Wednesday, 23 May 2018

Written Answers Nos. 98-117

Special Educational Needs

Questions (98)

John Brassil

Question:

98. Deputy John Brassil asked the Minister for Education and Skills if the process for children with intellectual disabilities transitioning out of second level education will be reassessed; his views on new measures to implement an earlier programme of transition via a pilot rehabilitative training transition programme between the HSE and the National Council for Special Education; his further views on a comprehensive programme of career guidance services within the educational system for young persons with special needs who leave the special school system; and if he will make a statement on the matter. [22870/18]

Written answers

Minister for Education and Skills

Transitions at all stages and levels including starting school; the move from primary to post-primary school; moving between mainstream and special school settings and preparation for life after school can be a difficult time for all parents and students, including those with special educational needs. 

My Department has committed itself to a range of actions aimed at supporting effective transition from school to further or higher education and adult disability services, in order to ensure that students with disabilities can be supported to plan for their futures. This requires information on the options and supports, as well as ensuring schools, families, other Government Departments and Agencies work together to ensure the needs of students can be reasonably met.

My Department, together with the NCSE, SOLAS, Education and Training Boards (ETBs), HSE, Department of Employment Affairs & Social Protection among others have key roles to play in delivering on various actions to enable achievement of key strategic priorities, including transition from school to further or higher education and adult disability services.

The context of the proposal to develop a Rehabilitative Training Transition Programme between NCSE and HSE stems from a review of the HSE's current Rehabilitation Programme.

The outcome from that review pointed to the benefits of having a joint NCSE/Rehabilitative Training Transition programme for young people due to leave school and whose needs would indicate the need for Rehabilitative Training or a HSE funded day service. The development of such a programme would lead to a more seamless transition from one service to another and better prepare the young person for the significant transition from school to adult services and from childhood to adulthood.

I am pleased that a meeting between NCSE and HSE will be convened shortly to discuss how this might be advanced.

The Career Guidance Review, which is currently underway, is examining existing career guidance tools and career information for all post-primary/further education/higher education students and adults, currently in place across the education and training system in Ireland.

Departmental Contracts

Questions (99)

Mick Wallace

Question:

99. Deputy Mick Wallace asked the Minister for Justice and Equality if he is satisfied that all contracts a company (details supplied) holds with his Department and State agencies under his aegis have been tendered for; if his attention has been drawn to contracts awarded to the company that have not been tendered for; if his attention has been further drawn to contracts awarded to the company that have rolled over; and if he will make a statement on the matter. [21667/18]

Written answers

Minister for Justice and Equality

I wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 99 for answer on 23 May 2018 in which the Deputy asked if I was satisfied that all contracts Capita holds with my Department and State agencies under its aegis have been tendered for; if my attention has been drawn to contracts awarded to the company that have not been tendered for; if my attention has been further drawn to contracts awarded to the company that have rolled over; and if I will make a statement on the matter.

The information was sought from the agencies under the remit of my Department and it is a matter of regret that it has taken until now to collate the response.

The information requested is set out below.

I hope the information is of assistance.

I am advised that all of the contracts my Department holds with Capita have been properly tendered for.

By way of a general comment my Department seeks to ensure at all times that it is compliant with procurement law and Government policy and procedure when tendering for contracts. It utilises a central database to review expenditure in the Financial Management system and a centrally maintained contract management database is utilised to ensure that expenditure is on foot of appropriate procurement procedures. The vast majority of tender competitions are now being run by, or in conjunction with, the Office of Government Procurement (OGP).

In circumstances where tendering is deemed not feasible, as envisaged in circular 40/2002, approval is sought from the Procurement Officer. While every effort is made to minimise the number of supply arrangements which are reported under Circular 40/2002, there will always be some procurement arrangements which are required to be reported under this circular including for example in relation to the proprietary nature of goods and services where there is a sole supplier of the goods or services in question or where annual licensing renewals arise including for example in relation to ICT software and systems. There are other situations where tendering may not always be feasible, such as where specific specialist knowledge is required, where urgency is a factor or where it has been necessary to extend a pre-existing contract for a period of time pending new tender competitions being completed.

Insofar as the agencies under the aegis of my Department are concerned I have been advised by the Garda authorities that An Garda Síochána has a contract with Capita for the National Digital Radio Project, “Project Management Radio Communications and Control Room Technical Support”.

This contract is for the maintenance of the Integrated Communications and Control System and is a shared service between An Garda Síochána and the National Ambulance Service.

I am further advised that the original purchase was completed after a tender competition in September 2000. In 2010 the system was upgraded to cater for the migration of An Garda Síochána to the National Digital Radio Network and this was further upgraded to a shared solution with other State Agencies, following advice from the governance structures established under the National Digital Radio Service contract.

The Garda authorities intend to replace this contract as part of a planned procurement for a new Computer Aided Dispatch System. I have been informed that sanction has been sought from the Department of Public Expenditure and Reform to commence this procurement process.

Crime Investigation

Questions (100)

Maureen O'Sullivan

Question:

100. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on the establishment of a historical investigation unit here to deal with legacy issues; and if he will make a statement on the matter. [21107/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the investigation of crime is a matter for An Garda Síochána and the Garda Commissioner is responsible for the deployment of all Garda resources, including personnel.  I have no role in such matters.

I have been advised by the Garda authorities that in general terms responsibility for the investigation of criminal offences resides in the first instance with the Superintendent of the District where the offence was committed.

The Garda National Bureau of Criminal Investigation, under the command of the Assistant Commissioner for Special Crime Operations, holds a national investigative remit and it is specialised in the area of major crime investigation.  It undertakes and supports investigations on the direction of the Garda Commissioner.

The support provided includes using the expertise of the Serious Crime Review Team (SCRT) which was established in 2007 to provide independent review of historical investigations, including homicides. The purpose of a review conducted by the SCRT is to assist the Senior Investigating Officer with the criminal investigation. Such review is an independent examination of evidence and other material, gathered during investigation and to ensure that it conforms to approved standards; that the investigation has been thorough, conducted with integrity and objectivity; and to identify further investigative opportunities.

The range of other bureaux within Special Crime Operations support major investigations at a national level depending on the category of crime under investigation.

The investigation of terrorist-related offences falls under the remit of the Special Detective Unit under the command of Assistant Commissioner, Security and Intelligence. Other services within An Garda Síochána, such as the Analysis Service or the Technical Bureau, also provide support and assistance in the investigation and review of serious crimes.

The Deputy can be assured that in circumstances where historic, troubles-related offences have not been resolved, the investigations remain open and the Garda Authorities will and do follow up fully on any new evidence or information that becomes available to them, whether that comes from the public, from other police services or from their own investigations.

Garda Deployment

Questions (101)

Pat Casey

Question:

101. Deputy Pat Casey asked the Minister for Justice and Equality the roles, rank and number of gardaí and civilian personnel in the Wicklow district in tabular form; and if he will make a statement on the matter. [22765/18]

Written answers

Minister for Justice and Equality

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 the Wicklow District forms part of the Wicklow Division. I am informed by the Commissioner that on 30 April 2018, the latest date for which figures are readily available, the strength of the Wicklow Division was 305, of whom 92 were assigned to the Wicklow District. There are also 20 Garda Reserves and 27 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 Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.   

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To 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.

Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide of whom 31 have been assigned to the Wicklow Division. 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 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; some 400 of whom have already done so. In total, 800 Garda trainees are scheduled to attest during the year, some 200 of whom attested in March. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.

Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

In addition to the investment in more Gardaí, 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 Wicklow Division.

For the Deputy's information  I have set out in the following tables the number of Gardaí by rank and civilian personnel assigned to the Wicklow District on 30 April 2018, the latest date for which figures are currently available.

Wicklow District Garda Strength as of 30 April 2018

DISTRICT	Garda	Sergeant	Inspector	Superintendent	Chief Superintendent	Assistant Commissioner	Total
WICKLOW	77	12	2	1			92

Wicklow District Civilian Strength as of 30 April 2018

DISTRICT	EO	CO	Total
WICKLOW	1	8	9

Human Trafficking

Questions (102)

Mick Barry

Question:

102. Deputy Mick Barry asked the Minister for Justice and Equality the reason he has not responded to correspondence from the International Transport Federation of 29 March 2018 and 26 April 2018 regarding the trafficking of fishers in the Irish fishing fleet; and if he will make a statement on the matter. [22767/18]

Written answers

Minister for Justice and Equality

I am advised by officials of my Department that the correspondence referred to by the Deputy has been acknowledged and that officials are examining same and a response will issue within the time lines provided.

The Atypical Scheme for Sea Fishers was established as a cross Departmental response to address the matter of non-EEA workers on certain categories of vessels in the Irish fishing fleet.  A number of Departments are involved in the scheme and it is monitored by an Oversight Committee, chaired by the Department of Agriculture, Food and  Marine with members from relevant Departments and State Agencies. 

The application process includes the drawing up of a contract which includes, for example, payment of wages in line with the minimum wage, that the medical needs of the employee must be provided for by the employer and when an employment is terminated the employer must repatriate the employee to their home country.

This contract, prepared by a solicitor practising in the State on behalf of the employer, is submitted in the first instance to the Central Depository administered by the Department of Agriculture, Food and the Marine and thereafter an application is made to the Irish Naturalisation & Immigration Service of my Department for an immigration permission.

Any abuses or otherwise of the employment conditions of any non-EEA National in the Irish fishing industry is a matter for the Workplace Relations Commission, the Marine Survey Office, the Gardaí and other appropriate authorities of the State. 

My Department does not comment on correspondence it receives with third parties but any changes to the Atypical Working Scheme for fishermen will be a matter for the Oversight group to consider in the first instance and would also require the approval of Government.

Courts Service Data

Questions (103, 114)

Robert Troy

Question:

103. Deputy Robert Troy asked the Minister for Justice and Equality the average waiting time to have cases brought before all courts in each of the past three years in tabular form. [22790/18]

Bernard Durkan

Question:

114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which an adequate number of judges are being appointed to the various courts in order to minimise delays; and if he will make a statement on the matter. [22827/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 103 and 114 together.

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the Presidents of the Courts and the presiding judges who are, under the Constitution, independent in the exercise of their judicial functions.  

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that, in general, waiting times are being maintained or reduced across jurisdictions. The Presidents of the Courts keep waiting times under ongoing review. The Courts Service continues to work with the Presidents and the judiciary to improve waiting times and, where specific issues are identified, resources are targeted at areas of greatest need. Additional sittings are arranged where necessary and possible within resources available.

The Courts Service has further advised that delays in the hearing of cases can occur for a number of reasons, many of which are outside the control of the Courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments which can have a major impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting. Increased volumes of cases coming before the courts, increased complexity of cases, leading to longer hearing times, and new areas of litigation can also impact on waiting times. 

Tables outlining the waiting times in each court at December 2015, 2016 and 2017 can be found at the link at the end of this reply. The Courts Service has informed me that waiting times refer to the time taken from when a case is indicated as ready to proceed and it coming before the court. The average waiting times for the various courts for 2015 and 2016 are provided in the Courts Service Annual Reports and the average waiting times for 2017 will be published in the 2017 Annual Report.

As the Deputy will be aware, judicial appointments are made by the President acting on the advice of the Government in accordance with articles 13.9 and 35.1 of the Constitution. The following number of judicial appointments have been made since 2015 to fill vacancies and implement legislative changes to judicial numbers:

2015 - 15

2016 - 11

2017 - 16

2018 to date - 5

The Government endeavours to ensure that all judicial vacancies at all jurisdictional levels are filled as quickly as possible. Judicial resources available to the courts are kept under ongoing review and applications for additional judicial resources from the Chief Justice and the Presidents of the Courts are fully considered to ensure that the courts have adequate judicial resources.

Furthermore, as the Deputy may be aware, a Group to review the administration of civil justice in the State, chaired by the President of the High Court Mr. Justice Peter Kelly, was established in 2017. This Group is to report to me within two years, and will make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court.

Average Waiting Time

Criminal Prosecutions Data

Questions (104)

Thomas P. Broughan

Question:

104. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of prosecutions taken by An Garda Síochána in respect of unlicensed gaming activity for non-compliance with gaming licensing requirements in each of the years 2014 to 2017 and to date in 2018 in each Garda district in Dublin in tabular form; and the number of those that led to successful convictions. [22793/18]

Written answers

Minister for Justice and Equality

I have requested a report from the Garda authorities regarding the information sought by the Deputy and I will contact him directly when the report is to hand.

A referred reply was forwarded to the Deputy under Standing Order 42A.

Gangland Crime

Questions (105)

Bernard Durkan

Question:

105. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the identity of the membership of criminal gangs is known; if such membership can be targeted in order to limit the activity and influence of such gangs; and if he will make a statement on the matter. [22818/18]

Written answers

Minister for Justice and Equality

As I have indicated previously, 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. 

The Deputy will be aware that significant additional resources have been allocated and deployed by An Garda Síochána in the last few years to target the activities of criminal gangs.  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 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 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 (as amended) 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 an 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.

Prisoner Data

Questions (106)

Bernard Durkan

Question:

106. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which criminal gang members have been offered rehabilitative or educational training while in prison; the number that have had more than one referral for such training; and if he will make a statement on the matter. [22819/18]

Written answers

Minister for Justice and Equality

I wish to advise the Deputy that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.

The manner in which education and training records are collated does not provide for statistics on the extent to which criminal gang members have been offered rehabilitative or educational training while in prison or the number that have had more than one referral for such training.

Garda Policing Plans

Questions (107)

Bernard Durkan

Question:

107. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the structures of An Garda Síochána are adequate to meet the challenges of modern criminality; his plans to modernise same including the use of technology; and if he will make a statement on the matter. [22820/18]

Written answers

Minister for Justice and Equality

As the Deputy will be aware 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 Government approved a major Five Year Reform and High Level Workforce Plan for An Garda Síochána in July 2016 based on the implementation of the Garda Inspectorate’s recommendations contained in its report "Changing Policing in Ireland" in tandem with the delivery of the Government’s commitments in relation to increasing the overall Garda workforce. The Commissioner's Modernisation and Renewal Programme 2016-2021 will be the vehicle through which the agreed recommendations of the Inspectorate Report, the bulk of which have been accepted, will be implemented. 

The key structural change under the Five Year Reform and High-level Workforce Plan is the replacement of the current District model of policing with a Divisional model where responsibilities will be allocated on a functional rather than geographical basis, subject to modifications to ensure the close relationship with communities is maintained in both urban and rural areas.

The Divisional model is being out on a phased basis starting with a pilot programme. The four Divisions of DMR South Central, Cork City, Galway and Mayo have been selected for the pilot in order to provide a mix of urban and rural policing environments. This new model will support the more flexible and effective deployment of Garda resources.

It should be noted 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.

I am informed by the Garda authorities that ICT is recognised as an essential tool for supporting the day-to-day operations of over 16,000 Garda members, Garda reserves and civilian staff. On an annual basis, approximately 13.5 million vehicle registrations are read by the Automated Number Plate Recognition System, 1.9 million records are exchanged electronically with the Court Services, 9.3 million PULSE searches are conducted, 19.5 million TETRA secure digital radio calls are made and 118,000 fingerprints are searched.

The Commissioner’s 5-year Modernisation and Renewal Programme 2016-2021 sets out a series of initiatives including those which will enable An Garda Síochána deploy the latest cutting-edge technologies in the fight against crime.  In support of this plan, some €342 million, including €217 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021.

In this context, a broad range of ICT projects are being delivered to support existing systems and develop them further, with the overall goal of supporting the ongoing business requirements of An Garda Síochána in all fields.

Some key ICT projects include:

-  a new Property & Exhibits Management system, which has been deployed to record all property and exhibits which come into Garda possession and to manage them from scene to court.

-  A new e-Vetting system is now operational which provides online processing of applications for Garda vetting for persons working with children and vulnerable persons. This system won the national eGovernment Award for 2017.

-  A new Anti-Money Laundering application (GoAML) which supports Financial Intelligence Units to counter Organised Crime and Terrorist Financing and Money Laundering was implemented in June 2017.

-   new Enterprise Content Management System, to provide An Garda Síochána with a single enterprise content repository for all documentation and multimedia content created. A pilot of this system has been completed and rollout to all Divisions is currently being progressed.

-  Enhancement of the PULSE system, to include Individual Victim Assessment and Victim Engagement screens and to include new functionality to enable Garda supervisors monitor the progress of incidents from initial data input right through to court outcome stage.

-  A new Performance, Accountability and Learning Framework System has been developed to support performance assessment and development for all Gardaí. National rollout is currently underway.

-  A new system operational since May 2017 enables the electronic capture of the details of all emergency calls to those Garda Divisional control rooms

-  A new Intelligence Management System is operational and provides a single secure repository of sensitive intelligence gathered by operational members.

-  A project to enhance network access to rural Garda stations is being progressed. Work on this project is well advanced and over 470 stations are now connected to the Garda network.

-  A new Crime Investigations Management System is currently being developed and is planned to commence pilot implementation in late 2018. The system will allow for the management of activities completed as part of an investigation, maintain a full history of the chain of events in an investigation, manage information gathered, and decisions/actions taken. It will also integrate closely with the new Document and Content Management System, the new Property and Exhibits Management System, and other Garda IT systems such as PULSE.

-  A project to implement a new Rosters and Duty Management System is currently underway.  A pilot of the system is planned to commence in the first half of 2018.

-  A project to provide mobile access for front line Gardaí, via a smartphone device, to Garda Information Systems including PULSE is currently being advanced. A pilot of the mobile solution is currently in progress in the Limerick Garda Division, which will be evaluated on completion as part of consideration of further rollout.

-  Preparatory work is now being completed on a future project intended to implement a new national Computer Aided Dispatch System to manage the capture of the details of all emergency calls and the dispatch of resources to the incident has commenced.

In addition, An Garda Síochána, in collaboration with the Department of Justice and Equality, is actively progressing a number of EU ICT Projects to improve police co-operation and increase border security within the EU Community. These include:

-  implementation of the FIND solution which is now operational enabling the Garda National Immigration Bureau to query the Interpol Stolen Lost Travel Document Database (STLD);

-  implementation of the PRÜM initiative which delivers enhancements to the Automated Finger Printing System to step up cross-border cooperation in relation to terrorism, crime and illegal immigration; and

-  implementation of the Schengen Information System which is planned to be ready for evaluation by the EU Commission by mid 2019 and which will enable the rapid dissemination of information pertaining to organised crime targets and terrorist threats and other subversive and non-subversive crime types across members’ states of the European Union.

The investment in resources and reforms being driven by the Modernisation and Renewal Programme will support all Garda activities and enable the Commissioner to deploy the significant resources available to An Garda Síochána to effectively tackle the challenges of modern criminality.

Finally, the Deputy will be aware that the Commission on the Future of Policing in Ireland was established by Government in April 2017 to undertake an independent, comprehensive examination of all aspects of policing including the structures of An Garda Síochána. The Commission is to report by September this year and I look forward to its recommendations.

Prisoner Data

Questions (108, 116, 117)

Bernard Durkan

Question:

108. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners incarcerated in high security or moderate security prisons to date; the extent to which the numbers are subject to fluctuation; and if he will make a statement on the matter. [22821/18]

Bernard Durkan

Question:

116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of males and females serving prison sentences; the degree to which the numbers have fluctuated in the past two years; and if he will make a statement on the matter. [22829/18]

Bernard Durkan

Question:

117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prison spaces available in all prisons throughout the country; the number of instances where more than one person shares a cell; and if he will make a statement on the matter. [22830/18]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 108, 116 and 117 together.

As the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie. This breakdown includes the number of prisoners incarcerated in each prison including Portlaoise Prison, Irelands only maximum security prison and also provides a breakdown of male and female prisoners.  The information can be found in the Information Centre – under Statistics & Information – Daily Prisoner Population.

The Irish Prison Service also collates a quarterly census on cell occupancy and this information is also available on the Irish Prison Service website www.irishprisons.ie. The information can be found in the Information Centre – under Statistics & Information – Census Reports.

Immigration Policy

Questions (109)

Bernard Durkan

Question:

109. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to offer stamp 4 or other residency status to immigrants who have been here for more than five years and have established strong links here; and if he will make a statement on the matter. [22822/18]

Written answers

Minister for Justice and Equality

Ireland operates a very open immigration system with many legal pathways open to persons who apply to come here in accordance with the immigration laws in place in the State. The purpose for which someone intends to reside in the State determines their immigration status and the specific conditions attached to their permission is reflected in the type of immigration stamp provided. 

The Irish Naturalisation & Immigration Service (INIS) of my Department operates a wide range of schemes for various categories of persons, including, international students, workers, business persons, family members and a wide range of other categories such as retirees, volunteers and ministers of religion. 

In addition, once a person is in the State on a specific permission, there are a number of ways in which someone, because of changed circumstances may seek to alter their immigration permission.  For example, a non-EEA holder of five consecutive employment permits may apply for Long Term Residency subject to eligibility requirements or a non-EEA Critical Skills employment permit holder or Researcher may apply for a similar status after two years.  In addition, there are schemes in place for persons who marry or are partners of Irish citizens, etc. The full range of schemes are set-out on the INIS website (inis.gov.ie).  These schemes are designed to be flexible and to cater for changing circumstances of applicants. Accordingly, there are no plans to introduce a time based scheme along the lines proposed by the Deputy.

Direct Provision Data

Questions (110)

Bernard Durkan

Question:

110. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of refugees or asylum seekers awaiting a decision on their residency and remaining in direct provision facilities; and if he will make a statement on the matter. [22823/18]

Written answers

Minister for Justice and Equality

On 31 December 2016, the International Protection Act 2015 (IPA 2015) was commenced, providing for the introduction of a single application procedure for people seeking international protection in the State. The 2015 Act replaces the previous sequential application system with a single application process, for asylum, subsidiary protection and permission to remain in the State. This brings Ireland into line with the processing arrangements applicable in other EU Member States. However, the Act also contained transitional arrangements, which has put further pressures on the processing of applications.  The main challenge now faced is the need to quickly process the substantial number of cases on hand many of which were carried over from the previous system. 

As of 17 May 2018, there are a total of 3,002 applications for international protection pending in the International Protection Office awaiting a first instance decision, where the applicant is accommodated under the system of direct provision.  Over half of these cases are less than one year in the system and 95% are two years or less. This is a major improvement from the situation when the McMahon Working Group reported on the matter in June 2015.

Some 535 of the 3,002 pending applications were made before the commencement of the 2015 Act but were not finalised by the former Office of the Refugee Applications Commissioner (ORAC) and the former Refugee Appeals Tribunal (RAT) by that date. These applications reverted to be processed by the IPO under the transitional provisions of the International Protection Act 2015.

Persons who are recognised as refugees or as beneficiaries of subsidiary protection have already had their status determined.

Criminal Legal Aid

Questions (111)

Bernard Durkan

Question:

111. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans for a review of the criminal legal aid programme with particular reference to its application to repeat offenders; and if he will make a statement on the matter. [22824/18]

Written answers

Minister for Justice and Equality

As the Deputy is aware the Criminal Legal Aid Scheme is a vital element of the criminal justice system.  The Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings.  Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid.  An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves.  The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid.  An applicant's previous convictions are not a criterion for access to legal aid under the Act.  I have no function in these matters which are determined by the judiciary.

These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments.  The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right.  Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution.  The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.

My Department is preparing a draft General Scheme of a Criminal Justice (Legal Aid) Bill, the key purpose of which is to transfer the administration of the Criminal Legal Aid Scheme to the Legal Aid Board and to give effect to Government Programme commitments in respect of criminal legal aid, including introducing a more rigorous and objective means testing system for criminal legal aid, provision for contributions, and new sanctions.  It is my intention to seek approval of Government for the General Scheme of the Bill and submit it to the Oireachtas for pre-legislative scrutiny as early as is practicable.

Community Policing

Questions (112)

Bernard Durkan

Question:

112. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which local or community policing is likely to develop throughout County Kildare in the foreseeable future; and if he will make a statement on the matter. [22825/18]

Written answers

Minister for Justice and Equality

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.  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.  

I am informed by the Commissioner that the Garda strength of the Kildare Division on 30 April 2018, the latest date for which figures are currently available, was 365 Gardaí with 19 Garda Reserves and 30 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.  Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 85 have been assigned to the Kildare Division.

The Deputy will be aware that the Government has, in its Programme for a Partnership Government, recognised the importance of community policing. It commits the Government to ensuring visible, effective and responsive policing in every community throughout the country in order to provide reassurance to citizens and prevent crime.  This commitment is underlined by very significant investments in Garda resources.

In addition to an allocation of almost €100 million for Garda overtime to support anti-crime operations in 2018, the Government's Capital Plan 2016 – 2021 also provides for significant resourcing of An Garda Síochána. Some €46 million was allocated for investment in 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 fleet in the period 2013 to 2015. In total 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.

Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 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. 

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.

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 anticipates that a number of Community Policing Teams will be established on a pilot basis this year.

Furthermore, 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.

I am advised that community policing continues to be a key aspect of the Garda approach to the prevention and detection of crime. Gardaí engage with a wide range of community based groups, as well in more formal settings such as Joint Policing Committees, to ensure that local issues can be aired and appropriate partnerships formed with communities to address matters of concern. Gardaí also support over 3,700 Community Alert and Neighbourhood Watch Schemes nationwide, and these form an important partnership with An Garda Síochána to prevent crime and protect communities, especially the elderly and more vulnerable persons. In addition, the Garda Text Alert Scheme provides an effective means for Gardaí to communicate crime prevention information to local communities.

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. This year a further 800 new Garda Recruits will enter the Garda College. Also a further 600 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 conclusion, all Garda activities, including community policing, will undoubtedly, support all Garda activities and will enhance the provision of effective community policing throughout the country.

Garda Youth Diversion Projects

Questions (113)

Bernard Durkan

Question:

113. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he continues to support programmes to encourage young persons off the streets; and if he will make a statement on the matter. [22826/18]

Written answers

Minister for Justice and Equality

The statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The operation of the Garda 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 or anti-social behaviour. They aim to support young people to develop and mature through positive interventions and interactions with a local project.  GYDPs provide a range of education and training programmes e.g. academic support, IT, employment preparation and specific job training.

My Department is currently running an extensive consultation process on the future development of GYDP services.

At present there are 105 GYDPs operating nationally which provided GYDP services to 3,765 participants during 2017.

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.

From 2015, GYDPs have been co-funded under the Programme for Employability Inclusion and Learning of the European Social Fund (ESF) 2014-2020.

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

Question No. 114 answered with Question No. 103.

Garda Data

Questions (115)

Bernard Durkan

Question:

115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of gardaí in training in Templemore; when they are expected to take up duty throughout the country; and if he will make a statement on the matter. [22828/18]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

I am further informed by the Commissioner that on the 30 April 2018, the latest date for which figures are readily available, the strength of An Garda Síochána was 13,632. There are also 562 Garda Reserves and more than 2,280 civilians attached to An Garda Síochána.

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.

Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. 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 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; some 400 of whom have already done so. There are currently 614 trainee Gardaí attached to Phase 1 of the training programme in the College. In total, 800 Garda trainees are scheduled to attest during the year, some 200 of whom attested in March.

Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

In addition to the investment in more Gardaí, 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.

We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within both urban and rural communities and will enable the Commissioner to provide additional resources across every Garda Division.

For the Deputy's information I have set out in the following tables details of the planned Garda recruit intakes and attestations for the remainder of 2018. 

Scheduled Garda Recruits Intakes 2018

Date	Numbers
July 2018	200
Oct 2018	200

 

Scheduled Garda Trainee Attestations 2018

Date	Expected No. of Trainees
June 2018	200
Sept 2018	200
Nov 2018	200

Questions Nos. 116 and 117 answered with Question No. 108.