Wednesday, 17 Oct 2018

Commission on the Future of Policing Reports

Questions (7)

Eoin Ó Broin

Question:

7. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the status of the implementation of the report from the Commission on the Future of Policing. [42375/18]

View answer

Written answers

Minister for Justice and Equality

The Commission on the Future of Policing published its report on 18 September and set out a wide range of principles and innovative proposals aimed at empowering the Garda Commissioner to ensure more effective management of the Garda organisation; strengthening our national security arrangements; supporting the governance of the Garda organisation through the introduction of a Board and reforming the method of recruitment and training of Gardaí. It also makes a number of recommendations on external oversight arrangements as well as on the Commissioner’s engagement with the Oireachtas.

This is a major report on one of the key functions of the State and it is now receiving appropriate consideration. My Department is engaged in a detailed consultation process with the new Commissioner and other agencies as well as with the other Government departments impacted by the report's recommendations. As part of this process, I have asked the Garda Commissioner to respond to the recommendations in the report insofar as they directly concern An Garda Síochána. I have requested that this response will include an implementation plan of how he intends to take matters forward.

I have also written to the Joint Oireachtas Committee on Justice and Equality and I look forward to hearing their direct response to the Report in the coming weeks. I also understand that Kathleen O'Toole, the Chair of the Commission, has been invited to address the Committee next month. I am very grateful to Ms. O'Toole and the other members of the Commission for their comprehensive report and I believe this will be a very useful engagement which will allow members to hear directly from the Commission as to how it approached its task and reached its detailed findings.

Once these engagements are completed, I will bring a High-level Implementation Plan and proposed project structure to Government for approval before the end of the year. This Implementation Plan will also take careful account of the conclusions of the third interim report of the Disclosures Tribunal.

My Department, in consultation with the Department of the Taoiseach, is moving quickly to establish the Implementation Group for Policing Reform and Implementation Programme Office as recommended by the Commission. These matters are being advanced at Secretary General level and I expect these structures to be in place in the near future including the appointment of an Independent Chair to lead the Implementation Group. Given the whole-of-Government reach of the report which envisages a new holistic approach to policing and public safety, this Implementation Group and Programme Office will be based in the Department of the Taoiseach.

Funding has already been provided to support the transformation envisaged by the Report. In 2019 the Garda Vote will increase by €110 million to €1.76 billion. This money will support ongoing recruitment and further civilianisation to fill critical skills gaps and enable the redeployment of Gardaí to front line policing which are identified as priorities. The need for digital innovation and information is also strongly highlighted by the Commission and I am pleased that funding of approx €65 million for ICT has been provided in 2019. In addition funding of €10 million is provided in 2019 for the Justice and Policing and Transformation Programmes and further funding will of course be provided to support this far-reaching transformation project in future years.

While the programme of reform that the Commission outlined is undoubtedly an opportunity for transformational change, it is also extremely challenging, requiring actions across Government. It is prudent that we take some time now to ensure that the necessary structures and resources are in place to deliver this needed reform. It will take time to fully implement the recommendations in the report and the Commission has suggested that the centenary of the establishment of An Garda Síochána in 2022 would be an appropriate target for the transformation to be completed.

Questions Nos. 8 to 10, inclusive, answered orally.

Garda Deployment

Questions (11)

Timmy Dooley

Question:

11. Deputy Timmy Dooley asked the Minister for Justice and Equality the number of gardaí and reservists in each Garda station in County Clare; and if he will make a statement on the matter. [42411/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of Garda personnel among the various 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 do not politically interfere in policing matters nor direct the Commissioner where to deploy resources.

Notwithstanding the Commissioner’s responsibility I have provided for the record, in tabular form, the detailed information requested by the Deputy.

I am informed by the Commissioner that the strength of the Clare Division on 31 August 2018, the latest date for which information is readily available, was 316. There are also 6 Garda Reserves and 33 Garda civilian staff attached to the Clare Division. When necessary, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

I wish to take the opportunity to again confirm the Government’s firm commitment to supporting An Garda Síochána and ensuring that the organisation is appropriately resourced.

Garda recruitment effectively ended in 2010 and did not resume till September 2014 when the Government reopened the Garda College in Templemore once the economy had stabilised. I am informed by the Commissioner that since then 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 37 have been assigned to the Clare Division. I am pleased that the strength of An Garda Síochána will reach over 14,000 members by the end of 2018 for the first time in many years.

I strongly welcome the funding provided in Budget 2019 for the recruitment of up to 800 Garda recruits next year, along with necessary civilian Garda staff. This ongoing recruitment will provide the Commissioner with the resources both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties following civilianisation of their roles. The net benefit of this is the increased Garda visibility and greater response to the policing needs of communities in every Garda Division including the Clare Division.

			CLARE DIVISION 31 AUGUST 2018
DIVISION	DISTRICT	STATION	TOTAL
CLARE	ENNIS	CRUSHEEN	1
		ENNIS	130
		IMMIGRATION OFFICE	10
		KILLALOE	26
		NEWMARKET ON FERGUS	2
		SCARIFF	5
		SHANNON	57
		SIXMILEBRIDGE	4
		TULLA	2
	ENNIS Total		237

	KILRUSH	BALLYVAUGHAN	1
		COROFIN	2
		ENNISTYMON	29
		KILDYSART	1
		KILKEE	2
		KILMIHIL	2
		KILRUSH	41
		LISDOONVARNA	1
	KILRUSH Total		79
CLARE Total			316

Garda Reserves Clare Division by Station 31 August 2018

Station
Ennis	5
Shannon	1
Kilrush	0
Killaloe	0
Total	6

Question No. 12 answered orally.

Victim Support Services

Questions (13)

Alan Farrell

Question:

13. Deputy Alan Farrell asked the Minister for Justice and Equality the steps he is taking to address the vulnerable position of victims in sexual assault and rape trials; and if he will make a statement on the matter. [42514/18]

View answer

Written answers

Minister for Justice and Equality

A review of the protections for vulnerable witnesses in the investigation and prosecution of sexual offences is under way. The review will examine the adequacy of the mechanisms available in law and practice to protect and support victims of sexual violence through the judicial process. This will include practical supports for vulnerable witnesses through the reporting, investigation and trial processes; provision of additional legal supports to witnesses during the court processes and measures in place to protect vulnerable witnesses during evidence, including the use of measures such as pre-recorded evidence or video-link. Any considerations of this nature would, of course, need to take into account the rights of an accused person and the balance of justice.

I have asked Mr. Tom O’ Malley BL., Senior Lecturer in Law at NUI Galway and member of the Law Reform Commission, to chair the review. I am very grateful to Mr O’Malley for agreeing to take on this role and he will bring a wealth of expertise to this issue. The review will form part of the work programme of the Criminal Justice Strategic Committee and the review working group includes representatives of my Department, the Garda Síochána, the Director of Public Prosecutions, the Probation Service and the Courts Service.

I have asked that the report of the review be made to me by the end of the year or as soon as possible thereafter. The views and experiences of stakeholders will be considered as part of this review and I myself met with a number of victim support organisations earlier this year to understand where they feel improvements can be made. I am committed to taking on board any recommendations arising from the review and ensuring that we have a robust system in place to deal with sexual offences which is sensitive to the needs of vulnerable victims.

Question No. 14 answered orally.

Racial Profiling

Questions (15)

Gino Kenny

Question:

15. Deputy Gino Kenny asked the Minister for Justice and Equality his views on racial profiling used by the Garda National Immigration Bureau to identify persons it believes to be in the country illegally; the irresponsible reporting of these cases in the media and the impact it has on the lives and work of Irish nationals who fit the profiling; and if he will make a statement on the matter. [40271/18]

View answer

Written answers

Minister for Justice and Equality

I have been assured by An Garda Síochána that they are acutely aware that migration should be managed in a way which protects human rights, recognising relevant constitutional and international obligations in this area. In this regard, I have been advised that relevant personnel within An Garda Síochána and Garda National Immigration Bureau (GNIB), in particular, are provided clear instruction to not engage in racial profiling, in the course of fulfilling immigration-related duties.

The GNIB was established in May 2000 to provide an effective, organisational, structure to support the enforcement of Immigration policy, which rests with An Garda Síochána. The Bureau is responsible for immigration controls at points of entry into the State, a role which, in recent times, has been shared at Dublin Airport with the Irish Naturalisation & Immigration Service (INIS). Other immigration-related functions undertaken by GNIB include the removal of persons who have been refused permission to land in the State; enforcement of Deportation, Removal and Transit Orders; the provision of a non-national registration service outside of Dublin & maintenance of an associated database; and the implementation of effective strategies to combat smuggling of illegal immigrants.

The recently published Commission on the Future of Policing in Ireland report comprehensively addresses issues regarding the role and respect for human rights in the work of An Garda Síochána. It recommends that An Garda Síochána should have a human rights strategy and a human rights unit within the organisation to develop, implement and monitor the strategy. The importance of human rights training is also addressed in the report.

Parental Leave

Questions (16)

Martin Heydon

Question:

16. Deputy Martin Heydon asked the Minister for Justice and Equality the status of changes due to be made to parental leave; if consideration is being given to an increase in the age limit of children for whom it can be applied; and if he will make a statement on the matter. [42513/18]

View answer

Written answers

Minister of State at the Department of Justice and Equality

As the Deputy will be aware that as part of Budget 2019, the Government announced the introduction of a new paid parental leave scheme which will commence in late 2019. This new scheme will, initially, provide for 2 weeks of paid, non-transferable leave per parent, with a view to expanding the scheme in future years.

This new scheme delivers on the commitment in the Programme for Partnership Government to increase paid parental leave during the first year of a child’s life, as research shows that parental care is of particular importance and benefit in the first twelve months. The new scheme is the key recommendation of the report of an interdepartmental committee which was established to develop recommendations as to how the Programme for Partnership Government commitments could be best implemented. The Government is considering the report at present.

The Government has indicated, in the context of Dail Eireann's consideration of the Parental Leave (Amendment) Bill 2017, a Private Member's Bill, that it agrees with the proposal to raise the qualifying age of the child in respect of whom unpaid parental leave can be obtained from 8 years of age to 12 years of age. The Government recognises that parents may need to avail of unpaid parental leave for an older child in certain circumstances.

Departmental Reform

Questions (17)

Jim O'Callaghan

Question:

17. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if structural reform of his Department as recommended by the change implementation group has been costed; and if he will make a statement on the matter. [42338/18]

View answer

Written answers

Minister for Justice and Equality

The Deputy is aware that the proposed structural reform of the Department involves a radical overhaul of how the Department operates. Developing this level of structural and organisational change, particularly while progressing existing Government priorities, will require considerable investment in specialist expertise and support. A procurement process is underway to obtain the required external specialist expertise to support the Department in designing and implementing the new structure. That process is expected to conclude in the coming weeks with a contract being put in place in November.

The cost of the project will be dependent on the outcome of this procurement process, and on the final detailed design of the new operating model. A provision of €10m has been made in Budget 2019 to support both the Department and policing transformation programmes. This is intended to cover a variety of costs that will arise in both programmes in 2019.

Garda Training

Questions (18)

Mick Wallace

Question:

18. Deputy Mick Wallace asked the Minister for Justice and Equality his views on whether there is an over-reliance on An Garda Síochána with regard to incidents surrounding mental health; if he is satisfied that members of An Garda Síochána are receiving adequate and up-to-date training in the area of mental health; and if he will make a statement on the matter. [42439/18]

View answer

Written answers

Minister for Justice and Equality

I am informed by the Garda Commissioner that An Garda Síochána has in place an interagency response to assist people with mental health issues and there is a Memorandum of Understanding between the Health Service Executive (HSE) and An Garda Síochána which sets out procedure for Gardaí in dealing with mental health incidents.

The purpose of this Memorandum is to maximise interagency co-operation and to promote the welfare and safety of persons with mental ill health. In addition, members of An Garda Síochána can also make use of the on-call doctor service when dealing with such incidents.

Furthermore, section 12 of the Mental Health Act 2001, which provides for Garda powers to take into custody persons believed to be suffering from a mental disorder, may be invoked by the Gardaí where they come into contact with a mentally ill person in a crisis situation. In such situations, it may appear that the person is a danger to himself/herself or to others. Section 12 may be invoked to ensure that a medical assessment and admission to an approved centre and treatment in accordance with that Act are accessed.

I am further informed by the Commissioner that during Phase 1 of their training in the Garda College new recruits learn about the various types of mental illness and Garda powers and procedures for dealing with a vulnerable person suffering from a mental illness. They also receives training in how to intervene when there is an immediate risk of suicide. The vulnerability of suspects, witnesses and injured parties is also embedded in all training courses for Investigative Interviewing

As the Deputy will be aware, the Commission on the Future of Policing considered the issue of An Garda Síochána dealing with incidents concerning mental health. The Commission's Report redefined policing as a multi-disciplinary, cross agency effort built on the foundation of protecting human rights. Of particular note is its emphasis on understanding policing as including not only the prevention and detection of crime, but also the prevention of harm and protection of vulnerable people, and the implications of this for the whole of Government

The report recommends that the prevention of harm including providing support to people with a mental health condition should be explicitly identified as a core objective of policing. My officials have commenced a consultation process with other Government Departments and with the various agencies with a remit in this area and I intend to seek the Government’s approval for a High-level Implementation Plan before the end of this session.

Garda Divisional Headquarters

Questions (19)

Shane Cassells

Question:

19. Deputy Shane Cassells asked the Minister for Justice and Equality if his Department has examined the possibility of utilising the site identified for the provision of a new courthouse in Navan announced in Project Ireland 2040 for a new Garda divisional headquarters for County Meath to ensure the maximum return for the public purse and the delivery of both projects. [42435/18]

View answer

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations, taking into account crime trends and policing priorities. Further, 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, which has responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters.

More generally, the Deputy will be aware of the significant efforts being made by Government to enhance the working environment for members of An Garda Síochána. In particular, unprecedented investment has been committed under the Capital Plan 2016-2021 to upgrade Garda premises, the Garda fleet and Garda ICT infrastructure.

In relation to the Garda estate, I would refer to the Deputy to the Garda Station Building and Refurbishment Programme 2016-2021. This ambitious programme, based on agreed Garda priorities, is backed by over €60 million Exchequer funding, as well as a major Public Private Partnership project. This is in addition to over €100 million the Government provided for construction of the new Regional and Divisional Headquarters now operational in Galway, Wexford and Kevin Street, Dublin.

The Programme is benefiting over 30 locations nationwide and will provide new stations and modernise older stations at key locations, ensuring a safe, modern working environment for members and staff of An Garda Síochána as well as fit-for-purpose facilities for visitors, victims and suspects.

I understand that provision is made under the Garda Building and Refurbishment Programme for works at the existing Garda Divisional Headquarters at Navan. These works to Navan Garda Station include demolition of the existing cell block, construction of a new cell block and overhead office accommodation. I am advised that An Garda Síochána is actively engaged with the OPW to progress this project.

I am informed that the Courts Service has not yet identified a particular site, in relation to delivery of the new court intended for Navan in the context of Project Ireland 2040.

However I can inform the Deputy that the OPW and Garda authorities inform me that every effort is made to ensure good value for money in the building and refurbishment works undertaken to address the deficiencies in the Garda estate. I am informed that the OPW and AGS remain in contact regarding any future needs in Navan, which would have to be considered in the context of available resources and overall Garda accommodation priorities nationwide.

Prisoner Transfers

Questions (20)

Mick Wallace

Question:

20. Deputy Mick Wallace asked the Minister for Justice and Equality the status of the progress of the transfer of sentenced persons for cases outside of the UK that were reactivated earlier in 2018; and if he will make a statement on the matter. [42442/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will be aware, the Transfer of Sentenced Persons Acts 1995 and 1997 give effect to the Convention of the Transfer of Sentenced Persons 1983. The Convention recognises that international co-operation in criminal law should further the ends of justice and social rehabilitation of prisoners and that this may be best achieved by having them transferred to serve their sentences in their own countries. The Minister of the day has discretion under the Transfer of Persons Acts to decide whether to consent to any such transfer.

A number of factors, including the Supreme Court Judgment in the case of O'Farrell, McDonald, Rafferty -v-The Governor of Portlaoise Prison, have implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland.

That judgment found against the State and raised a number of complex issues about the legislation itself and its administration.

Furthermore, the Court of Appeal decision in the case M.McK v The Minister for Justice and Equality [2016] IEHC 208, has clarified that the Minister should ultimately consider each application on its own merits and give detailed reasoning for the decision reached.

The judgment also concludes that the Minister cannot fail to implement legislation through prolonged inactivity of a statutory scheme such as the Transfer of Sentenced Persons Acts. As the Deputy is aware, following the judgment, all existing applications have been reactivated and will be re-considered on their own merits.

I am informed by the Irish Prison Service that here are currently 7 cases being processed from applicants from outside the UK jurisdiction. Each case is at a different stage of the application process and all cases require the collation of a number of reports, e.g. Garda Reports and Probation Service Reports, some of which are still outstanding in a number of these cases.

The issues raised in the judgments also required substantive consideration by my officials, which indicates that legislative change is required, and my Department is currently finalising a draft scheme of a Bill for consideration by Government. Following this, the Office of the Parliamentary Counsel will be asked to draft a Bill to deal with these issues as soon as possible.

Direct Provision Data

Questions (21)

Fiona O'Loughlin

Question:

21. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons living in direct provision who have taken up paid employment since the introduction of the limited right of asylum seekers to work; and if he will make a statement on the matter. [42342/18]

View answer

Written answers

Minister of State at the Department of Justice and Equality

On the 30th of June last Minister Flanagan signed Regulations giving effect to the Recast European Communities Regulations 2013. One of the provisions of the Regulations provides for access to the workplace for applicants to the International Protection process in accordance with EU Regulations. When an international protection applicant is employed, the employer is obliged under the Regulations to inform the Minister within 21 days. This is done by way of a standard form made available on the website of the Irish Naturalisation and Immigration Service.

Based on the returns received to date I am advised that a total of 330 declaration forms have been returned by permission holders' employers to the Labour Market Access Unit of INIS. Of these 330, 244, or 74%, are in RIA accommodation. As permission holders' employers have 21 days from the time they take up employment to return the declaration form, there is likely to be a lag between the actual date of the take up of employment and INIS being notified of same and this will not be reflected in the figures quoted above.

Garda Recruitment

Questions (22)

Tom Neville

Question:

22. Deputy Tom Neville asked the Minister for Justice and Equality his plans for Garda recruitment in 2019; and if he will make a statement on the matter. [42518/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner has responsibility to manage and control generally the administration and business of An Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff.

The Deputy will be aware An Garda Síochána is currently undertaking a programme of accelerated recruitment, as part of the Government’s commitment to a strengthened service through the Five Year High Level Reform and Workforce Plan to achieve an overall workforce of 21,000 personnel by 2021, including 15,000 Garda members, 2,000 Garda Reserve Members and 4,000 civilians.

To support the Commissioner in this recruitment, I have secured funding in Budget 2019 which facilitates the recruitment of up to 800 more Gardaí next year. The Budget also provides for the necessary civilian Garda staff to fill critical skills gaps and enable the further redeployment of Gardaí to front line duties.

As I said on Budget day, the Commissioner will need to consider all aspects of the funding requirement in the Garda Vote and how all resources at his disposal can be best deployed including in relation to the composition of the Service. I expect to receive his proposals in this regard shortly.

Since the re-opening of Templemore College in September 2014, we have been rebuilding the Garda organisation and I am pleased that, since then, approximately 2,200 new Garda members have attested and assigned to duties in communities throughout the country. Garda numbers will increase to approximately 14,000 by the end of this year for the first time since 2011.

In addition to the vision of 15,000 Garda members by 2021, plans are also in place for 4,000 civilians and 2,000 Reserves. I am informed by the Commissioner that as of 31 August 2018 there were 2,330 civilians undertaking administrative and technical duties within An Garda Siochana. I am encouraged that the number of civilians working in An Garda Síochána continues to increase, albeit more slowly than anticipated. It is clear, however, that progress is being made with close to 300 new civilian staff posts sanctioned to fill critical skills gaps across the organisation. This will allow more Gardaí to focus on operational policing duties where their training and specialist expertise can be put to best use. Already approximately 150 Gardaí have been redeployed to operational policing duties and I expect these numbers to accelerate in the coming months and throughout 2019. Work is also continuing on a strategic review of the Garda Reserve which I expect to be concluded shortly.

As the Deputy will also be aware the Commission on the Future of Policing published its report on 18 September. This innovative report sets out a number of recommendations across the policing sector and in particular on the work of An Garda Siochána, including the Garda reserve. I am currently consulting widely on the issues raised including with the Garda Commissioner in advance of returning to Government in December with a high level implementation plan.

Garda Deployment

Questions (23)

Jackie Cahill

Question:

23. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí and reservists in each Garda station in County Tipperary; and if he will make a statement on the matter. [42433/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of Garda personnel among the various 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 do not politically interfere in policing matters nor direct the Commissioner where to deploy resources.

Notwithstanding the Commissioner’s responsibility I have provided for the record, in tabular form, the detailed information requested by the Deputy.

I am informed by the Commissioner that the strength of the Tipperary Division on 31 August 2018, the latest date for which information is readily available, was 393. There are also 16 Garda Reserves and 42 Garda civilian staff attached to the Tipperary Division. When necessary, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

I wish to take the opportunity to again confirm the Government’s firm commitment to supporting An Garda Síochána and ensuring that the organisation is appropriately resourced.

Garda recruitment effectively ended in 2010 and did not resume till September 2014 when the Government reopened the Garda College in Templemore once the economy had stabilised. I am informed by the Commissioner that since then 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 48 have been assigned to the Tipperary Division. I am pleased that the strength of An Garda Síochána will reach over 14,000 members by the end of 2018 for the first time in many years.

I strongly welcome the funding provided in Budget 2019 for the recruitment of up to 800 Garda recruits next year, along with necessary civilian Garda staff. This ongoing recruitment will provide the Commissioner with the resources both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties following civilianisation of their roles. The net benefit of this is the increased Garda visibility and greater response to the policing needs of communities in every Garda Division including the Tipperary Division.

TIPPERARY DIVISION 31 AUGUST 2018


DIVISION	DISTRICT	STATION	TOTAL
TIPPERARY	CAHIR	ARDFINNAN	1
		BALLYPOREEN	1
		CAHIR	54
		CASHEL	17
		CLOGHEEN	1
	CAHIR	TOTAL	74
	CLONMEL	CARRICK-ON-SUIR	15
		CLONMEL	59
		FETHARD	1
		KILSHEELAN	1
		MULLINAHONE	1
	CLONMEL	TOTAL	77
	NENAGH	BORRISOKANE	3
		CLOUGHJORDAN	1
		LORRHA	1
		MONEYGALL	1
		NENAGH	46
		NEWPORT	11
		PORTROE	1
		ROSCREA	20
	NENAGH	TOTAL	84
	THURLES	BALLINGARRY SOUTH	1
		BORRISOLEIGH	1
		HOLYCROSS	1
		KILLENAULE	3
		TEMPLEMORE	26
		TEMPLETUOHY	1
		THURLES	83
	THURLES	TOTAL	116
	TIPPERARY TOWN	BANSHA	1
		CAPPAWHITE	1
		EMLY	2
		GOLDEN	1
		TIPPERARY TOWN	37
	TIPPERARY TOWN	TOTAL	42
TIPPERARY TOTAL			393

Garda Reserves Tipperary Division by Station 31 August 2018.


Station	Total
Thurles	2
Templemore	4
Clonmel	4
Cahir	2
Cashel	1
Roscrea	1
Tipperary	2
Nenagh	0
Carrick-On Suir	0
Templederry	0
Total	16

Commission on the Future of Policing Reports

Questions (24)

Mick Wallace

Question:

24. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the proposed Garda Síochána board as recommended by the Commission on the Future of Policing; his further views on whether this will lead to a decrease in external oversight of An Garda Síochána; and if he will make a statement on the matter. [42438/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will be aware the Commission on the Future of Policing published its report on 18 September. The report contains a wide range of recommendations which comprehensively address all the themes set out in the Commission's terms of reference.

The Report makes many innovative proposals aimed at strengthening our national security arrangements; empowering the Garda Commissioner to ensure more effective management of the Garda organisation; supporting the governance of the Garda organisation through the introduction of a Board as referenced by the Deputy; and reforming the method of recruitment and training of Gardaí. It also makes a number of recommendations on external oversight arrangements as well as on the Commissioner’s engagement with the Oireachtas.

This is a major report on one of the key functions of the State and it is now receiving appropriate consideration. My Department is undertaking a detailed consultation process with the new Commissioner and other agencies as well as with other Government departments which are potentially impacted by the report's recommendations. As part of this process, I have asked the Garda Commissioner to respond to the recommendations in the report insofar as they directly concern An Garda Síochána. I have requested that this response will include an implementation plan of how he intends to take matters forward.

I have also written to the Chairman of the Joint Oireachtas Committee on Justice and Equality and I look forward to hearing their direct response to the Report in the coming weeks. Once this engagement is completed, I will return to Government to discuss my substantive response as well as a High-level Implementation Plan and proposed project structure before the end of the year.

In that context my Department, in consultation with the Department of the Taoiseach, is moving quickly to establish the Implementation Group for Policing Reform and Implementation Programme Office as recommended by the Commission. These matters are being advanced at a senior official level and I expect these structures to be in place in the near future including the appointment of an Independent Chair to lead the Implementation Group. Given the whole-of-Government reach of the report which envisages a new holistic approach to policing and public safety, this Implementation Group and Programme Office will be based in the Department of the Taoiseach.

While the programme of reform that the Commission outlined is undoubtedly an opportunity for transformational change, it is also extremely challenging, requiring actions across Government. It is prudent that we take some time now to ensure that the necessary structures and resources are in place to deliver this needed reform. It will take time to fully implement the recommendations in the report and the Commission has suggested that the centenary of the establishment of An Garda Síochána in 2022 would be an appropriate target for the transformation to be completed.

Garda Deployment

View answer

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 25, 27, 29, 30, 33, 36, 37, 42, 46, 48, 49, 51 and 55 together.

As the Deputies 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 requested by the Deputy as provided by the Garda Commissioner is available on my Department’s website through the following link:

http://www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_31_August_2018.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_31_August_2018.xlsx.

http://www.justice.ie/en/JELR/006_Garda_Reserve_Strength_2009_to_31_August_2018.xlsx/Files/006_Garda_Reserve_Strength_2009_to_31_August_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.

International Conventions

Questions (26)

Tom Neville

Question:

26. Deputy Tom Neville asked the Minister for Justice and Equality if Ireland has ratified the Istanbul Convention; and if he will make a statement on the matter. [42519/18]

View answer

Written answers

Minister for Justice and Equality

The Istanbul Convention is a significant legal instrument in the fight against domestic and sexual violence. The Programme for Government includes a commitment to implement the Convention. Ireland signed the Convention in November 2015.

Since signature, the Government has prioritised work in a range of Government Departments and agencies to implement at an early date the legislative and administrative actions required to enable Ireland to ratify the Convention.

Those actions are set out in the whole-of-Government Second National Strategy on Domestic, Sexual and Gender-based Violence 2016-2021, the implementation of which is monitored by a group comprising stakeholders from Government Departments and agencies and non-governmental agencies.

I am pleased to inform the Deputy that the enactment of the Domestic Violence Act 2018 in May of this year is a significant advancement in the Government's progress towards ratification of the Convention as it delivers a number of essential actions required.

There is one outstanding legislative action required for the ratification of the Convention, which is the introduction of legislation for extraterritorial jurisdiction in respect of offences covered by the Convention. I intend to publish the Criminal Law (Extra-territorial Jurisdiction) Bill by year end. The enactment of this legislation will enable Ireland to ratify the Convention, which I anticipate will be in early 2019.

Question No. 27 answered with Question No. 25.

Garda Equipment

Questions (28)

Eoin Ó Broin

Question:

28. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the position regarding the use of pepper spray by An Garda Síochána; the reporting mechanisms for same; and if he will make a statement on the matter. [42374/18]

View answer

Written answers

Minister for Justice and Equality

As the Deputy will be aware, at an operational level, incapacitant, or pepper, spray is one of a number of tactical options which are available for deployment by Garda personnel. The function of using less than lethal weapons is for circumstances where it is necessary to avoid the use of firearms. The use of firearms is permitted only to repel serious attacks on Gardaí, members of the public or property, or in the arrest or re-arrest of persons involved in serious offences.

Less lethal weapons are not routinely carried by the Garda members authorised to use them as their deployment is intended for critical incidents. The criteria applied to the use of less lethal weapons is, therefore, intentionally strict so as to limit their use in daily operations. However, I believe it is important that An Garda Síochána have at their disposal the necessary tools to ensure the safety of the public at large, and the Garda members themselves. On this basis, I work closely with the Garda Commissioner to ensure that sufficient resources are put at his disposal so as to successfully execute the work of the force.

In order to monitor and control the use of such weapons, I am informed that a system of reporting incidents of use is in place both internally within An Garda Síochána and externally via a reporting mechanism with the Garda Síochána Ombudsman Commission.

In the first instance, the use of Incapacitant Spray must be initially reported to the member’s immediate supervisor where such use occurs other than in training. This must also be reported prior to the conclusion of the member’s tour of duty and an incident report on the matter leading to the weapon’s use created on the Garda computer system.

With regards the reporting of incidents involving the use of incapacitating spray to GSOC, I have been advised that other than in training or in the humane destruction of animals, and which do not result in the death of, or serious harm to a person, these incidents must be notified to GSOC within 48 hours by the District Officer for the area where the incident occurred.

The process for this notification is set out in Garda HQ Directive 10/2010 which came into effect on 26 January 2010. This directive requires members of An Garda Síochána to notify GSOC of the discharge of a firearm, or less lethal device, including Incapacitant Spray, within 48 hours using an Annex 2 Notification. This notification must be signed off by the local District Officer prior to being forwarded to the Ombudsman Commission.

Questions Nos. 29 and 30 answered with Question No. 25.