Written Answers Nos. 158-171
158. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the strength of An Garda Síochána continues to be increased with consequent deployment to various stations throughout County Kildare and the country; and if he will make a statement on the matter. [29993/18]
View answer161. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which Garda strength in each Garda station throughout County Kildare continues to be increased, with particular reference to the optimum requirements in each station; and if he will make a statement on the matter. [29997/18]
View answerI propose to take Questions Nos. 158 and 161 together.
As the Deputy will appreciate, the distribution of personnel is a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
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. Furthermore, when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Commissioner that on 31 May 2018, the latest date for which figures are readily available, the strength of the Kildare Division was 365. There are also 18 Garda Reserves and 30 civilians attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.
I am 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, of whom 93 members have been allocated to the Kildare 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, 400 of whom have attested to date. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division, including the Kildare Division, as new Garda recruits continue to come on stream.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom-based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme. While not all Garda Stations are training stations, it is important to note that the allocation of probationer Gardaí to a Divisional training station facilitates the reassignment of Gardaí to other stations within the Division, if required, by the Divisional Officer.
For the Deputy's information, I have set out in the following table the number of newly attested assigned to the Kildare Division as provided by the Commissioner.
|
Probationer Garda Allocations Kildare Division 2015 to 2018 |
||||||
|
DIVISION |
STATION |
2015 |
2016 |
2017 |
2018 |
Total |
|
KILDARE |
NAAS |
5 |
5 |
24 |
6 |
40 |
|
KILDARE |
9 |
5 |
2 |
16 |
||
|
NEWBRIDGE |
5 |
8 |
13 |
|||
|
LEIXLIP |
4 |
5 |
10 |
5 |
24 |
|
|
Total |
14 |
19 |
47 |
13 |
93 |
|
159. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the bail laws need to be further enhanced to ensure that repeat offenders are not offered bail as a matter of course; and if he will make a statement on the matter. [29994/18]
View answerLast year the Government strengthened the bail system with the introduction of the Criminal Justice Act 2017. This is an important piece of legislation, which strengthens the powers of the Courts and of the Gardaí in dealing with persistent serious offenders. The Act places a greater emphasis on the rights and the safety of victims and of the public in bail decisions, while continuing to safeguard the rights of the accused. It provides increased guidance for the courts and greater transparency in the bail process. The court has the power to refuse bail where there are reasonable grounds to believe the person is likely to commit a serious offence. In assessing this likelihood, the court must take into account the nature and seriousness of the offence and the accused person’s previous offending and may also take into account the danger he or she poses to the public if bail is granted. The court is also required to give specific reasons for a bail decision including the granting of bail, the refusal of bail and the imposition of conditions of bail.
These considerable changes to the bail system were only brought into force 10 months ago so their impact is not yet reflected in the annual crime statistics. It is necessary to evaluate the impact of the Criminal Justice Act 2017 before determining whether further changes to the bail system are required.
160. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons who have reoffended while on bail in each of the past three years to date; and if he will make a statement on the matter. [29995/18]
View answer162. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons before the courts who have absconded while on bail for more than one offence; and if he will make a statement on the matter. [29998/18]
View answerI propose to take Questions Nos. 160 and 162 together.
As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the presiding Judge, who is, subject only to the Constitution and the law, independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
The Criminal Justice Act 2017 (changed from the Bail (Amendment) Bill 2016), which was enacted in June of this year, strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, the Court will be required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Court will also have the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.
Where an accused person is granted bail, the Act will provide for stricter bail terms for repeat serious offenders, strengthen Garda powers to deal with breaches of bail, increase the use of curfews, and allow for the introduction of electronic tagging for those on bail in certain circumstances where requested by Gardaí.
I am advised by the Courts Service that figures can only be provided in respect of the number of bench warrants issued for persons who breached their bail and did not appear in Court. The figures cannot indicate if the person was on bail for more than one offence or if they had more than one active bail bond at the same time. The below table outlines the number of persons where bench warrants for breach of bail were issued between December 2017 and 30 June 2018. When reviewing the information, it is worth noting the following:
- If a person received more than one warrant the person only appears once on the report.
- A Bench Warrant may cover more than one offence.
- The report displays the number of bench warrants issued. Some may have been executed and some are still outstanding.
|
Date |
No. of Persons where bench warrants issued for breach of bail |
|
Jan–Dec 2017 |
9,332 |
|
Jan–30 June 2018 |
6,085 |
163. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which specific procedures are in place to ensure that first-time prisoners are given priority for education and rehabilitative training, with particular reference to reducing the influence on them of more hardened criminals; and if he will make a statement on the matter. [29999/18]
View answerI am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law-abiding lives on release. These programmes are available in all prisons, and all prisoners are eligible to use the services.
164. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate and appropriate space remains available throughout the Irish Prison Service to accommodate the various categories of prisoner, with particular reference to the need to segregate serious offenders from those found guilty of less serious crime; and if he will make a statement on the matter. [30000/18]
View answer169. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate and sufficient prison spaces are available to meet requirements; and if he will make a statement on the matter. [30005/18]
View answerI propose to take Questions Nos. 164 and 169 together.
I am advised by my officials in the Irish Prison Service that as of 4 July 2018 there were 4,000 prisoners in custody with a bed capacity of 4,269 which allows for the safe and secure custody for all categories of prisoner. This equates to an occupancy rate of 94%.
I can inform the Deputy that all committals to the prison service are dealt with in a manner which protects the safety of the prisoners themselves, the staff and the entire prisoner population. Each prisoner is placed in accommodation deemed appropriate to the individual based on the information made available to the prison staff on committal, which would include health, the nature of the offence, criminal connections and possible conflicts with other prisoners.
The Deputy will appreciate that my officials are concentrating on aligning our prisoner population numbers with the Inspector of Prisons' recommendations in those prisons which are currently over capacity, namely Limerick Prison, the Dochas Centre and Cork Prison. It must be acknowledged that the Irish Prison Service must accept all prisoners committed by the Courts and they do not have the option of refusing to take prisoners into custody whether sentenced, on remand or awaiting trial. Currently, there are particularly high numbers of prisoners on remand or awaiting trial in custody. On 4 July 2018, 17% of the overall prisoner population were on remand or awaiting trial. These prisoners must remain in custody until such time as they are either sentenced or released by the Courts Service.
My officials in the Irish Prison Service continue to work closely with Governors and prison-based services in the prisons which are currently over capacity, towards identifying prisoners who may be suitable for transfer to another prison or for prisoners who may be suitable for structured early release, in order to reduce numbers and improve the living and working conditions for both prisoners and staff in these prisons.
Works on the replacement of the B Division at Limerick Prison which will accommodate approximately 100 male prisoners and a new unit for 50 female prisoners on the site of Limerick Prison are expected to commence in late summer and will hopefully be completed within 33 months. This project will greatly improve the living conditions for the male and female prisoners in Limerick Prison, and bring additional capacity to the system as a whole.
165. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which various cold cases continue to receive attention; if he remains satisfied with the adequacy of resources available in respect of such cases; and if he will make a statement on the matter. [30001/18]
View answerI am informed by the Garda authorities that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved including the identification of evidence and witnesses to assist in the development of these cases.
I am further advised that at the conclusion of each review by the SCRT, a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner and his management team in the light of identified operational demands. However, all Garda activities, including the investigation of unsolved cases, will benefit from the very significant investments which have been made in policing resources - all of which will support enhanced investigation and detection of crime, and benefit ongoing investigations.
Indeed, some €1.65 billion has been allocated to the Garda Vote for 2018. This is an increase of approximately 2% over the allocation for 2017. €98.5m has been provided for Garda overtime for 2018, which represents an increase of €10 million over the initial allocation for 2017 (which amounted to €88.5 million). In November 2017, the Minister for Justice and Equality secured a supplementary estimate of some €42 million for Garda overtime, bringing the spend for 2017 to over €130 million. This compares to a spend in previous years of €91 million in 2016, €56 million in 2015 and some €37.7 million in 2014.
166. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he remains satisfied with the quality and standard of accommodation available to refugees and asylum seekers through the direct provision system; and if he will make a statement on the matter. [30002/18]
View answerMy Department, through the Reception & Integration Agency (RIA), is responsible for the provision of accommodation and related services to protection applicants while they await a decision on their claim for international protection. The standard of accommodation provided to residents is regularly reviewed. The Government has invested in improving the standard of accommodation provided to residents in a number of key ways.
The McMahon report was published in June of 2015. This report forms the basis for ongoing improvements across the entirety of the system involving all Government Departments and Agencies.
The Department is implementing a large number of these commitments within two broad themes. The first of these was by way of reforming legislation with the commencement of the International Protection Act 2015 on 31 December 2016.
A key feature of this new legislation was the introduction of a new single application procedure which will significantly accelerate the protection determination process and by extension will reduce the length of time which applicants spend in State-provided accommodation.
Improvements to Accommodation
The second major theme of improvements is in the area of the delivery of services.
Following from the McMahon report and, in particular, since the publication of the Programme for a Partnership Government, a number of recommendations in relation to physical improvements to accommodation are being rolled out. The following are some examples:
- The introduction of full independent living at the Mosney Accommodation centre - each family is now able to acquire fresh food to their liking so they may prepare meals themselves. The new home cooking arrangements in Mosney went live on 23 January 2017.
- The full independent living model was subsequently rolled out in Ballyhaunis and Clonakilty in 2017 and in Athlone and Millstreet to date in 2018. The independent living model is scheduled to commence in Bridgewater House in Carrick-On-Suir, Montague Hotel in Emo and the Birchwood Accommodation Centre in Waterford City by the end of Q3 2018.
- Communal cooking facilities are being rolled out to other centres including the State-owned centres (Killarney, Tralee, Knocklisheen in Limerick and Kinsale Road in Cork) and St Patrick’s in Monaghan, Ocean View in Tramore and any other centres in which families are resident.
- A complete refurbishment consisting of triple glazed windows and doors and refurbished interiors in each accommodation unit at the Athlone Accommodation Centre.
- Improvements to a number of outdoor playgrounds and football pitches to provide for ‘all-weather’ facilities.
- Teenagers' rooms in centres to provide social areas for this age group.
Recommendations of the McMahon report that involve structural changes or improvements continue be implemented as quickly as possible, with due consideration of possible fire safety, building regulation and planning issues.
Development of Standards for Accommodation Centres
A Working Group comprising of members of the NGO sector and officials from the Department of Children and Youth Affairs and my Department has been developing a standards document which will see a high quality of accommodation services being available for persons in the protection process. A public consultation process on these standards will commence shortly.
Remit of Ombudsmen
Another key recommendation of the McMahon report was that the remit of the Ombudsman and the Ombudsman for Children should be extended to cover those who are living in State-provided accommodation. This has now been implemented and the remit for both offices was extended with effect from Monday 3 April 2017.
Inspections of Accommodation Centres
All centres are scheduled for inspection at least 3 times a year, twice by staff from the RIA and once by an independent inspection service. The inspections examine all rooms in the centre and assess the cleanliness and physical appearance of centres, the quality and variety of food options and health and safety issues and provide residents with the opportunity to report any issues directly to the inspector. These inspection reports are published on the RIA website.
As can be seen from the foregoing, significant improvements have either been implemented or are being implemented across all aspects of the system of supports for those in the protection process.
167. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners on parole of short, medium or long duration in each of the past six years to date; and if he will make a statement on the matter. [30003/18]
View answerAs the Deputy is aware, periods of temporary release granted can vary greatly from a few hours following a family bereavement to, for example, a requirement to report to the prison every 12 months in the case of a life sentence prisoner who has been released into the community a considerable time ago.
It is not possible to provide figures to the Deputy for all forms of temporary release as this would require the manual examination of a substantial number of records. Such an examination would require a disproportionate and inordinate amount of staff time and effort and could not be justified in current circumstances where there are other significant demands on resources.
I can advise the Deputy that on 29 June 2018, the number of prisoners, including life sentence prisoners released into the community under the supervision of the Probation Service, was 298, which represented approximately 7% of the overall prison population.
168. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which forensic technology available to An Garda Síochána remains comparable to that in other jurisdictions throughout Europe; and if he will make a statement on the matter. [30004/18]
View answerAs the Deputy will be aware, the two bodies responsible for forensics in relation to policing in Ireland are the Garda Síochána National Technical Bureau and Forensic Science Ireland (FSI), which is under my Department. Both operate to the highest standards and their staff are to be commended on their expertise and dedication to the application of science to crime investigation in Ireland over many years.
The Garda National Technical Bureau provides assistance and technical support in the investigation of crime by conducting forensic examinations of crime scenes and the forensic examination of exhibits from such crime scenes and elsewhere. The Technical Bureau is a modern forensic examination facility with state of the art examination equipment and appropriately trained and qualified expert personnel in the areas of fingerprint examination, ballistic and firearm examination, forensic photography, forensic document and handwriting examination and the mapping of crime scenes. The Bureau received ISO 17025 accreditation in February 2016.
FSI offers a broad range of forensic services that includes DNA analysis, drugs identification and quantification methods and physical and chemical analysis techniques. FSI has received ISO 17025 accreditation and is a member of the European Network of Forensic Science Institutions (ENFSI). Many of these techniques are also used by other members of the ENFSI and this network promotes sharing and adoption of best practices across institutes.
The Deputy may wish to note that construction of a new FSI laboratory at the Backweston campus, Co. Kildare, will commence in the near future providing a modern, purpose-built facility, achieving best practice standards for evidence processing, analysis and storage.
170. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of female members of An Garda Síochána at all ranks; the degree to which the numbers have fluctuated over the past ten years to date; and if he will make a statement on the matter. [30006/18]
View answerI am informed by the Commissioner that the total number of women in all ranks of An Garda Síochána as of the 31 May 2018, the latest date for which figures are currently available, was 3,628 or 26.6% of the total strength. This compares favourably with the number on 31 December 2008, which was 3,130 or 21.7% of the total strength.
For the Deputy's information I have set out in the table the number of women by rank on the 31 December 2008 and on the 31 May 2018, the latest date for which figures are currently available, as supplied by the Commissioner.
An Garda Síochána Female Strength on 31 December 2008 and 31 May 2018
|
Rank |
2008 |
2018 |
||
|
Total Garda Strength |
No. Females (% of total) |
Total Garda Strength |
No. Females (% of total) |
|
|
Commissioner |
1 |
0 (0%) |
0 |
0 |
|
D/Commissioner |
2 |
0 (0%) |
2 |
0 (0%) |
|
A/Commissioner |
12 |
1 (8%) |
9 |
2 (22%) |
|
C/Superintendent |
52 |
3 (6%) |
44 |
7 (16%) |
|
Superintendent |
187 |
10 (5%) |
165 |
15 (9%) |
|
Inspector |
344 |
23 (7%) |
251 |
36 (14%) |
|
Sergeant |
2,229 |
258 (12%) |
1,845 |
339 (18%) |
|
Garda |
11,585 |
2,835 (24%) |
11,288 |
3,229 (29%) |
|
Total |
14,412 |
3,130 (22%) |
13,604 |
3,628 (27%) |
171. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the action being taken or that can be taken to address the issue of threats and intimidation against individual members of An Garda Síochána; and if he will make a statement on the matter. [30007/18]
View answerI am sure the Deputy will agree that we are all immensely grateful to An Garda Síochána for their outstanding dedication and commitment and for the important role, all too frequently putting themselves in danger, that they play in our society. It is imperative that Gardaí are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.
The Criminal Justice (Public Order) Act 1994 (as amended) provides explicit statutory protection for peace officers, including members of the Garda Síochána, in relation to offences involving assault to or obstruction of a peace officer in the execution of his or her duty. Section 19 of that Act provides that any person who assaults a peace officer acting in the execution of his or her duty is guilty of an offence and is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years. This maximum prison penalty was, in fact, increased from a 5 year term under the Criminal Justice Act of 2006.
The general law relating to assault is contained in the Non-Fatal Offences against the Persons Act 1997, which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties. The assault and related provisions in that Act apply to assaults on all sectors of our community, which of course also includes members of the Garda Síochána.
The Deputy will be aware that this Government remains 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 deter crime.
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, 400 of whom have attested to date. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division.
