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Thursday, 5 Jul 2018

Written Answers Nos. 34-53

Garda Procedures

Questions (34)

Denise Mitchell

Question:

34. Deputy Denise Mitchell asked the Minister for Justice and Equality if he is satisfied with the progress made in the implementation of the recommendations in a person's (details supplied) report on the use of section 12 of Child Care Act 1991 by An Garda Síochána; the timeframe for the implementation of outstanding recommendations; and if he will make a statement on the matter. [25557/18]

View answer

Written answers

As the Deputy is aware, there are great sensitivities and trauma associated with the removal of a child from their parent or legal guardian. However, Section 12 of the Child Care Act 1991 is an essential legal mechanism through which the Garda Síochána performs its child protection function, and it is only used as a measure of last resort.

It is important to recognise that the report specified indicates that Gardaí use these powers following careful consideration of the circumstances and available evidence. It also speaks very highly about the efforts made by Members of An Garda Síochána in treating children with sensitivity and compassion.

I am advised by the Garda authorities that regular monthly meetings are held with the author of the report and he is kept fully informed of progress in this matter.  The last meeting was held on the 18th May 2018, during which all progress and any proposed amendments to recommendations were discussed and agreed with the author, who has indicated his satisfaction with progress, most notably at a conference held by The Irish Society for the Prevention of Cruelty to Children (ISPCC).

The Deputy will be aware that a number of the recommendations are common to both An Garda Síochána and TUSLA, and a joint-agency sub-group under the National Child Safeguarding Strategic Liaison Committee has been established to progress those recommendations.  While a large number of the recommendations are at an advanced stage of implementation, others are more complex and are subject of further discussion with the Author.

I am further advised that as the recommendations contained within the report are similar to those included in the Garda Inspectorate Reports (Responding to Child Sexual Abuse), both reports are being actioned together. The recommendations contained in the report are being progressed under the direction of a Detective Superintendent attached to the Garda National Protective Services Bureau.  Implementation of the recommendations is a priority for An Garda Síochána and the National Child Protection Unit has been tasked with ensuring that all the recommendations are assessed, evaluated and actioned.

Asylum Applications Data

Questions (35)

Robert Troy

Question:

35. Deputy Robert Troy asked the Minister for Justice and Equality if he has received requests to accommodate persecuted members of the LGBTI community from the Chechen Republic and grant them international protection within the meaning of the 1951 UN Convention relating to the Status of Refugees. [29602/18]

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Written answers

I am obliged by law to keep information on asylum applicants confidential and it is an offence to identify a person that has applied for international protection in Ireland.  It is in that context that I cannot provide the information sought by the Deputy as it could potentially lead to the identification of protection applicants.

If an application for asylum or subsidiary protection has been made in the State, for confidentiality reasons it is not the practice to comment on such applications and the applicant or his legal representative should contact either the International Protection Office (IPO) or the International Protection Appeals Tribunal (IPAT) directly, as appropriate.

The IPO may be contacted either by email to info@ipo.gov.ie, by telephone to the IPO Customer Service Centre at 01 6028008, or in writing to Customer Service Centre, International Protection Office, 79-83 Lower Mount Street, Dublin 2. The International Protection Appeals Tribunal may be contacted either by email to info@protectionappeals.ie, by telephone at 01 474 8400 (or Lo-Call 1890 201 458), or in writing to Corporate Services Division, The International Protection Appeals Tribunal, 6-7 Hanover Street East, Dublin D02 W320.

Following the commencement of the International Protection Act 2015 on 31 December 2016, new arrangements for the investigation and determination of applications for international protection (refugee status and subsidiary protection) and cases involving permission to remain in the State have been introduced. Such applications are now processed, as part of a single application procedure, by the International Protection Office (IPO) which has replaced the Office of the Refugee Applications Commissioner (ORAC) from that date. The staff of that Office (the Chief International Protection Officer and International Protection Officers) are independent in the performance of their protection functions.

Garda Misconduct Allegations

Questions (36)

Clare Daly

Question:

36. Deputy Clare Daly asked the Minister for Justice and Equality the progress of the statutory inquiries initiated after the internal review mechanism. [28882/18]

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Written answers

The Deputy's question refers to five statutory inquiries which arose out of the recommendations of Counsel of the Independent Review Mechanism. These inquiries were established on 15 May 2017 under Section 42 of the Garda Síochána Act 2005.

A retired judge was appointed to conduct each of these inquiries and the Orders establishing the inquiries prescribe that on conclusion of each one, a report will be submitted to me.

I am pleased to advise the Deputy that since my response to Question 77 of 17 April 2018, two of these inquiries have concluded and reports have been furnished to me.

I can confirm that, following receipt of advice from the Attorney General, a copy of the report compiled by Judge Mary Collins into matters relating to the death of Mr. James Clancy has been provided to the Clancy family, and is expected to be published in the coming weeks.

A report compiled by Judge Daniel Herbert into the circumstances surrounding the death of Mr. James Kelly and the subsequent Garda investigation has also been received by me, and is currently being considered in consultation with the Office of the Attorney General, with a view to making this available to the Kelly family shortly.

Work is continuing  in respect of each of the three remaining inquiries. I expect to receive the first of the these reports by the end of September, whilst the two remaining inquiries have been extended until the 31 December 2018.

Insurance Fraud

Questions (37)

Maureen O'Sullivan

Question:

37. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the status of the establishment of a specific Garda insurance fraud unit; his views on whether there is a need for same with funding for the unit provided by the insurance industry; and if he will make a statement on the matter. [29219/18]

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Written answers

Recommendation 26 of the ‘Report on the Cost of Motor Insurance’, published in January 2017, relates to exploring the potential for further cooperation between the insurance sector and An Garda Síochána in relation to insurance fraud investigation. Specifically, this involves considering the feasibility of establishing a specialised and dedicated insurance fraud unit within An Garda Síochána, funded by industry.

The Garda National Economic Crime Bureau (GNECB) has engaged with Insurance Ireland, submitting a mechanism for further cooperation and a costed proposal to Insurance Ireland in the latter half of 2017. Insurance Ireland agreed to explore the proposal further, subject to a full cost benefit analysis, which was carried out by Insurance Ireland’s Chief Financial Officers Working Group. 

Insurance Ireland informed the Minister of State at the Department of Finance, Mr Michael D’Arcy, T.D., of the outcome of their analysis on 2 July, recommending industry funding of a Garda insurance fraud unit. This outcome has also been communicated to An Garda Síochána and the Garda Commissioner has approved the proposal in principle.

Officials in my Department are now engaging with the GNECB in order to progress this recommendation. The intention is that such a dedicated Garda unit will be funded by Insurance Ireland members and non-members alike, i.e. all entities writing non-life insurance business in Ireland. 

The final proposed mechanism will, of course, be subject to the formal approval of the Garda Commissioner and myself, as Minister for Justice and Equality.

Immigrant Investor Programme Administration

Questions (38)

Jack Chambers

Question:

38. Deputy Jack Chambers asked the Minister for Justice and Equality if the review of the immigrant investor programme will be published; his views on recent media reports on the programme; and if he will make a statement on the matter. [28902/18]

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Written answers

The Immigrant Investor Programme (IIP) was introduced by the Government in April 2012 to encourage inward investment for the creation of business and employment opportunities in the State. The programme provides non-EEA national investors with options to invest in Ireland. The criteria for the programme are that the investments are beneficial for Ireland, generate or sustain employment and are generally in the public interest. 

The immigrant investor is required to make an investment of €1 million in Irish projects for a minimum of three years and on confirmation of receipt of the investment, they receive Stamp 4 residency permission for an initial period of two years and which may thereafter be renewed for 3 years following a review. Any investor who withdraws their investment from a Fund or any other approved investment loses any immigration permission granted under the programme.

I should point out that the Investment Fund Option under the IIP comprises around 10% of the overall Programme by which investors may invest in Ireland and obtain permission. All Fund applications submitted to the Evaluation Committee for consideration must, in the first instance, be in respect of a Fund approved and regulated by the Central Bank of Ireland and must meet the published guidelines of the IIP programme. Any Fund not meeting these requirements would not be considered as a suitable investment vehicle and would not be in compliance with the IIP.

The article referred to by the Deputy arises from the release of an internal note under the FOI Act by the Central Bank relating to a meeting between officials from the Central Bank and INIS in regard to the IIP. The meeting focussed on the role of the Central Bank in the regulation of Funds operating as part of the IIP.  With regard to the apparent anomaly referred to, I understand that officials from INIS are scheduled to meet with colleagues from the Central Bank in the near future and are happy to clarify matters with them.  

Separately, INIS has scheduled a review of the overall programme in the second half of this year taking into account, among other matters, the changing economic climate, and will be consulting with a wide range of stakeholders in that regard.  It is intended to publish the outcomes of this review in due course.

Garda Deployment

Questions (39)

Brian Stanley

Question:

39. Deputy Brian Stanley asked the Minister for Justice and Equality if sufficient resources are available to gardaí in the Laois and Offaly division to deal with the upsurge in criminal activity. [29327/18]

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Written answers

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

I am informed by the Commissioner that the number of Gardaí assigned to the Laois/Offaly Division on 31 May 2018, the latest date for which information is readily available, was 345. There are also 16 Garda Reserves and 25 Garda civilian staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.  

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 82 members have been assigned to the Laois/Offaly 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 Laois/Offaly Division, as new Garda recruits continue to come on stream.

The Government remains committed to a vigorous and comprehensive response to burglary, theft and other property-related crime. Rural communities including those in the Laois/Offaly Division will benefit from the significant injection of policing resources provided by the Government and the concentrated anti-crime drive coordinated under Operation Thor. The scale of Garda activity against burglary and property-related crime under Operation Thor has led to concentrated Garda activity. As of 17 May 2018, 130,702 targeted checkpoints and 151,819 crime prevention patrols have been conducted nationwide. To give you an idea of the impact of the Operation, I can inform you that this concentrated policing activity has produced in the region of 7,569 arrests and 8,613 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.

I want to reassure you that criminal gangs that target all areas of the country and prey on rural communities are continuously monitored and relentlessly targeted by An Garda Síochána.

EU Directives

Questions (40)

Jim O'Callaghan

Question:

40. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when he plans to seek approval to take the necessary measures to seek approval from Dáil Éireann to opt into EU Directive COM/2018/226 and regulation COM/2018/225 relating to e-evidence; and if he will make a statement on the matter. [29635/18]

View answer

Written answers

I wish to advise the Deputy that the Government is currently considering the matter of opting into the Regulation in question.

The question of opting into the Directive does not arise due to its legal bases (Articles 53 and 62 TFEU) which differs from that of the Regulation (Article 82(1) TFEU). The Directive is binding on all Member States and Ireland cannot avail of an opt in/opt out process where the Directive is concerned.

Opting into the Regulation will, of course, require the approval of the Oireachtas in accordance with Article 29.4.7 of the Constitution and, subject to the approval of the Government, I will immediately take the necessary steps in that regard.

Asylum Applications Data

Questions (41)

Catherine Murphy

Question:

41. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons refused asylum; the number of deportations that resulted from a refusal to grant asylum; the number of appeals made against the decision to refuse asylum; the number of successful appeals in mentioned in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [29641/18]

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Written answers

Based on the most recently available information, the statistics requested by the Deputy are outlined as follows.

 

2015

2016

2017

2018 (to 31 May)

No. of persons Refused Asylum

1074

2169

985

967

No. of Deportations (on foot of   refusal of asylum)

175

356

99

37

Please note the following:

The 2015 and 2016 figures on the number of persons who were refused asylum (refugee status) is on the basis of recommendations by the Office of the Refugee Applications Commissioner (ORAC). The 2017 and 2018 figures on the number of persons who were refused asylum (refugee status) are on the basis of recommendations by the International Protection Office (IPO).

Recommendations to refuse asylum

(1) Figures provided for all the years in question deal with recommendations issued by the ORAC/IPO to refuse asylum/refugee status.

Please note the figures do not include:

(a) Applicants who did not receive a negative recommendation as they were transferred to another jurisdiction through the Dublin process. 

(b) Applicants in the IPO who voluntarily withdrew in 2017 and up to end of May 2018 under the International Protection Act 2015, as the IPO does not make a recommendation to refuse Refugee Status Determination (RSD) for applicants who indicate their intention to withdraw under Section 37 of the 2015 Act.  The Minister refuses a declaration in such cases.

The figures include:

Applicants who voluntarily withdrew in 2015 and 2016, as ORAC did make a negative recommendation in respect of these applicants under Section 13(2) of the Refugee Act 1996.

In the case of the IPO, it should be noted that some applicants who received a negative recommendation for asylum/RSD in 2017 and 2018 (to end May 2018) could subsequently have been given a positive Subsidiary Protection recommendation or Permission to Remain (PTR) decision.

We have not been able to compile the Appeal figures in the time available and we will be in contact with the Deputy directly when this data becomes available.

Prisoner Releases

Questions (42)

Clare Daly

Question:

42. Deputy Clare Daly asked the Minister for Justice and Equality if he or his departmental officials have had discussions with the Irish Prison Service regarding the handling of the investigations into the release of a person (details supplied); if he has proposed action regarding same; and if he will make a statement on the matter. [28881/18]

View answer

Written answers

I am advised by the Irish Prison Service that there have been no discussions with departmental officials regarding the handling of the investigation into this matter. 

Garda Deployment

Questions (43)

Eugene Murphy

Question:

43. Deputy Eugene Murphy asked the Minister for Justice and Equality the status of the area Garda headquarters, Mountbellew, County Galway; the number of staff employed there on 1 January 2017; the number of staff employed there at present; the number of staff employed in the other stations under the area headquarters; the reason an administrator and retired members have not been replaced in Mountbellew; the current and future plans for the station; and if he will make a statement on the matter. [28908/18]

View answer

Written answers

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

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.

The Deputy will be aware that Mountbellew Garda Station forms part of the Ballinasloe District in the Galway Division. I am informed by the Commissioner that the number of Gardaí assigned to that Division on 31 May 2018, the latest date for which information is readily available, was 576, of whom 6 were assigned to Mountbellow Garda Station. There are also 31 Garda Reserves and 60 Garda civilian staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.  

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just over 1,960 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 27 members have been assigned to the Galway 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 Galway Division

The Deputy will appreciate that 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 the 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.

The Garda Station Building and Refurbishment Programme 2016-2021 is an ambitious 5 year Programme, based on agreed Garda priorities, that will benefit over thirty locations around the country. I am informed by the Garda authorities that the programme does not include any provision to redevelop or refurbish Mountbellew Garda Station.

However the Deputy will be aware that development of a new Divisional and Regional Headquarters is nearing completion in Galway.  Over €100 million was committed to progress that development, together with new Divisional and Regional Headquarters already completed in Wexford and Kevin Street, Dublin.

For the Deputy’s information I have set out in tabular form the number of Gardaí attached to the Ballinasloe District on 31 December 2016 and on 31 May 2018, the latest date for which figures are currently available as supplied by the Commissioner.

Strength of the Ballinasloe District on 31   December 2016 and on 31 May 2018

District

Station

31 Dec 2016

31 May 2018

BALLINASLOE         

AHASCRAGH         

1

1

 

BALLINASLOE         

41

46

 

BALLYGAR          

1

1

 

CREGGS             

1

1

 

KILCONNELL

1

-

 

MOUNT BELLEW        

7

6

 

MOYLOUGH          

1

1

 

 TOTAL

53

56

Direct Provision Data

Questions (44)

Catherine Murphy

Question:

44. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of persons in direct provision who have had their asylum application granted but remain in the system; the reason these persons remain in the system; his plans to address the situation; and if he will make a statement on the matter. [29642/18]

View answer

Written answers

The number of persons that have some form of a permission to remain in the State and still residing in RIA accommodation at the end of June 2018 was 586.

My Department cannot definitively state the individual reason(s) why a person or family may remain in accommodation centres.  Anecdotally it is known that some families may not move house during the school terms and especially so when one of the family may be undertaking state examinations. As a result, any moves that may take place in these circumstances could happen between June and August.

In the last number of years, residents report on the difficulties in sourcing suitable accommodation, especially in the Dublin/greater Dublin area, surrounding counties and other large urban areas. 

My Department has provided funding through the Asylum Migration and Integration Fund to NGOs to provide supports to persons with status to move into permanent homes. The Department has also contracted with an approved housing body to identify suitable accommodation and provide practical assistance to residents to transfer to permanent homes in communities. This partnership began in the Dublin area and is expected to be extended to assist residents in other accommodation centres outside of Dublin.

Garda Deployment

Questions (45)

Martin Heydon

Question:

45. Deputy Martin Heydon asked the Minister for Justice and Equality the number of gardaí assigned to County Kildare; his plans for future allocations; and if he will make a statement on the matter. [29661/18]

View answer

Written answers

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

I am informed by the Commissioner that 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 assigned 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 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 Division, including the Kildare Division, as new Garda recruits continue to come on stream.

Protected Disclosures Data

Questions (46)

Mick Wallace

Question:

46. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the functioning of the protected disclosures system in An Garda Síochána; his further views on whether it is serving the needs of those who make a protected disclosure; the number of protected disclosures An Garda Síochána has received since 2014 under this system; the number of the disclosures that are still under active investigation; the length of time each investigation has taken; and if he will make a statement on the matter. [29601/18]

View answer

Written answers

As the Deputy is aware, the Protected Disclosures Act came into effect on 15 July 2014. In relation to members of An Garda Síochána, the introduction of that Act replaced the previous system of making disclosures to a Confidential Recipient.  The Act was part of the then Government's comprehensive approach to enhancing the protections available to whistle-blowers, including members of the Garda Síochána.

Under the Act, members of the Garda Síochána may communicate their concerns to the Garda Commissioner, as their employer if they so choose, or they may make a disclosure to GSOC, which is a statutorily independent body, for investigation.  Additionally, the legislation allows that an individual employed by a public body may also make a Protected Disclosure to the Minister with responsibility for that body; in the case of An Garda Síochána, that is me.

The core provisions in the Act provide for protection from dismissal and other forms of penalisation for the making of a protected disclosure, and for the protection of the identity of persons making disclosures.  This right to anonymity afforded to the Discloser and the confidentiality of the process, is central to the efficacy of that process. 

The Garda Síochána have published a Protected Disclosures Policy and all Garda members and civilians have been informed of this policy.  Furthermore, the Garda Commissioner has appointed a Protected Disclosures Manager. The Garda Síochána have been working with Transparency International Ireland and other external providers to create an environment to ensure that whistleblowers are properly protected and supported. An “Integrity at Work” pledge and “Integrity at Work Membership Agreement” was signed by the Garda Commissioner and Transparency International Ireland on 4 October, 2017.  The Garda Síochána Code of Ethics includes very strong commitments in relation to 'Speaking Up and Reporting Wrongdoing'.

As the Deputy is aware, in 2016 the then Minister requested the Policing Authority to examine and report on the policies and procedures in place in An Garda Síochána to deal with whistle-blowers and whistleblowing. The Authority was also asked to make any recommendations that it considered appropriate in order to ensure that the policies and procedures in place are appropriate and can provide assurance that whistle-blowers can make complaints or allegations in a safe environment where their complaints or allegations are properly investigated.

The Policing Authority completed its review and reported in November, 2016.  The Report was laid before both Houses in accordance with the Garda Síochána Act 2005.

Taken together, I am satisfied that the comprehensive actions taken by this Government to support and protect those, including staff of An Garda Síochána, who make protected disclosures are having a real and positive impact.

I have requested the data sought by the Deputy from the Garda Commissioner and I will forward it when it is available.

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

Judicial Appointments

Questions (47)

Jim O'Callaghan

Question:

47. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if criticism relating to judicial independence levelled against the State in the recent report by the Group of States against Corruption will be addressed; and if he will make a statement on the matter. [29634/18]

View answer

Written answers

The Deputy will be aware that I have already answered written questions on related matters in this House on the 3rd of July. GRECO recently produced a Fourth Round Evaluation Interim Compliance Report in relation to Ireland, on 22 June 2018 following the GRECO 80th Plenary meeting held in Strasbourg on 18-22 June. This Report had been produced in earlier drafts and we had been given the opportunity to comment on its draft conclusions, including by way of participating in the consideration of the report at the recent plenary.  The judiciary also furnished their observations directly to GRECO on the matter.  GRECO will publish the report following the authorisation of the Irish Government and my intention, subject to Government approval, is that this would happen today.

The recent Report specifically welcomed developments in relation to the Judicial Council Bill, which is at present in the course of passage through the other House and will be coming before this House in the autumn and referred to the role of the new Council in underpinning the independence of the judiciary

In relation to the Judicial Appointments Bill,  GRECO had expressed significant concerns regarding the proposed composition, in particular the minority of judges and a strong lay representation (including the chairperson). They had expressed a view in an earlier version of the report that in this regard the Bill is not in line with European standards.  In the report which will shortly be published, they removed their assertion that the Bill is not in line with European standards, instead questioning whether it is in line with European standards.  The GRECO views in this area are based on a Recommendation of the Council of Europe from 2010, adopted by the Committee of Ministers of the Council of Europe in 2012, which among other things recommended a judicial appointments body ‘drawn in substantial part from the judiciary’.  GRECO states that the Bill, as far as the composition of the new body is concerned needs to reflect European standards, aiming at securing judicial independence, through more substantial judicial representation in  the overall composition. GRECO also refers to the need to limit the potential risks of improper influence from the executive/political power over the appointment process to the judiciary. Again, as the Deputy will be aware, amendments which I proposed to the Dáil during the Report Stage had the effect of ensuring that the Presidents of the Circuit and District Courts were included in the membership of the Commission.

Senior officials from my Department attended the GRECO plenary meeting in Strasbourg on 18-22 June and questioned the view that the presence of the Chief Justice (as head of the Supreme Court) and the four other Presidents of Courts on the new Commission is anything other than a body ‘drawn in substantial part from the judiciary.’  The proposition that Ireland is not in line with European standards was also questioned in this regard since the  Council of Europe Recommendation relied on does not equate the term ‘substantial part’ to a majority of judges or, indeed, half of the membership of such a body. It was also pointed out that the Recommendation itself specifies, in relation to countries which have judicial appointments bodies where the body does both selection and appointment of judges, that those bodies should be made up ‘at least half’ of judges, thus not specifying a majority even in that case. It was also pointed out to the GRECO meeting that the 2010 Recommendation of the Council of Europe also sets specifically that the membership of judicial selection authorities should ensure the widest possible representation and that this is one of the reasons why the Judicial Appointments Commission Bill 2017 provides for a large cohort of lay members, carefully and independently selected according to very specific skills and experience criteria, by the Public Appointments Service.

There are no internationally binding norms in relation to the composition of judicial selection bodies. Other views have also been formally expressed in this area including in the ENCJ (European Network of Councils for the Judiciary) Dublin Declaration (2012) which stated that: “The procedures for the recruitment, selection or (where relevant) promotion of members of the judiciary ought to placed in the hands of a body independent of government in which a relevant number of members of the judiciary are directly involved and that the membership of this body should comprise a majority of individuals independent of government influence.”   

I have already pointed out in the other House in recent days that the Judicial Appointments Bill in my view actually strengthens judicial independence by, among other things:

- providing for a reduced number of names of nominees for judicial appointment to go to Government

- the inclusion of all judicial appointments in the new process including promotions of judges from one court to another which are at present done outside the existing Judicial Appointments Advisory Board

- reducing the role of Government in selection of the lay chairperson and members of the Commission which will now be done by PAS with PAS nominating the exact number of required appointees and the appointments being made only following affirming resolutions of the Houses of the Oireachtas

- the stipulation in the Bill that all appointments will be on merit; and

- the professionalization of the judicial selection process which will be delivered by the Bill. 

GRECO also refers in the report to the matter of judicial independence and to its recommendation in its Fourth Round evaluation that an appropriate structure be established within which questions concerning constitutional safeguards of the judiciary in connection with employment conditions are to be examined.  GRECO makes reference in this context to links to the establishment of the Judicial Council and maintaining the high levels of independence of the judiciary and guaranteeing the respect of constitutional principles for judges. The Judicial Council Bill will shortly be progressing to Committee Stage in the Seanad.

Crime Levels

Questions (48)

Robert Troy

Question:

48. Deputy Robert Troy asked the Minister for Justice and Equality his plans to address the 15% increase in recorded incidents of burglary and related offences in the Roscommon and Longford Garda division in the first quarter of 2018 when compared with the same period in 2017; and if he will make a statement on the matter. [29643/18]

View answer

Written answers

As I stated last week when the latest crime statistics were released by the CSO, I am disappointed to see the slight increase in burglary and theft offences nationally for Q1 2018 when compared to the same period in 2017, however, let me assure the Deputy that this Government remains committed to helping An Garda Síochána tackle all forms of criminality in our communities. The Deputy will be aware that very significant resources have been provided to An Garda Síochána, including an overtime allocation of almost €100 million announced in Budget 2018, to support large-scale policing operations including Operation Thor.

The scale of Garda activity against burglary and property-related crime under Operation Thor  has led to concentrated Garda activity. As of 17 May 2018, 130,702 targeted checkpoints and 151,819 crime prevention patrols have been conducted nationwide. To give you an idea of the impact of the Operation, I can inform you that this concentrated policing activity has produced in the region of 7,569 arrests and 8,613 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.

I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property-related crime. Such incidents cannot be tolerated in our society and this Government will continue to support An Garda Síochána in tackling the gangs, including mobile criminal gangs, who target rural areas, including Counties Roscommon and Longford.

I am informed by the Commissioner that the strength of the Roscommon/Longford Garda Division on 31 May 2018, the latest date for which information is readily available was 310. There are also 7 Garda Reserves and 32 Garda civilian staff attached to the Roscommon/Longford Garda 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.

For its part, the Government remains totally committed to ensuring An Garda Síochána have all the necessary resources to tackle all forms of criminality in our society, which includes actions taken under Operation Thor. 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.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction.  The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations.  These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme. 

On 2 January 2018 I was pleased to announce that my Department will be providing an additional €50,000 in financial support to Community Text Alert Groups as a further measure in this Government's support to crime prevention.  This is in addition to the €100,000 which I announced at the National Ploughing Championships in September 2017. The Rebate Scheme, which also ran in 2016, will allow Text Alert Groups registered with An Garda Síochána to apply for funding to contribute towards their yearly running costs.  The Text Alert Rebate Scheme will be administered by Muintir na Tíre and I would like to urge groups wishing to participate in the Scheme to contact Muintir na Tíre for more information.  The website is www.muintir.ie.

Other policing initiatives include Theft Stop which was launched by the Gardaí and the Irish Farmers Association.  Theft Stop is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID (such as an EirCode) and then registered on a nationwide database.

An Garda Síochána's Modernisation and Renewal Programme 2016-2021 places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security.  It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime.  Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.

The Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime.  Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.

Garda Data

Questions (49)

Seán Sherlock

Question:

49. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of administrative staff working in each division; and the number of gardaí that have been freed of desk duties as a result. [29498/18]

View answer

Written answers

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

The Deputy will be aware that as part of the July 2016 Five Year Reform and High-level Workforce Plan for An Garda Síochána, the Government has agreed an overall vision for a Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. The projected 4,000 civilians represents a medium-term target of 20% of the Garda full-time workforce comprised of civilians. This target is to be achieved through a twin-track approach of firstly, a “civilian by default” policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and, secondly, the redeployment of Gardaí to policing roles where their skills can be used to best effect. These roles are to backfilled by suitably qualified civilians where necessary. 

I have set out in the table the number of civilian staff by Division as of 31 May 2018. I am informed by the Commissioner that there were approximately 2,300 civilians overall within An Garda Síochána as of that date.

I am encouraged that the number of civilians working in An Garda Síochána is increasing. To date, almost 300 new civilian posts have been approved at the request of the Commissioner to address critical skills gaps and capacity issues across the organisation and to support the redeployment of Gardaí to policing duties.  I am informed that as of 31 May over 100 Garda members  have  been  redeployed  to policing roles. 

To drive momentum on this critical reform project Garda management has established a dedicated civilianisation project team in the Strategic Transformation Office. I understand that the team has reviewed the 2,055 posts  identified in the 2017 Organisation Deployment Survey undertaken by Garda management as potentially suitable for civilianisation and is currently focusing on some 400 of these for the early phases of the project. The project team has identified a number of guiding principles that will be taken into consideration when identifying roles for redeployment including selecting those who have spent the least amount of time in administrative roles first.  In addition, there must be regard, for example, to the reason that the member may be on administrative duties (e.g. recovering from an injury on duty, pregnancy etc) or that the member may require some refresher training before being reassigned to front-line policing. This approach is necessary to ensure that redeployment is handled in a manner that is fair to all involved.

To ensure that progress on civilianisation continues this year Budget 2018 has provided funding for up to 500 civilian staff. Civilianisation is a key element of the reform programme that is being pursued by An Garda Síochána. It brings advantages in terms of a more diverse skillset, professionalisation of the organisation, cost savings and more visible policing.  It will not be done overnight but I have made it clear to the Commissioner that progress on achieving the target of 20% implementation must continue and, indeed, accelerate to ensure the best possible policing services to the people of Ireland.

Garda Civilian Staff by Division – May 2018

Station

May-18

D.M.R. South Central

68

D.M.R. North Central

42

D.M.R. NORTH

43

D.M.R. EAST

25

DMR SOUTH

36

D.M.R. WEST

55

Waterford

33

Wexford

32

Tipperary

41

Kilkenny/Carlow

33

Cork City

71

Cork North

33

Cork West

27

Kerry

36

Limerick

54

Donegal

35

Cavan/Monaghan

39

Sligo/Leitrim

31

Louth

31

Clare

33

Mayo

34

Galway

60

Roscommon/Longford

32

Westmeath

24

Meath

30

Kildare

30

Laois/Offaly

25

Wicklow

27

Naturalisation Applications

Questions (50)

Richard Boyd Barrett

Question:

50. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if a decision will issue on an application for naturalisation further to correspondence regarding a person (details supplied); and if he will make a statement on the matter. [29650/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing.

A letter issued to the person concerned on 29 June 2018 requesting certain documentation and a reply is awaited.  Upon receipt of the requested documentation the case will be further processed.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process. 

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.

Garda Stations

Questions (51, 52)

Aindrias Moynihan

Question:

51. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the status of the proposed new Garda station in Macroom, County Cork; when it will to go to tender; and if he will make a statement on the matter. [29668/18]

View answer

Aindrias Moynihan

Question:

52. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the status of the public private partnership bundle consisting of new Garda stations for Macroom, Clonmel and Sligo; and if he will make a statement on the matter. [29669/18]

View answer

Written answers

I propose to take Questions Nos. 51 and 52 together.

The Deputy will appreciate that 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.

The Garda Building and Refurbishment Programme 2016-2021, which is an ambitious 5-year Programme based on agreed Garda priorities, continues to benefit over thirty locations around the country. The Programme includes over €60 million of Exchequer funding as well as a major Public Private Partnership (PPP) project to deliver stations at Macroom, Clonmel and Sligo. This is in addition to the provision of over €100 million for delivery of 3 new Divisional and Regional Headquarters in Wexford, Galway and Kevin Street, Dublin.

Regarding the PPP to deliver stations at Macroom, Clonmel and Sligo, I am informed by the OPW and the Garda authorities that the OPW has acquired sites for the development of the new stations in Macroom and Sligo. The site for the new Garda Station in Clonmel is already in State ownership and its transfer to the OPW from Tipperary County Council is at an advanced stage.

The development of PPP projects is progressed under the auspices of the National Development Finance Agency (NDFA). My Department has been in contact with the NDFA with a view to progressing the matter further. It is not possible to provide a timeframe for the completion of these projects at this point.

Immigration Controls

Questions (53)

Éamon Ó Cuív

Question:

53. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality if permissions to reside here on a temporary basis will be renewed for Venezuelan nationals based on their most recent passport even if the passports are out of date for less than two years and in cases in which the applicants can prove that they have applied to renew their passport, in view of the chaotic situation in that country which means that many passports cannot be renewed at this time even though valid applications for same been made; and if he will make a statement on the matter. [29401/18]

View answer

Written answers

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that consideration can be given to the renewal of an immigration permission of a person who does not hold a valid passport, if that person can give a satisfactory explanation of any circumstances that may prevent them from producing a valid passport, subject of course to all other aspects being in order. Each case is considered on its individual circumstances.  

I am further advised that, in practice, such a person may be granted a temporary immigration permission for up to six months, subject to them providing evidence that they have applied to their national authorities for a renewal of their passport.

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