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Wednesday, 17 Oct 2018

Written Answers Nos. 31-49

Civil Legal Aid

Questions (31)

Jim O'Callaghan

Question:

31. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he is satisfied that the increases to the funding for civil legal aid as provided for in budget 2019 will address the concerns articulated by the Chief Justice about the need to reform the eligibility criteria for civil legal aid; and if he will make a statement on the matter. [42339/18]

View answer

Written answers

The Government has prioritised and maintained the Legal Aid Board budget in recent years, ensuring that its budget allocation increased from nearly €30.37m in 2011 to €40.796m for 2019. This represents an increase of over 34%.

Ensuring that all eligible persons have access to civil legal aid and advice is a priority for the Board and the Government.

Applicants for civil legal aid must meet a financial test based on their disposable income and capital assets. In addition, applicants are required to meet a merits test which is provided for in the Act. The merits test includes such criteria as likelihood of success, the legal basis for taking or defending proceedings, and, in some but not all case types, the costs and benefit associated with pursuing the matter in question by means of civil litigation.

The Board has a policy role in relation to the provision of civil legal aid and periodically reviews the scheme's operation. In 2017, the Board submitted a number of proposals to my Department in relation to the financial eligibility thresholds and other general legislative amendments including removal of contributions sought from victims of domestic violence. My Department progressed this latter element of the proposal separately and from 1 January 2018, a contribution is no longer required of persons granted legal aid in connection with proceedings where the sole remedy is an order pursuant to the Domestic Violence Act 1996. Statutory Instrument 626 of 2017 gave effect to this. Both the Board and my Department are actively working on the remaining elements of the submission which require further detailed analysis.

Garda Operations

Questions (32)

Clare Daly

Question:

32. Deputy Clare Daly asked the Minister for Justice and Equality his views on the status of An Garda Síochána as a primarily unarmed force, in view of the apparent increased incidence of armed gardaí on the streets of Dublin and elsewhere. [42359/18]

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.

The Deputy will be aware that An Garda Síochána is a largely unarmed police service which polices our people by consent, and has a proud tradition of being a community police service by fostering close links with the communities it serves. An Garda Síochána remains committed to that principle and that of its first Commissioner Michael Staines who stated ‘The Garda Síochána will succeed not by force of arms or numbers, but on their moral authority as servants of the people’.

Armed Support Units (ASU) were established on a Regional basis in order to provide an armed response capacity and capability on a Regional basis to support and supplement, where necessary, front line unarmed uniformed Garda colleagues. Members of the ASU are highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols in a uniform that deliberately distinguishes them from their unarmed uniformed colleagues.

I am advised that in the event of an armed incident or similar outrage armed Detective members from local Districts and Divisional units respond, as do the Armed Response Units, which are based at two locations in each Garda Region. Should the incident be escalated and further armed support be required the Garda Emergency Response Unit are also available and they, too, are highly trained and especially equipped to respond to the most serious outrage or terrorist threat.

I am informed by the Commissioner that it is not possible for operational reasons to disclose the number of Gardaí that are armed. However, I can assure the Deputy that the principle of being an unarmed police service is still paramount and sacrosanct and that the numbers of armed uniformed Gardaí is a tiny percentage of the overall numbers in An Garda Síochána. I have also been assured by the Commissioner that the deployment of visible, highly-trained armed support is in line with international best practice and commensurate with the potential threat of harm posed to both the public and frontline unarmed Garda members, from internationally organised and highly armed crime gangs and from the threat of terrorism.

Question No. 33 answered with Question No. 25.

National LGBTI Strategy

Questions (34)

James Browne

Question:

34. Deputy James Browne asked the Minister for Justice and Equality the position regarding the development of the national LGBTI inclusion strategy with particular reference to actions related to mental health; if his Department has consulted with the Department of Health regarding this matter; and if he will make a statement on the matter. [42199/18]

View answer

Written answers

The Department of Justice and Equality continues to work on the development of a National LGBTI Inclusion Strategy and I welcome funding of €200,000 in the forthcoming Budget to support its implementation.

Preliminary consultation has taken place with a range of stakeholders including LGBTI representative and community bodies, mental and sexual health practitioners, and legal experts. A series of thematic consultation sessions are scheduled to take place throughout October and November facilitated by LGBTI experts and researchers to support the development of the Strategy.

The Strategy will take a whole of Government approach to improving outcomes for LGBTI people in Ireland. Accordingly, consultation with other Government Departments is a key feature of the strategic development process.

The first inter-departmental meeting on the development of the strategy took place in June 2018. Representatives from fourteen departments and agencies, including the Department of Health, were present to identify the key areas on which the proposed strategy should focus and how Departments can address the issues identified in specific sectors.

The Department will draw upon an impressive range of recent research to inform the consultation process and subsequent drafting of the plan. For example, in reference to mental health, the 2016 LGBT Ireland Report provides an important source of information on a national study of the mental health and wellbeing of lesbian, gay, bisexual, transgender and intersex (LGBTI) people in Ireland.

LGBTI+ people are identified as a priority group in Connecting for Life, Ireland’s national strategy to reduce suicide.

There are a range of supports available to young people with mental health difficulties, either through services provided directly by the HSE, or through various non-statutory agencies funded by the Executive. In particular, this includes support by the National Office for Suicide Prevention (NOSP) for LGBTI+ advocacy groups, such as Belong To or other groups that also cover, to some degree as part of their overall mental health services, LGBTI+ issues relating to young persons.

A Good Practice Guide was developed by the Psychological Society of Ireland in collaboration with GLEN (Gay and Lesbian Equality Network) and the HSE National Office for Suicide Prevention. The Guidelines inform psychologists of what they need to know when providing a psychology service to a lesbian, gay or bisexual person.

The Department of Justice and Equality will continue to consult with other Government Departments throughout the development period. A further inter-departmental meeting is planned towards the end of November to provide an update on issues arising from the consultation and seek inputs as regards potential policy responses.

I am seeking to finalise the strategy early next year.

Gangland Crime

Questions (35)

Bernard Durkan

Question:

35. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he expects An Garda Síochána to be in a position to respond rapidly to the activities of criminal gangs roaming throughout the country particularly in the run up to Christmas; if he remains satisfied regarding the adequacy of the resources to deal with issues arising; and if he will make a statement on the matter. [42371/18]

View answer

Written answers

As the Deputy is aware, the manner in which the resources of An Garda Síochána are deployed, including Garda personnel, is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no direct role in this regard. However, to be of assistance to the Deputy, I have requested a report from An Garda Síochána regarding any additional measures being taken by Gardaí in the run up to Christmas. I will contact the Deputy directly when this report is to hand.

Investing in the capacity of An Garda Síochána to tackle criminals and enforce the law effectively is a key objective of the Government's response to serious crime.

The Deputy will be aware that the Government has dedicated very significant resources to support An Garda Síochána in tackling the activities of criminal gangs, including mobile criminal gangs, that seek to target our communities. Indeed, Budget '19 will see an increase in the Garda budget from €1.65 billion to €1.76 billion, an increase of €110 million.

Furthermore, under the National Development Plan and the overall vision in Project Ireland 2040, the Garda capital allocation has increased from €61 million to €92 million in 2019, a 50% increase. This will facilitate investment of around €65 million in ICT which is now an important element of the fight against crime – this substantial investment will provide new and leading edge technology to support our front line Gardaí in their daily work. The Budget also provides for a further €10 million investment in the Transport Fleet and €17 million in the Garda Building Programme. This capital investment is a key enabler in the reform programme and will be one of the main pillars on which the future of policing will be built.

Under the Programme for Government there is a commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. This is underpinned by the Government’s commitment to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 21,000 by 2021.

I can assure the Deputy that the Government remains committed to ensuring An Garda Síochána have all the necessary resources to tackle all forms of criminality that affects our communities.

Questions Nos. 36 and 37 answered with Question No. 25.

Crime Levels

Questions (38)

Jim O'Callaghan

Question:

38. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the way in which he plans to respond to the trend evidenced in the most recent statistics released by the Central Statistics Office which showed an increase in violent crime; and if he will make a statement on the matter. [42340/18]

View answer

Written answers

As the Deputy will be aware, the recently published Commission on the Future of Policing in Ireland report recommends that policing must be information-led and that data should be seen as a strategic asset and a key factor in determining policing decisions. My Department is currently analysing the Report and my officials are currently engaging in consultations with An Garda Síochána, the policing oversight bodies and the relevant Departments in order to inform my substantive response and the high-level implementation plan and project structure that I intend to bring to Government by December.

With respect to the Deputy's question, while the most recent publication of the official recorded crime statistics remain 'Under Reservation', it is important to note the Central Statistics Office (CSO), in conjunction with An Garda Síochána continue to make good progress on returning the crime figures to the higher standard expected of our national crime statistics. I am determined that this body of work be completed as soon as possible and I welcome the continued diligence of the Policing Authority in monitoring this matter.

I welcome the slight decrease in burglary offences (-0.8%) for Q2 2018 and, while I am concerned at the rise in recorded incidents of robberies year on year, it should be noted that both these categories remain at low levels when compared with the years 2014 and 2015.

I am advised by An Garda Siochana that through targeted initiatives at District, Divisional, Regional and National level, Gardaí use a range of interventions to target various facets of criminality, to prevent and detect crime, including, proactive patrolling of ‘crime hot spots’ as identified on a weekly and monthly basis based on analytics provided by Garda Síochána Analysis Service (GSAS), targeted crime prevention advice, and the management of prolific offenders. An Garda Síochána works in partnership with other Government Departments and agencies and expands the policy options available to reduce crime beyond the immediate realm of policing.

I can assure the Deputy that the Government also remains committed to ensuring that An Garda Síochána have the necessary resources to tackle all forms of violent crime in our community, including sexual assaults. An Garda Síochána continue to tackle this insidious form of violence and abuse. Recent Garda measures include the establishment of the National Protective Services Bureau which is tasked with improving services to victims of sexual and domestic violence, improving the investigation of sexual and domestic violence incidents, and identifying and managing risk.

I would also make the point that an increase in recorded incidents of sexual assault can also indicate an increase in the reporting of sexual crimes and I urge anyone who has been a victim of sexual assault to come forward and report the incident to An Garda Síochána.

As the Deputy will be aware, this Government has put a number of legislative and practical measures in place to tackle the scourge of sexual assaults. The Criminal Justice (Victims of Crime) Act 2017 has significantly enhanced protections for victims of crime, including victims of sexual offences. I recently commenced Second Stage of the Criminal Law (Sexual Offences) (Amendment) Bill which provides for presumptive minimum sentences for repeat sex offenders.

I am committed to ensuring that victims of sexual crimes have appropriate protections during a court process and I have ordered a review of the investigation and prosecution of sexual offences with an emphasis on vulnerable witnesses. A review group chaired by Mr. Tom O’Malley BL, an acknowledged expert in this field, will report to me by the end of the year.

The Deputy will also be aware that the Government has dedicated very significant resources to support An Garda Síochána in tackling all crime, including violent crime. Indeed, Budget '19 saw an increase in the Garda budget from €1.65 billion to €1.76 billion, an increase of €110 million.

Furthermore, under the National Development Plan and the overall vision in Project Ireland 2040, the Garda capital allocation has increased from €61 million to €92 million in 2019, a 50% increase. This will facilitate investment of around €65 million in ICT which is now an important element of the fight against crime – this substantial investment will provide new and leading edge technology to support our front line Gardaí in their daily work. The Budget also provides for a further €10 million investment in the Transport Fleet and €17 million in the Garda Building Programme. This capital investment is a key enabler in the reform programme and will be one of the main pillars on which the future of policing will be built.

Under the Programme for Government there is a commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. This is underpinned by the Government’s commitment to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 21,000 by 2021.

Direct Provision System

Questions (39)

Catherine Connolly

Question:

39. Deputy Catherine Connolly asked the Minister for Justice and Equality the steps being taken to facilitate those who have been granted asylum moving out of direct provision centres; and if he will make a statement on the matter. [42437/18]

View answer

Written answers

All residents of state accommodation centres who are granted status are eligible to access mainstream housing supports and services on the same basis as Irish nationals/European Economic Area Nationals.

Residents with status are provided with details on how to access information in respect of applying for social housing and how to access Housing Assistance Payments, finance, healthcare, and education among other supports. The information booklet, "Your guide to living independently" published by the Reception and Integration Agency (RIA) in Urdu, Pashtu, Farsi, Arabic, French and English is available on the RIA website.

Considerable work has been done to support residents with status to move out of accommodation centres and to secure permanent accommodation. The Department of Justice and Equality provides funding to NGOs and is working with the Department of Housing, Planning and Local Government on the issue of accommodation for persons who have been granted a permission to remain in Ireland.

In particular, funding was granted to the Jesuit Refugee Service and the Peter McVerry Trust under the Asylum, Migration and Integration Fund Ireland 2017 - 2019 for the PATHS project (Providing Asylum-seekers in Transition with Housing and Support). In addition, funding has been granted to South Dublin County Partnership for a two year housing and integration programme, a key part of which is to assist residents who have their status to access housing supports. Both of these projects are focused on the Towers Accommodation Centre in Clondalkin, Dublin 22.

Furthermore, the Department is working with DePaul Ireland and Respond to provide nationwide supports to residents with permission to remain to assist them to secure permanent housing outside of the Department’s accommodation portfolio.

Garda Operations

Questions (40, 50)

Catherine Murphy

Question:

40. Deputy Catherine Murphy asked the Minister for Justice and Equality the circumstances by which members of An Garda Síochána were required to work with armed and masked private security personnel during a recent raid of a premises (details supplied); if it is standard procedure for members of An Garda Síochána to partake in private security operations while on duty; the way in which the order for such an operation was authorised; the person that authorised same; and if he will make a statement on the matter. [42200/18]

View answer

Catherine Murphy

Question:

50. Deputy Catherine Murphy asked the Minister for Justice and Equality the regulations under which members of the public order unit of An Garda Síochána are permitted to wear face covering attire when engaged in their official duties; and if he will make a statement on the matter. [42201/18]

View answer

Written answers

I propose to take Questions Nos. 40 and 50 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 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. The Policing Authority, at its recent meeting, pursued 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.

Road Traffic Legislation

Questions (41)

Thomas P. Broughan

Question:

41. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the measures he is taking to curb the sale or gifting of scramblers and other off-road vehicles to youths under 16 years of age; the number of such vehicles that were seized in each of the years 2016, 2017 and to date in 2018; and if he will make a statement on the matter. [42194/18]

View answer

Written answers

The Deputy will be aware that the supply of mechanically propelled vehicles to persons under the ages of 16 and 17 (depending on the vehicle) constitute offences in accordance with section 30 of the Road Traffic Act 2004.

My Department has consulted with a considerable number of Government Departments and public bodies over the past number of months to identify a number of relevant pieces of legislation, which have been brought to the attention of the Office of the Attorney General (OAG), to determine whether any legislative amendments are necessary to assist in curbing activity insofar as scramblers and quad bikes are concerned, without giving rise to any unintended negative legislative consequences. The supply of scramblers and quad bikes to persons under 16 years of age has been highlighted by my Department as a key issue requiring careful consideration in this regard.

As part of my Department's consultations with other Government Departments and agencies, the importance of effective and targeted public awareness-raising has been acknowledged. I understand that the road safety officers from each of the Dublin local authorities have agreed to organise acampaign urging parents not to purchase scramblers and quad bikes as Christmaspresents for minors. In addition, the Road Safety Authority has agreed to bring forward a similar safety campaign.

In relation to the statistics sought by the Deputy I have requested a report from An Garda Síochána and I will be in contact with the Deputy again on receipt of this report.

The following deferred reply was received under Standing Order 42A
I refer to parliamentary question 41 of 17 October 2018, in which the Deputy asked the number of scramblers and other off-road vehicles seized in each of the years 2016, 2017 and to date in 2018.
As the Deputy will recall, I undertook to have enquiries made in relation to your query, and officials in my Department contacted An Garda Síochána in this regard.
I am informed by An Garda Síochána that the number of such vehicles seized is not readily available, and to obtain this information would necessitate a manual trawl of all relevant incidents recorded on PULSE. This has been deemed a disproportionate expenditure of Garda time and resources.
Question No. 42 answered with Question No. 25.

Garda Deployment

Questions (43, 60)

Robert Troy

Question:

43. Deputy Robert Troy asked the Minister for Justice and Equality the number of gardaí and reservists in each Garda station in counties Longford and Westmeath; and if he will make a statement on the matter. [42429/18]

View answer

Shane Cassells

Question:

60. Deputy Shane Cassells asked the Minister for Justice and Equality the number of gardaí and reservists in each Garda station in County Meath; and if he will make a statement on the matter. [42547/18]

View answer

Written answers

I propose to take Questions Nos. 43 and 60 together.

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.

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

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: www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.

Garda Misconduct Allegations

Questions (44)

Eoin Ó Broin

Question:

44. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the progress made towards giving effect to the vote of Dáil Éireann on establishing a public inquiry into the death of a person (details supplied). [42372/18]

View answer

Written answers

As the Deputy is aware, certain matters related to the circumstances surrounding the tragic death of Shane O'Farrell were the subject of an investigation conducted by the Garda Síochána Ombudsman Commission. The report published by GSOC of its investigation found that there was no conduct by any member of the Gardaí which would constitute an offence. However, there was conduct that requires further investigation which may lead to disciplinary proceedings against one or more members. That further investigation by GSOC is on-going and I do not propose to comment on that matter while the investigation is proceeding.

In response to the motion calling for an investigation into Shane O'Farrell's death, the Government, respecting fully the independence of GSOC, proposed that any further action be deferred until the current investigation was completed. I want to reiterate the Government's undertaking that when investigations are completed, the question of what further action might be taken will be considered.

It is worth mentioning that the Dáil motion also referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the courts. The Government recognises the failings that occurred in the run up to this tragic incident and GSOC, the independent authority established by an Act of the Oireachtas should be allowed to complete its investigation unhindered. As a consequence, the Department of Justice and Equality is currently considering how the issues around systems, processes and procedures that have been identified in this case, can be best reviewed so that lessons can be learned and that tragedies such as this are avoided, to the greatest extent possible, in the future.

Commission on the Future of Policing Reports

Questions (45)

Mick Wallace

Question:

45. Deputy Mick Wallace asked the Minister for Justice and Equality his views on the recommendations by the Commission on the Future of Policing to establish two new oversight bodies for An Garda Síochána; his further views on the fact that two members of the commission noted their disagreement with these proposals; and if he will make a statement on the matter. [42441/18]

View answer

Written answers

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 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.

I welcome the fact that the report has the full support of all members of the Commission notwithstanding two members of the Commission having diverging views in relation to the recommendation concerning the formation of a Board as part of a new governance and oversight architecture for policing. I am grateful to all the members of the Commission for their commitment and dedication to the task. The State was very fortunate that the members possessed a huge range of personal expertise and clearly people had strong views and felt free to express them. This is all to the good in terms of the robustness of the report's recommendations.

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.

Question No. 46 answered with Question No. 25.

Closed-Circuit Television Systems Provision

Questions (47)

Eoin Ó Broin

Question:

47. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the position regarding the most recent developments on community CCTV schemes. [42373/18]

View answer

Written answers

The Deputy will be aware that the Programme for a Partnership Government commits to supporting investment in CCTV systems. In pursuance of this commitment, a grant-aid scheme was launched by my Department in 2017 to assist groups in the establishment of community-based CCTV systems in their local areas. It is intended that the scheme will run for 3 years with funding of some €1 million being made available each year.

Community CCTV is governed by section 38 of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. This legal framework requires that any proposed community CCTV scheme must-

- be approved by the local Joint Policing Committee,

- have the authorisation of the Garda Commissioner, and

- have the prior support of the relevant local authority, which must also act as data controller.

This is the legal basis for all community CCTV schemes, regardless of whether or not grant funding is sought from my Department to assist in their establishment.

There have to date been 27 applications to the scheme. 20 applications have been approved, with grant aid totalling more than €480,000 already approved, from the total €1 million available for 2018. A further 4 applications to the scheme are currently being assessed and considered. The remaining 3 applications have been returned to the applicants concerned to enable them to supply the information necessary to qualify for grant aid.

In establishing the grant-aid scheme, the Department consulted broadly including with the Office of the Data Protection Commissioner, An Garda Síochána and the Office of the Attorney General as well as with stakeholders including County and City Management Association (CCMA), Local Government Management Agency (LGMA), Irish Rural Link as well as interested community groups. The application process and documentation were streamlined, compared to the earlier community CCTV grant aid scheme operated by Pobal, on behalf of the Department. Nonetheless and in response to the queries from some groups and local authorities, my officials are further reviewing the relevant documentation and continue to engage on the matter in particular through the LGMA and the CCMA, to clarify any queries arising.

The Deputy may also wish to be aware that the Data Protection Commissioner’s Office has confirmed as recently as May of this year that it does not have any concerns on the legislative basis for CCTV. However it is currently conducting an audit of the practice, operation and governance of CCTV. We expect findings from this process to be of great assistance to local authorities as they carry out their function of data controller.

As I have said in the past, I am keen to ensure that all interested groups, in both rural and urban areas, have the opportunity to take advantage of the availability of this grant aid scheme. Under the scheme, eligible community groups can apply for grant-aid of up to 60% of the total capital cost of a proposed CCTV system, up to a maximum total of €40,000. Full details of the grant aid package are available to download from my Department's website - www.justice.ie and support and guidance is available to help interested groups to apply for this funding through a dedicated email address communitycctv@justice.ie

Questions Nos. 48 and 49 answered with Question No. 25.
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