Written Answers Nos. 26-50
26. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the roll out of the new specially trained Garda units to handle cases involving vulnerable witnesses, such as, child abuse and sexual crimes; and if he will make a statement on the matter. [49600/18]
View answerThe establishment by the Garda Commissioner of Divisional Protective Services Units are one of the actions outlined in the Second National Strategy on Domestic, Sexual and Gender-based Violence. The strategy, which is a commitment under the Programme for Partnership Government, is a whole of Government approach, involving seven Government Departments and a number of State bodies, including Tusla and An Garda Síochána.
As the Deputy is aware, another key element of this strategy was the enactment of the Domestic Violence Act in May of this year which improves the protections available to victims of domestic violence, most critically for those victims in crisis situations and is also intended to make the court process easier for victims of domestic violence.
Under the existing Garda reform programme, divisional units of Garda National Protective Services Bureau are being rolled out in two phases. The Bureau is tasked with improving services to victims, improving the investigation of sexual and domestic violence incidents, and identifying and managing risk.
Phase One of this rollout is completed, with Divisional Units established in three areas - DMR West, Cork City, and Louth Division.
I welcome Commissioner Harris’ comments last week, at the launch of the Dublin Rape Crisis Centre’s 2017 Annual Report, regarding his commitment to the continued roll out of the Divisional Protective Services Units.
Following an evaluation of the pilot, the next phase will see an additional six Divisional Bureaus established in DMR South Central; Waterford; Kerry; Kilkenny/Carlow; Limerick and Galway Garda Divisions before the end of Q4, 2018 with the objective of extending them to all remaining Garda Divisions before the end of 2019. I understand that this objective is on track.
I am informed by the Commissioner that this initiative is being managed collaboratively between the Garda National Protective Services Bureau and each Divisional Officer.
27. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will consider introducing legislation to ensure that women alleging sexual offences are treated fairly and in accordance with the law and are not the victims of colourful courtroom vernacular demonstrations; and if he will make a statement on the matter. [49813/18]
View answerAs the Deputy may be aware, a review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences is currently underway. The review will examine the entire legal process around sexual offences, from the initial reporting of an offence through to the end of any court proceedings and is concerned with the treatment of complainants and vulnerable witnesses throughout this process.
Terms of Reference for the review have been published. The review will examine the adequacy of the mechanisms available in law and practice to protect vulnerable witnesses in the investigation and prosecution of sexual offences, including access to specialist training for An Garda Síochána, members of the judiciary and legal professionals dealing with sexual offences; practical supports for vulnerable witnesses; provision of additional legal supports to witnesses during the court processes; measures in place to protect vulnerable witnesses during evidence; and restrictions on public attendance at, and media reporting on, trials of sexual offences.
Mr. Tom O’ Malley BL., Senior Lecturer in Law at NUI Galway and member of the Law Reform Commission, has been appointed to chair the working group carrying out the review. He is joined by representatives of the Garda Síochána, the Director of Public Prosecutions, the Probation Service, the Courts Service and my own Department.
The working group will have regard to research published in this area, submissions from victims organisations and individuals and will carry out consultations with relevant stakeholders.
It is expected that the review group will provide a final report to me by the end of this year, or at the earliest date thereafter. While the outcome of the review cannot be pre-empted, I look forward to its recommendations which will be given careful consideration.
28. Deputy Clare Daly asked the Minister for Justice and Equality the action he has taken to deal with the rising numbers in prisons in 2018 regularly reaching over 4000 and reversing a trend of falling numbers over previous years. [49713/18]
View answerI am advised by my officials in the Irish Prison Service that the total number of prisoners in custody on 26 November 2018 was 3,944 compared with a bed capacity of 4,269. This represents an occupancy level of 92%. I can also advise the Deputy that according to the most recent snapshot of the prison population taken on 31 October 2018, there has been a total of 6,612 committals since 1 January 2018.
It has to be acknowledged that the Irish Prison Service does not have the option of refusing committals and must accept all prisoners committed by the Courts. The prison system is, of course, subject to peaks and troughs. Numbers are particularly high when the Courts are at their busiest, giving rise to a high number of committals. As a result, almost all of the closed institutions are operating at or near full capacity. The Irish Prison Service regularly approves transfers out of affected prisons to other locations in order to prevent unacceptable occupancy levels.
Alternatives to custody continue to be pursued and legislation has already been passed. This includes the Criminal Justice (Community Service) (Amendment) Act 2011 which requires a sentencing judge to consider the imposition of community service where a custodial sentence of 12 months or less is being considered. The Fines (Payment and Recovery) Act 2014 provides that the Court imposing a fine shall take into account a person's financial circumstances. It further provides, inter alia, that where a person fails to pay a fine by the due date, the Court may make an attachment order to earnings as a means of recovering the unpaid fine. As a result of this legislation, we are seeing a reduction in the number of committals to prisons on short sentences. Further, since its inception in 2011, 2,250 prisoners have been released early from prison to take part in the Community Return Scheme and 2,325 prisoners have been released to take part in the Community Support Scheme.
I regret the reversal of the trend towards lower prisoner numbers, however, the Deputy will appreciate that I must be respectful of the independence of the judiciary and their total discretion in deciding whether or not to imprison persons appearing before the Courts.
29. Deputy Donnchadh Ó Laoghaire 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. [49717/18]
View answerAs the Deputy may be aware, Sheriffs (or County Registrars acting as Sheriffs) are responsible to the Court for the enforcement of Court Orders. 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 recent protests about the removal of individuals from a property I am advised by the Garda authorities that the removal was conducted on behalf of a property’s owner who had obtained an injunction order from the High Court directing people who had been occupying a 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.
A Working Group comprising of officials from my Department, An Garda Síochána, the Courts Service, the Department of Housing, Planning and Local Government, the Private Security Authority , the Office of the Revenue Commissioners and the County Registrars Association has been convened to examine the administrative, legislative, resources, security and any other matters in relation to in relation to conferring additional functions on the Private Security Authority for the regulation and licensing of security personnel assisting those enforcing court orders. The Working Group is due to report to me by January 2019.
30. Deputy Thomas Byrne asked the Minister for Justice and Equality if he is satisfied that County Meath has adequate levels of resources for frontline policing by An Garda Síochána. [49587/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The resourcing of each Garda division and Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed in the context of crime trends and policing priorities. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The Deputy will be aware An Garda Síochána is currently undertaking a programme of accelerated recruitment, as part of the Government’s commitment to a strengthened service through the Five Year High Level Reform and Workforce Plan to achieve an overall workforce of 21,000 personnel by 2021, including 15,000 Garda members. To support the Commissioner in this recruitment, I have also 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.
The Garda strength by Station and Rank for the Meath Division, in each of the years 2009 to 31 October 2018 is available on my Department’s website through the link:
Garda Data
For more general information on Garda Facts and Figures please see the link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
32. Deputy Martin Heydon asked the Minister for Justice and Equality the level of Garda resources in County Kildare; his plans for further recruitment; and if he will make a statement on the matter. [49790/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The resourcing of each Garda division and Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed in the context of crime trends and policing priorities. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The Deputy will be aware An Garda Síochána is currently undertaking a programme of accelerated recruitment, as part of the Government’s commitment to a strengthened service through the Five Year High Level Reform and Workforce Plan to achieve an overall workforce of 21,000 personnel by 2021, including 15,000 Garda members. To support the Commissioner in this recruitment, I have also 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.
The Garda strength by Station and Rank for the Kildare Division, as provided by the Garda Commissioner is available on my Department’s website through the link:
Garda Data
For more general information on Garda Facts and Figures please see the link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
33. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he will address the drop in the number of community gardaí; and if he will make a statement on the matter. [49601/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
Community policing is at the heart of An Garda Síochána as it recognises that every community, either urban or rural, has its own concerns and expectations. All Gardaí have a role to play in community policing in carrying out their duties. The official categorisation of Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.
I am advised that An Garda Síochána is currently developing a New Community Policing Framework which is in draft format awaiting approval of the Garda Executive. I understand that under this new Framework which will take into account the recommendations of the Report of the Commission on the Future of Policing in Ireland, it is envisaged that Community policing may be a specialism in some urban areas. In rural areas, it may be more of a hybrid model where all Gardaí in a District have a community responsibility but also having to attend normal policing duties.
The Deputy will appreciate that the moratorium on recruitment introduced in 2009 resulted in a reduction in Garda numbers across the organisation including Community Gardaí. I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I look forward to attending the attestation of another 200 recruits tomorrow which will see Garda numbers reach 14,000 by the end of this year, for the first time since 2011. This and ongoing recruitment will clearly provide the Commissioner with the resources to increase Garda visibility in our communities and to support all Garda activity including community policing.
The information in relation to the number of Community Gardaí by Division in each of the years 2008 as to 31 October 2018, the latest date for which figures are available is available on my Department’s website through the link:
Community Garda Strength
For more general information on Garda Facts and Figures please see the link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
34. Deputy Catherine Connolly asked the Minister for Justice and Equality the number, location, capacity and occupancy of all temporary direct provision centres; the details of the contracts in place; if he is satisfied that adequate facilities are provided; and if he will make a statement on the matter. [49814/18]
View answerFollowing sustained demand for accommodation services from persons entering the state and seeking international protection and in order to meet the State's obligations under Directive 2013/33/EU which was transposed into Irish Law as the European Communities (Reception Conditions) Regulations 2018, the Reception and Integration Agency (RIA) of my Department was forced to procure a number of emergency beds as needed in a number of locations.
This situation was necessary as there were insufficient vacancies within the current contracted portfolio and the State is obliged under the Regulations to provide accommodation services to persons in the protection process that request them.
It should be noted that what is being provided under this arrangement is the provision of a bed and meals. There is no formal contract in place with any of the providers other than the provision of emergency accommodation and RIA have been actively sourcing appropriate accommodation to expand their portfolio to meet the demand.
As the Deputy is aware, properties in Moville, Co. Donegal, Rooskey, Co. Leitrim and in Wicklow Town have been identified and the Department is working to get these accommodation centres open. This will allow the Department to avoid utilising these emergency beds.
As of the 18th November the following properties were being used on an emergency basis:
Dun an Ri Hotel, Kingscourt, Co. Cavan - 35 persons
Lisanisk House Hotel, Carrickmacross, Co. Monaghan - 27 persons
Treacy's Hotel, Carrickmacross, Co. Monaghan - 103 persons
Westenra Arms Hotel, Roosky, Co. Monaghan - 8 persons
The Grand Hotel, Wicklow town - 23 persons
As I have outlined above, these beds are being drawn down on an as required basis so there is no contracted capacity. RIA is liaising with state providers such as the Department of Employment and Social Protection and the Health Service Executive to ensure that required facilities and services are in place. I would accept that the use of these emergency beds is not ideal. The Department is focusing on the opening of the three new accommodation centres so that persons in the protection process can be allocated accommodation on contracted accommodation centres.
35. Deputy Louise O'Reilly asked the Minister for Justice and Equality the quantity and value of illegal steroids and illegal performance enhancing drugs that have been seized in each of the years 2014 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [49785/18]
View answerInformation relating to the quantity and value of drugs seized by An Garda Síochána is set out in their Annual Reports. The Annual Reports for the years 2007 to 2017 are available on the Garda website (www.garda.ie). The information provided in the Annual Reports is prepared on the basis of records maintained by Forensic Science Ireland based on the quantity of drugs analysed annually at its laboratory.
With regard to the specific details sought by the Deputy in relation to seizures in 2018, I have requested a report from the Garda authorities in relation to this matter and I will further advise in this regard when the report is to hand.
As indicated in my reply to a similar question in July this year, the Health Products Regulatory Authority (HPRA) is the Competent Authority for the implementation of EU and national legislation relating to medicines in Ireland. The role of the Authority, which comes under the remit of my colleague, the Minister for Health, includes monitoring and inspecting products on the market to ensure their safety, efficacy and legality. One of HPRA’s roles is to investigate potential breaches of legislation and where necessary to take corrective action including legal proceedings. The focus of the HPRA, when investigating breaches of the legislation relating to medicines, is on the supplier.
I am informed that prosecutions have been initiated by the HPRA in relation to the unauthorised supply of anabolic steroid containing medicines. These prosecutions have included the offences of manufacturing, advertising and supply without prescription to individuals and for wholesale supply. If any person is offering, facilitating the supply of, or supplying anabolic steroid containing medicines in breach of the legislation, they risk investigation by the HPRA and may face enforcement actions up to and including prosecution.
The Department of Health has advised that in 2017, the HPRA detained 449,411 anabolic steroid dosage units (tablets, capsules, vials, etc.), compared to 109,006 units detained in 2016. This reflects the impact of intelligence-led enforcement activity by the HPRA, acting in conjunction and in cooperation with Revenue’s Customs Service and An Garda Síochána in such enforcement actions.
The Deputy may also wish to be aware of the recently launched public information campaign by the HPRA called ‘Zero Gains’, which is targeted at young men to raise awareness of the potentially serious side effects and health risks of using unprescribed anabolic steroids.
36. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he has been discussing a consolidation of road traffic legislation with the Minister for Transport, Tourism and Sport; and if he will make a statement on the matter. [49660/18]
View answer46. Deputy Robert Troy asked the Minister for Justice and Equality if his Department has had discussions with or input to the Department of Transport, Tourism and Sport with regards to the consolidation of the road traffic legislation. [49636/18]
View answerI propose to take Questions Nos. 36 and 46 together.
The Deputies will be aware that road traffic legislation is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, Mr Shane Ross, T.D.
I can inform the Deputies that I wrote to my colleague, the Minister for Transport, Tourism and Sport, Mr Shane Ross, T.D., on 15 January this year to request a progress update on the Minister's plans for the consolidation of road traffic legislation.
Minister Ross responded to my correspondence on 27 March this year, emphasising that the consolidation of road traffic legislation remains extremely challenging while the need for new legislation to address particular road safety matters continues to exist.
The Deputies will appreciate that the nature of road traffic legislation is such that it is amended and added to on an ongoing basis, with new legislation coming into effect on an almost annual basis. As such, the consolidation of this extensive body of legislation would constitute a significant project and require considerable resources over a substantial time period; it would also require continual review, as new provisions will continue to be brought forward in view of the nature of this subject matter. In view of the foregoing, I understand that the Department of Transport, Tourism and Sport is pursuing consolidation on a thematic basis, as recommended by the Law Reform Commission.
I will continue to support legislation that makes a valuable contribution to road traffic enforcement and road safety.
37. Deputy Anne Rabbitte asked the Minister for Justice and Equality his views on the welfare and well-being of children in direct provision centres following revelations that children there have been denied food while sick; and if this issue has been drawn to his attention. [45935/18]
View answerI am aware of the recent report of a sick child in an accommodation centre who was unable to access food on request.
This is a highly regrettable event, and I acknowledge that in this instance, the best interests of the child were not held paramount. RIA requires that all centre staff and management have regard to the best interests of the child in service delivery and additional training will be provided to the centre in question by Department officials.
The manager of the centre concerned has met with and apologised to the family.
All centres under contract to RIA are required to uphold the principles of Children First and to adhere to RIA's Child Protection and Welfare Policy. The Policy states that "The safety and wellbeing of all residents, but particularly children, is our paramount concern. This Policy recognises that all children have the right to be protected from harm, treated with respect, listened to and have their views taken into consideration...This Policy recognises that RIA and centres under contract have a duty of care to all residents". This is the standard that all centre staff and management must meet when providing services to children and their families.
The remit of the Ombudsman for Children has been extended to enable him to investigate complaints relating to the treatment of children in direct provision centres.
38. Deputy Mick Wallace asked the Minister for Justice and Equality his views on reports that prison officers have been put under surveillance; the details of the investigation he has ordered into same; and if he will make a statement on the matter. [49793/18]
View answerThe details of the allegations which were published last week in the Irish Examiner are contained in an affidavit to Court by a prison officer in relation to a personnel issue. The House will understand that I am constrained in what I can say about these proceedings before the courts. That said, these allegations raise serious issues which need to be addressed.
I have asked the Inspector of Prisons to carry out an urgent preliminary investigation into the allegations to determine as far as possible the facts. This investigation will be a statutory investigation under section 31 of the Prisons Act 2007. This report, when finalised, will allow me to consider whether further steps need to be taken, such as a more formal inquiry.
It should be noted that section 31 (7) of the 2007 Act provides that Governors, other prison officers and other persons employed in prisons shall, as far as reasonably practicable, comply with any request for information that the Inspector may make in the performance of her functions, which include the function of carrying out an investigation under subsection (2). In addition, the acting Director General of the Prison Service has made clear that the Prison Service will co-operate fully with an investigation by the Inspector of Prisons. The Inspector of Prisons will therefore have full access to relevant documentation and personnel in Prison Service Headquarters or elsewhere in the Prison Service in her investigation.
An Garda Síochána are also examining the allegations and I understand they will coordinate, if needed, with the Inspector in relation to her investigation.
39. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources continue to be made available to An Garda Síochána at organisational level and technical level to enhance its ability to tackle organised crime; and if he will make a statement on the matter. [49812/18]
View answerIn the first instance, I want to clarify that it is the Garda Commissioner who is responsible for the allocation of the very substantial resources that An Garda Síochána receives. The allocation of Garda resources are a matter for the Commissioner, in light of his identified operational demands. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities.
A core focus of the work carried out by An Garda Síochána is aimed at tackling drugs and organised crime. An Garda Síochána continues to develop and implement operations and strategies to target, dismantle and disrupt organised criminal networks, utilising advanced analytical and intelligence methodologies. It is important to note that Gardaí, supported by the significant resources allocated to it by this Government, have made important progress in tackling the insidious threat of organised crime. The resources available to the Commissioner have reached unprecedented levels, I am pleased that Budget 2019 provides for the continuation of this increase in resources with an increase of €110 million in the Garda Vote to bring total provision available in 2019 to €1.76 billion which includes up to €95 million for the payment of overtime.
The Criminal Assets Bureau was established as a national multi-disciplinary agency specialising in the targeting of proceeds of crime. The Bureau draws together the necessary expertise from a number of Departments and agencies. The Bureau has for some considerable time maintained a presence in each of the Garda Divisions through the operation of the Divisional Assets Profiler Programme. Under this Programme asset profilers are providing a criminal asset profiling service across the Garda Divisions in relation to persons or suspects operating within the area, with particular reference to those involved in serious and organised crime. The Bureau utilises the local knowledge supplied to it by the asset profilers which allows the Bureau to target the proceeds of crime in local communities. I can inform the Deputy that a number of legislative measures have been introduced to tackle gang-related and associated crime including the Proceeds of Crime (Amendment) Act 2016 which provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of.
Since the reopening of the Garda College in September 2014, almost 2,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I look forward to attending the attestation of another 200 recruits tomorrow which will see Garda numbers reach 14,000 by the end of this year. This and on-going recruitment will clearly provide significant additional policing hours throughout the country, both in terms of the increase in new Gardaí and the redeployment of Gardaí to frontline policing duties due to civilianisation of their current roles. These new resources coming on stream has allowed the Commissioner to allocate additional resources to the specialist bureaus that comprise Garda Special Crime Operations including the Garda National Drugs and Organised Crime Bureau.
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 organised crime. This substantial investment will provide new and leading edge technology to support our front line Gardaí in their daily work in tackling the scourge of organised crime in our communities.
I can assure the Deputy that I remain in close contact with the Commissioner to ensure that the necessary resources are available to An Garda Síochána to robustly confront and tackle those involved in organised criminal activity.
40. Deputy Mick Wallace asked the Minister for Justice and Equality the number of asylum seekers that have been granted the right to work since June 2018; his views on the fact that the limitations imposed are stopping asylum seekers from obtaining work; and if he will make a statement on the matter. [49792/18]
View answerThe European Communities (Reception Conditions) Regulations 2018, which I signed into effect from 30 June 2018, includes access to the labour market for qualified international protection applicants.
My Department provides confirmation in writing to any qualified applicant of their entitlement to access the labour market, for use when they apply for a job or become self employed. It is a free, easy to use, accessible service with a very short turn around from receipt of application to the sending out of the workplace permission. It is a very broad access to the workplace.
I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that since the introduction of the Regulations, 2,521 international protection applicants have applied for a permission to access the labour market of which 1,743 were granted a permission and 739 were ineligible mainly due to the fact that they had already received a first instance decision and were found not to have established their claim for international protection.
Qualified applicants are those who have not received a first instance decision within nine months, once the applicant meets that criteria there is no impediment in them getting the permission quickly and lawfully engaging in labour market activity.
A permission to access the labour market is valid for a period of six months which may be renewed if the applicant has not received a final decision on their application within this timeframe. As the Deputy will be aware, when an individual applies for international protection in Ireland they are given a temporary permission to remain in the State to allow their application to be processed. The permission is temporary pending the processing of their application during which an applicant has not established a right to remain in the State on a permanent basis. The processing of an application for international protection may result in a person being granted status, in which case they are entitled to access the labour market on the same basis as an Irish national.
It is also the case that the examination of an application for international protection can conclude that the applicant is not entitled to international protection and is not entitled to remain in the State and in that context it is appropriate that the labour market access permission is valid for a defined period of time.
The Regulations I have referred to provide access to both employment and self-employment in all sectors and categories of employment with the exception of the Civil and Public Service, An Garda Síochána and Defence Forces. The rationale for this is that it is a standard requirement of the Public Appointments Service when advertising a position in the Irish Public Service that eligibility to complete is open to citizens of the European Economic Area (EEA). Similar provisions apply in respect of Garda and Defence Force recruitment. This is the only limitation in relation to the labour market imposed by the regulations.
I am unaware of any other limitation that the Deputy may be referring to other than in order to ensure that applicants are not exposed to the risk of exploitation or discrimination within the labour market, employers are required to apply the 50-50 rule when employing eligible applicants. This rule required employers to show that at least 50% of their employees are EEA nationals. Applicants will therefore have a national comparator within the workplace to safeguard their rights. I do not see this as a limitation but as an essential workplace protection for the workers involved.
41. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the status of the Greentown programme; and when the report will be released. [45788/18]
View answerThe “Greentown Report”, about the influence of criminal networks on children in Ireland, was produced by the REPPP Project, (Research Evidence into Policy, Programmes and Practice), at the School of Law in the University of Limerick (UL), and was published in December 2016. The REPPP project is a strategic research partnership between UL and the Department of Children and Youth Affairs, and it also receives project funding from my own Department.
The Greentown Report identifies crime networks as a separate and plausible risk factor underlying criminal offending by certain children. It outlines how the influence of criminal networks increases the level of offending by a small number of children and entraps them in offending situations.
In the absence of international models of intervention that could be readily deployed, the original Greentown report recommended the design of a programme to include interventions with children and their families to help them withstand the influence of criminal networks. The REPPP project team implemented a bespoke design process to produce a model for an Irish evidence-informed intervention programme. This new “Greentown Programme” has been designed with the input of leading international expertise on crime and criminal networks, together with Irish scientific, policy and practice expertise in child protection and welfare, drugs and community development.
I understand that proposals for a Greentown Programme intervention model are expected to be finalised early in 2019. I am also advised that it is intended to commence a trial of the Greentown Programme approach, on a pilot basis, in one locality during 2019.
In addition, the Deputy may wish to note that further development of this work has seen the initial Greentown case study being repeated in two new locations and a national survey of specialist Garda Juvenile Liaison Officers (JLOs) has been carried out to gauge the prevalence of the issues identified.
I understand that the two case studies will be completed by the end of 2018 with the intention that the outcome of the case studies and the results of the national JLO survey will be published in 2019.
42. Deputy Charlie McConalogue asked the Minister for Justice and Equality the number of gardaí in County Donegal in each of the past ten years; and if he will make a statement on the matter. [49590/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The resourcing of each Garda division and Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed in the context of crime trends and policing priorities. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The Deputy will 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. To support the Commissioner in this recruitment, I have also 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.
The Garda strength by Station and Rank for the Donegal Division, in each of the years 2009 to 31 October 2018 is available on my Department’s website through the link:
Garda Data
For more general information on Garda Facts and Figures please see the link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
43. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the steps being taken in relation to equality, diversity and inclusion in An Garda Síochána; and if he will make a statement on the matter. [49810/18]
View answerAs the Deputy will be aware, the Garda Commissioner is statutorily responsible for the management of An Garda Síochána.
I am informed by the Commissioner that the development of a Garda Diversity and Inclusion Strategy 2018-2021 is at an advanced stage and is expected to be completed in the near future. The strategy will aim 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. The strategy will also have regard to the Irish Human Rights and Equality Commission Act, 2014, specifically Section 42 which states that a public body shall, in the performance of its functions, have regard to the need to, eliminate discrimination, promote equality of opportunity and treatment of its staff and the persons to whom it provides services, and protect the human rights of its members, staff and the persons to whom it provides services.
The Garda Code of Ethic commits every person working in An Garda Síochána to recognising and respecting the dignity and equal human rights of all people. It also commits to opposing and challenging any behaviour or language that demonstrates discrimination or disrespect, in particular with regard to vulnerable individuals or minority groups. To date In excess of 10,900 Garda members and staff have received training in relation to the Code.
I am 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 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.
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 is 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.
44. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the review into the conduct of rape trials announced by him in June 2018; and if he will make a statement on the matter. [49599/18]
View answerIn the first instance, I wish to state that it is vitally important that victims of sexual assault feel able to report the matter to An Garda Síochána. And it is equally important that complainants in sexual assault cases are spared any unnecessary distress in the investigation and prosecution of such cases.
As the Deputy has noted, a review of protections for vulnerable witnesses in the investigation and prosecution of sexual offences is currently underway. The review will examine the entire legal process around sexual offences, from the initial reporting of an offence through to the end of any court proceedings. The review is particularly concerned with the treatment of complainants and vulnerable witnesses throughout this process.
Terms of Reference for the review have been published. The review will examine the adequacy of the mechanisms available in law and practice to protect vulnerable witnesses in the investigation and prosecution of sexual offences, including access to specialist training for An Garda Síochána, members of the judiciary and legal professionals dealing with sexual offences; practical supports for vulnerable witnesses; provision of additional legal supports to witnesses during the court processes; measures in place to protect vulnerable witnesses during evidence; and restrictions on public attendance at, and media reporting on, trials of sexual offences.
Mr. Tom O’ Malley BL., Senior Lecturer in Law at NUI Galway and member of the Law Reform Commission, has been appointed to chair the working group carrying out the review. He is joined by representatives of the Garda Síochána, the Director of Public Prosecutions, the Probation Service, the Courts Service and my own Department.
The working group will have regard to research published in this area, submissions from victims organisations and individuals and will carry out consultations with relevant stakeholders.
In this context, I would like to point out that the impetus for this review arose from a round of consultations with NGOs that I undertook in April. I met with NGOs including the Rape Crisis Network Ireland, the Dublin Rape Crisis Centre, One in Four and the National Women’s Council of Ireland in April. Their submissions - and in particular a recently published report by the Rape Crisis Network of Ireland entitled “Hearing Every Voice – Towards a New Strategy on Vulnerable Witnesses in Legal Proceedings” – influenced the terms of reference of the Working Group which has been asked to pay close attention to their recommendations. I’d like to thank the NGOs for their very valuable input into this process.
It is expected that the review group will provide a final report to me in early 2019. While the outcome of the review cannot be pre-empted, I very much look forward to its recommendations, which will be very carefully considered.
45. Deputy Brendan Smith asked the Minister for Justice and Equality his views on the need to provide additional staffing resources to the Border region; and if he will make a statement on the matter. [49658/18]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
The resourcing of each Garda division and Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed in the context of crime trends and policing priorities. Such monitoring ensures that optimum use is made of Garda Resources and the best possible Garda service is provided to the general public.
The Deputy will 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. To support the Commissioner in this recruitment, I have also 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.
The Deputy will also be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Garda Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the value of this co-operation between the two police services in combating crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.
The Garda strength by Station and Rank for the Cavan/Monaghan Division, as provided by the Garda Commissioner is available on my Department’s website through the link:
Garda Data
For more general information on Garda Facts and Figures please see the link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
47. Deputy Thomas P. Broughan asked the Minister for Justice and Equality his views on the Garda submission to the Law Reform Commission on white-collar crime; the measures he is taking to address the areas highlighted by An Garda Síochána; and if he will make a statement on the matter. [49661/18]
View answerAs I understand it, An Garda Síochána made a submission directly to the Law Reform Commission during their public consultation phase. I have not received the submission in question, and so don't propose to comment on its detail.
For the information of the Deputy, Mr James Hamilton, former DPP and Anti-Corruption expert, is chairing a Review of Ireland’s Anti-Fraud and Anti-Corruption structures. This review is an Action Point, assigned to the Department of Justice & Equality, contained in the Government’s plan to tackle White Collar Crime, which was launched last November. Attendees include all State bodies involved in the detection, prevention, investigation and prosecution of White Collar Crime.
The Law Reform Commission report on Regulatory Powers and Corporate Offences will be considered in detail by Mr Hamilton and his review group who had preliminary discussions about the report on 1 November. The Group is working to a tight timeline and is due to report in June 2019.
In addition, as the Deputy will be aware, a number of important initiatives have recently commenced and extensive legislation was passed into law on 5 June 2018 and commenced in full on 30 July. The Criminal Justice (Corruption Offences) Act introduces a number of additional offences to give better effect to the UN Convention against Corruption (UNCAC), the Council of Europe Criminal Law Convention on Corruption and the OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transactions, as well as providing for some of the recommendations of the Mahon Tribunal.
The Act creates several new offences to strengthen the law on corruption in Ireland. New offences include:
- Offering or agreeing to accept a gift, consideration or advantage to induce another person to exert an improper influence over an act of a foreign or public official
- Making use of confidential information obtained in the course of duties by an official in order to gain an advantage.
- Giving a gift, consideration or advantage where a person knows or reasonably ought to know that the gift will be used to facilitate a corruption offence.
- A new strict liability offence for corporate bodies whose management, employees or subsidiaries commit a corruption offence with the intention of securing an advantage for the company. It shall be a defence for the body corporate to prove they took reasonable steps to prevent this. The penalty for conviction on indictment is an unlimited fine.
The Act extends the categories of persons, to whom the presumptions relating to corrupt donations will apply, to include family members and close business associates, as recommended by the Mahon Tribunal. It also creates a presumption of corrupt enrichment whereby a public official who has not declared an interest in land or other property, when obliged to do so, can be presumed to have obtained it as an inducement or reward for doing an act in relation to his or her office.
Penalties under the Act aim to be sufficiently strong to reflect the serious social and economic harm corruption can do, particularly when committed by public officials. Sentences of up to 10 years are provided for as well as unlimited fines upon conviction on indictment. The Act provides for a penalty of forfeiture of office if an Irish official is found guilty of corruption on indictment, as recommended by UNCAC. The forfeiture of office penalty will not apply where there is already a process for a position to be terminated by resolution of both Houses of the Oireachtas, or where the power of removal is derived from a Constitutional power.
More generally, the responsibility to develop and implement anti-corruption policies does not rest with any one single body or Department in Ireland. The competence to prevent, detect, investigate and prosecute corruption is spread across An Garda Síochána and a number of other agencies with a mandate to tackle corruption. These include tribunals of inquiry, commissions of investigation, inspectors, the Central Bank of Ireland, the Standards in Public Office Commission (SIPO), local authorities, the Ombudsman, Parliamentary Committees on Members' Interests, the Garda National Economic Crime Bureau, the Criminal Assets Bureau (CAB), the Office of the Director of Corporate Enforcement (ODCE), the Comptroller and Auditor General, the Public Accounts Committee and the Director of Public Prosecutions.
Equally, legislative provisions to prevent corruption are manifold and not exclusive to my Department. For example, the Ethics in Public Office Act 1995, as amended by the Standards in Public Office Act 2001, addresses the ethical conduct of public officials and the lobbying of public officials is covered by the Regulation of Lobbying Act 2015. The Standards in Public Office Commission is responsible for regulatory functions in relation to these statutes. Likewise, transparency and whistleblowing provisions are provided for via the Freedom of Information Act 2014 and the Protected Disclosures Act 2014. Additionally, policy and procedures relating to public procurement are primarily the responsibility of the Office of Government Procurement. There are many further features to effective anti-corruption policy framework, including anti money laundering provisions, tax transparency, and the enforcement of company law.
48. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to implement the recommendations in the Commission on the Future of Policing report; his views on the fact that some of the recommendations may dilute accountability; and the recommendations he will be implementing. [49794/18]
View answerAs 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 recommendations on external oversight arrangements as well as a recommendation on the Commissioner's future engagement with the Oireachtas.
This is a major report on one of the key functions of the State and it is receiving thorough consideration. My Department is undertaking a detailed consultation process with the Commissioner and the oversight bodies as well as other Departments which are potentially impacted by the report's recommendations. In addition, I look forward to hearing the response of the Joint Oireachtas Committee on Justice and Equality to the report in the coming days. Once this process is complete I will return to Government in December to discuss my substantive response to the report, as well as a high level implementation plan.
I would take this opportunity to refer to the public commentary to date on the Commission's proposals to ensure effective accountability, some of which appears to be based on a misunderstanding of the report, and in particular, a sense that public scrutiny of An Garda Síochána would disappear. It is clear from the report that public scrutiny, perhaps the strongest tool at the disposal of the Policing Authority would continue under any new arrangements. I note that the Chair of the Commission, Ms Kathleen O'Toole also took the opportunity to address this misunderstanding during her engagement with the Joint Justice and Equality Committee on 7 November.
On the publication of the report in September, I set out my intention to move quickly on establishing the implementation structures recommended by the Commission to drive forward the transformation programme. There has been very significant progress in this regard. The Implementation Group on Policing Reform (the IGPR) has been established as recommended by the Commission. I am pleased to say that Ms Helen Ryan, a member of the Commission, has agreed to act as chair. The IGPR is supported by an Implementation Programme Office established in the Department of the Taoiseach.
While the programme of reform that the Commission has 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 programme of transformation. 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. I share that ambition.
49. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the steps being taken to ensure that residents in direct provision centres are being advised of their right to vote in local elections in 2019; and the way in which contact with candidates will be facilitated in order that residents can engage fully with the democratic process. [49718/18]
View answerThe Department of Justice and Equality, through the Reception & Integration Agency (RIA), has always facilitated and encouraged the registration of and voting by protection applicants in local elections.
The general policy in relation to local elections has been to allow candidates to drop off election leaflets which could be placed in a common area in the centre where they could be picked up by residents. Candidates can provide, on the leaflets, contact details or times of political meetings in the local community that residents can attend.
Residents are also advised as to how they may register with the relevant local authority so that they may vote in elections as appropriate.
A reminder of this policy will issue to all centre managers and residents in the run up to future local elections.
Given the particular nature of the accommodation provided in centres, there are a number of factors that would deter unrestricted access by candidates to the private living quarters of residents. These include, the communal nature of the accommodation system and the many practical and logistical difficulties that would arise for centre managers in providing unsupervised access in circumstances where families and children live together.
This general policy ensures that there are no restrictions placed on residents’ voting rights, or on their rights to access whatever information candidates wish to convey to them, or on any rights to meet with candidates in the public areas of centres. It also ensures privacy in the residential units and the on-going protection of children in the centre.
There is also an opportunity for the newly established Friends of the Centre group at each centre to provide information to residents on how to register to vote and on the importance of local government within the political structure of the State. The Friends of the Centre groups can also raise awareness in an informal way about the importance of voting.
