questions (252)

Thomas P. Broughan

Question:

252. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of fixed penalty notices that have been issued for illegal parking at a location (details supplied) in each of the years 2015 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [6775/18]

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Written answers

As the Deputy will be aware, I have no direct role in relation to the administration of the fixed charge processing system (FCPS), or the enforcement of road traffic legislation which are matters for the Garda authorities.

However, I have made enquiries with An Garda Síochána and am advised that the area referenced by the Deputy is a cul-de-sac adjacent to a large shopping complex in the vicinity of four schools within Coolock Garda District. Garda authorities have indicated that they are not aware of any specific parking difficulties being experienced by residents in this area.  Notwithstanding the foregoing, I would encourage anyone with specific concerns to contact their local Garda station.  

I am further advised that, while it is not possible to provide a breakdown of the number of Fixed Charge Notices (FCNs) issued in respect of a specific location, I am informed that, to date in 2018, a total of 19 FCNs have been issued in Coolock Garda District for the offence of parking on double yellow lines, contrary to section 35(5) of the Road Traffic Act 1994, with 425 issued in 2017, 359 issued in 2016 and 651 issued in 2015.

These statistics provided by An Garda Síochána are operational, provisional and liable to change and are valid to 7 February 2018.

Public Sector Pensions

Questions (253)

Michael McGrath

Question:

253. Deputy Michael McGrath asked the Minister for Justice and Equality the detail of the calculation of the annual pension for a person (details supplied). [6782/18]

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Written answers

I understand that my Office has been in direct contact with the Deputy in relation to this matter. The Irish Prison Service will write directly to the person referred to by the Deputy with the information requested, referring to Deputy McGrath's inquiry.

Naturalisation Applications

Questions (254)

Seán Sherlock

Question:

254. Deputy Sean Sherlock asked the Minister for Justice and Equality the status of a naturalisation application by a person (details supplied) in County Kildare. [6821/18]

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Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application for a certificate of naturalisation from the person referred to by the Deputy was refused, for reasons provided to the person concerned, in a letter issued on 7 February 2018 advising of the decision.

It is open to any individual to lodge an application for a certificate of naturalisation if and when they are in a position to meet the statutory requirements as prescribed in the Irish Nationality and Citizenship Act 1956, as amended.  The fact that a person may have had an application refused does not preclude or disqualify them from submitting a fresh application in the future.  Indeed, the letter advising an applicant of a negative decision also informs them that they may re-apply for the grant of a certificate of naturalisation at any time.  The letter advises that, when considering making such a re-application, they should give due regard to the reasons for the refusal which were contained in the submission attached to the refusal letter and that any further application will be considered taking into account all statutory and administrative conditions applicable at the time of application.

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.

Closed-Circuit Television Systems

Questions (255)

Dara Calleary

Question:

255. Deputy Dara Calleary asked the Minister for Justice and Equality the process for applying for an extension to a CCTV scheme; the funding available for a community seeking the installation of a camera to counter anti-social behaviour; and if he will make a statement on the matter. [6822/18]

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Written answers

The Deputy will be aware that, in April 2017, in pursuance of a Programme for Government commitment, a Community-based CCTV grant-aid Scheme was launched by my Department to assist groups in the establishment of community-based CCTV systems in their local areas.

Under the Scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum grant of €40,000. Upon approval of the grant, the applicant will receive an up-front payment of 50% of the grant with the balance to be paid when the system is fully operational.

I am very conscious of the value that communities, especially rural communities, place on CCTV as a means of deterring crime and assisting in the detection of offenders and I would encourage interested groups to avail of the Scheme.

Full details of the Scheme, including eligibility guidelines, application forms, code of practice and other relevant documentation are all available to download from my Department's website - www.justice.ie.

Appointments to State Boards

Questions (256, 257, 258)

Donnchadh Ó Laoghaire

Question:

256. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the reason for the refusal to reappoint a person (details supplied) to the IHREC board despite meeting all requirements as set out in the criteria. [6925/18]

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Donnchadh Ó Laoghaire

Question:

257. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the reason for the emphasis and prioritisation of corporate governance and managerial expertise over experience in the field of human rights and equality when appointing to the board of IHREC. [6926/18]

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Donnchadh Ó Laoghaire

Question:

258. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on the selection process as a result of prioritising corporate governance; his further views on whether the strongest advocates from a human rights perspective have been excluded as a result; and if he will make a statement on the matter. [6927/18]

View answer

Written answers

I propose to take Questions Nos. 256 to 258, inclusive, together.

As the Deputy will appreciate, selection processes for appointments to State Boards are undertaken by the Public Appointments Service and I, as Minister, have no role in the matter. The Deputy will be aware that the State Boards process is designed to enable any person to apply to a position on a State Board. The Guidelines for Appointments to State Boards, which have been operational for over three years now, can be found at www.stateboards.ie.

I am advised that the Public Appointments Service undertook a selection process for appointments to the seven vacancies arising in the Irish Human Rights and Equality Commission in line with its Guidelines and on an independent basis so to conform to best practice for appointments to a National Human Rights Institution. A large number of applications were received from highly qualified persons for the Commissioner positions, reflecting the high level of interest that exists in the Commission. This resulted in a highly competitive selection process as there were many more qualified candidates than available positions on the Commission.

It is important that the Commission has a full complement of Commissioners so that it can get on with its important work.

Public Sector Pensions

Questions (259)

Brendan Howlin

Question:

259. Deputy Brendan Howlin asked the Minister for Justice and Equality the status of an application for an employment record in respect of a person (details supplied); and if he will make a statement on the matter. [6928/18]

View answer

Written answers

I wish to advise the Deputy that Officials in my Department are aware of the matters raised and are engaging directly with the individual concerned in an effort to get the relevant records required to establish entitlement to a pension.

Family Reunification Applications

Questions (260)

Bernard Durkan

Question:

260. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the procedure to be followed in the case of persons (details supplied); and if he will make a statement on the matter. [6941/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application to have three other persons enter and remain in the State under family reunification provisions. This application, made under section 18(4) of the Refugee Act 1996, as amended, was refused on 30 November 2017.

Given that the subjects of that unsuccessful family reunification application would appear to be outside the State, they could only seek to enter the State once they have established a valid basis for doing so, for example on foot of a Work Permit, a Critical Skills Employment Permit or to pursue an approved course of study in the State.

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.

Money Laundering

Questions (261)

Joan Burton

Question:

261. Deputy Joan Burton asked the Minister for Justice and Equality the number of companies which are dealt with under section 110 of the Taxes Consolidation Act 1997 which were under investigation for money laundering or breaching sanctions in each of the years 2015 to 2017; and if he will make a statement on the matter. [7033/18]

View answer

Written answers

I regret that I do not have readily available the information the Deputy is seeking. However I have sought a report from the Garda authorities and I will contact the Deputy again when this report is to hand.

Notwithstanding the above, the Deputy will be aware that the Minister has no role in relation to how investigations are conducted. It is the role of the Garda Commissioner and his management team to investigate instances of alleged criminality and prepare a file for the Director of Public Prosecutions (DPP). The DPP, who is independent in her function, will then decide whether or not a case will be prosecuted.

A deferred reply was forwarded to the Deputy under Standing Order 42A

Public Sector Pensions

Questions (262)

Alan Kelly

Question:

262. Deputy Alan Kelly asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding the effect of an allowance on payments; and if he will make a statement on the matter. [7039/18]

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Written answers

It should be noted that the pension entitlements of each member of An Garda Síochána are calculated individually based on the particular service details of the individual.

Estimates of pension entitlements for members of An Garda Síochána are available from my Department on request through the Garda Pensions Administration Section, Financial Shared Services, Killarney, Co. Kerry.

In relation to the specific circumstances outlined in the Deputy’s question, a retiring garda, taking account of their Gaeltacht allowance in calculating their pension entitlement, would receive an additional €2000 (€4,000 x 0.5 service decimal) in their annual pension as well as an additional €6,000 in their lump sum payment (€4,000 x 1.5 service decimal).

However, as the Deputy is probably aware, from the 6 April 1995 all new entrants to the public service, including members of An Garda Síochána, pay full class A PRSI contributions. Revised pension arrangements were also introduced which included provision for an employee pension contribution from pensionable pay and allowances in respect of personal pension benefits. When these changes were introduced rates of Garda pay and pensionable allowances for members appointed after 6 April 1995 were grossed up in order to compensate for the increase in their pension contribution. However the grossing up only included a small number of pensionable allowances. The arrangements regarding the payment of superannuation contributions payable on the allowances that were not grossed up, including the Gaeltacht allowance, are currently under review by my Department. It is, therefore, not possible at this stage to give a definitive figure in relation to superannuation contributions that would be due on retirement in the circumstances outlined.

Departmental Policy Reviews

Questions (263)

Donnchadh Ó Laoghaire

Question:

263. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of establishing a criminal justice inspectorate; and the estimated full-year running cost thereafter. [7045/18]

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Written answers

In November, 2015, my Department held an open policy debate with a broad range of agencies and civil society organisations in relation to the establishment of a new Criminal Justice Inspectorate as an option to fulfil the inspection function under the UN Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).  The consensus arising from the debate was that, although such an inspectorate had potential benefits, the OPCAT requirements would best be met by a separate, independent inspection mechanism.

No decision has been taken on the wider issue of establishing a criminal justice inspectorate.  The cost of such an inspectorate would depend on its remit and therefore it is not feasible to estimate costs at this stage.

Sentencing Policy

Questions (264)

Donnchadh Ó Laoghaire

Question:

264. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of establishing a sentencing council; and the estimated full-year running cost thereafter. [7046/18]

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Written answers

As the Deputy will be aware, judges are independent in the matter of sentencing, as in other matters concerning the exercise of judicial functions, subject only to the Constitution and the law.  In regard to sentencing, the approach of the Oireachtas has generally been to specify in law a maximum penalty for an offence, so that a court, having considered all the circumstances of a case, may impose an appropriate penalty up to that maximum. The court is required to impose a sentence which is proportionate not only to the crime but to the individual offender, in that process identifying where on the sentencing range the particular case should lie and then applying any mitigating factors which may be present. An important safeguard rests in the power of the Director of Public Prosecutions to apply to the Court of Appeal to review a sentence she regards as unduly lenient.

The Superior Courts have developed a substantial body of case law setting out general principles of sentencing. Sentencing practice was also developed by a steering committee of the Judiciary which developed the Irish Sentencing Committee website which was a pilot initiative designed to gather information about the range of sentences and other penalties that have been imposed for particular types of offences across court jurisdictions. The website can be accessed by members of the Judiciary and the public and is a valuable tool not only for members of the judiciary but also for lawyers, researchers and those concerned with the needs of victims and their families as well as members of the public.

The report of the Working Group on the Strategic Review of Penal Policy, published in July 2014, considered the issue of developing sentencing guidelines.  However, the majority of the Review Group took the view that the primary role of developing sentencing guidelines is the responsibility of the judiciary and does not lie in bringing forward detailed statutory based guidelines. It might also be noted that a Sentencing Council was not advocated by the Law Reform Commission in its Report on Mandatory Sentencing which was published in June 2013.

The Deputy may wish to note that, in 2014, the Court of Criminal Appeal issued a number of judgments which addressed the question of sentencing and which acknowledged the many factors that can be considered in individual cases which undermine the usefulness of direct comparisons between one case and another. Nonetheless, every effort to promote consistency should be made and in this respect it is appropriate for the courts to provide guidance on sentencing matters.

The Deputy will be aware that the Judicial Council Bill was published in June 2017 and is currently awaiting Committee Stage in Seanad Éireann.  The Bill provides for the establishment of a Judicial Council, the function of which will be to promote and maintain excellence in the exercise by judges of their judicial functions. The Council is specifically tasked with promoting an understanding of sentencing principles and practices among judges and persons other than judges. In this context, it will be assisted by a Sentencing Information Committee which will be responsible for the collation of sentencing information and the dissemination of that information.  The costs for the operation of that Committee have yet to be determined but were provisionally estimated at €400,000 for startup (including IT) costs and €200,000 for annual running costs.

Courts Service

Questions (265)

Donnchadh Ó Laoghaire

Question:

265. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of establishing a dedicated a family court system; and the estimated full-year running cost thereafter. [7047/18]

View answer

Written answers

My Department is currently working on the General Scheme of a Family Court Bill which will aim to streamline family law court processes, clarify jurisdictional issues and provide for a set of guiding principles to help ensure that the Family Court will operate in a user-friendly and efficient manner. The intention is to establish a dedicated Family Court within the existing court structures. As the Deputy will appreciate, it is essential that there is proper planning and consultation with relevant stakeholders in order to ensure that the development of a new family court structure can be implemented smoothly and efficiently.

My Department has established a working group, comprising officials from my Department, the Courts Service and the Legal Aid Board, to examine the operational aspects relating to the Family Court. The intention is that the working group will develop an overall architecture for the new family court structure. The working group is consulting with other relevant stakeholders. Key issues arising in consultations include family court venues and facilities, resources and capital investment in family courts and integration of relevant family and child services to provide the best possible family law outcomes. In this context, in so far as additional resources and capital investment are required this will be fully scoped out in the context of the necessary regulatory impact assessment that is needed to support the legislative reforms.

I hope to secure Government approval in the coming months for the General Scheme of a Family Court Bill and in that context to have a regulatory impact assessment incorporating an estimate of the necessary investment settled. Once the General Scheme has been approved by Government, it will be referred to the Office of the Parliamentary Counsel for drafting and to the relevant Oireachtas Committee for pre-legislative scrutiny.

Garda Youth Diversion Projects

Questions (266)

Donnchadh Ó Laoghaire

Question:

266. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the full-year running cost of Garda youth diversion projects and other youth justice services funded by his Department. [7048/18]

View answer

Written answers

In 2017, my Department provided €13,290,518 in grant funding to support the delivery of the nationwide network of Garda Youth Diversion Projects.  A further €1,372,178 in grant funding was provided to support a range of other activities, including project work relating to Local Drugs Task Forces, pilot mentoring initiatives and measures to support training and best practices.

In addition, the Probation Service provided €5,086,500  to support the operation of Young Persons Probation projects in 2017.

Garda Equipment

Questions (267)

Michael Fitzmaurice

Question:

267. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality further to Parliamentary Question No. 541 of 16 January 2018, the Garda stations in counties Roscommon and Galway that do not have access to the PULSE system due to a lack of broadband in their area; and if he will make a statement on the matter. [7049/18]

View answer

Written answers

As 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.

However, the Deputy will be aware from my response to Parliamentary Question No. 256 of 5 February 2018 that I have been informed by the Garda authorities that there are two Garda stations in Roscommon and 12 Garda stations in Galway that are not connected to the network, due to lack of broadband in the respective areas. I have been further informed by the Garda authorities that, for operational and security reasons, the locations of these stations cannot be released.

Where sites cannot be connected, for example where local broadband services are not yet available, I understand that other methods of providing members with network access are being explored, including the possibility of mobile technology.

I further understand that members in non-networked locations can contact the Garda Information Services Centre (GISC) or an associated networked station if required.

Garda Deployment

Questions (268)

Thomas P. Broughan

Question:

268. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to increase the number of gardaí attached to the community policing unit at Coolock Garda station; and if he will make a statement on the matter. [7079/18]

View answer

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.

As the Deputy will be aware, Coolock Garda Station forms part of the Dublin Metropolitan Region (D.M.R.) North Division. The Garda strength of the D.M.R. North Division on 31 December 2017 was 670, 103 of whom were assigned to Coolock Garda Station. Of those assigned to Coolock Garda Station 7 are community Gardaí. There are also 45 Garda Reserves and 39 Garda civilian staff 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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 assured by the 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. 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.  It is of course the case that all Gardaí have a role to play in community policing in carrying out their duties, not solely those assigned full-time as community Gardaí. 

I have previously stated that I welcome the strong emphasis that the Commissioner's Modernisation and Renewal Programme 2016-2021 places 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 and Community Policing Fora in every District. 

In terms of progress on this important initiative, I am informed 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 Garda Executive for implementation.

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.  To make this a reality for all the Government has in place a plan for an overall Garda workforce of 21,000 personnel by 2021 including 15,000 Garda members.

Real, tangible progress has been made towards this goal. Since reopening the Garda College in September 2014, nearly 1,600 new recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 23 have been allocated to Coolock Garda Station. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.

I am pleased to say 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 reach more than 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.

Undoubtedly, the on-going recruitment process will support all Garda activities and will enhance Garda visibility within our communities and the provision of effective community policing across all Garda Divisions including the DMR North Division. 

Garda Deployment

Questions (269)

Thomas P. Broughan

Question:

269. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to increase the number of gardaí and vehicles attached to the Garda armed support unit in the Dublin metropolitan region following the increase in serious and organised crime over the past few months; and if he will make a statement on the matter. [7080/18]

View answer

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.

At the request of the Commissioner in 2016, the Government moved decisively to strengthen Garda resources to deal with gang-related crime in the Dublin area.  Funding was approved for the establishment of a dedicated Armed Support Unit (ASU) for the Dublin Metropolitan Region in order to enhance armed support capability in Dublin and to free up the resources of the Emergency Response Unit.  Following a selection and training process, the ASU for the DMR became fully operational in December 2016 and is providing armed cover in the DMR on a 24 hour basis.

Members of the ASU are highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout the DMR.

I am informed that the detail of the number of Gardaí and resources allocated to the ASU is deemed to be operationally sensitive and cannot be disclosed for security reasons.

However, I am assured by the Commissioner that the training, equipment and personnel capacities of the Regional Armed Support Units including the Dublin Armed Support Unit and the Emergency Response Unit are kept under constant review with a view to ensuring that their functional capacity is kept at the optimum level.

This Government is committed to ensuring a strong and visible police presence throughout the country including on the streets of the capital 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 for an overall Garda workforce of 21,000 personnel by 2021 including 15,000 Garda members.

Real, tangible progress has been made towards this goal. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016. I am pleased that funding is in place to maintain this high level of investment in the Garda workforce. This year a further 800 new Garda Recruits will enter the Garda College - 200 of whom have already entered since 29 January. 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.

The investment in personnel I have outlined is complemented by substantial investment in resources across the board for An Garda Síochána. The Capital Plan 2016 – 2021 provides for an investment of €46 million the Garda fleet to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015.

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.

Undoubtedly, this investment in resources and the on-going recruitment process will support all Garda activities and enhance visibility within our communities and will enable the Commissioner to provide additional resources to tackle the scourge of organised crime in our communities.

Gangland Crime

Questions (270)

Thomas P. Broughan

Question:

270. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his plans to strengthen the law relating to membership and direction of criminal gangs; and if he will make a statement on the matter. [7081/18]

View answer

Written answers

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 proceeds of crime 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.

While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made.

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 here 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 also introduced aiding prosecution of the offences provided for under the Act. The Act also provides 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.

I am advised that An Garda Síochána continue to utilise all available legislation, including the provisions of the Criminal Justice Act 2006 referred to above, in their ongoing efforts to tackle organised crime activity.

Garda Deployment

Questions (271)

Bobby Aylward

Question:

271. Deputy Bobby Aylward asked the Minister for Justice and Equality the number of gardaí in the Carlow-Kilkenny Garda division for the years ending 31 December 2015, 2016 and 2017, respectively; and if he will make a statement on the matter. [7099/18]

View answer

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.

The Garda strength of the Kilkenny/Carlow  Division on 31 December 2017 was 329 with 26 Garda Reserves and 31 Garda civilian staff also 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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, of whom 49 have been assigned to the Kilkenny/Carlow Division.  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, including the Kilkenny/Carlow Division.

For the Deputy’s information I have set out in the following table the number of Gardaí attached to the Kilkenny/Carlow Division on 31 December in each of the years 2015 to 2017.

Kilkenny/Carlow Strength 2015-2017

2015

284

2016

296

2017

329

Garda Transport Data

Questions (272)

Bobby Aylward

Question:

272. Deputy Bobby Aylward asked the Minister for Justice and Equality the number of vehicles in the Garda fleet for the Carlow-Kilkenny Garda division registered ten years ago and over as of 31 December 2017; and if he will make a statement on the matter. [7100/18]

View answer

Written answers

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in light of his identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.

However, I am informed by the Garda authorities that there are some 81 Garda vehicles allocated to the Kilkenny/Carlow Division of which six (five in Kilkenny District and one in Carlow District) were registered over ten years ago.

The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda Fleet to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet and this is in addition to the investment of almost €30 million in the period 2013 to 2015.

In the period 2013 to end of 2017, some €44 million has been invested in the fleet with some 2,000 vehicles coming on stream in that period.

As of 23 January 2018, some 65% of the fleet is now less than four years old. This compares with the situation in 2012, for example, where in the region of 89% of the fleet was older than four years.

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