Written Answers Nos. 423-446
423. Deputy Mattie McGrath asked the Minister for Justice and Equality the details of engagements, meetings or correspondence that each Minister of State in his Department has had with a person (details supplied) in the past three years; and if he will make a statement on the matter. [45462/18]
View answerIn respect of the Deputy’s question I am advised that Minister of State Stanton has had no engagements, meetings, or correspondence with the individual in question in the past three years.
I am further advised that the Department of Health and the Department of Business, Enterprise, and Innovation will answer this question in relation to Minister of State McGrath and Minister of State Breen respectively.
424. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the measures he is taking to regulate the slot machine industry here; the work being undertaken in examining the use of amusement licences on premises in which gambling occurs; and if he will make a statement on the matter. [45478/18]
View answer425. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the measures he is undertaking to address casino-type gambling here; and if he will make a statement on the matter. [45479/18]
View answerI propose to take Questions Nos. 424 and 425 together.
The Department of Justice and Equality has no current role in the oversight of the activities that take place in gaming arcades. Gaming licences (as well as individual licences for gaming and amusement machines) are issued by the Revenue Commissioners in accordance with the Gaming and Lotteries Act 1956.
As for casino type gambling, private members' clubs offering gaming facilities and services are required to register with the Department of Justice and Equality under the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. 37 such clubs are registered with the Department of Justice and Equality. These private members' clubs are designated persons under the 2010 Act and are subject to compliance monitoring by the Department of Justice and Equality's Anti-Money Laundering Compliance Unit. This involves onsite inspections by authorised officers to ensure that effective anti-money laundering and counter terrorist financing policies and procedures are in place in the club and the designated person is adhering to its obligations under the Act, including that staff have been appropriately trained in this area.
However, I am happy to update the Deputy on future plans to address the issues raised by him from the perspective of the Department of Justice and Equality.
Firstly, the Government has prepared amendments to update the 1956 Act. The Gaming and Lotteries (Amendment) Bill is currently being drafted by the Office of the Parliamentary Counsel. The amendments proposed under this Bill address certain deficiencies with regard to the conduct of activities regulated under the 1956 Act, and provide for the modernisation of that Act by way of, among other matters, updating stake and prize limits and standardising the minimum gambling/betting age at 18. I hope to receive a text for publication by the end of the year.
Secondly, the Government, on 10 January 2018, approved a number of proposals to update the 2013 General Scheme of the Gambling Control Bill. Critically, the Government approved a proposal to establish an independent regulatory authority for the gambling industry in Ireland. The 2013 proposal had been to have the regulatory function essentially contained within the Department.
To advance the review of the 2013 General Scheme, I chaired an Interdepartmental Working Group on Gambling, comprising all stakeholder Departments and the Office of the Attorney General. The Group met on 5 occasions between February and June of this year and reviewed all of the provisions of the 2013 Scheme, including those relating to casinos and the licensing of gaming machines, as well as other relevant developments since.
The Group is currently preparing its report, which I hope to bring to Government for consideration as soon as possible. It is expected that the report will include, among other matters, recommendations on the future approach to be taken to the regulation of casino type gambling and other gaming activities.
426. Deputy Lisa Chambers asked the Minister for Justice and Equality the number of detected offences as recorded by An Garda Síochána in categories (details supplied) in each of the years from 2004 to 2017, in tabular form. [45496/18]
View answerI have requested the information from the Garda authorities and I will contact the Deputy directly when the information is to hand.
427. Deputy Mary Lou McDonald asked the Minister for Justice and Equality when the development of a domestic violence risk assessment matrix by An Garda Síochána will be completed and operational across all divisions. [45556/18]
View answerI have requested the information sought from the Garda Commissioner and will respond to the Deputy when I receive a response.
428. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he will provide a list of all Garda divisions, in tabular form. [45557/18]
View answerFor the Deputy's information I have set out in tabular form a list of all Garda Divisions as supplied by the Garda Commissioner.
|
DIVISION |
|
D.M.R. EAST |
|
D.M.R. NORTH |
|
D.M.R. NORTH CENTRAL |
|
D.M.R. SOUTH |
|
D.M.R. SOUTH CENTRAL |
|
D.M.R. WEST |
|
KILDARE |
|
LAOIS / OFFALY |
|
MEATH |
|
WESTMEATH |
|
WICKLOW |
|
CAVAN / MONAGHAN |
|
DONEGAL |
|
LOUTH |
|
SLIGO / LEITRIM |
|
KILKENNY/CARLOW |
|
TIPPERARY |
|
WATERFORD |
|
WEXFORD |
|
CORK CITY |
|
CORK NORTH |
|
CORK WEST |
|
KERRY |
|
LIMERICK |
|
CLARE |
|
GALWAY |
|
MAYO |
|
ROSCOMMON / LONGFORD |
For more general information on Garda Facts and Figures please see the link below
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
435. Deputy Catherine Connolly asked the Minister for Justice and Equality when the recommendation by the Ombudsman to extend the Magdalen laundry redress scheme to women that worked as children in Magdalen laundries will be implemented; and if he will make a statement on the matter. [45587/18]
View answer449. Deputy Mary Lou McDonald asked the Minister for Justice and Equality if he remains committed to complying with the recommendations of the Ombudsman’s report, Opportunity Lost - An Investigation by the Ombudsman into the Administration of the Magdalen Restorative Justice Scheme; and if he is satisfied with the ongoing delay by the Attorney General to approve an addendum to the Magdalen laundries redress scheme to enable his Department to pay out redress entitlements to elderly survivors of the laundries that were admitted via a training centre or industrial school located in the same building attached to or located on the grounds of one of the laundries. [45866/18]
View answerI propose to take Questions Nos. 435 and 449 together.
The Government is committed to complying with all of the recommendations of the Ombudsman concerning the operation of the Magdalen Restorative Justice Ex Gratia Scheme, as contained in his report of November 2017.
The Ombudsman made four recommendations in his report. A Senior Counsel has been appointed deal with two of them: to advise on assistance to be given to applicants who lack capacity to accept an award and to review cases where there is a dispute in relation to the length of stay in a Magdalen Institution. Her work on these issues is progressing. A third recommendation to do with establishing guidance on the development and operation of future redress schemes is currently being examined by an Interdepartmental group led by the Department of Public Expenditure and Reform.
The fourth - and principal - recommendation is that the Magdalen scheme should be applied to women who worked in the laundry of one of the 12 'Magdalen' Institutions specified in the 2013 Scheme, but who were resident in one of 14 adjoining institutions. An interdepartmental group which included the Office of the Attorney General was established to determine the manner in which this recommendation should be implemented having regard to the recommendations of the Quirke Report. Following on from this exercise, in May 2018 the Government accepted the Group’s recommendation that the scheme should apply to the cohort of women covered by the Ombudsman's recommendation as follows: that a "general" payment will be made for the period of residency in the adjoining institution in addition to a "work" payment for the period of work in the laundry of the 'Magdalen" Institution.
That decision required some legal and technical work to be completed before applications could be processed. This included the preparation of an addendum to the terms of the scheme. Officials in my Department are working closely with the Office of the Attorney General and I expect the addendum to be finalised imminently. Once this has been finalised the addendum will be published and processing of applications will commence. Officials will also contact applicants to keep them informed of developments.
436. Deputy Catherine Connolly asked the Minister for Justice and Equality the status of an application by a person (details supplied) to the Magdalen restorative justice ex gratia scheme; and if he will make a statement on the matter. [45595/18]
View answerThe application in respect of which the Deputy has provided details, falls to be dealt with under a recommendation made by the Ombudsman in his November 2017 report on the administration of the Magdalen Restorative Justice Ex Gratia Scheme.
That recommendation concerns the application of the scheme to women who worked in the relevant 12 Magdalen Institutions but who resided in one of 14 adjoining institutions. I have set out in detail in two other Dáil Questions today - numbers 435 and 449 - how my Department is seeking to implement that recommendation. That answer explains that an addendum to the terms of the scheme will make it clear how the scheme will apply to those covered by the Ombudsman's recommendation. Officials in my Department are working closely with the Office of the Attorney General and the addendum will be finalised imminently. It will then be published and processing of applications, including that of the person referred to in this question, will commence.
437. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of adults and children with leave to remain at the end of October 2018 that are still living in direct provision. [45602/18]
View answerThe total number of persons living in RIA accommodation with leave to remain at the end of October 2018 was 620. A more detailed breakdown of this figure between different age groups is not readily available.
Considerable work has been done and continues to support residents with status to move out of accommodation centres and to secure permanent accommodation.
I have been in contact with my colleague the Minister for Housing, Planning and Local Government with regard to the accommodation issues faced by persons who have been granted a permission to remain in Ireland. Those discussions are on-going.
My Department also provides funding to NGOs and approved housing bodies to support persons who have been granted permission to remain with their move to permanent accommodation.
438. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when instructions were given to the Policing Authority, the Garda Inspectorate or both to oversee a review of the boundaries of Garda districts and the spread of Garda stations; when it is expected this review will be published; and if he will make a statement on the matter. [45616/18]
View answerThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. As Minister, I have no direct role in the matter.
The Programme for a Partnership Government includes a commitment to "mandate the Policing Authority to oversee a review of the boundaries of Garda districts and the dispersement of Garda stations". On foot of this commitment, the then Tánaiste issued a letter to the Policing Authority on 30 June 2016 in relation to the matter.
I understand that the Policing Authority subsequently requested the Garda Síochána Inspectorate to carry out a review of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.
I understand that it is anticipated that the review will be submitted to the Policing Authority by the end of this year.
440. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the square footage that will be captured by the CCTV cameras that have been approved in the 20 approved applications under the community CCTV grant; and if he will make a statement on the matter. [45761/18]
View answer441. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the procedures in place to allow An Garda Síochána access footage captured on CCTV operated pursuant to the community-based CCTV schemes; and if he will make a statement on the matter. [45762/18]
View answerI propose to take Questions Nos. 440 and 441 together.
CCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct but complementary categories, namely Garda CCTV systems and community-based CCTV systems. Both these categories have as their legal basis section 38 of the Garda Síochána Act 2005, as amended, which deals with CCTV for the purpose of securing public order and safety in public places.
Community CCTV is governed by section 38(3)(c) of the Garda Síochána Act 2005 and the Garda Síochána (CCTV) Order 2006. It may be noted that under the 2005 Act as amended, the power to establish the criteria for community CCTV schemes is a matter for the Policing Authority, by order made with the approval of the Government.
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 how they are funded.
As is clear from this legislative basis, the responsibility for approval of any proposed Community CCTV scheme does not rest with me as Minister. Rather, the relevant approvals are by the local Joint Policing Committee, relevant Local Authority and the Garda Commissioner. The matters raised, such as square footage of cameras proposed to be used in establishment of a new CCTV system and/or the procedures to be adopted by all parties in applying and satisfying the legislative framework, are for those authorities.
The grant aid scheme administered by my Department is intended to assist groups in funding the establishment of community based CCTV systems in their local areas, with grant-aid of up to 60% of the total capital cost of a proposed CCTV system available, up to a maximum total of €40,000. It will be appreciated that the grant-aid scheme does not and cannot alter the statutory requirements for approval of CCTV systems. 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
443. Deputy Catherine Connolly asked the Minister for Justice and Equality when the Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 will be commenced; and if he will make a statement on the matter. [45770/18]
View answerIt is proposed to commence the Criminal Justice (Suspended Sentences of Imprisonment) Act 2017 in the next Court term. Commencement of the legislation had to be delayed pending the drafting of necessary District Court Rules, which are detailed and technical in nature, and the provision of training to Courts Service staff to facilitate proper implementation of the revised suspended sentencing arrangements. The District Court Rules are currently in the process of being finalised, having regard to legal advices from the Office of the Attorney General.
As the Deputy may be aware, the legislation was brought forward following a High Court judgment in April 2016 which found certain provisions of section 99 of the Criminal Justice Act 2006 in relation to the activation of suspended sentences to be unconstitutional. The essential difficulty was the lack of an effective appeal mechanism in respect of a second, triggering conviction prior to referral to the original court for a decision on activation of a suspended sentence. It should be noted, however, that the whole of section 99, which provides for the overall suspended sentencing regime, was not struck down. This meant that the general power to suspend sentences remained. It also meant that provisions providing another mechanism for the activation of suspended sentences remained in place, as an alternative to the courts-driven process. This allows a member of the Garda Síochána, a probation officer or the governor of a prison to apply to the court for activation of a suspended sentence where a breach of the conditions of the suspension has occurred. This alternative mechanism has therefore remained available to the relevant authorities pending commencement of the amending legislation.
444. Deputy Catherine Martin asked the Minister for Justice and Equality the timeline for the roll-out of a second sexual abuse and violence in Ireland, SAVI, report; if the Cabinet has seen the recommendations of the expert scoping group; and if he will make a statement on the matter. [45793/18]
View answerThis Government is committed to preventing and addressing sexual violence in Ireland. It is extremely important to Government but, more importantly, to victims of this violence, that policy must be effective and 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; both at the time of its publication in 2002 and since then.
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, and emerging trends in relation to, sexual abuse and violence in Ireland. A further piece of technical work is now being completed so that proposals can be brought to Cabinet in the coming weeks.
Given the need to resolve the technical matters before bringing the matter to Cabinet, the Cabinet has not yet considered the recommendations of the expert Scoping Group. Until such a time as the Cabinet considers the report of the Scoping Group along with the deliberations on technical matters it is not yet possible to specify timelines for the roll out of any sexual violence survey. However, I can assure the Deputy that once the report has been considered by Government, I will make an announcement to outline the way forward in relation to this issue.
445. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of offences committed in which at least one offender was on bail for another offence in 2018, by crime type; and if he will make a statement on the matter. [45797/18]
View answerAs the Deputy is aware, the Central Statistics Office, as the national statistical agency, is responsible for the compilation and publication of crime statistics. As the Deputy will be aware, the CSO is currently publishing crime statistics under reservation.
The following table shows the number of crime incidents which are currently recorded as having at least one offender on bail for the years 2013-2017. The figures for 2018 are not available from the CSO at this time.
As the Deputy knows, a decision to grant bail in a particular case is a matter for the presiding Judge, who is, subject only to the Constitution and the law, independent in the exercise of his or her judicial functions. There is also a Constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty. The Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Recorded crime incidents with at least one suspected offender on bail 2013 to 2018 by type of offence committed.
|
Incident Type |
2013 |
2014 |
2015 |
2016 |
2017 |
|
01 Homicide Offences |
7 |
10 |
8 |
4 |
5 |
|
02 Sexual Offences |
20 |
26 |
28 |
24 |
30 |
|
03 Attempts/Threats to Murder,assaults, harassments and related offences |
504 |
669 |
745 |
746 |
912 |
|
04 Dangerous or Negligent Acts |
216 |
300 |
326 |
431 |
502 |
|
05 Kidnapping and Related Offences |
7 |
6 |
16 |
8 |
13 |
|
06 Robbery, Extortion and Hijacking Offences |
285 |
399 |
371 |
322 |
351 |
|
07 Burglary and Related Offences |
1241 |
1674 |
1532 |
1331 |
1342 |
|
08 Theft and Related Offences |
4116 |
5136 |
5636 |
6007 |
6907 |
|
09 Fraud, Deception and related Offences |
168 |
224 |
281 |
243 |
248 |
|
10 Controlled Drug Offences |
1163 |
1822 |
1883 |
1987 |
2035 |
|
11 Weapons and Explosives Offences |
337 |
438 |
463 |
436 |
463 |
|
12 Damage to Property and to the Environment |
641 |
878 |
901 |
866 |
841 |
|
13 Public Order and other Social Code Offences |
2841 |
3713 |
4558 |
4258 |
5180 |
|
15 Offences against Government, Justice Procedures and Organisation of Crime |
4777 |
6629 |
8073 |
8823 |
9519 |
These statistics are categorised as Under Reservation. This categorisation indicates that the quality of these statistics do not meet the standards required of official statistics published by CSO
see http://www.cso.ie/en/methods/crime/statisticsunderreservationfaqs/.
446. Deputy Bobby Aylward asked the Minister for Justice and Equality if the provision of funding has been investigated for the purchase of additional high-powered off-road bikes for use by An Garda Síochána in specialised situations or pursuits; and if he will make a statement on the matter. [45834/18]
View answerThe Deputy will be aware that there has been very significant investment in Garda resources across the State in recent years. The Government's Capital Plan 2016 – 2021 provides €46 million for investment in the Garda fleet, to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet, in addition to the investment of almost €30 million in the period 2013 to 2015. In total in the period 2013 - 2017, almost €44 million has been invested in the fleet with some 2,000 vehicles coming on stream to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
Decisions in relation to the provision and allocation of Garda vehicles, including motorbikes, across the various Garda divisions are a matter for the Commissioner in light of his identified operational demands and the availability of resources. As Minister, I have no direct role in that matter. I understand however that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure their optimum use.
I am informed by the Garda authorities that, as of 2 November 2018, there are 129 motorcycles in the Garda fleet. I understand that there are no off-road motorcycles currently in the Garda fleet. I am advised by the Garda authorities that it is considered that there is no operational imperative to invest in such off-road motorbikes.
