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Wednesday, 17 Oct 2018

Written Answers Nos. 50-69

Garda Misconduct Allegations

Questions (52)

Bríd Smith

Question:

52. Deputy Bríd Smith asked the Minister for Justice and Equality the reason no public inquiry into the death of a person (details supplied) has commenced; his plans to commission one; and when he expects a GSOC report on this case to be completed. [42446/18]

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Written answers

As the House 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 on the outcome 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. As the Deputy is well aware, GSOC is independent and it would be entirely inappropriate of me to comment where I have no authority to do so.

I have been informed by GSOC that the Senior Investigating Officer in charge of the investigation has outlined that a report into the disciplinary aspect of the GSOC investigation will be submitted to the GSOC Commission as soon as is practicable. Upon receipt of the report, the GSOC Commission is then obliged under section 97 of the Garda Síochána Act, 2005 to submit a report to the Garda Commissioner outlining the findings of the GSOC investigation. It will also contain a recommendation about whether or not disciplinary proceedings should be instituted under the Garda Síochána Disciplinary Regulations against any of the Garda members subject of the investigation.

In response to the motion calling for an investigation into Shane O'Farrell’s death, the Government must respect fully the independence of GSOC. The motion 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. That being said, it is entirely appropriate that any further or proposed action be deferred until the current investigation is completed.

I should also mention that the Department of Justice and Equality is 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.

I want to reiterate to the House the Government's undertaking that when investigations are completed, the question of what further action might be taken will be considered.

Sexual Offences Data

Questions (53)

Jim O'Callaghan

Question:

53. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if provision has been made in budget 2019 for a second SAVI report; if not, the reason therefor; and if he will make a statement on the matter. [42336/18]

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Written answers

This Government is committed to preventing and addressing sexual violence in Ireland. It is extremely important to me but, more importantly, to victims of this violence that policy must be effective, driven by accurate, up to date, reliable data. Knowledge and information are essential to making effective policies to prevent and combat sexual violence.

The Sexual Abuse and Violence in Ireland (SAVI) report was formative research in this area and its results had a significant impact on policy at the time of its publication in 2002 and since.

The Government decided to examine what data is available for the development of policy in this particularly sensitive area and to assess if there were gaps in the data available for policy formulation. As the Deputy is aware, this work was undertaken by a Scoping Group which considered the availability of data and made recommendations on the format of a study to identify the prevalence of sexual abuse and violence in Ireland today and emerging trends. The Group completed a draft report and submitted it to my office for consideration in April.

A further piece of technical legal work is now being completed so that proposals can be brought to Cabinet in the coming weeks.

As the Deputy will be appreciate I am constrained from commenting further as proposals have yet to be brought to Government, but I can assure the Deputy that monies for the undertaking of work have been made available next year. Once the report has been considered by Government. I intend to make an announcement to outline the way forward in relation to this issue and details of available budget will also be provided.

Criminal Law

Questions (54)

Mick Wallace

Question:

54. Deputy Mick Wallace asked the Minister for Justice and Equality his views on reports by an organisation (details supplied) that there has been an increase in violence towards workers in the sex industry; his further views on whether the Criminal Law (Sexual Offences) Act 2017 may be contributing to these incidents; and if he will make a statement on the matter. [42440/18]

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Written answers

As outlined in my reply of 2nd October 2018 to a similar question (Ref 39752/18), the Criminal Law (Sexual Offences) Act was enacted on 22 February 2017. Part 4 of the Act, which was commenced on 27 March 2017, provides for two new offences of purchasing sexual services in the context of prostitution. The purpose of these offences is to target the demand for prostitution. The part of the Act dealing with the purchase of sex is due to be reviewed in 2020, which review will include an assessment of the impact on the welfare of those who engage in sexual activity for payment, as well as statistics on prosecutions and convictions.

In relation to the Deputy's query, I would encourage anyone who has been the subject of a violent crime, to report that incident to An Garda Síochána, and for any group with evidence of such crimes to present any data to An Garda Síochána.

The organisation in question, in common with other interested parties, has recently been given the opportunity to submit detailed proposals for funding for further research into the issue, with any such research expected to inform the aforementioned Review.

Question No. 55 answered with Question No. 25.

Garda Procedures

Questions (56)

Bernard Durkan

Question:

56. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which policing methods here are in accordance with best practice throughout Europe and globally with particular reference to the strength of the force, deployment techniques, the availability of modern technology and intelligence in the fight against crime, including organised crime; and if he will make a statement on the matter. [42370/18]

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Written answers

In accordance with section 26 of the Garda Síochána Act 2005, the Garda Commissioner is responsible for the direction and control of the Garda Síochána. In exercising this function, I understand that the Garda Commissioner continues to ensure that relevant policing developments in other jurisdictions are reviewed on an on-going basis so that international best practice can be identified and, where appropriate, applied throughout the Garda Síochána. In addition I wish to assure the Deputy that when developing policy or legislative proposals on policing matters my Department would always have regard to international models.

I am informed by the Commissioner that the Cohort model of resource allocation has been in use by Garda management since 2015 and is currently the model utilised for the allocation of personnel within An Garda Síochána. The model is a dynamic distribution model and aims to impose a numerical/mathematical measure on the policing needs of each Division nationwide. The allocation and transfer of Garda Personnel is determined by a number of factors, including crime and non-crime workload, population, area, policing arrangements, operational strategies and transfers applications, including welfare issues. When allocation of resources is under review, comprehensive consultation is carried out with local Garda management during which all relevant factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

As the Deputy will be aware the Garda Síochána Act 2005 contains provisions, the purpose of which are to assist the Garda Síochána to operate to the best standards in line with the police services of other comparable jurisdictions. The Act provided for the establishment of the Garda Síochána Inspectorate and section 117(1) of the Act requires the Garda Síochána Inspectorate to benchmark their recommendations by reference to the best standards of comparable police services. Arising from this requirement, every inspection conducted by the Garda Inspectorate, and any recommendation arising, has involved examining and taking account of policing practices in other jurisdictions.

The Deputy will no doubt be aware that 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. 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 and are on target to reach 15,000 by 2021.

The Deputy may also wish to note one of the functions of the Garda Professional Standards Unit, which was established under Section 24 of the 2005 Act, is to promote the highest standards of practice, as measured by reference to the best standards of comparable police services, in operational, administrative and management matters relating to An Garda Síochána. It also undertakes reviews, as directed by the Garda Commissioner, into operational, administrative and management matters relating to the Garda Síochána at all levels. Arising from these reviews, the Unit proposes measures to improve performance and promote the highest standards of practice throughout the Garda Síochána with reference to those of comparable police services. The Garda Commissioner, on an ongoing basis, draws on the Unit's proposals to enhance policing practices and policies.

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 need for digital innovation and information was highlighted by the Commission and I am pleased that funding of around €65 million for ICT is provided for in Budget 2019. This is part of the €1.76 billion allocated to An Garda Siochána in 2019 which represents an increase of €110 million on this years allocation.

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 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.

Insurance Fraud

Questions (57)

Pearse Doherty

Question:

57. Deputy Pearse Doherty asked the Minister for Justice and Equality the progress in implementing the cost of insurance working group’s suggestion of setting up a Garda insurance fraud unit. [30973/18]

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Written answers

The Cost of Insurance Working Group proposed exploring the possibility that a specific unit, funded by the insurance industry, be established within the Garda National Economic Crime Bureau (GNECB) to tackle insurance fraud.

I understand that the GNECB has engaged with Insurance Ireland in relation to this matter and submitted a mechanism for establishing an insurance fraud unit to Insurance Ireland in the first half of 2017. Following receipt of the reply from Insurance Ireland in July 2018, I met with the GNECB and the Assistant Commissioner, Special Crime Operations, on 30 August 2018 to discuss this recommendation further. Following those discussions, I understand the recommendation is receiving further consideration within An Garda Síochána.

Sexual Offences Data

Questions (58)

Catherine Connolly

Question:

58. Deputy Catherine Connolly asked the Minister for Justice and Equality the status of the timeline for undertaking a second SAVI report; and if he will make a statement on the matter. [42436/18]

View answer

Written answers

As the Deputy is aware, the expert Scoping Group has completed a draft report considering the availability of data and making recommendations on a study to identify the prevalence of sexual abuse and violence in Ireland and emerging trends. A further piece of technical work is now being completed so that proposals can be brought to Cabinet in the coming weeks.

As the Deputy will appreciate, I am constrained from commenting further as proposals have yet to be brought to Government. However, I can assure the Deputy that once the report has been considered by Government I intend to make an announcement to outline the way forward in relation to this issue.

Garda Resources

Questions (59)

Brendan Smith

Question:

59. Deputy Brendan Smith asked the Minister for Justice and Equality if the budgets for the Garda divisions in the northern region which were reduced some time ago will be restored without further delay in view of the unique policing needs of those divisions; and if he will make a statement on the matter. [42517/18]

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Written answers

The Deputy will be aware that the Garda Commissioner is the Accounting Officer for the Garda Vote and as such is responsible for the effective and efficient use of the resources at his disposal. Those resources have reached unprecedented levels, with an allocation for 2018 of more than €1.6 billion.

I am pleased to confirm that €1.76 billion has been allocated to the Garda Vote for 2019. This is an increase of over 6% over the initial allocation for 2018.

In terms of capital investment, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform. €46 million is being made available for investment in the Garda Fleet over the same period, in addition to the investment of almost €30 million in the fleet from 2013 to 2015. Significant investment is also being made in addressing deficiencies in the Garda estate.

This significant current and capital investment in An Garda Síochána is in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.

It is a matter for the Commissioner to efficiently manage the resources provided for An Garda Síochána and to determine the allocation of budgets to all Divisions, including those in the Northern Region, based upon operational requirements.

Question No. 60 answered with Question No. 43.

Court Orders

Questions (61)

Eoin Ó Broin

Question:

61. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the legislation that governs the regulation of bailiffs or those acting on behalf of a bailiff or the courts during the course of a repossession of a property; and his views on the policing of recent protests. [42376/18]

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Written answers

As the Deputy may be aware, Sheriffs (or County Registrars acting as Sheriffs) are responsible to the Court for the enforcement of Court Orders, including Court Orders for repossessions. The law and procedures governing the execution of Court Orders is contained in the Enforcement of Court Orders Acts, 1926 to 1940 and the Rules of Court made thereunder. Sheriffs (or County Registrars acting as Sheriffs) are officers of the Court and are independent in the exercise of their functions and duties under statute and rules of court.

The Enforcement of Court Orders Acts, 1926 to 1940 also govern the role, function and powers of Court Messengers who support Sheriffs (or County Registrars acting as Sheriffs) in the enforcement of Court Orders. Every Court Messenger when assisting in or executing an execution order is furnished with a warrant in writing authorising the Court Messenger to execute or take part in the execution of the execution order.

Enforcement of a Court Order is considered on a case-by-case basis and where additional support is required, for example where the Court has granted an Order for possession, the Sheriff (or County Registrar acting as Sheriff) assesses the risks involved and makes his/her recommendations to the bank or lending institution’s solicitor as to what additional security arrangements are necessary. These additional personnel are sourced, contracted and paid for by the bank or lending institution and the Sheriff (or County Registrar acting as Sheriff) then appoints them as bailiffs. The employment of bailiffs in these circumstances is governed by section 2 of the Enforcement of Law (Occasional Powers) Act, 1924.

As the Deputy will be aware, the removal of individuals from property is not conducted by An Garda Síochána. In relation to the recent protests referenced by the Deputy I am advised by the Garda authorities that a removal was conducted on behalf of the property’s owner who had obtained an injunction order from the High Court directing people who had been occupying the premises to vacate it. The action was taken by a private firm acting for the owner of the premises on foot of this High Court Order.

Operational issues are a matter for An Garda Síochána and I am informed that the role of the Gardaí who were in attendance at the scene that evening was to uphold the law in facilitating the High Court order being carried out safely, to ensure public order and to facilitate peaceful protest. I understand that Community Gardaí were deployed, and were later, based on the situation as it evolved on the ground, supported by a Garda Public Order Unit, to allow the High Court order to be enforced, to keep the peace and to facilitate a public protest.

The Garda Commissioner has made a statement in relation to the protest and I understand he has requested a report from the Assistant Commissioner, Dublin Metropolitan Region (DMR), to see what lessons can be learned from the event. I also note that the Policing Authority will be discussing this matter with An Garda Síochána. Furthermore, I have asked the Garda authorities to bring any additional relevant information to my attention.

Garda Resources

Questions (62)

Niamh Smyth

Question:

62. Deputy Niamh Smyth asked the Minister for Justice and Equality if extra funding is being put into Garda resources in the Cavan-Monaghan Garda division in 2018 and 2019. [42196/18]

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Written answers

The Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years. €1.65 billion has been allocated to the Garda Vote for 2018 and I am pleased to confirm also that €1.76 billion has been allocated to the Garda Vote for 2019. This is an increase of over 6% over the initial allocation for 2018.

In terms of capital investment, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies and to deliver on reform. €46 million is being made available for investment in the Garda Fleet over the same period, in addition to the investment of almost €30 million in the fleet from 2013 to 2015. And further €60 million exchequer funding underpins the Garda Building and Refurbishment Programme, which is a 5-year programme based on agreed Garda priorities benefiting over 30 locations around the country. This is in addition to the investment of approximately €100 million in development of 3 major new Divisional and Regional Headquarters recently completed and entered into operational use at Galway, Wexford and Kevin Street, Dublin.

This significant current and capital investment in An Garda Síochána is in support of the Government’s commitment to ensuring a strong and visible police presence throughout the country, to maintain and strengthen community engagement, provide reassurance to citizens and deter crime.

It is a matter for the Commissioner to efficiently manage these resources provided for An Garda Síochána and to determine the allocation of budgets to all Divisions, including Cavan/Monaghan Division, based upon operational requirements. In that regard, I am informed by the Garda authorities that Garda management keeps the distribution of resources under continual review so as to ensure their optimum use.

As concerns Cavan/Monaghan Division, I am informed by the Garda authorities that in the context of the Garda Building and Refurbishment Programme 2016-2021, a new Garda station will be constructed in Bailieborough, County Cavan. I understand that the planning application was lodged in August 2018 and the OPW is currently examining the submissions received in this regard. It is not possible to give a definitive date for completion of the construction of the new station. I am informed that in advance of that new development, essential works at the existing station in Bailieborough were completed in 2016, involving enhancements to the public office and safety improvements throughout the building.

In addition, the Deputy will be aware that the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. Bawnboy, County Cavan, is included in that pilot and the OPW and An Garda Síochána are continuing to engage in relation to the works required in that regard.

Finally I am advised by the Garda authorities that the strength of the Garda fleet in the Cavan/Monaghan Division as at 11 October 2018 is 56 vehicles. I understand that provision has been made to purchase an additional 25 vehicles for the Northern Region in 2018, of which 6 have been allocated to the Cavan/Monaghan Division as at 11 October 2018. The allocation of these vehicles within the Division will be determined by Assistant Commissioner for the Northern Region in accordance with operational policing priorities following delivery.

Direct Provision System

Questions (63)

Bríd Smith

Question:

63. Deputy Bríd Smith asked the Minister for Justice and Equality if an investigation into the death in direct provision of a person (details supplied) will be commissioned; the circumstances in which the person was accommodated; if the reason the person was placed in a male provision centre will be determined; and if he will make a statement on the matter. [42444/18]

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Written answers

I would first of alike to express my sympathies and condolences to the friends and colleagues of the deceased.

All deaths and serious incidents that occur within accommodation centres provided by the Department are referred to the Gardaí Siochana as a matter of course. As is the case with all Gardaí matters, the Reception and Integration Agency is not privy to information pertaining to individual investigations carried out under their remit.

I am informed that while no foul play is suspected in this case, an inquest has not yet taken place and that investigations are ongoing. Given the nationality of the deceased, this necessarily involves international enquiries and will take some time to complete.

All persons seeking international protection are offered material reception conditions (accommodation) under the European Communities (Reception Conditions) Regulations 2018. In offering that accommodation a number of factors are considered including whether a person requires any special reception needs.

Where a person has disclosed their self-determined identity to the Reception and Integration Agency, they are, in so far as is possible and practicable, assigned accommodation based on their needs. At any time during a recipient’s stay in an accommodation centre, the option to request a transfer to a more suitable centre is also available to them.

After their arrival in Ireland, the person in question was assigned accomodation in Limerick. Shortly thereafter, they were offered and accepted a transfer to a male only accommodation centre in Galway. During their stay in Galway they participated regularly in activities within the centre and were also actively involved in the local support groups.

In offering accommodation, the policy objective of RIA is to promote equality, prevent discrimination and protect the human rights of all. Staff within accommodation centres receive regular training to equip them with the skills to support all residents.

Brexit Supports

Questions (64)

Jim O'Callaghan

Question:

64. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the additional resources his Department is providing for An Garda Síochána to prepare for a hard Brexit; and if he will make a statement on the matter. [42337/18]

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Written answers

As the Deputy will be aware, the Tánaiste and Minister for Foreign Affairs and Trade is coordinating the whole-of-Government response to Brexit. In this capacity, he is working closely with all Ministers, including myself, to address in a joined up manner the many challenges Brexit will present. However, I do want to emphasise that it is this Government’s firm intention that the same border arrangements as currently apply on the island of Ireland will continue into the future. In its approach to the Brexit negotiations, the Government has ensured that protecting the gains of the Peace Process and the avoidance of a hard border is a high priority for Ireland, our partner Member States and the EU Commission.

An Garda Síochána operates within this policy framework and the Garda Commissioner is responsible for the distribution of resources, including personnel, and Garda management keep this under active review in line with operational and security demands, including any possible policing requirements post Brexit. A high level management team in An Garda Síochána has been established to prepare for any organisational challenges that may evolve in the context of Brexit and they are engaged on an on-going basis with my Department. I and senior officials from my Department met with the Garda Commissioner and his team to discuss Brexit contingency planning and I am assured that An Garda Síochána is preparing for Brexit with a wide-ranging focus to determine operational requirements, including personnel, infrastructure, training and technology and will continue to progress their contingency preparations. They are committed to ensuring the organisation is prepared for the associated policing implications and challenges arising therefrom.

I want to assure the Deputy that An Garda Síochána has the full support of the Government in dealing with the implications of Brexit and will provide whatever resources are required to keep our people and our communities safe. This is clearly demonstrated by last week’s budget in which the Garda budget increased by €110 million from €1.65 billion to €1.76 billion in 2019. This will provide the Commissioner with the resources needed for the recruitment of up to 800 new Gardaí and for further civilianisation to fill critical skills gaps and enable the further redeployment of Gardaí to front line duties. Up to €95 million is available for the overtime budget of An Garda Síochána next year. 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, a further €10 million investment in the Transport Fleet and €17 million in the Building Programme.

Undoubtedly, the provision of these resources will support all Garda activities, enhance visibility within our communities and will enable the Commissioner to deploy additional resources to meet the challenges of Brexit, should he deem it necessary.

Sentencing Policy

Questions (65, 128)

Alan Farrell

Question:

65. Deputy Alan Farrell asked the Minister for Justice and Equality his plans for sentencing guidelines; and if he will make a statement on the matter. [42515/18]

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Bernard Durkan

Question:

128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans for sentencing guidelines; and if he will make a statement on the matter. [42728/18]

View answer

Written answers

I propose to take Questions Nos. 65 and 128 together.

In its current form the Judicial Council Bill, which was published in June 2017 and which is awaiting Committee Stage in Seanad Éireann, provides for the establishment of a Sentencing Information Committee which would have responsibility for the collation of sentencing information and the dissemination of that information. The objective of that provision was to improve the availability of information on sentencing and precedents and thereby to support a more structured approach in relation to sentencing.

Advice was sought earlier this year from the Office of the Attorney General as to the scope which might exist for strengthening these provisions. The advice received was to the effect that non-binding sentencing guidelines are constitutionally permissible. However, there would be constitutional difficulties if guidelines of a binding or statutory nature were to be imposed on the courts in criminal matters.

Following on from that advice, a set of amendments aimed at transforming the Sentencing Information Committee into a Sentencing Guidelines and Information Committee has been developed within my Department. Those amendments are very close to being finalised and I hope that I will be in a position to table them in the very near future.

Northern Ireland

Questions (66)

Bríd Smith

Question:

66. Deputy Bríd Smith asked the Minister for Justice and Equality if a meeting between a group (details supplied) and the new Garda Commissioner will be facilitated to discuss disclosure of all relevant information on the deaths of their loved ones. [42447/18]

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Written answers

The Deputy will be aware that dealing with the legacy of the troubles in Northern Ireland is a difficult and complex task. The Government remains fully committed to the agreed framework of measures set out in the Stormont House Agreement of 2014, notwithstanding the delays in progressing its implementation given the continuing hiatus in the Northern Ireland Executive.

The Department of Foreign Affairs and Trade has led and maintains an on-going process of contact, interaction and consultation with groups representing and advocating for the victims of troubles-related violence and their relatives, both in regard to the process for implementation of the Stormont House Agreement framework and more broadly.

The Deputy will appreciate that it is a matter for the Garda Commissioner to decide on which meetings he is in a position to facilitate. It is not for me as Minister to direct him in that regard. In this context the request for a meeting by the group to which the Deputy refers should be directed to the Garda Commissioner.

Garda Misconduct Allegations

Questions (67)

Clare Daly

Question:

67. Deputy Clare Daly asked the Minister for Justice and Equality the status of the progress of the statutory inquiries established as a result of recommendations of the independent review mechanism. [42360/18]

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Written answers

The Deputy is referring to five Statutory Inquiries, which were established under Section 42 of the Garda Síochána Act 2005, on 15 May 2017. These inquiries arose out of the recommendations of Counsel of the Independent Review Mechanism, in respect of complaints considered by it.

As the Deputy will be aware, two of these Inquiries have concluded and reports have been furnished to me.

I can confirm that a copy of Judge Mary Collins' report into the maintenance of Garda records relating to the investigation of the death of James Clancy and the Honourable Mr. Justice Daniel Herbert’s report of the Garda investigation of the death of John Kelly have been provided to the families of Mr. Clancy and Mr. Kelly respectively. I expect to be in a position to publish them on the website of my Department before the end of this month.

Three remaining Inquiries are currently on-going. I have granted appropriate extensions of time for each inquiry. Upon receipt of each of these reports, I will review the contents and consider whether any further action is warranted.

Garda Reform

Questions (68)

Aindrias Moynihan

Question:

68. Deputy Aindrias Moynihan asked the Minister for Justice and Equality his plans to make An Garda Síochána a more culturally diverse organisation; and if he will make a statement on the matter. [42192/18]

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Written answers

As the Deputy will be aware, recruitment to An Garda Síochána is a matter for the Garda Commissioner and is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013, and I, as Minister, have no direct involvement in the matter.

I am informed by the Garda Commissioner that the Equality, Diversity and Inclusion Office in An Garda Siochána is in the process of developing a strategy to further embed and enhance the principles of equality, diversity and inclusion in An Garda Síochána. Drafting of the Strategy is at an advanced stage and it aims to recognise, acknowledge and respect diversity in Irish society, to attract, retain and develop a diverse workforce, and to provide opportunities for people to self-develop and promote their mental, physical, social health and sense of belonging.

I am further assured by the Garda Commissioner that he recognises the importance of recruiting into An Garda Síochána from a wide cross section of the population so that the organisation provides a policing service that reflects the growing diversity of Irish society. To support this a concerted effort is being made to encourage women and minority communities to consider a career in An Garda Síochána. Recent recruitment campaigns have made a significant effort through on-line videos and other media to attract candidates from minority communities and diverse social groups. In the most recent recruitment campaign a series of videos and text were produced in multiple languages including English, Irish, French, Spanish, Italian and Arabic. They were published on the Garda Facebook page which has more than 180,000 followers.

In relation to the proportion of women members in An Garda Síochána I am informed that the latest figures available indicate that women account for approximately 3,677 Garda members or 27% of the total strength. This compares favourably with the number on 31 December 2008 which was approximately 3,100 or 22% of the total strength. This is broadly in line with other police services in England and Wales.

As the Deputy will be aware the Commission on the Future of Policing in Ireland published its report on 18 September. One of the Report’s key recommendations is that An Garda Síochána should reflect the diversity of Irish society, not only in gender and ethnicity, but also in terms of socio-economic, educational and geographical backgrounds. It also recommends that An Garda Síochána needs to develop recruitment strategies which reach a more diverse intake. The Government noted this Report on publication and my Department are currently consulting widely on the issues raised including with the Garda Commissioner in advance of me returning to Government in December with my views on the recommendations and a high level implementation plan.

Constitutional Amendments

Questions (69)

Mary Lou McDonald

Question:

69. Deputy Mary Lou McDonald asked the Minister for Justice and Equality his plans in respect of holding constitutional referenda over the next 12 months. [42204/18]

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Written answers

The Thirty-seventh Amendment of the Constitution (Repeal of offence of publication or utterance of blasphemous matter) Bill 2018 was passed by both Houses of the Oireachtas on 20 September 2018. On 21 September 2018 the Minister for Housing, Planning and Local Government made a Referendum (Polling Day) Order appointing 26 October 2018 as the day upon which the referendum on the proposal contained in the Bill should take place.

It was the Government's intention that a referendum would also be held on that date to delete Article 41.2 of the Constitution which deals with a woman's life within the home. However, the decision of the Joint Oireachtas Committee on Justice and Equality to undertake, on 19 and 26 September, pre-legislative consideration of the General Scheme of the Bill to amend the Constitution meant that this could not happen. When the Committee's report on this matter becomes available, I will consider what further steps might be taken.

Under the timetable approved by Government on 26 September 2017, it is proposed to hold a referendum on divorce in June 2019. In that regard, the Government has decided to support the Thirty-fifth Amendment of the Constitution (Divorce) Bill 2016, a Private Member's Bill introduced by Deputy (now Minister) Josepha Madigan. The Bill completed Committee Stage in the Dáil on 12 July 2017. I am currently considering the issues raised by Deputies at the Committee Stage debate on the Bill and I will bring proposals to Government in that regard in due course.

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