Written Answers Nos. 55-74
55. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade the role his Department had in co-ordinating all Government Departments in preparing for all case scenarios including a hard Brexit. [37667/18]
View answerThe Government’s contingency planning for Brexit was initiated well in advance of the UK referendum in June 2016 and since my appointment as Minister for Foreign Affairs and Trade with special responsibility for Brexit in May 2017 I have overseen a sustained intensification of these efforts.
To this end, co-ordination of the whole-of-Government response to Brexit is being taken forward through the cross- Departmental coordination structures chaired by my Department. Contingency planning for a no-deal outcome, bringing together the detailed work being undertaken by individual Ministers and their Departments on issues within their policy remit, was identified as an early priority and is now well advanced. Its focus is on the immediate economic, regulatory and operational challenges which would result from such an outcome. It assumes a trading relationship based on the default WTO rules, but also examines the possible effects on many other areas of concern.
This work has provided baseline scenarios for the impact of Brexit across all sectors, which can then be adapted as appropriate in light of developments in the EU-UK negotiations. This is enabling the modelling of potential responses under different scenarios, such as one where a withdrawal agreement, including a transitional arrangement, is concluded and where a Free Trade Agreement is the basis for the future relationship between the EU and the UK.
On 18 July I presented a detailed Memorandum to the Government on Brexit Preparedness and Contingency Planning. The Memorandum included elements aimed at moving from planning to implementation in a number of key areas and the Government requested detailed follow-up proposals, including in regard to the recruitment of customs officers and staff responsible for sanitary and phytosanitary checks. I presented a further update to Government on Brexit preparedness and contingency planning on 18 September.
Relevant Departments have now been tasked by the Government, on the basis of existing work, to rollout detailed Action Plans with a view to advancing, as appropriate, the mitigating measures which have been identified in the areas of their responsibility from the planning to the implementation phase.
All of this work is in addition to measures that have already been put in place to get Ireland Brexit ready. Dedicated measures were announced in Budget 2018, including a new €300m Brexit Loan Scheme for Business and a €25m Brexit Response Loan Scheme for the agri-food sector. Capital expenditure of €116bn over the coming decade under Project Ireland 2040 will also allow the State and its agencies to properly plan major infrastructure projects while ensuring that communities and businesses can plan ahead. There was also increased funding provided to my Department in Budget 2018 for the opening of six new diplomatic missions. The first two of these have commenced operations in recent weeks. A further seven new Missions will be opened as part of the next phase of expanding Ireland’s global footprint. These thirteen new Missions will be located in Europe, Asia, Africa, South America, North America, and Oceania and will contribute to helping develop new markets for Ireland’s exports.
Our Government’s enterprise agencies continue to work with companies, helping them to deal with Brexit - making them more competitive, diversifying market exposure, and up-skilling teams. In total 51 reports analysing the effects of Brexit across a broad range of sectors and in some cases setting out responses have been published to date by Government Departments. All these reports are available on a dedicated Brexit webpage on my Department’s website.
In addition to the work at home, we are engaging actively with the European Commission’s Article 50 Taskforce and its Brexit Preparedness Unit on areas where the lead policy role lies with the EU.
56. Deputy Micheál Martin asked the Tánaiste and Minister for Foreign Affairs and Trade if he watched the recent documentaries regarding the Ballymurphy massacre; the status of attempts to deal with this very significant event in Northern Ireland’s past and other legacy issues; and when he last discussed these issues with his British counterpart. [37666/18]
View answerI met with the families of some of the victims of the Ballymurphy massacre in Belfast on 22 November 2017 to hear their views and experiences and to express the Government’s support.
The Government has supported the long campaign of the Ballymurphy families, including in 2015 in bringing forward the All-Party Dáil Motion, and the Government will continue to stand in solidarity with the families.
I welcome the fact that a date for a fresh inquest into the Ballymurphy killings has been set, and the inquest is now due to commence on 12 November. I hope that the inquest will proceed without any further delay and provide the families with the answers that they are still seeking after forty-seven years.
I am aware of the documentaries on the killings that took place in Ballymurphy in August 1971, which are an important contribution to remembrance and understanding of those terrible events.
I have directed my Department to monitor developments with the case and my officials to remain in regular contact with the families.
There are many other victims’ families that are also still seeking truth and justice, often decades after their loss.
Dealing with outstanding issues relating to the legacy of the Troubles is of the utmost importance to the Government, as reflected in the Programme for a Partnership Government.
Regarding legacy inquests in Northern Ireland, I have consistently emphasised in my discussions with the Secretary of State for Northern Ireland and with the political parties the need to ensure proper resourcing of these inquests, and I continue to raise this matter with the Secretary of State. I have urged all those with responsibilities in relation to legacy inquests to move forward as quickly as possible with the implementation of the proposals made by the Lord Chief Justice of Northern Ireland in this regard. The Government is continuing to seek urgent progress on this matter.
I have also engaged extensively with the Secretary of State for Northern Ireland and with all of the political parties to support a way forward on the implementation of the Stormont House Agreement legacy framework. Secretary of State Bradley and I are agreed on the imperative of now moving ahead with the establishment of the Stormont House Agreement legacy framework.
On 11 May, I welcomed the launch of a public consultation by the British Government on their draft legislation to establish the legacy bodies provided for in the Stormont House Agreement. This is an important step in the implementation of the Stormont House Agreement. While that consultation is about UK legislation to establish the institutions, legislation will also be required in this jurisdiction to provide for cooperation with the Stormont House Agreement legacy bodies. The drafting of legislative proposals for consideration by the Government and Oireachtas is advancing, led by my colleague, the Minister for Justice and Equality.
Comprehensive progress on legacy issues from the Troubles is crucial in order to meet the legitimate needs and expectations of victims and survivors and to contribute to broader societal reconciliation as an integral part of the Peace Process. The Government will continue to engage in support of that, consistent with our role and responsibilities as a co-guarantor of the Good Friday Agreement.
57. Deputy Clare Daly asked the Tánaiste and Minister for Foreign Affairs and Trade if he will call for the Israeli person responsible for the transfer of persons (details supplied) to be prosecuted for war crimes. [37939/18]
View answerIreland has consistently made clear our opposition to the building of Israeli settlements in occupied territory, which is illegal under international law. We have stated that both the overall policy and many of the actions taken to carry it out are likely to constitute serious breaches of international law.
Ireland is a party to the Rome Statute of the International Criminal Court and is a firm supporter of the role and work of the ICC. The ICC’s Office of the Prosecutor conducts independent and impartial preliminary examinations, investigations and prosecutions under the Rome Statute. We believe that all states should support the work of the ICC.
Since January 2015, following Palestine's accession to the Rome Statute on 2 January 2015 and its declaration of 1 January 2015, lodged under article 12(3) of the Statute accepting the jurisdiction of the ICC over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem, since June 13, 2014”, the situation in Palestine has been subject to a preliminary examination conducted by the Office of the Prosecutor of the ICC in order to ascertain whether the criteria set out in the Statute for opening an investigation have been met. In May 2018, the Prosecutor received a referral from Palestine which “requests the Prosecutor to investigate, in accordance with the temporal jurisdiction of the Court, past, ongoing and future crimes within the court’s jurisdiction, committed in all parts of the territory of the State of Palestine”. The question of proceeding with an investigation is therefore under consideration by the Office of the Prosecutor.
58. Deputy Mattie McGrath asked the Minister for Finance the revenue generated by local property tax; the amount of property tax that has been collected in each year in County Tipperary since the local property tax was first introduced; and if he will make a statement on the matter. [37997/18]
View answerI am advised by Revenue that statistics relating to Local Property Tax (LPT) can be found on the statistics webpage of the Revenue website at https://revenue.ie/en/corporate/information-about-revenue/statistics/local-property-tax/index.aspx. These statistics, in the end of year reports, show the overall annual yields from LPT and the amount of LPT collected in respect of the Tipperary Local Authority area, since LPT was first introduced.
59. Deputy Eamon Scanlon asked the Minister for Finance if a person (details supplied) will be affected by a double taxation anomaly in regard to tax already paid in the EU; and if he will make a statement on the matter. [37890/18]
View answerThe tax treatment of a teacher’s pension depends on a number of factors: the origin of the funds paying the pension, the nationality of the individual and his/her residence status.
For example, if the pension is received by an individual who worked as a teacher paid out of public funds, then in application of Article 18(2) of the Double Taxation Convention (“the Convention”) between Ireland and the United Kingdom (1976) as amended by the Protocol signed on 4 November 1998, which applies to all remuneration received in the exercise of Government functions, the pension will be taxable in the United Kingdom, unless the individual is a national of Ireland residing in Ireland. In that case, Ireland will have an exclusive taxing right.
Article 18(2) reads: "(a) Any pension paid by, or out of funds created by, a Contracting State or a political subdivision or a local authority thereof to an individual in respect of services rendered to that State or subdivision or authority, in the discharge of functions of a governmental nature, shall be taxable only in that State. (b)However, such pension shall be taxable only in the other Contracting State if the individual is a resident of, and a national of, that State."
Remuneration and pensions paid out of public funds for work carried out in educational institutions have the consideration of a Government service in application of Article 18(3) of the Convention as amended by the Protocol of 1998, which reads: "Paragraphs (1) and (2) of this Article shall respectively apply to salaries, wages and other similar remuneration of an individual employed in an educational institution and to any pension in respect of such employment of an individual formerly so employed, paid directly by, or wholly or mainly from funds provided by, a Contracting State… "
If the pension is received by an individual who worked as a teacher, but the salary did not arise from public funds, then Article 17 (Pensions) of the Convention determines that the taxing right corresponds exclusively to the State of residence, in this case, Ireland.
Article 17 reads: "Subject to the provisions of paragraphs (1) and (2) of Article 18, pensions and other similar remuneration paid in consideration of past employment to a resident of a Contracting State and any annuity paid to such a resident shall be taxable only in that State."
Any possible double taxation that may occur would be relieved with the application of Article 21(2) of the Convention, which reads: "Subject to the provisions of the law of the United Kingdom regarding the allowance as a credit against United Kingdom tax of tax payable in a territory outside the United Kingdom (which shall not affect the general principle hereof)— (a) Irish tax payable under the laws of Ireland and in accordance with this Convention... shall be allowed as a credit against any United Kingdom tax computed by reference to the same profits, income or chargeable gains by reference to which the Irish tax is computed."
The form of operation of the provision above is a matter for Her Majesty's Revenue and Customs (HMRC).
Given the complexities set out above, it would be best for the individual concerned to make contact with Revenue directly to get the full clarity sought.
60. Deputy Lisa Chambers asked the Minister for Finance if his Department has carried out research or has statistical analysis of imports that arrive into Dublin port and are then transported to Northern Ireland; if so, the details of the analysis; and if he will make a statement on the matter. [37927/18]
View answerI am advised by Revenue that the customs data available in relation to imports coming into Dublin Port does not enable an analysis to be undertaken of the share of this trade that might be destined for or transported to Northern Ireland.
61. Deputy Michael McGrath asked the Minister for Finance the position regarding capital gains tax and the application of principal private residence relief (details supplied); and if he will make a statement on the matter. [37959/18]
View answerI am advised by the Revenue Commissioners that any gain made by an individual on the disposal of a dwelling house which has been that individual’s only or main residence together with land occupied as its gardens or grounds up to an area (exclusive of the site of the residence) of one acre is exempt from capital gains tax (CGT).
For full relief to apply, the dwelling house must have been occupied by the individual as his or her only or main residence throughout his or her period of ownership of the house. Where the house is not so occupied during the whole period of ownership, only the proportion of the gain applicable to the period of occupation is exempt. In this regard, the dwelling house is treated as having been so occupied for a period of 12 months after the cessation of occupation of the dwelling house by an individual. In addition, an individual may qualify for exemption on the first €1,270 of any gain in respect of the period after such individual ceased to reside in the house.
Should further information regarding the CGT implications of the sale of the dwelling house be required, the individual may contact the tax district dealing with his tax affairs directly who can provide further information specific to the circumstances.
62. Deputy Pearse Doherty asked the Minister for Finance the details and the nature of complaints to the financial services ombudsman against intermediaries submitted in each of the years 2012 to 2016; the number of complaints against intermediaries in each of the years 2012 to 2016 which are still open; the details of complaints against product providers in each of the years 2012 to 2016; and the number of complaints in each of the years 2012 to 2016 against product providers which are still open. [38033/18]
View answerFirstly, I must point out that the Financial Services and Pensions Ombudsman is independent in the performance of his statutory functions. I have no role in the day to day workings of the office. My officials have been in contact with the Office of the Financial Services and Pensions Ombudsman and I understand that that Office was going to contact the Deputy about this question. My officials have not received the information sought from the Office of the Financial Services and Pensions Ombudsman and I will be in further contact with the Deputy on receipt.
63. Deputy Pearse Doherty asked the Minister for Finance if the financial services ombudsman is in a position to respond to correspondence received by him relating to the case of a person (details supplied). [38035/18]
View answerAs the Deputy will be aware, the Financial Services and Pensions Ombudsman is independent in the performance of his statutory functions. I have no role in the day to day workings of the Office and I am not in a position to answer this question.
I understand that the Financial Services and Pensions Ombudsman’s Office previously wrote to members of the Oireachtas regarding a designated person with responsibility for ensuring the timely provision of information to them. I also understand that a dedicated email address has been provided for members' queries. The Deputy may wish to make use of this dedicated channel to pursue this matter.
64. Deputy Catherine Martin asked the Minister for Public Expenditure and Reform if the new Garda station for Stepaside, County Dublin, will be purpose built rather than modular; the timeline for its construction; when the plans will be made available to the local community; and if he will make a statement on the matter. [37940/18]
View answerThe deliberative process, involving An Garda Síochána and the Office of Public Works, to finalise proposals for the reopening of Stepaside Garda Station is on-going and nearing completion. Until this is concluded, it is not possible to provide design details or a precise timeline for the project.
65. Deputy Lisa Chambers asked the Minister for Public Expenditure and Reform his plans for the Civil Service to hire information and communication technology specialists in the Connaught region. [37960/18]
View answerAs the Deputy will be aware, Civil Service Departments and Offices have delegated sanction to recruit staff up to Principal Office level based on their pay and number allocation.
The Deputy will also be aware, that the Public Appointments Service, an independent statutory recruitment body undertook competitions in 2016 for Executive Officer and Higher Executive Officer in ICT for the civil service, and approximately 240 staff were assigned from these panels.
It is not possible to say if information and communication technology specialists will be required in the Connaught region. The main factor affecting the assignment of staff are the demand for such staff from Departments and Offices based there.
66. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the reason there is no facility for interviews and aptitude tests for clerical officer roles by the Public Appointments Service to be held in regional locations outside of Dublin; if an option for regional locations will be ensured to avoid undue costs to potential candidates attending same; and if he will make a statement on the matter. [37898/18]
View answerAs the Deputy will be aware, the Public Appointments Service (PAS) is the statutory independent recruiter for the civil service.
I am informed that PAS is currently piloting a system of remote proctoring (which allows for the protection of test content, ensure authenticity of the test taker etc) for the Irish Clerical Officer competition.
This will reduce the selection process down to a two stage process and will mean that candidates can complete all online testing from a location of their own choice. There will be no requirement for candidates to come to the PAS offices and complete any tests onsite. Once this campaign is completed the introduction of remote proctoring for other campaigns will be examined taking resourcing implications into account.
I also understand that a further new approach that PAS has been trialling is video interviewing. To date this method has been piloted with some of PAS’s smaller campaigns e.g. Assistant Principal Higher and Assistant Principal (Human Resources). Again PAS will examine how video interviewing can best be used for other campaigns in the future.
67. Deputy Mattie McGrath asked the Minister for Public Expenditure and Reform the number of successful applicants who were placed on the regional recruitment panel following the Public Appointments Service campaign for clerical officer roles in 2016; when the panel was finalised; the number of successful applicants who were placed in clerical officer roles following this round of recruitment; the number of successful applicants who remain on the panel; if these successful applicants will remain on the panel before new successful applicants from the 2018 clerical officer campaign are assigned; and if he will make a statement on the matter. [37899/18]
View answerAs the Deputy will be aware the Public Appointments Service (PAS) the statutory independent recruiter for the civil service.
I understand from PAS that the
- Number of Successful Regional Candidates from the 2016 CO competition was: 5,423
- Number of Successful Regional Candidates (2016 CO competition) remaining on panels: 596
All the 2016 Regional panels will remain live, unless exhausted, or until a new regional panel is put in place from the 2018 Clerical Officer campaign.
68. Deputy Mattie McGrath asked the Minister for Education and Skills if students who suffer serious injuries during their schooling, for example, a broken neck, could qualify for the disability access route to education; the reason such students do not qualify for this access route; if he will consider amending this access route to allow for students who struggle with learning due to serious injuries; and if he will make a statement on the matter. [37923/18]
View answerThe Disability Access Route to Education (DARE) offers places at reduced points to school leavers with disabilities.
Admissions under the DARE scheme is regulated by the institutions themselves and not by my Department. Each higher institution determines its own admission policy in relation to DARE, the number of places they reserve for DARE and the allocation of those places.
Any requests for more detailed information about DARE and should be directed to the Central Applications Office (CAO) (www.cao.ie) who coordinate the DARE scheme for participating institutions.
69. Deputy Michael McGrath asked the Minister for Education and Skills the steps being taken to ensure an appropriate second level school place is identified and provided for a person (details supplied) in County Cork. [37962/18]
View answerIt is the policy of my Department that all children with Special Educational Needs can have access to an education appropriate to their needs, preferably in school settings through the primary and post primary school network.
Such placements facilitate access to individualised education programmes which may draw from a range of appropriate educational interventions, delivered by fully qualified professional teachers, with the support of Special Needs Assistants and the appropriate school curriculum.
Some children with special educational needs attend mainstream classes, but some require the environment of a special class or special school. This decision is based on a recommendation contained within a professional assessment in consultation with the National Council for Special Education (NCSE).
Students enrolling in specialised placements must have a report from a relevant professional or team of professionals stating that:
- S/he has a disability (in line with the designation of the special placement in question) and
- S/he has significant learning needs that require the support of a specialised setting and the reasons why this is the case.
The National Council for Special Education (NCSE) plans and co-ordinates the provision of educational support services to children with special educational needs, in consultation with the relevant education partners and the Health Service Executive (HSE).
The enrolment of a child to a school is a matter, in the first instance, for the parents of the child and the Board of Management of a school. My Department has no role in relation to processing applications for enrolment to schools and it does not maintain details of waiting lists in schools.
Accordingly, the NCSE advises parents, to seek to enrol their child, by applying in writing, to the school/s of their choice as early as possible. Where parents have been unsuccessful in enrolling their child in a school placement, for the 2018/19 school year, they should update their local SENO to inform the planning process.
It is the responsibility of the managerial authorities of all schools to implement an enrolment policy in accordance with the Education Act, 1998. The selection process and the enrolment policy on which it is based must be non-discriminatory and must be applied fairly in respect of all applicants. Under section 15 (2) (d) of the Education Act 1998, each school is legally obliged to publish its enrolment policy.
Section 29 of the Education Act 1998, provides parents with an appeal process where a board of management of a school or a person acting on behalf of the Board refuses enrolment to a student. Where a school refuses to enrol a pupil, the school is obliged to inform parents of their right under Section 29 of the Education Act 1998 to appeal that decision to either the relevant Educational Training Board or to the Secretary General of my Department.
The NCSE works in collaboration with the Educational Welfare Services (EWS) of the Child and Family Agency which is the statutory agency that can assist parents who are experiencing difficulty in securing a school place for their child or can offer assistance where a child is out of school. The local service is delivered through the national network of Educational Welfare Officers (EWO). Contact details are available at http://www.tusla.ie/get-in-touch/education-and-welfare/.
My officials have informed me that the parents of the child referred to by the Deputy took an appeal against the decision of a school to expel their son. The appeal which took place on 22/2/2018 was not upheld. Home Tuition was sanctioned as an interim measure from 19/2/2018 to 23/3/2018 and again from 23/4/2018 to 1/6/2018.
In circumstances, where there is no school placement available for a child with Special Educational Needs, my Department will provide the Home Tuition grant towards the provision of 20 hours tuition per week as an interim measure until the NCSE confirms that a placement is available.
My officials have informed me that the Home Tuition Grant was approved for the child referred to by the Deputy on 7 September 2018, as an interim measure until a school placement becomes available.
The NCSE has advised that the local Special Educational Needs Organiser (SENO) is continuing to liaise with the parents of the child and has identified a suitable school placement in which they may enrol their child.
70. Deputy Jim O'Callaghan asked the Minister for Education and Skills when a school (details supplied) will be able to move to its permanent location; and if he will make a statement on the matter. [37973/18]
View answerThe school building project to provide the permanent accommodation for the school referred to by the Deputy has commenced architectural planning under the Department's “Rapid” - Design and Build Programme.
The design process for the permanent accommodation is being progressed in preparation for the planning application which will be the next key milestone in the progression of the project.
The School Board of Management will be invited to view the plans for the new school in advance of the planning application being submitted to the local authority.
Earlier this month planning permission was received, following a third party appeal to An Bord Pleanala, for temporary accommodation to be provided on the permanent site. Now that panning permission has been secured, this accommodation will be installed over the coming months. When that accommodation is installed, Department officials will be liaising with the schools Patron Body and with the school authority regarding the timeframe for the schools move to its permanent location.
71. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Oideachais agus Scileanna an bhfuil sé i gceist fáil réidh leis na táillí a bhíonn ar mhic léinn mhúinteoireachta a íoc le dul go dtí an Ghaeltacht agus an bhfuil sé i gceist na deontais chothabhála a thabhairt ar ais do na mic léinn a fhreastalaíonn ar na cúrsaí Gaeltachta; cad é an costas a mheastar a bhainfeadh leis an dá rud seo; agus an ndéanfaidh sé ráiteas ina thaobh. [37978/18]
View answerCinneadh deireadh a chur leis na deontais don socrúchán Gaeltachta le linn na géarchéime eacnamaíche nuair ab éigean cinntí an-deacra a dhéanamh chun cúrsaí airgeadais an náisiúin a chobhsú. Tugadh tosaíocht do chosaint acmhainní do sheirbhísí tosaigh oideachais chomh fada agus a d'fhéadfaí sin a dhéanamh, agus baineann dúshlán mór leis sin go fóill agus an líon páistí atá in aois scoile ag fás.
Bheadh costas bliantúil isteach agus amach le €1.8m i gceist dá mbeadh an costas iomlán a bhaineann leis an socrúchán Gaeltachta do 1,200 ábhar múinteora á mhaoiniú ag mo Roinnse agus €1m dá gcuirfí na rátaí maoinithe a bhí ann roimhe seo i bhfeidhm.
Chun cuidiú leis an gcostas a bhaineann le socrúchán Gaeltachta a sheasamh, ba chóir a lua gur féidir le mic léinn a bhfuil deontas mic léinn á fháil acu a chuimsíonn deontas táille 100%, nó a bheadh incháilithe i gcomhair deontas iomlán táillí murach na Scéimeanna Saortháillí, cur isteach ar mhaoiniú i leith costais taistil agus lóistín, faoi ghné an turais allamuigh den deontas táille, faoi réir na ngnáththéarmaí agus coinníollacha a bhaineann le scéim deontais na mac léinn.
Seachas sin, i gcúinsí ina bhfuil gátar faoi leith, is féidir le mic léinn iarratas a dhéanamh ar thacaíocht ón gCiste Cúnaimh do Mhic Léinn. Tá eolas maidir leis an gciste sin ar fáil tríd an Oifigeach Rochtana san institiúid tríú leibhéal a bhfuiltear ag freastal uirthi.
Níl an maoiniú ar fáil do mo Roinnse chun an tacaíocht sin a chur ar ais.
72. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to serious breaches of the Road Traffic Act 2010 during an eviction carried out at a location (details supplied) on 11 September 2018 without apparent action being taken by gardaí in attendance; and the action he has taken regarding same. [37987/18]
View answer73. Deputy Clare Daly asked the Minister for Justice and Equality if he has contacted the Garda Commissioner to seek an explanation for the use of balaclavas by gardaí acting as private security for private security company personnel also in balaclavas carrying out an eviction in Dublin on 11 September 2018; and his views on whether this is an appropriate use of Garda time by taking sides in a private matter. [37950/18]
View answer81. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to serious breaches of the Road Traffic Act 2010 during an eviction at a location (details supplied) on 11 September 2018; and the action taken by him to address the apparent lack of action by attending gardaí. [37984/18]
View answer83. Deputy Clare Daly asked the Minister for Justice and Equality if the driver of a bus in attendance at a location (details supplied) on 11 September 2018 has the relevant vehicle licence D in Ireland or its Northern Ireland or UK equivalent to drive this vehicle; and if the driver holds a current driver CPC or its UK or Northern Ireland equivalent as required by law. [37986/18]
View answerI propose to take Questions Nos. 72, 73, 81 and 83 together.
The Deputy will appreciate that the manner in which any Garda operation is conducted is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no role in this regard. Similarly, the deployment of all Garda resources, including personnel, is a matter for An Garda Síochána.
With regard to the incident referred to by the Deputy, I am advised by the Garda authorities that a removal was conducted on behalf of the property’s owner, and was the subject of a High Court order directing people who had been occupying the premises to vacate it. The removal of individuals from the property was not conducted by An Garda Síochána, but by a private firm acting for the owner of the premises on foot of this High Court Order.
I am further advised that the role of the Gardaí who were in attendance at the scene that evening was to facilitate the High Court order being carried out safely, to ensure public order and to facilitate peaceful protest. I understand that Community Gardaí were deployed initially and were later supported by a Garda Public Order Unit.
The execution of High Court orders is not a matter which falls within the remit of the Private Security Authority. The law and procedures governing the execution of Court Orders are contained in the Enforcement of Court Orders Acts and the Rules of Court made under them, and any dispute in relation to the enforcement of a Court Order is solely a matter for the Courts.
I note Commissioner Harris’s recent statement in relation to the protest and he has requested a report from the Assistant Commissioner, Dublin Metropolitan Region (DMR), to see what lessons can be learned from the event. I understand that this review will include an examination of a particular vehicle involved in the removal of the persons from the premises, as well as any other associated Road Traffic Act offences that might have occurred. I also note that the Policing Authority will be pursuing this matter with An Garda Síochána too.
The right to protest is a fundamental one in any democracy, and one which must be protected and facilitated. However, it is also a right that must be exercised peacefully and with respect for the rights of others. In this context, we must not lose sight of the fact that the members of An Garda Síochána were enforcing the law of the land in what were very difficult circumstances.
As the Deputy has pointed out, there has been some disquiet about members of the Public Order Unit wearing hoods. The Commissioner has said they should have been worn in conjunction with helmets and you will be familiar with public order police around the world wearing helmets in the course of their policing duties.
It is a sad fact and a worrying development that Gardaí, and particularly those who undertake public order policing, are frequently personally targeted and subjected to vile abuse and threats, particularly online. At the protest itself, the Gardaí were subject to sustained abuse, including in one incident, racist abuse and I condemn that behaviour. Where behaviour crosses the line into criminality, it may be investigated but it would be preferable if the crime did not occur at all. I would appeal to people to recognise that Gardaí simply doing their jobs should not be targeted in this way.
74. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of community gardaí in each of the years 2010 to 2017 and to date in 2018; and if he will make a statement on the matter. [37951/18]
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.
The information in relation to the number of Community Gardaí by Division in each of the years from 2008 to 31 July 2018, the latest date for which figures are currently available as provided by the Garda Commissioner, is available on my Department’s website through the link:
http://www.justice.ie/en/JELR/005_Community_Garda_Strength_2008_to_31_July_2018.xlsx/Files/005_Community_Garda_Strength_2008_to_31_July_2018.xlsx
For more general information on Garda Facts and Figures please see the following link: http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
