Written Answers Nos. 514-535
514. Deputy John Brassil asked the Minister for Justice and Equality if Caherciveen Garda station will be reopened; his plans to appoint the requisite gardaí to facilitate same; and if he will make a statement on the matter. [25095/18]
View answer532. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if a series of matters (details supplied) regarding public order issues in an area in County Kerry will be examined; and if he will make a statement on the matter. [25448/18]
View answerI propose to take Questions Nos. 514 and 532 together.
As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel and Garda station opening hours, 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 advised that Caherciveen Garda station is open to the public from 9am to 5pm Monday to Sunday. It is important to remember that while the Garda station in question has reduced opening hours to the public, it is a functioning Garda station on a 24 hour basis.
I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division which ensures local Garda management has the flexibility to deploy Garda resources to meet operational needs and address critical issues as they arise taking account of, amongst other factors, the incidence of crime and crime trends in each District in the Division.
As the Deputy will be aware Caherciveen forms part of the Killarney Garda District. I am further informed that on 30 April 2018, the latest date for which information is readily available the strength of the District was 107, including one Superintendent District officer based in District Headquarters, in Killarney Garda Station, and 18 Gardaí assigned to Caherciveen Garda Station. 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.
I can assure the Deputy that this Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. 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 including 29 to the Kerry 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, with a further 200 attesting this Friday. Furthermore, 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 the Public Appointment Service on behalf of the Commissioner recently launched a new recruitment drive with a closing date of 7 June. Successful candidates from this new competition are expected to enter the Garda College in the second quarter of 2019.
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. 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 our communities and will enable the Commissioner to provide additional resources across every Garda District, including the Killarney District as new Garda recruits continue to come on stream.
515. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the participation rates of prisoners in education during their sentences by prison; the budget for the provision of such services in 2017 and to date in 2018; the access to education for prisoners on restricted regimes; the number of prisoners completing further or higher education; and if he will make a statement on the matter. [25098/18]
View answerI wish to advise the Deputy that from 01 January 2018 to end April 2018, 31.85% of the overall prison population attended the prison education centres. A breakdown by prison is provided in the following table.
Education - Participation Rates
|
Institution |
January2018 |
February2018 |
March2018 |
April 2018 |
|
Arbour Hill |
70.9% |
50.0% |
52.6% |
46.8% |
|
Castlerea |
45.5% |
33.1% |
33.6% |
33.8% |
|
Cloverhill |
22.9% |
19.0% |
17.2% |
17.1% |
|
Cork |
46.0% |
38.6% |
34.7% |
32.9% |
|
Limerick |
43.7% |
36.5% |
33.9% |
46.2% |
|
Loughan House |
81.7% |
59.7% |
61.2% |
33.9% |
|
Midlands |
37.8% |
27.4% |
25.0% |
58.5% |
|
Mountjoy Female |
54.0% |
39.5% |
36.9% |
26.5% |
|
Mountjoy Male |
19.8% |
19.5% |
16.7% |
18.0% |
|
Mountjoy West |
58.1% |
42.5% |
47.0% |
35.9% |
|
Portlaoise |
50.2% |
44.2% |
42.1% |
45.7% |
|
Shelton Abbey |
55.7% |
42.3% |
42.6% |
49.5% |
|
Wheatfield |
23.8% |
19.4% |
15.2% |
19.6% |
|
Average All Prisons |
38.8% |
30.4% |
28.9% |
29.3% |
The Education budget for 2017 was €1,065m, this covers education fees, materials and equipment. The 2018 budget allocation is €1,265m.
There are currently 57 prisoners completing Open University courses.
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 can encourage them to lead law abiding lives on release.
Prison Management take all reasonable steps to ensure that all prisoners who request access to education are provided with educational support. Education classes are provided to those who are on restricted regimes where possible and all prisoners have access to reading materials, education and art resources on request.
516. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of category A complaints submitted in 2017 and to date in 2018 by prison in tabular form; the length of time taken to complete each one and communicate the outcome of the decision to the complainant; and if he will make a statement on the matter. [25099/18]
View answerI wish to advise the Deputy that the information requested is contained in the following table.
I am advised by my officials in the Irish Prison Service that under the Irish Prison Service Complaints system, the outcome of each complaint should be communicated by the Governor to the complainant and the subject of the complaint within 14 days of date of receipt of the final investigation report.
I am further advised that there is a requirement to carry out investigations within a 3 month timeframe. In some cases this is not always feasible due to a number of operational factors, such as the availability of the complainant and/or subject/s for interview purposes, access to medical records and other similar issues. In such cases Investigators are required to submit a preliminary report and extensions of time to complete investigations are sanctioned on a case by case basis.
|
- |
Prison where complaint was made |
Date Assigned |
Date report received |
Number of Days |
|
2017 |
||||
|
Arbour Hill |
27/11/2017 |
12/01/2018 |
45 |
|
|
Arbour Hill Total |
1 |
|||
|
Castlerea |
11/10/2017 |
23/11/2017 |
42 |
|
|
Castlerea |
03/01/2018 |
27/02/2018 |
54 |
|
|
Castlerea |
08/11/2017 |
12/01/2018 |
64 |
|
|
Castlerea |
15/05/2017 |
30/07/2017 |
75 |
|
|
Castlerea |
22/05/2017 |
08/08/2017 |
76 |
|
|
Castlerea |
09/08/2017 |
01/11/2017 |
82 |
|
|
Castlerea |
09/08/2017 |
02/11/2017 |
83 |
|
|
Castlerea |
27/09/2017 |
09/05/2018 |
222 |
|
|
Castlerea |
29/11/2017 |
22/01/2018 |
53 |
|
|
Castlerea Total |
9 |
|||
|
Cloverhill |
09/08/2017 |
29/08/2017 |
20 |
|
|
Cloverhill |
10/07/2017 |
21/08/2017 |
41 |
|
|
Cloverhill |
10/07/2017 |
21/08/2017 |
41 |
|
|
Cloverhill |
11/05/2017 |
01/07/2017 |
50 |
|
|
Cloverhill |
01/06/2017 |
21/07/2017 |
50 |
|
|
Cloverhill |
07/07/2017 |
28/08/2017 |
51 |
|
|
Cloverhill |
03/10/2017 |
27/11/2017 |
54 |
|
|
Cloverhill |
21/07/2017 |
05/10/2017 |
74 |
|
|
Cloverhill |
21/07/2017 |
06/10/2017 |
75 |
|
|
Cloverhill |
08/12/2017 |
26/02/2018 |
78 |
|
|
Cloverhill |
24/01/2017 |
23/04/2017 |
89 |
|
|
Cloverhill |
20/06/2017 |
14/11/2017 |
144 |
|
|
Cloverhill Total |
12 |
|||
|
Cork |
09/08/2017 |
13/10/2017 |
64 |
|
|
Cork |
26/09/2017 |
22/12/2017 |
86 |
|
|
Cork |
26/07/2017 |
08/11/2017 |
102 |
|
|
Cork |
27/02/2017 |
06/06/2017 |
99 |
|
|
Cork |
26/07/2017 |
14/11/2017 |
108 |
|
|
Cork Total |
5 |
|||
|
Limerick |
01/02/2017 |
25/07/2017 |
174 |
|
|
Limerick |
20/06/2017 |
04/01/2018 |
194 |
|
|
Limerick |
23/03/2017 |
18/07/2017 |
115 |
|
|
Limerick Total |
3 |
|||
|
Midlands |
24/07/2017 |
21/09/2017 |
57 |
|
|
Midlands |
07/11/2017 |
05/01/2018 |
58 |
|
|
Midlands |
07/11/2017 |
05/01/2018 |
58 |
|
|
Midlands |
11/10/2017 |
05/01/2018 |
84 |
|
|
Midlands |
07/09/2017 |
04/12/2017 |
87 |
|
|
Midlands |
07/02/2017 |
06/05/2017 |
89 |
|
|
Midlands |
24/07/2017 |
25/10/2017 |
91 |
|
|
Midlands |
14/07/2017 |
24/10/2017 |
100 |
|
|
Midlands |
12/07/2017 |
03/11/2017 |
111 |
|
|
Midlands |
12/05/2017 |
05/09/2017 |
113 |
|
|
Midlands |
07/02/2017 |
28/08/2017 |
201 |
|
|
Midlands |
07/02/2017 |
10/01/2018 |
333 |
|
|
Midlands |
09/08/2017 |
19/10/2017 |
70 |
|
|
Midlands |
01/11/2017 |
31/01/2018 |
90 |
|
|
Midlands |
15/05/2017 |
20/06/2017 |
35 |
|
|
Midlands Total |
15 |
|||
|
Mountjoy |
07/09/2017 |
02/11/2017 |
55 |
|
|
Mountjoy |
31/01/2017 |
04/04/17 |
64 |
|
|
Mountjoy |
04/01/2018 |
22/03/2018 |
78 |
|
|
Mountjoy |
27/07/2017 |
26/10/2017 |
89 |
|
|
Mountjoy |
27/09/2017 |
09/01/2018 |
102 |
|
|
Mountjoy |
24/08/2017 |
12/12/2017 |
108 |
|
|
Mountjoy |
13/09/2017 |
14/11/2017 |
61 |
|
|
Mountjoy |
23/05/2017 |
06/06/2017 |
13 |
|
|
Mountjoy |
09/08/2017 |
24/10/2017 |
75 |
|
|
Mountjoy Total |
9 |
|||
|
Portlaoise |
17/01/2017 |
01/03/2017 |
44 |
|
|
Portlaoise |
13/02/2017 |
21/04/2017 |
68 |
|
|
Portlaoise |
01/02/2017 |
10/05/2017 |
99 |
|
|
Portlaoise |
13/02/2017 |
15/07/2017 |
152 |
|
|
Portlaoise |
15/03/2017 |
11/07/2017 |
116 |
|
|
Portlaoise |
01/06/2017 |
01/09/2017 |
90 |
|
|
Portlaoise Total |
6 |
|||
|
Wheatfield |
23/03/2017 |
28/07/2017 |
125 |
|
|
Wheatfield |
13/02/2017 |
15/07/2017 |
152 |
|
|
Wheatfield |
28/03/2017 |
09/06/2017 |
71 |
|
|
Wheatfield |
16/06/2017 |
17/12/2017 |
181 |
|
|
Wheatfield Total |
4 |
|||
|
2018 |
||||
|
Castlerea |
23/01/2018 |
31/03/2018 |
68 |
|
|
Castlerea |
23/01/2018 |
31/03/2018 |
68 |
|
|
Castlerea Total |
2 |
|||
|
Cloverhill |
21/05/2018 |
21/05/2018 |
0 |
|
|
Cloverhill |
08/01/2018 |
02/02/2018 |
24 |
|
|
Cloverhill |
26/02/2018 |
21/05/2018 |
85 |
|
|
Cloverhill Total |
3 |
|||
|
Cork |
25/01/2018 |
08/05/2018 |
103 |
|
|
Cork Total |
1 |
|||
|
Midlands |
20/02/2018 |
07/03/2018 |
17 |
|
|
Midlands |
20/03/2018 |
15/05/2018 |
55 |
|
|
Midlands Total |
2 |
|||
|
Mountjoy |
12/04/2018 |
16/05/2018 |
34 |
|
|
Mountjoy |
12/01/2018 |
19/02/2018 |
37 |
|
|
Mountjoy |
06/03/2018 |
16/04/2018 |
40 |
|
|
Mountjoy Total |
3 |
|||
|
Portlaoise |
12/01/2018 |
09/05/2018 |
117 |
|
|
Portlaoise Total |
1 |
|||
|
Wheatfield |
31/01/2018 |
04/05/2018 |
94 |
|
|
Wheatfield Total |
1 |
517. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of prisoners that received a disciplinary sanction for breach of prison discipline by prison in tabular form; the nature of those sanctions imposed over the period 2017 and 2018; and if he will make a statement on the matter. [25100/18]
View answerI am advised by my officials in the Irish Prison Service that the number of prisoners that received a disciplinary sanction for breach of prison discipline by prison is as outlined in the following tables for the period 1 January 2017 to 31 December 2017 and 1 January 2018 to 31 May 2018.
1 January 2017 to 31 December 2017
|
Prison |
Number of Prisoners |
|
Arbour Hill Prison |
10 |
|
Castlerea Prison |
223 |
|
Cloverhill Remand Prison |
232 |
|
Cork Prison |
169 |
|
Limerick Prison |
201 |
|
Loughan House Place Of Detn. |
27 |
|
Midlands Prison |
385 |
|
Mountjoy Prison ( Female) |
83 |
|
Mountjoy Prison ( Male ) |
463 |
|
Portlaoise Prison |
107 |
|
Shelton Abbey Place Of Detn. |
22 |
|
Training Unit Place Of Detn. |
3 |
|
Wheatfield Place of Detention |
319 |
|
Overall |
2,244 |
1 January 2018 to 31 May 2018
|
Prison |
Number of Prisoners |
|
Arbour Hill Prison |
7 |
|
Castlerea Prison |
121 |
|
Cloverhill Remand Prison |
194 |
|
Cork Prison |
88 |
|
Limerick Prison |
99 |
|
Loughan House Place Of Detn. |
4 |
|
Midlands Prison |
221 |
|
Mountjoy Prison ( Female) |
40 |
|
Mountjoy Prison ( Male ) |
295 |
|
Portlaoise Prison |
73 |
|
Shelton Abbey Place Of Detn. |
1 |
|
Wheatfield Place of Detention |
211 |
|
Overall |
1,354 |
When Prisoners receive a disciplinary sanction for breach of prison discipline it generates what is known as a ‘P19’ Report. The ‘P19 System’ refers to the disciplinary system in place under the Prisons Act, 2007, which allows Governors deal with prisoners who have committed breaches of the Prison Rules and allows Governors impose sanctions where a breach of the Rules has been proven to take place. Such sanction(s) are normally in the format of loss of certain privileges such as reduced phone calls, reduced visits, prohibition on the use of the Gym, prohibition on use of the Tuck Shop etc., for defined periods of time. At the higher end of the scale, Governors can also reduce remission, which in effect lengthens the period of time a prisoner is required to remain in prison.
518. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if the commitment made by him at the UNCAT hearing in 2017 that all prisons would have child friendly visiting conditions by July 2018 has been honoured; and if he will make a statement on the matter. [25109/18]
View answerI wish to advise the Deputy that the Irish Prison Service have confirmed that, in line with the commitments made at the 2017 UNCAT hearing, all prisons now have child friendly visiting conditions.
The Irish Prison Service Strategic Plan 2016-2018 sets out the commitment of the Irish Prison Service to strengthen family supports to facilitate on-going contact with prisoners while in custody and their reintegration post release, with appropriate supports and programmes.
The Director General of the Irish Prison Service established the Families and Imprisonment Group, which is chaired by a prison Governor and includes representatives from Tusla, The childhood Development Initiative, the Probation Service, the Prison Officers Association and representatives from various prisons. The group was tasked in particular to address the needs of children and families as highlighted in the report published by the Irish Penal Reform Trust entitled ‘Picking up the Pieces: The rights and needs of children and families affected by imprisonment.’
A key element of this is the provision of appropriate child and family friendly visiting facilities.
Prison Visitor Centres, which are partly funded by the Irish Prison Service, play a vital role in humanising the visiting experience of prisoner families through the provision of refreshments, befriending and child play services. There are visitor centres in the West Dublin, Mountjoy and Midlands campus and they are run by the St Vincent de Paul.
The West Dublin Campus visitor centres provides a hospitality/family support service which includes information provision on a wide range of issues. There are childcare areas which provide toys, arts and crafts. A similar provision is made at Mountjoy and the Midlands.
Bedford Row operates a family friendly hospitality Centre at Limerick Prison. This is part funded by the Irish Prison Service and includes the dispensing of refreshments, the giving out of play material to children and also befriending and information provision. Targeted work with prisoners children is also a focus of the work of the Centre.
Cork and Castlerea have smaller visitor centres which are run by local community groups. Castlerea has recently constructed a new visitor area, which includes enhanced family visit spaces.
All prisons have designated areas to facilitate family visits which include a family friendly space, round tables or family seating and access to play materials.
In addition temporary release for access/visits to children for family occasions is regularly approved in most prisons.
The Irish Prison Service targets family friendly training to ‘front of house’ staff, which aims to improve staff awareness of the effects of imprisonment on families and allows staff to appropriately support families and children visiting prisons.
The Irish Prison Service also provide training in Children First to all staff, which ensures that any child protection and welfare concerns are dealt with appropriately. Each prison has a Child Safeguarding Statement, as required under the Children First Act 2015 and one or more Designated Liaison Persons, who are the main point of contact in each prison for child welfare.
All of our prisons facilitate visits on Saturdays to take account of the needs of families visiting persons in custody. Sunday visits are allowed at the two Open Centres and at Cloverhill.
The Families and Imprisonment Group carried out surveys in 2018 at Visitor Centres and also engaged in Family Forums, in order to consult with families and children visiting prisons. The learning from these will be used to further develop family and child friendly visiting facilities in all prisons.
519. Deputy Catherine Connolly asked the Minister for Justice and Equality his views on the findings of a report (details supplied); and if he will make a statement on the matter. [25112/18]
View answerThe Report of the Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, also known as the Justice McMahon report, was published in June 2015. Its recommendations have implications for a number of Government Departments and services.
My Department has since published three progress reports on the implementation of its 173 recommendations; the first in June 2016, the second in February of 2017 and a third and final report in July of 2017. All three reports are available to view on my Department's website www.justice.ie.
The final progress report shows that 133 recommendations have been reported as fully implemented and a further 36 are in progress or partially implemented. This represents a 98% full or partial implementation rate.
The Working Paper dated December 2017, referred to by the Deputy, acknowledges that considerable progress has been made, and in particular highlights as “significant improvements” developments such as the introduction of the Single Procedure in the International Protection Act, 2015; general improvements in living conditions; and the Government’s decision to opt-in to the Reception Conditions Directive.
The improvements to living conditions for applicants for international protection have been significant over recent years. These include the implementation of self or communal catering arrangements in a number of accommodation centres. As a result of this initiative, over 1,500 residents are now able to prepare meals of their own choosing. In addition, there have been improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities and the introduction of teenagers rooms in centres to provide social areas for this age group. Friends of the Centre groups have also been established in each centre. This initiative aims to bring residents, community and voluntary groups together with a view to increasing integration opportunities and providing for the development of greater community linkages with the residents and the centre.
Following on from the McMahon Report, a Standards Advisory Group was set up in 2017. The work of this group is to build on the recommendations of McMahon and to develop a set of standards for accommodation provided for those people seeking the protection of the State. The Standards will meet the minimum standards set out in the Recast Reception Conditions Directive and EASO Guidance on Reception Conditions: Operational Standards and Indicators and will also take account of national developments in the provision of services to those in the protection process. They will take due cognisance of the responsibility to promote equality, prevent discrimination and protect the human rights of employees, customers, service users and everyone affected by policies and plans as defined by the Public Sector Equality and Human Rights Duty. The group is comprised of members from a range of organisations supporting refugees as well as staff from a number of government Departments and will deliver a Working Document in September 2018 following widespread consultation.
The Government approved an opt into the EU (Recast) Reception Conditions Directive (2013/33/EU). The decision to opt-in to the Directive will bring Ireland into line with our EU partners and place the entire system on a legislative basis, which will be subject to EU oversight. This is a significant and positive measure, not only in addressing the issue of labour market access, but also extending to children’s rights, rights for unaccompanied minors, vulnerable people, new appeals processes, healthcare and education provision. By opting into the Directive, another important recommendation of the Justice McMahon report will be implemented bringing Ireland into line with the European Union norms.
I remain fully committed to working with all stakeholders, some of whom will have differing views on the extent of implementation of some recommendations, to ensure the continuing implementation of a wide range of reforms in this area, including those recommended by the Justice McMahon report.
520. Deputy Sean Fleming asked the Minister for Justice and Equality the number of stolen firearms that were used in crimes in each of the years 2013 to 2017 and to date in 2018; and if he will make a statement on the matter. [25120/18]
View answerI have requested this information from the Garda authorities and I will contact the Deputy directly when the report is to hand.
521. Deputy Michael Moynihan asked the Minister for Justice and Equality the steps he will take to preserve the courthouse building in Kanturk, County Cork: if his attention has been drawn to the fact that the building has been damaged by vandals in recent weeks; and if he will make a statement on the matter. [25127/18]
View answerAs the Deputy is aware, under the provisions of the Courts Service Act 1998 management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service which is independent in exercising its functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that Kanturk Courthouse was closed as a court venue in 2010. The building is in the ownership of the Courts Service and, since that time, the Courts Service has offered the courthouse for alternative public use at no cost to Cork County Council and to the Office of Public Works. The Courts Service has further advised that there has been no request for the building to be transferred to another public body to date.
In the event that the building is not required for use by another public body, the Courts Service will consider the sale of the building. In the meantime the building has been made available for use on Culture Nights and for Arts Festivals.
The Courts Service has also informed me that remedial works were undertaken on the building in 2013 and more recently repair works were undertaken following Storm Ophelia. A break-in to the building occurred in early June 2018 and the Courts Service has made arrangements to secure the building.
522. Deputy Maurice Quinlivan asked the Minister for Justice and Equality the number of Garda Reserves in each year since its establishment in 2006. [25164/18]
View answer523. Deputy Maurice Quinlivan asked the Minister for Justice and Equality the number of Garda Reserves in each Limerick city division; the number of reserves in each division that went on to become gardaí or are in training in each of the past ten years; and if he will make a statement on the matter. [25165/18]
View answerI propose to take Questions Nos. 522 and 523 together.
As the Deputy will appreciate, the Garda Commissioner is responsible for the carrying on and managing generally the administration and business of the An Garda Síochána including arranging for the recruitment, training and appointment of the Reserve members. Further, 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 these matters. 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 advised by the Commissioner that the strength of the Reserve on the 30 April 2018 was 562, 27 of whom are attached to the Limerick Division. It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways: firstly, since 2014, 246 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointments Service (PAS) have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána.
I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years.
The "Programme for a Partnership Government" includes a commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. In line with this, the Government has in place a plan to achieve a Reserve strength of 2,000 by 2021.
With the plan to reach 15,000 Garda members well on track, it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves last March. That competition attracted 2,394 applicants of whom 498 successfully completed the initial stages carried out by PAS. These applications are currently being processed by the Garda Appointments Office. The time frame for this can vary due to a number factors, including the length of the vetting process which may, for example, be more time consuming if the applicant has resided abroad or is deferred for medical reasons. It is expected that the first of the successful candidates will commence training in the Garda College in the coming months.
In conjunction with the major expansion of the Reserve over the next number of years, we must ensure that it is used optimally to support effective policing. To inform future decisions around the use of the Reserve, An Garda Síochána is conducting a strategic review as a matter of priority to be completed in the first half of the year as set out in the Policing Plan 2018.
As a first step, the Garda Executive has taken a decision to transfer the management of the Reserve to the Assistant Commissioner with responsibility for Community Engagement. This is intended to ensure that its development and deployment is viewed more broadly through a community policing lens. This is a very welcome step as it is my strong view that the greatest dividend to be gained from the Reserve is in terms of a visible presence on the ground and engaging with local communities.
For the Deputy's information I have set out in the tables the number of Reserves in each of the years requested by the Deputy in tabular form. I also include a table setting out the total number of Garda Reserves who have commenced training as a Garda Trainee from 2007 up to May 2018. Please note, that due to the moratorium on recruitment introduced in 2010 there was no recruitment of Garda Trainees from 2010 until 2014.
Garda Reserve 2006 - 2018
|
Year |
2006 |
2007 |
2008 |
2009 |
2010 |
2011 |
2012 |
|
Total |
36 |
217 |
331 |
478 |
700 |
877 |
991 |
|
Year |
2013 |
2014 |
2015 |
2016 |
2017 |
2018* |
|
Total |
1164 |
1124 |
953 |
695 |
589 |
562 |
*Up to 30 April 2018.
Garda Reserves who have commenced as Garda Trainees from 2007 up to May 2018
|
Year |
Division |
No. of Reserves |
Total |
|
2007 |
DMR North Central |
1 |
|
|
DMR South Central |
1 |
||
|
DMR North |
1 |
3 |
|
|
2008 |
Cork City |
2 |
|
|
Cork North |
1 |
||
|
DMR North |
1 |
||
|
DMR North Central |
3 |
||
|
DMR South |
1 |
||
|
DMR South Central |
4 |
||
|
DMR West |
2 |
||
|
Galway |
2 |
||
|
Sligo/Leitrim |
1 |
||
|
Tipperary |
1 |
||
|
Waterford |
1 |
||
|
Wicklow |
1 |
20 |
|
|
2009 |
DMR North |
3 |
|
|
DMR North Central |
1 |
||
|
DMR South Central |
1 |
||
|
Kilkenny/Carlow |
1 |
||
|
Cavan/Monaghan |
1 |
7 |
|
|
2014 |
Cork City |
2 |
|
|
Cork West |
1 |
||
|
DMR East |
1 |
||
|
DMR North |
3 |
||
|
DMR North Central |
3 |
||
|
DMR South |
6 |
||
|
Donegal |
1 |
||
|
Galway |
3 |
||
|
Kerry |
2 |
||
|
Kildare |
1 |
||
|
Kilkenny/Carlow |
1 |
||
|
Laois/Offaly |
1 |
||
|
Limerick |
2 |
||
|
Louth |
1 |
||
|
Mayo |
1 |
||
|
Meath |
2 |
||
|
Tipperary |
1 |
||
|
Waterford |
2 |
34 |
|
|
2015 |
Cavan/Monaghan |
1 |
|
|
Clare |
2 |
||
|
Cork City |
2 |
||
|
Cork North |
3 |
||
|
Cork West |
4 |
||
|
DMR North |
4 |
||
|
DMR North Central |
6 |
||
|
DMR South |
2 |
||
|
DMR South Central |
3 |
||
|
DMR West |
5 |
||
|
Galway |
3 |
||
|
Kerry |
1 |
||
|
Kildare |
1 |
||
|
Laois/Offaly |
1 |
||
|
Louth |
3 |
||
|
Mayo |
1 |
||
|
Meath |
4 |
||
|
Roscommon/Longford |
1 |
||
|
Sligo/Leitrim |
2 |
||
|
Tipperary |
4 |
||
|
Waterford |
2 |
||
|
Westmeath |
1 |
||
|
Wexford |
1 |
||
|
Wicklow |
1 |
58 |
|
|
2016 |
Cavan/Monaghan |
2 |
|
|
Cork City |
9 |
||
|
Cork North |
3 |
||
|
Cork West |
6 |
||
|
DMR East |
2 |
||
|
DMR North |
2 |
||
|
DMR North Central |
9 |
||
|
DMR South |
2 |
||
|
DMR South Central |
3 |
||
|
DMR West |
11 |
||
|
Donegal |
4 |
||
|
Galway |
2 |
||
|
Kerry |
4 |
||
|
Kildare |
6 |
||
|
Kilkenny/Carlow |
5 |
||
|
Laois/Offaly |
1 |
||
|
Limerick |
9 |
||
|
Louth |
2 |
||
|
Mayo |
5 |
||
|
Meath |
3 |
||
|
Sligo/Leitrim |
2 |
||
|
Tipperary |
4 |
||
|
Waterford |
2 |
||
|
Westmeath |
1 |
||
|
Wexford |
7 |
||
|
Wicklow |
2 |
108 |
|
|
2017 |
DMR South Central |
1 |
|
|
Cavan/Monaghan |
1 |
||
|
Cork City |
5 |
||
|
Cork West |
1 |
||
|
DMR East |
2 |
||
|
DMR North Central |
2 |
||
|
DMR South |
1 |
||
|
DMR South Central |
1 |
||
|
Donegal |
2 |
||
|
Galway |
1 |
||
|
Kerry |
1 |
||
|
Kildare |
2 |
||
|
Limerick |
3 |
||
|
Louth |
2 |
||
|
Roscommon/Longford |
2 |
||
|
Sligo/Leitrim |
1 |
||
|
Tipperary |
2 |
||
|
Waterford |
3 |
33 |
|
|
2018 |
Cork West |
2 |
|
|
DMR North |
1 |
||
|
DMR South |
2 |
||
|
DMR South Central |
1 |
||
|
Donegal |
1 |
||
|
Kildare |
1 |
||
|
Laois/Offaly |
1 |
||
|
Louth |
1 |
||
|
Meath |
1 |
||
|
Roscommon/Longford |
1 |
||
|
Wexford |
1 |
13 |
|
|
Total |
276 |
524. Deputy Mattie McGrath asked the Minister for Justice and Equality the sections and parts of all legislation brought forward by his Department in each of the past four years that have yet to be commenced; and if he will make a statement on the matter. [25182/18]
View answerIn respect of the Deputy’s question please find the following table which outlines the Acts or parts of Acts brought forward by my Department in the past four years that are awaiting commencement.
|
9 TITLE OF ACT |
ACT/PART/SECTION NOT YET COMMENCED |
REASON ACT/PART/SECTION NOT YET COMMENCED |
|
Assisted Decision-Making (Capacity) Act 2015 |
The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the Decision Support Service (DSS) and to enable the process of recruitment of the Director of the DSS to begin. The remaining provisions of the Act for which the Minister for Justice and Equality has responsibility have not yet been commenced. The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health. |
The key preparations are being put in place to allow for further commencement orders for the provisions of the 2015 Act to be made when the Decision Support Service is ready to roll out the new decision-making support options. The Director, who was appointed in October 2017, is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations. Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. The Department has received an outline implementation plan from the Director which contains monthly milestones for realisation of the objective of an active DSS. As time goes on, every effort will be made by all sides to achieve tightening of the timeframes where possible and the situation will continue to be monitored closely by the Steering Group. While it is not possible at the moment to provide an exact timeframe for the full commencement of the 2015 Act, every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. |
|
Children and Family Relationships Act 2015 |
Parts 2 and 3 of the Act (Sections 4 to 42 inclusive) which provide for parentage through donor-assisted human reproduction (DAHR). Other provisions of the Act which relate to DAHR have not yet been commenced as they are linked to Parts 2 and 3. Part 9 of the Act (sections 92 to 99 inclusive) provides for a number of amendments to the Civil Registration Act 2004. No provision of Part 9 has yet been commenced. Part 11 of the Act (Sections 101 to 134 inclusive) in relation to adoption has not been commenced. This Part of the Act was repealed by the Adoption (Amendment) Act 2017. Section 177 of the Act in relation to amendment of the Adoptive Leave act 1995 |
The commencement of Parts 2 and 3, relating to donor-assisted human reproduction, is a matter for the Department of Health. Other provisions of the Act which relate to DAHR have not yet been commenced as they are linked to Parts 2 and 3 and cannot be commenced until those Parts are commenced. Some sections of Part 9 cannot be commenced until Parts 2 and 3 are brought into operation. Other sections are dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced. The Department is liaising with the Department of Social Protection in relation to scheduling the commencement of these sections. Part 11 relating to adoption has now been repealed by the Adoption (Amendment) Act 2017. Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits. To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender. |
|
Civil Debt (Procedures) Act 2015 |
Entire Act |
Commencement requires systems to be put in place in the Department of Employment Affairs and Social Protection to handle deductions from social welfare payments, and Rules of Court to enable the District Court to deal with the enforcement of court orders (abolition of imprisonment for debtors) and in respect of the processes for attachment of earnings and for the relevant District Court hearings under the Act. Contact is being maintained with the Department of Employment Affairs and Social Protection in relation to commencement matters. |
|
Civil Liability (Amendment) Act 2017 |
Whole Act |
Enacted on 15 November 2017. Rules of Court have to be prepared in relation to the provisions of the Act regarding periodic payments orders before they can be commenced. These rules of court are expected to be finalised in the coming weeks. Commencement of Part 4 of the Act regarding open disclosure of patient safety incidents is a matter for the Department of Health. |
|
Court of Appeal Act 2014 |
Section 73 insofar as it relates to certain enactments specified in Schedule 1 to the Act |
The Schedule in question provides for the repeal of certain enactments. The repeals yet to be commenced concern the Court of Criminal Appeal and cannot be commenced until such time as all cases before that Court have been brought to a conclusion. Final confirmation is awaited from the Courts Service as to the timing of the Commencement SI and it is anticipated that this matter can be brought to a conclusion within a matter of weeks. |
|
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 |
Sections 67(2)(e); 72(2)(f) (insofar as this paragraph relates to Chapter 2 of Part 12) and 110-121. |
It was necessary to defer commencement of these provisions, which mainly relate to international cooperation by way of automated searching, comparison and exchange of DNA data or dactyloscopic data, until required logistical arrangements to facilitate this have been finalised. These arrangements include, inter alia, piloting and testing the DNA Database System for international data exchange and obtaining EU Council approval before personal data can be provided to other Member States. |
|
Criminal Justice (Mutual Assistance) (Amendment) Act 2015 |
Sections 24 and 34 (in so far as S. 65(4A) of the Criminal Justice Act 1994 (15/1994) inserted by that section relates to S.60D of the Criminal Justice (Mutual Assistance) Act 2008 (7/2008)) |
Both sections refer to the provision of financial penalties. Provisions dealing with financial penalties have not yet commenced. Section 24 deals with mutual recognition of fines and requires a designation of the appropriate authority by the Minister, which is under consideration. |
|
Criminal Justice Act 2017 |
Sections 2, 4, 11 and 12 Section 7 |
Awaiting updates to the Garda Custody Regulations prior to commencement. Section 7 of the new Criminal Justice Act 2017 amends Section 6B of the Bail Act 1997, as inserted by Section 11 of the Criminal Justice Act 2007 concerning the electronic monitoring of persons on bail. |
|
Criminal Law (Sexual Offences) Act 2017 |
Part 5 (Sections 28 to 32): Section 52: |
Part 5 was drafted to update the existing incest laws in order to equalise the penalty for incest by a female with that which applies to incest by a male (i.e., life imprisonment). At Report stage in Dáil Éireann the section to increase the penalty for incest by a female was deleted. The General Scheme of the Criminal Law (Sexual Offences) (Amendment) Bill 2018 provides that the penalty for incest for a male and a female be equalised at 10 years. Part 5 will not be commenced until the provisions of this Bill have been considered by the Oireachtas. This section provides for an amendment to the Criminal Procedure Act 2010 and is consequential to Part 5 of the Bill relating to incest. |
|
Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 |
Entire Act |
District Court Rules required to facilitate commencement of the Act are being finalised. |
|
Data Protection Act 2018 |
Section 7(3) (insofar as it relates to the revocation of the Data Protection Act 1988 (Section 5(1)(d)) (Specification) Regulations 1993 (S.I. No. 95 of 1993), insofar as those Regulations relate to the functions of the Central Bank of Ireland to which Regulation 3 of those Regulations applies); Sections 25 and 176(b) Section 30 |
Not yet commenced pending the making of Regulations under Section 60 of the Act. Not yet commenced as the necessary procedures have to be put in place to give the Data Protection Commission its own Vote. The Office of the Attorney General has advised my Department that insofar as Section 30 purports to make it an offence for any company or corporate body to process the personal data of a child for the purposes of direct marketing or profiling, such a prohibition appears to go beyond the margin of discretion afforded to Member States in giving further effect to the GDPR and would conflict with Article 6(1)(f), read in conjunction with Recital (47). Put simply, it is not an option for a Member State to unilaterally prohibit a category of processing activities which might otherwise be lawful under Article 6.1(f). Since commencement of Section 30 could, therefore, give rise to a substantial risk of infringement proceedings against the State pursuant to Article 258 of the Treaty on the Functioning of the European Union, I have requested my Department to clarify the matter with the European Commission. |
|
Domestic Violence Act 2018 |
Whole Act |
Enacted on 8 May 2018. Rules of Court have to be prepared in relation to the provisions of the Act regarding civil domestic violence orders before they can be commenced. Forms and documents relating to domestic violence orders on Courts Service IT systems will need updating. The commencement of the provisions of the Act regarding new criminal offences of forced marriage and coercive control, and the provision making the relationship between defendant and victim an aggravating factor in sentencing for certain offences can proceed independently of commencement of the provisions relating to civil domestic violence orders. The Department is liaising with the Department of Employment Affairs and Social Protection regarding the commencement of the provisions that repeal the current exemptions that allow persons under the age of 18 to marry. |
|
Employment Permits (Amendment) Act 2014 (No. 26 of 2014) |
Section 35 (a),(b) and (c) and Section 36 |
Pending finalisation with An Garda Síochána of arrangements for the transfer of the immigration registration function to the Irish Naturalisation and Immigration Service (INIS) |
|
Legal Services Regulation Act 2015 |
Part 1 – Section 5. Part 2 – paragraphs (c) to (f) of Section 13(2), Section 31, Section 33 and Sections 35 & 36. Parts 3, 4, 5, 6 and 7. Part 8 – Sections 99 to 117 and Section 121 Parts 9, 10, 11, 12, 13, 14 and 15 |
Parts 1 and 2 of the Act were commenced as necessary to support the setting-up and appointment of the Legal Services Regulatory Authority which held its first meeting on 26 October 2016. During its first year the Authority, under Sections 118 to 120 as commenced, also completed a series of time-bound public consultations and reports on new legal business models. The Authority is now engaged in the essential planning and capacity building for the roll-out of its remaining functions under the Act which will be supported by the Department of Justice and Equality in the commencement of the relevant provisions concerned. Part 15 does not fall under the remit of the Authority. |
|
Paternity Leave and Benefit Act 2016 |
Section 2(1)(b)(iii) |
The Section cannot be commenced until the Assisted Human Reproduction Bill 2017 is progressed through the Oireachtas and is enacted. |
525. Deputy Pat Casey asked the Minister for Justice and Equality the measures being taken to accommodate refugees from the Syrian crisis; the way they can be integrated into society and allowed to work; and if he will make a statement on the matter. [25224/18]
View answerThe Irish Refugee Protection Programme (IRPP) was established by Government Decision on 10th September 2015 as a direct response to the humanitarian crisis that developed in Southern Europe as a consequence of mass migration from areas of conflict in the Middle East and Africa. Under this programme the Government pledged to accept a total of 4,000 persons into the State including through the recently announced IRPP Humanitarian Assistance Programme (IHAP), which will provide for the admission of up to 530 immediate family members of Irish citizens, persons with Convention refugee or subsidiary protection status and persons with programme refugee status.
The implementation of the IRPP for resettling Syrian refugees requires a high level of coordination among service delivery agencies at both national and local level. Service provision is mainstreamed and all the main statutory service providers such as Government departments, the HSE, Tusla and Local Authorities are represented on the national Taskforce which oversees delivery of the programme. In general, coordination is ensured via the IRPP which is part of the Office for the Promotion of Migrant Integration (OPMI) within my Department. OPMI is the primary entity responsible for delivering resettlement via a range of statutory and non-statutory agencies. It has overseen the humanitarian resettlement programmes run by Ireland since they were established in 2000.
My Department is mobilising European Union Funding under the Asylum, Migration and Integration Fund (AMIF) in support of Ireland's resettlement efforts, including to fund supports provided through local authorities to the refugees. Local authorities play a critical role in ensuring the success of each resettlement through the provision of housing and the implementation of a process carried out by an "implementing partner" with expertise in community integration and relevant supports.
My Department also works closely with the Irish Red Cross which was assigned responsibility by the Government for administering public pledges of support, especially in the area of accommodation. Its case workers and support team work closely with IRPP and refugees to find suitable accommodation options.
Programme refugees have the right to work in Ireland. Supports are provided under the auspices of the programme to enable them to be in a position to secure employment. These include:
- The IRPP liaises with the Department of Education and Skills and the local Education and Training Board in each catchment area to ensure that groups receive a Language Training and Cultural Orientation programme and to facilitate access to education.
- Free childcare is provided wherever possible to allow the adults to attend the Language and Orientation programme in their Emergency Reception and Orientation Centre (EROC).
- Local service providers, volunteers and NGOs visit the EROCs to provide services and information and to support and befriend the asylum seekers or refugees.
Increasingly, the IRPP is focusing on initiatives which assist with labour market activation for refugees and is working with the Irish Red Cross and other bodies to facilitate access to employment. Various initiatives are also developing in the educational sphere.
With regard to integration more generally, the Migrant Integration Strategy, which was published on 7 February 2017, offers a blueprint for Government action to promote the integration of all migrants who are legally in the State, including refugees, for the period to 2020. It sees integration as a two-way process involving action by migrants and non-migrants alike. The Strategy comprises 76 specific actions under a number of themes to be implemented by Government Departments and Agencies, the business sector, employers, local authorities and community and voluntary sector organisations. The Employment and Pathways to Work theme contains actions designed to enable migrants, including refugees, to participate in employment. Among other actions, the Strategy requires Government Departments and agencies to address integration in strategy statements; to ensure appropriate, regular engagement with NGOs representing migrant groups; and to provide intercultural awareness training.
The strategy includes targeted initiatives to promote migrant entrepreneurship, to encourage migrants into the Civil Service and onto State boards and to improve English language provision in education and training. It is accompanied by a Communities Integration Fund which provides funding for 131 initiatives by community organisations aimed at promoting migrant integration and facilitating social inclusion at the local level.
The strategy is available on the website of the Office for Promotion for Migrant Integration at www.integration.ie.
It is my firm intention that the model of integration and support is one which will evolve and develop over the coming months and years with a view to offering refugees increasing opportunities to enhance their own lives. It is for this reason I am examining initiatives such as community sponsorship to support the long-term integration process.
526. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in respect of an appeal for a visa by a person (details supplied); when a decision is likely to be finalised; and if he will make a statement on the matter. [25227/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was refused a long-stay Join Family Visa on 04 April 2018, and an appeal was received in the Visa Office in Dublin on 05 June 2018.
Appeals are processed in the order in which they are received in order to be fair to all applicants. While every effort is made to process appeals received as soon as possible, processing times will vary having regard to the volume of appeals received, the resources available to process them and the complexity of the application and subsequent appeal. Processing times may also increase where the provision of additional documentation is supplied and a detailed assessment of family rights under the Constitution and the European Convention on Human Rights are required. Unfortunately, I cannot at this time give a definitive date as to when this particular appeal will be finalised.
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 INIS is, in the Deputy’s view, inadequate or too long awaited.
In addition, applicants may themselves e-mail queries directly to INIS (visamail@justice.ie ).
527. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mountain bikes allocated to each station within the Garda R and J districts in each of the years 2016, 2017 and to date in 2018; the number of gardaí trained in the use of mountain bikes in each of the years in question; and if he will make a statement on the matter. [25244/18]
View answerThe Deputy will appreciate that the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the training of its members and civilian staff and I, as Minister, have no direct role in the matter.
I am advised by the Commissioner that mountain bike training was not provided in the Garda R District (Coolock District) and J District (Raheny District) in 2016 and 2018. In 2017 4 members of An Garda Síochána from the Raheny District successfully completed mountain bike training.
I am further advised that the information requested by the Deputy regarding the number of mountain bikes allocated to each station within the Coolock District and the Raheny District in each of the years 2016, 2017 and to date in 2018 is currently being collated and I will write to the Deputy when this information is available.
528. Deputy Fergus O'Dowd asked the Minister for Justice and Equality further to Parliamentary Question No. 102 of 21 May 2017, if a meeting can be arranged between him and the person to discuss their case; and if he will make a statement on the matter. [25270/18]
View answerI can inform the Deputy that my Department wrote to the person in question on 6 June 2018 to provide them with an update in relation to his request for a meeting.
The Deputy will appreciate that I, as Minister, have no role in relation to the management of Garda investigations or, indeed, the prosecution or trial of alleged offences. This is a long-standing principle of our system of justice. The role of An Garda Síochána is to investigate alleged offences, to gather whatever evidence may be available and to submit a report to the Director of Public Prosecutions (DPP). Any information in relation to possible criminal acts should be provided directly to An Garda Síochána for investigation. The question of whether or not a particular person should be prosecuted and for what criminal offence is the responsibility of the DPP, who is completely independent in carrying out her functions.
Similarly, the Courts, subject only to the Constitution and the law, are independent in the exercise of their judicial functions and the conduct of any court case is a matter entirely for the presiding judge. It is not open to me to comment or intervene in any way in relation to how particular proceedings are conducted or, indeed, on the outcome of such proceedings.
If someone is not satisfied with the manner in which their complaints have been handled by An Garda Síochána, then it is open to them to contact the Garda Síochána Ombudsman Office (GSOC). GSOC, as you are no doubt aware, is the independent body charged with receiving complaints from the public concerning members of An Garda Síochána.
Unfortunately, it is not open to me to intervene in this case in the manner the person in question is seeking. It is An Garda Síochána, specifically the Garda Commissioner and his management team, who are responsible for investigating all forms of alleged criminality in the State in the first instance and not the Minister for Justice and Equality. Accordingly, I cannot accede to this particular meeting request.
Notwithstanding the above, it is, of course, open to the person in question to seek independent legal advice in relation to their concerns, if they so wish.
529. Deputy Michael Healy-Rae asked the Minister for Justice and Equality if he will address a matter (details supplied) regarding refugees in Killarney town; and if he will make a statement on the matter. [25295/18]
View answerThere has never been a legal impediment preventing those seeking international protection in Ireland from being involved in voluntary work or activities and many have chosen to do so over the years.
Information provided by the Reception and Integration Agency of my Department would suggest that there are a number of activities available to international protection applicants based in Killarney, some of which are listed below:
- Local athletics club: There is a run every Saturday morning in the Killarney National Park
- Local football club: Soccer balls are available for residents to play on the pitch in the park
- County Kerry Cricket Club in Tralee
- Local musicians group: The group practice almost every afternoon.
- Daily English classes
- Manual Handling Course
- Local Gym: residents can avail of a reduced rate
In addition to the above, the notice board in Linden House regularly provides updates on other seasonal events and activities. Various workshops and courses are also available through Killarney Asylum Seekers Initiative (KASI) who are a local support group.
Any resident of Linden House who would like to volunteer for activities, such as Tidy Towns, should contact KASI or speak to the centre’s management to be linked into the various groups and organisations in this area.
530. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 88 of 7 May 2017, the number of new staff hires engaged in the provision of services in the area of international protection; and if he will make a statement on the matter. [25424/18]
View answerFurther to the response to the Deputy's previous Parliamentary Question in this regard, the Legal Aid Board operates a mixed model of service delivery to persons seeking international protection in the State. This incorporates both the use of in-house staff, including solicitor staff, working in law centres and the referral of cases to private solicitors on a panel.
The service provision is split between two units, the Refugee Documentation Centre (RDC), and the International Protection Unit (IPU). Since May 2017, eight new staff have been engaged to increase the provision of these services. The Deputy should note that, while one hire was to cover maternity leave and another was an intern post, these new hires are in addition to the 13 indicated in the response to Parliamentary Question No. 88 of 17 May 2017. These are broken down as below:
|
Unit |
Grade |
FTE |
|
Refugee Documentation Centre |
Executive Officer |
1.0 |
|
Clerical Officer |
1.0 |
|
|
Clerical Officer |
1.0 |
|
|
Intern (for a period of 6 weeks) |
1.0 |
|
|
International Protection Unit |
Managing Solicitor Grade I |
1.0 |
|
Solicitor Grade III |
1.0 |
|
|
Solicitor Grade III |
1.0 |
|
|
Legal Clerk (Maternity Cover) |
1.0 |
The Deputy should also note that the Board provides legal services in relation to a range of important civil issues. While the Board is developing specialisation in its staff, it also wishes to ensure flexibility in order to address areas of particular demand or priority at a point in time. Therefore additional staff covering those broader civil law issues can also be engaged in international protection cases.
531. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason the average wait time for first interview for asylum applications has increased from 11 weeks in 2015 to 18 to 20 months in 2018; and if he will make a statement on the matter. [25425/18]
View answerAs the Deputy will be aware, the International Protection Act 2015, which introduced a single application procedure, was commenced on 31 December 2016.
Under the single procedure, recommendations at first instance are made by the International Protection Office (IPO), which replaced the Office of the Refugee Applications Commissioner (ORAC). Appeals in respect of negative first instance protection recommendations are considered by the statutorily independent International Protection Appeals Tribunal, which replaced the former Refugee Appeals Tribunal (RAT).
The fact that scheduling times have lengthened in the IPO can be attributed to a number of reasons.
Firstly, as part of the transition arrangements for the new single procedure process, the IPO was required to take responsibility for the processing of over 3,000 cases which were not finalised by the former ORAC or RAT. These applications reverted for processing under the transitional provisions of the 2015 Act and added significantly to the IPO caseload. All of these transitional cases had to be contacted individually by the IPO to inform them of the relevant provisions of the 2015 Act and how the transitional provisions would affect their applications. All applicants received comprehensive documentation including a new Application for International Protection Questionnaire (IPO 2) which, on return, had to be translated and associated with the relevant files. This process meant that the IPO was not fully up and running in terms of interviewing until the second quarter of 2017. The concentration on the elimination of the inherited backlog, in line with the system of prioritisation agreed with the UNHCR, has also reduced the ability of the IPO to address more current cases.
Secondly, there was a 30% increase in applications for international protection in 2017 (including EU relocation applicants) which has put additional pressure on the processing system. In addition, applications for international protection have also increased in 2018 (to end May) by over 30% as compared with the same period in 2017.
Thirdly, the 2015 Act substantially changed the processing arrangements for the consideration of applications for international protection and for permission to remain decisions by introducing a more comprehensive single procedure. On the one hand, this development has, of course, resulted in a more streamlined system enabling all the grounds for a person to remain in the State to be determined as part of one process in the IPO. However, compared with the jurisdiction at first instance of the former ORAC, which considered applications for refugee status alone, caseworkers in the IPO are required to investigate applications on the basis of three comprehensive elements namely; whether the applicant is a refugee or, if not; whether the applicant is eligible for subsidiary protection or, if not and thirdly, are there grounds to grant a person humanitarian permission to remain in the State. While considering all aspects together does, of course, create economies of scale in investigating applications as part of a more streamlined single procedure process, the level of investigation required is more comprehensive and consequently more time consuming.
In terms of progress to date, I can inform the Deputy that considerable work has been undertaken to get the new process up and running. For example, in terms of scheduling of interviews, the IPO scheduled over 2,400 single procedure interviews (including in respect of EU relocation cases) in 2017. In 2018 (to end May), some 1500 interviews have been scheduled.
In relation to recommendations/decisions, some 1,780 recommendations/decisions in respect of international protection and permission to remain were made by the IPO in 2017. This included some 750 recommendations in respect of the grant of international protection. In addition, some 1,634 recommendations/decisions have been made by the IPO in 2018 (to end May 2018). This includes international protection recommendations (including EU relocation cases), permission to remain decisions and permission to remain reviews. For 2018, there were some 572 international protection grants and over 100 grants of permission to remain made by the IPO. All 2018 figures are provisional.
Based on current predictions, the IPO is in line to make some 3,500 recommendations and decisions in 2018.
Considerable additional resources have and are being allocated to the IPO to assist it in undertaking its statutory functions with a view to processing the volume of cases on hands as soon as possible. As at the beginning of June 2018, the current staffing complement in the IPO is 135. In addition, there are some 55 serving members of the IPO Case Processing Panel. To enable the IPO to carry out their functions to optimum effect and to assist in the reduction of caseloads, the current Case Processing Panel is being further expanded at the present time on the basis of public advertisement.
The resources assigned to the IPO, as well as work processes in that organisation, are being kept under ongoing review and additional resources will be allocated as these become available so that the cases on hand, both those applications preceding the commencement of the 2015 Act and the increased volume of new applications, are dealt with as quickly as possible and waiting times for those applying for international protection are reduced to the greatest possible extent.
It is recognised that currently many applicants for international protection are waiting longer than they should for their first instance interviews in the IPO and to have their cases decided. While the structural causes of delays have been removed with the commencement of the International Protection Act, 2015, the main challenge now faced is the need to quickly eradicate the substantial number of cases carried over from the previous system. As I indicated, these challenges are being addressed by deploying increased resources and a continual assessment and reform of the use of those resources and, having due regard to the requirements of the International Protection Act 2015.
533. Deputy John Lahart asked the Minister for Justice and Equality the number of members of An Garda Síochána that have been injured in the line of duty; the number of injuries and types of injuries in each of the years 2016, 2017 and to date in 2018; and if he will make a statement on the matter. [25461/18]
View answerAs the Deputy will appreciate, the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána and I, as Minister have no direct role in the matter.
I know the Deputy will agree that we should never underestimate the difficulties and dangers the men and women of An Garda Síochána face on our behalf and the courage required to face down criminals in dangerous circumstances. The Government is committed to supporting the work of An Garda Síochána and to ensuring that the organisation is properly resourced to carry out its important role in protecting our communities.
An Garda Síochána has both an Occupational Health Service and an Employee Assistance Service.
The Garda Occupational Health Service (GOHS) is staffed by a team of specialist occupational healthcare professionals supported by an administration team. The Service is dedicated to supporting the employees of An Garda Síochána to maintain their health and well-being in order to carry out their duties safely and effectively.
I am assured by the Garda Commissioner that An Garda Síochána is committed to ensuring that members exposed to a traumatic incident or injured on duty receive the appropriate organisational response and with this in mind the Garda Employee Assistance Service provides a confidential professional support and referral service to both serving and former members of An Garda Síochána, students and their immediate families.
I am advised that an Independent Counselling Service was introduced in An Garda Síochána on 24 June 2016 which provides counselling on a wide range of work and personal related issues including critical incidents, and trauma. The service is available on a 24/7 basis 365 days a year and provides employees with immediate support from accredited counsellors over the phone and if required follow on counselling sessions in person.
For the Deputy’s information I have set out in the following table, as advised by the Commissioner, the specific information requested in relation to the number of members of An Garda Síochána that have been injured in the line of duty from 2016 to 2018 as of 07 June 2018.
Number of Gardaí injured and cause of injury 2016- 2018 (as of 07/06/18)
|
YEAR |
Assault |
Body movement (Resulting in injury) |
Contact with something sharp, pointed or rough |
Injured by animal |
Manual Handling |
Needle Stick Injury/Stab/ Blood or body fluid exposure |
|
2016 |
281 |
21 |
35 |
12 |
43 |
43 |
|
2017 |
254 |
20 |
57 |
8 |
36 |
53 |
|
2018 |
71 |
14 |
16 |
7 |
8 |
8 |
|
Grand Total |
606 |
55 |
108 |
27 |
87 |
104 |
|
YEAR |
Other |
Psychological shock or trauma |
Road Traffic Collision |
Slips/ Trips/ Falls |
Smoke inhalation |
Grand Total |
|
2016 |
13 |
4 |
103 |
109 |
664 |
|
|
2017 |
12 |
3 |
85 |
111 |
1 |
640 |
|
2018 |
6 |
2 |
37 |
33 |
202 |
|
|
Grand Total |
31 |
9 |
225 |
253 |
1 |
1506 |
534. Deputy John Lahart asked the Minister for Justice and Equality the measures taken to equip gardaí in Tallaght with adequate four wheel drive vehicles to help reduce response times should a similar situation arise (details supplied); and if he will make a statement on the matter. [25462/18]
View answerThe 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 total, in the period 2013 to 2017, almost €44 million has been invested in the fleet.
As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources. As Minister, I have no direct role in the matter.
I am informed by the Garda authorities that as of 31 March 2018, a total of 102 4x4 vehicles are available to An Garda Síochána.
I understand that the allocation of Garda vehicles is monitored and reviewed by the Garda authorities on a continual basis. The responsibility for the efficient deployment of all official Garda vehicles in each Division is assigned to the Divisional Officer, who may allocate vehicles between stations as required by operational requirements.
Finally, I am informed by the Garda authorities that there are no plans to purchase further 4x4 vehicles in 2018.
535. Deputy John Lahart asked the Minister for Justice and Equality if his attention has been drawn to the fact that a number of gardaí in the Tallaght area operate out of a hotel close to Tallaght Garda station due to a lack of space; his plans to provide funds for the redevelopment and expansion of Tallaght Garda station; and if he will make a statement on the matter. [25463/18]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations. In addition, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.
As the Deputy will be aware, the Garda Síochána Building and Refurbishment Programme 2016 – 2021, which is an ambitious 5 year building Programme reflecting the priorities of An Garda Síochána, will benefit some 30 locations throughout the State. I am informed by the Garda authorities that the Programme does not include the provision of a new Garda station in Tallaght, and I further understand from the Garda authorities that there are no plans to undertake a major refurbishment of this Garda station.
However, I am informed by Garda authorities that the Programme does include the provision of a Property and Exhibit Store (PEMS) at Tallaght Garda Station and that the development of this property storage facility is ongoing in conjunction with the OPW.
I am further informed by the Garda authorities that to assist with accommodation in the existing Garda station in Tallaght, the OPW has provided additional accommodation for An Garda Síochána in the close proximity to the station, at the Plaza Office Complex, Tallaght. I understand that An Garda Síochána took up occupation of this accommodation in October 2009.
