Written Answers Nos. 240-259
240. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the Garda operations Pump and Aires; the number of persons arrested and charged to date in respect of each; the number of successful convictions obtained in respect of each; and if he will make a statement on the matter. [29122/18]
View answerI have requested a report from the Garda Commissioner in relation to the information sought by the Deputy. I will reply further to the Deputy when this report is to hand.
A referred reply was forwarded to the Deputy under Standing Order 42A.
241. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of vehicles seized for having no tax in the An Garda Síochána R district in 2017 and to date in 2018; and if he will make a statement on the matter. [29123/18]
View answerI have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
|
Division |
District |
2017 |
2018 |
2019 (28-Feb) |
Total |
|
DMR North |
Balbriggan |
450 |
381 |
63 |
894 |
|
Ballymun |
1,018 |
863 |
91 |
1,972 |
|
|
Coolock |
1,175 |
920 |
123 |
2,218 |
|
|
Raheny |
421 |
312 |
54 |
787 |
|
|
Total |
3,064 |
2,476 |
331 |
5,871 |
242. Deputy James Browne asked the Minister for Justice and Equality the reason Parliamentary Questions Nos. 304 to 306, inclusive, of 27 February 2018 referred to An Garda Síochána remain unanswered; and if he will make a statement on the matter. [29127/18]
View answerI refer to your Parliamentary Questions Nos. 304 to 306, inclusive, for answer on Tuesday, 27 February 2018. At the time I responded that I would request the information sought by you from the Garda Commissioner and that I would write directly to you on receipt of same. This response has now issued to your office but by way of assistance I include the substantive response below.
I am informed by the Garda Commissioner that there is no dedicated Mental Health Unit within An Garda Síochána. An Garda Síochána use an interagency response to deal with people with mental health issues and in this regard there is a Memorandum of Understanding between the Health Service Executive (HSE) and An Garda Síochána which is referred to when Gardaí are dealing with mental health incidents. The Memorandum of Understanding is a joint initiative by An Garda Síochána and the HSE to maximise interagency co-operation and to promote the welfare and safety of persons with mental ill health. In addition, members of An Garda Síochána can also use the on call doctor service when dealing with such incidents.
Further, section 12 of the Mental Health Act 2001, which provides for Garda powers to take persons believed to be suffering from a mental disorder into custody, may be invoked by the Gardaí where they come into contact with a mentally ill person in a crisis situation. In such situations, it may appear that the person is a danger to himself/herself or to others. Section 12 may be invoked to ensure that a medical assessment and admission to an approved centre and treatment in accordance with that Act are accessed.
The Memorandum of Understanding between An Garda Síochána and the HSE has been developed in order to provide an appropriate response in respect of the removal or return of persons to approved centres in accordance with the Mental Health Act 2001. An Garda Síochána and the HSE are the key agencies empowered by law to carry out these functions. Mutual understanding and cooperation is essential in ensuring that these roles are carried out effectively.
I am further informed by the Commissioner that during Phase 1 of the Applied Policing Programme, Trainee Gardaí are exposed to and challenged with the issues surrounding vulnerable persons suffering from mental illness.
The training programme is delivered using a problem based learning approach (PBL) and includes a module on Policing with the Communities. As part of this module under Unit 5 - Mental Illness Awareness, trainees focus on the area of the elderly and mental illness and look at areas such as types of mental illness, Garda powers and procedures and transportation of persons with a medical illness. It also contains information on the various community and social services involved in the area.
I am advised by the Commissioner that in addition to this and as part of the BA programme, the trainees attend a 2 day internationally recognised ASIST suicide prevention programme which is co-delivered with the HSE. The ASIST programme is a suicide first aid programme which equips students with the skills required to discuss suicide with a person at risk and to make an intervention to reduce the immediate risk of suicide.
In April 2014 An Garda Síochána as part of the Continuous Professional Development Core Programme for operational members, provided training on Mental Illness Awareness in keeping with the Mental Health Act 2001. The programme also covered areas of the types of mental illness, Garda powers and procedures and transportation of persons with a mental illness. This topic will be included in the Core Programme for 2018.
The vulnerability of suspects, witnesses and injured parties is also embedded in all training courses for Investigative Interviewing with Level 3 Investigative Interviewing addressing the area of memory through the use of enhanced cognitive interview skills. The areas of personality disorders and mental health are also covered on these training courses.
249. Deputy Gerry Adams asked the Minister for Justice and Equality if additional resources will be provided to An Garda Síochána in the Louth division to support the establishment of a drugs and organised crime unit in the Dundalk area; and if he will make a statement on the matter. [29154/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. Further, it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.
I am informed by the Commissioner that the strength of the Louth Division on 31 May 2018, the latest date for which information is currently available, was 312, of whom 4 were allocated to the Divisional Drug Unit. There are also 23 Garda Reserves and 31 Garda civilian staff attached to the Louth Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
As the Deputy will be aware all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences, crime or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction.
In 2015 the Commissioner established a new national Drugs and Organised Crime Bureau (GDOCB), which brought together the Organised Crime Unit and the Garda National Drug Unit so as to create a robust entity to effectively tackle drugs and organised crime, as it currently exists in this country.
The GDOCB leads out the policing strategy for tackling drugs by demand reduction and supply reduction strategies. In this regard the Bureau continues its policy of working with Garda Divisional Drug Units nationwide in tackling supply reduction at local level. This work is further supported by other national units, including the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. I am informed that this approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide.
We have also seen unprecedented international cooperation between An Garda Síochána and policing services in other jurisdictions leading to important arrests and drug seizures.
Underpinning all these measures is this Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 2,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 – a net increase of over 600 since the end of 2016.
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 he needs to allow him to deploy increasing numbers of Gardaí across the organisation including the Divisional Drugs Units.
250. Deputy Bobby Aylward asked the Minister for Justice and Equality the position regarding the review being undertaken by officials of the Irish Prison Service and his Department in consultation with the Attorney General examining the necessary legislative and-or administrative changes arising from the ruling in a case (details supplied); and if he will make a statement on the matter. [29190/18]
View answerIn July 2016 the Supreme Court dismissed the State's appeal in the case of O'Farrell, McDonald, Rafferty -v- The Governor of Portlaoise Prison. The case concerned an appeal taken by the State against a judgment of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK under the provisions of the Transfer of Sentenced Prisoners Acts 1995 -1997. The judgment is detailed and has complex implications for the process of transferring prisoners from other States, and in particular the UK, to Ireland.
The principal issue in the judgment is the significantly different sentencing systems which operate in the UK and in this State. In particular, the judgment raises the issue of how best to adapt and administer under Irish law a foreign sentence, which contains features not found in Irish sentences. This is important, as it is not possible to operate a prisoner transfer system where there is uncertainty on the part of either the transferring or receiving State as to the length of sentence to be served by the prisoner concerned.
The complex legal and administrative implications of this judgment are being examined by my Department, in consultation with the Attorney General's Office. Detailed legal advice has been received, and an amendment of the Transfer of Sentenced Prisoners Acts will be required. Work is under way on drafting that amendment, and I will bring a proposal to Government as soon as possible.
I am advised by the Irish Prison Service that all the applicants and officials in the appropriate sentencing states have been informed of the situation.
251. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for renewal of stamp 4 in the case of a person (details supplied); and if he will make a statement on the matter. [29208/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned was granted temporary residence permission in order to obtain a national passport on 1 September 2016. An application for renewal of residency was received in the relevant Section of INIS on 6 September 2017. The application of the person concerned is being considered and a decision letter will issue shortly.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
252. Deputy Martin Ferris asked the Minister for Justice and Equality the number of additional marked and unmarked Garda cars and vans that were allocated to the Kerry Garda division in 2016, 2017 and to date in 2018; and the number of marked and unmarked Garda cars and vans that were withdrawn from the division during the same period. [29231/18]
View answerThe Deputy will appreciate that it is the Garda Commissioner who is responsible for managing and controlling generally the administration and business of An Garda Síochána, including responsibility for the distribution of Garda funding and resources, including allocation of Garda vehicles, among the various Garda divisions. I, as Minister, have no direct role in the matter.
There has been very significant investment in Garda resources across the State in recent years. I understand 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 the optimum use is made of these resources.
The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed in the period 2013 to the end of 2017 almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream in that period to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
I understand from the Garda authorities that the Southern Region is to be allocated 30 Garda vehicles in 2018, with 5 of these vehicles intended to be allocated to the Kerry Division. The allocation of vehicles within a division is a matter for the Divisional officer.
As of 19 June 2018, the latest date for which figures are readily available, there were 38 cars (26 marked and 12 unmarked) and 13 vans assigned to the Kerry Garda Division.
The number of marked and unmarked Garda cars and vans that were allocated to and withdrawn from the Kerry Garda Division in 2016, 2017 and to date in 2018 are outlined in the following tables.
Allocated (as at 29 June 2018)
|
Year |
Cars |
|
|
Vans |
|
|
|
Marked |
Unmarked |
Total |
Marked |
Unmarked |
Total |
|
|
2016 |
5 |
2 |
7 |
2 |
1 |
3 |
|
2017 |
2 |
2 |
4 |
0 |
0 |
0 |
|
2018 to date |
0 |
0 |
0 |
2 |
0 |
2 |
Removed (as at 29 June 2018)
|
Year |
Cars |
|
|
Vans |
|
|
|
Marked |
Unmarked |
Total |
Marked |
Unmarked |
Total |
|
|
2016 |
2 |
2 |
4 |
3 |
0 |
3 |
|
2017 |
1 |
0 |
1 |
0 |
0 |
0 |
|
2018 to date |
2 |
0 |
2 |
0 |
0 |
0 |
253. Deputy Alan Kelly asked the Minister for Justice and Equality the number of prosecutions for possession of a mobile device by prisoners in the Midlands Prison in 2016, 2017 and to date in 2018; and if he will make a statement on the matter. [29261/18]
View answerThe Deputy will appreciate that the decision about whether or not to prosecute a person, and for what crime, is entirely a matter for the Director of Public Prosecutions (DPP) and I have no role in such matters.
However, I am advised by the Irish Prison Service (IPS) that preventing the ingress of contraband, including mobile phones, into prisons remains a high priority for the IPS. In 2008, the IPS established a dedicated team of officers who have sole responsibility for preventing the flow of contraband into prisons. The Operational Support Group (OSG) operate the security screening areas that are now located at the point of entry of all closed prisons. They also operate the canine unit and the Operational Support Unit who conduct regular searches and gather intelligence in relation to the smuggling of contraband.
I am further advised that efforts are made on a continuous basis by prison staff to prevent the flow of drugs into our prisons. In addition to the establishment of the OSG, the installation of nets over exercise yards, enhanced CCTV monitoring, the stricter control of visits and the use of targeted and random cell searches on a daily basis has reduced the availability of contraband. The introduction of passive and active drug detection dogs and the installation of airport style security including scanners and x-ray machines has also helped efforts to tackle the problem. Random searches of cells and their occupants have uncovered significant quantities of contraband in recent years.
Nevertheless, the IPS recognises that constant improvements are required in this area and have introduced a free confidential telephone line (1800 855 717) which is now operational. Prisoners, visitors, staff or members of the public with information on the trafficking of prohibited items into our prisons can pass on that information in the strictest confidence.
The following table highlights the different type of contraband confiscated by the IPS. I hope the Deputy finds this information useful.
Contraband Seizures Statistics for 2011-2017
|
Year |
Phones |
Drugs |
Weapons |
|
2017 |
872 |
1018 |
557 |
|
2016 |
648 |
715 |
435 |
|
2015 |
626 |
808 |
564 |
|
2014 |
728 |
986 |
648 |
|
2013 |
805 |
1019 |
914 |
|
2012 |
1150 |
1256 |
1141 |
|
2011 |
1368 |
1417 |
1288 |
* The number of mobile phone seized in the Midlands for 2016, 2017 and to date in 2018 is 89, 123 and 66 (up to 26/05/18) respectively.
254. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the steps he is taking to address the current INIS waiting list of over 12 months before processing an application for leave to remain commences for the spouse of an Irish national; if his attention has been drawn to the distress this causes many applicants married to Irish partners who are looking to start a full life together; and if he will make a statement on the matter. [29263/18]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that while the Spouse of Irish National Unit endeavours to process applications as quickly as possible, processing times may vary due to a number of factors, such as the number of applications on hand, individual circumstances, the complexity of applications, whether further information is required, and the resources available.
This is against a background where applications across almost all of the main INIS processing areas continue to increase and present challenges for timely service delivery. However, I am advised by INIS that their practices and procedures have been, and continue to be, reviewed in order to reduce the time it takes to process an application.
It is important to note that the INIS Spouse of Irish National Unit process applications for persons who have no current permission to reside in the State. Accordingly, where an individual enters the State, having initially obtained the correct visa, or where they seek to register their Spouse of an Irish National related immigration permission while 'in permission', they may be registered 'over the counter' at their local Immigration Office in a much simpler procedure.
As the Deputy will appreciate, the onus is on the applicant to remain in permission. Any person who contravenes subsections (2), (3) or (4) of Section 9 of the Immigration Act 2004 is guilty of an offence and liable on summary conviction to a fine not exceeding €3,000 or to imprisonment for a term not exceeding 12 months or both.
I should also mention that if an applicant wishes to work while their application is being processed they may consider applying for a work permit from the Department of Business, Enterprise and Innovation.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
255. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if the INIS has changed policy with regard to the publication of quarterly statistics for student visas as part of the international education strategy; the process by which it was decided; and if he will make a statement on the matter. [29267/18]
View answerIt is assumed the Deputy is referring to the policy document “Investing in Global Relationships – Ireland’s International Education Strategy 2010-15”.
Published in September 2010, the Strategy set out Ireland’s approach to increase the profile of Ireland’s education sector internationally. Under this Strategy, and the follow-up policy document “Irish Educated, Globally Connected – An International Education Strategy for Ireland, 2016-2020”, there were a number of strategic actions for the Irish Naturalisation and Immigration Service (INIS).
I am happy to confirm that many of these actions have been completed, including the extension of the third level graduate programme to allow for graduates at NFQ Level 8 to remain for one year after graduation and for two years for graduates of NFQ Level 9 and above, subject to certain conditions.
As part of the implementation of this Strategy, figures were published quarterly and this took place until the latter half of 2013. Resource constraints with priority being given to the processing of applications generally across the immigration system and the completion of the Strategy were considerations in discontinuing the publication of such statistics at the time.
This approach is being revisited with a view to determining how best to collate and publish these figures in future.
256. Deputy Niall Collins asked the Minister for Justice and Equality when his Department completed reviewing the suggested terms of reference for the independent serious incident review commissioned by the Minister for Children and Youth Affairs' review of the case involving up to 16 children in County Limerick; and if he will make a statement on the matter. [29301/18]
View answerI can advise the Deputy that my Department recently received the draft terms of reference in question and they are currently receiving attention.
This matter, as the Deputy will appreciate, is a complex and sensitive one and it is essential that careful consideration is given to the terms of reference. I can assure the Deputy that my views, and the views of my Department, will be communicated to the Minister for Children and Youth Affairs in the very near future.
257. Deputy Alan Kelly asked the Minister for Justice and Equality when construction of the F wing will begin in the Midlands Prison; the number of prisoners it will accommodate; and if he will make a statement on the matter. [29302/18]
View answerI am advised by my officials in the Irish Prison Service that there are no proposals on hand at present for the construction of a new “F” Wing at the Midlands Prison.
258. Deputy Bríd Smith asked the Minister for Justice and Equality if the newly appointed Garda Commissioner will have full access to State files on the Miami Showband massacre and the activities of Glenanne gang. [29315/18]
View answerFirstly let me say that I am pleased that the rigorous selection process conducted by the Public Appointments Service (PAS) on behalf of the Policing Authority has come to a successful conclusion with the recent decision by Government to approve my proposal to appoint Mr. Drew Harris as the next Garda Commissioner. As Commissioner, Mr Harris will have the full functions of that role including safeguarding the security of the State. On taking up office in September he will, like all entrants to An Garda Síochána, make a solemn declaration under section 16 of the Garda Síochána Act 2005 to uphold the Constitution and the laws of the State. He will also sign the Garda Code of Ethics.
This is the first occasion that the independent Policing Authority has exercised its function in relation to the filling of this important position. I thank the Authority and the Public Appointments Service for their intensive work over the past ten months on this process. The selection process was an open, international one, designed with the objective of attracting the widest possible pool of candidates from diverse backgrounds to ensure that the successful candidate would be tested against international standards in police leadership. I understand it worked well in attracting a strong field of high calibre candidates. All those who put themselves forward were subject to robust scrutiny by an independent expert interview board which determined Mr Harris to be the best person for the office at this time.
The incoming Commissioner is a person of huge ability and the highest integrity and I know he has enormous respect for and knowledge of An Garda Síochána, having worked with members of the organisation as close colleagues over the course of his career.
I am sure that the Deputy will agree that dealing with the legacy of the troubles on this island is a complex and sensitive task, and one to which there are no easy solutions.
The Government, working with the British Government and the parties in Northern Ireland, agreed a framework of measures in the 2014 Stormont House Agreement to seek to address this legacy and we are fully committed to seeing those measures put in place and working in the interests of victims and their families.
The political impasse at the Northern Ireland Executive has delayed the roll out of these measures and the Government will continue to work hard to seek the re-establishment of the Executive for the benefit of all the people of Northern Ireland.
Under the leadership of the incoming Commissioner, the Garda Authorities will continue to co-operate fully with the Police Service of Northern Ireland in respect of all relevant criminal investigations, whether contemporary or historical, in accordance with the arrangements in place. There is also ongoing co-operation with Coroner’s inquests in Northern Ireland and the Police Ombudsman of Northern Ireland in respect of historical investigations.
With regard to unresolved, troubles-related criminal investigations in this jurisdiction, the Garda Authorities will fully pursue any new evidence or information that comes to light with a view to bringing the perpetrators of crimes to justice. There are also regular reviews of cases where it is considered that there may be grounds to advance those investigations.
259. Deputy Eamon Ryan asked the Minister for Justice and Equality further to Parliamentary Question No. 112 of 26 April 2018, when a reply will issue. [29419/18]
View answerAs the Deputy will be aware, decisions in relation to the management and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
I appreciate that this information has been previously requested by the Deputy and I regret that it has not yet been possible to respond. At that time I wrote to the Garda Commissioner requesting the relevant information and I await a report. I have again requested the relevant information and will write to the Deputy as soon as a report is received.
The following deferred reply was received under Standing Order 42.
I refer to Parliamentary Question 112 of 26 April 2018, in which you asked for the reason for the delay in the roll-out of automatic number plate recognition cameras in Dublin city other than at the junction of Benburb Street and Blackhall Place; the timeline for the further roll-out of same; the proposed locations for the cameras; and the number of different types of vehicles found breaking traffic signals in 2017. I refer also to Parliamentary Question 259 of 3 July 2018, in which you sought an update on same.
As you will recall, I undertook to have enquiries made in relation to your query, and officials in my Department contacted An Garda Síochána in this regard.
I am advised by An Garda Síochána that responsibility for the matters raised in your question is jointly held by Dublin City Council and the National Transport Authority. The role of An Garda Síochána in relation to these matters is to perform its statutory function in prosecuting offenders identified by the device installed at the location referenced by the Deputy.
I am further advised by the Garda authorities that the cameras, which were installed at the location to which the Deputy refers, were installed as part of a pilot project under the auspices of Dublin City Council, and that the pilot period has now ended. An Garda Síochána is not aware of current plans by any local authority to introduce such devices at any other locations.
Unfortunately, in relation to the statistical part of your question, I am informed by An Garda Síochána that incidents regarding the breaking of red lights are not recorded in a manner which makes it feasible to provide statistics broken down by vehicle type. I regret that the information sought is therefore not available.
