Tuesday, 15 Jan 2019

Written Answers Nos. 449-468

Legal Aid Service Expenditure

Questions (449)

Fergus O'Dowd

Question:

449. Deputy Fergus O'Dowd asked the Minister for Justice and Equality the extent of the funding provided either directly or indirectly through agencies controlled by his Department for the provision of advocacy services during 2018; the proposed expenditure figures for 2019; the number of advocacy cases dealt with in 2018 by each of the advocacy organisations so funded; and the number of staff and volunteers in each advocacy organisation in December 2018. [1197/19]

Written answers

Minister for Justice and Equality

Please see the information set out in the table in relation to Transparency International Ireland and the Free Legal Advice Centre Ltd.

Additionally, the Legal Aid Board (LAB), which is a statutory agency of my Department, has had provisions in place for the appointment of advocates to assist persons of limited capacity in child care proceedings since 2007. The LAB provided €53,931.90 for such services in 2018. This funding supported 34 advocacy cases. These advocacy services were provided by 9 sole practitioners and 4 advocacy service organisations, the staffing arrangements for which are not readily available.

Name of organisation	2018 funding	Purpose of funding	Casework details	December 2018 staffing	Proposed 2019 expenditure
Free Legal Advice Centre Ltd. (FLAC)	€138,000	€98,000 went towards the information, advice and advocacy carried out by FLAC throughout Ireland with €40,000 dedicated to develop a free legal advice and advocacy clinic for the Roma Community.	51 advocacy case files (in addition to the large volume of requests for advice and information dealt with).	577 volunteers and 17 staff members	€138,000
Transparency International Ireland	€70,000	As part of a three year funding commitment the Department contributes towards the Integrity at Work Programme to support employers to develop a workplace culture of openness and integrity where workers are supported to speak up about any kind of wrongdoing.	The expenditure for 2018 was to support the costs of the Speak Up/TLAC Helpline Co-ordinator and direct programme expenses.	A total of 8 staff members and volunteers.	€35,000
	Total: €208,000

Garda Deployment

Questions (450, 451, 452, 454, 455, 456, 460, 461)

Jackie Cahill

Question:

450. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí deployed to the Tipperary division in each of the years 2015 to 2018, inclusive; and if he will make a statement on the matter. [1218/19]

Jackie Cahill

Question:

451. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of districts in the Laois and Offaly division; and if he will make a statement on the matter. [1219/19]

Jackie Cahill

Question:

452. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of districts in the Carlow and Kilkenny division; and if he will make a statement on the matter. [1220/19]

Jackie Cahill

Question:

454. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí in the Tipperary division, by district, in each of the years 2010 to 2018, inclusive, in tabular form; and if he will make a statement on the matter. [1222/19]

Jackie Cahill

Question:

455. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí in the Laois and Offaly division, by district, in each of the years from 2010 to 2018, in tabular form; and if he will make a statement on the matter. [1223/19]

Jackie Cahill

Question:

456. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí in the Carlow and Kilkenny division, by district, in each of the years from 2010 to 2018, in tabular form; and if he will make a statement on the matter. [1224/19]

Jackie Cahill

Question:

460. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of frontline sergeants available for duty in Nenagh and Roscrea, County Tipperary as of 1 January 2019; and if he will make a statement on the matter. [1228/19]

Jackie Cahill

Question:

461. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of frontline sergeants available for duty in Cahir and Cashel, County Tipperary as of 1 January 2019; and if he will make a statement on the matter. [1229/19]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 450 to 452, inclusive, 454 to 456, inclusive, 460 and 461 together.

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of personnel and I, as Minister, have no direct role in the matter. Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

The Garda strength of each Garda Division by District, Station and Rank from 2009 to 30 November 2018, the latest date for which figures are currently available, as provided by the Garda Commissioner are available on my Department’s website through the following link:

Garda Numbers

For more general information on Garda Facts and Figures please see the following link:

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

Garda Deployment

Questions (453)

Jackie Cahill

Question:

453. Deputy Jackie Cahill asked the Minister for Justice and Equality if there is a specific model used nationally to determine the number of gardaí deployed to divisions following passing out in Templemore; and if he will make a statement on the matter. [1221/19]

Written answers

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I am informed by the Commissioner that the Cohort model of resource allocation is currently utilised for the allocation of personnel within An Garda Síochána, including newly attested probationer Gardaí from the Garda College. The allocation and transfer of Garda Personnel using the Cohort Model is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements, and operational strategies. When considering the allocation of resources to a Division, comprehensive consultation is carried out with local Garda management during which all factors are taken into consideration.

In relation to the allocation of newly attested Gardaí, it is important to keep in mind that they have a further 16 months of practical and classroom-based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

I am further informed by the Commissioner that while not all Garda Stations are training stations it is important to note that the allocation of probationer Gardaí to a Divisional training station facilitates the reassignment of Gardaí to other stations within the Division, if required, by the Divisional Officer.

Questions Nos. 454 to 456, inclusive, answered with Question No. 450.

Garda Deployment

Questions (457, 458, 459)

Jackie Cahill

Question:

457. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí who transferred out of the Tipperary division without replacement in each of the years from 2010 to 2018, inclusive; and if he will make a statement on the matter. [1225/19]

Jackie Cahill

Question:

458. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí who transferred out of the Carlow and Kilkenny division without replacement in each of the years from 2010 to 2018, inclusive; and if he will make a statement on the matter. [1226/19]

Jackie Cahill

Question:

459. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí who transferred out of the Laois and Offaly division without replacement in each of the years from 2010 to 2018, inclusive; and if he will make a statement on the matter. [1227/19]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 457 to 459, inclusive, together.

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.

I am informed by the Commissioner that the deployment of Garda personnel is continually monitored and reviewed in the context of crime trends and policing priorities to ensure the optimum use of Garda resources. A dynamic distribution model of resource allocation, known as the Cohort model, has been in use by Garda management since 2015 for the allocation of personnel, including newly attested probationer Gardaí from the Garda College. The allocation and transfer of Garda Personnel using the Cohort Model is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements and operational strategies. When allocations are taking place, comprehensive consultation is carried out with Local Management during which all factors are taken into consideration.

I am advised by the Commissioner that it is not possible to provide the information requested for the number of Gardaí that have transferred without replacement out of the Divisions in question. Whilst there is a policy not to transfer a Garda from a Division without provision of a replacement, in order to deliver an effective policing service, it is essential that Garda management has the flexibility to deploy Garda resources to meet operational policing needs taking account of the Cohort model of resource allocation.

Questions Nos. 460 and 461 answered with Question No. 450.

Garda Strength

Questions (462, 463)

Jackie Cahill

Question:

462. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí non-affected or on light duties in Nenagh and Roscrea, County Tipperary; and if he will make a statement on the matter. [1230/19]

Jackie Cahill

Question:

463. Deputy Jackie Cahill asked the Minister for Justice and Equality the number of gardaí non-affected or on light duties in Cashel and Cahir, County Tipperary; and if he will make a statement on the matter. [1231/19]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 462 and 463 together.

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the allocation of all resources, including personnel, and I, as Minister, have no direct role in the matter.

I am advised by the Commissioner that employees of An Garda Síochána are facilitated, when necessary, with accommodations in workplace arrangements following periods of absence and on medical advice. Such accommodations may include adapted patterns of working time and modifications of duties to facilitate reintegration into the workplace.

I am further advised that An Garda Síochána is committed to supporting all employees for medical or recuperative reasons following injury or a period of illness and will continue to afford all reasonable accommodations to employees as deemed necessary in consultation with the Chief Medical Officer.

I have been informed that non-effective is the term used in An Garda Síochána when a member has reported as unavailable for duty due to illness.

I am advised by the Commissioner that Roscrea Garda Station forms part of the Nenagh District in the Tipperary Division and on 31 December 2018 the latest date for which figures are currently available the strength of the Nenagh District was 85, and as on 09 January 2019, 8 members were non-effective and 7 members were on light duties.

I am further advised by the Commissioner that Cashel Garda Station forms part of the Cahir District in the Tipperary Division and on 31 December 2018, the latest date for which figures are currently available, the strength of the Cahir District was 70, and as on 09 January 2019, 11 members were non-effective and 4 members were on light duties.

Garda Stations

Questions (464)

Jackie Cahill

Question:

464. Deputy Jackie Cahill asked the Minister for Justice and Equality his plans to reopen the Garda Stations at Dolla, Toomevara and Ballingarry in north County Tipperary; and if he will make a statement on the matter. [1232/19]

Written answers

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána and for carrying on and managing and controlling generally the administration and business of An Garda Síochána.

I have asked the Commissioner for the information requested and when it is received I will write directly to the Deputy.

The following deferred reply was received under Standing Order 42A

I refer to Parliamentary Question No. 464 for answer on 15 January 2019 in which the Deputy asked if there are plans to reopen the Garda stations at Dolla, Toomevara and Ballingary North, Co. Tipperary.

The Deputy will recall that the information you requested could not be obtained in the time available, and I undertook to contact him again when the information was to hand.

As the Deputy will appreciate, the Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána as well as for decisions in relation to the allocation and management of Garda personnel including the opening hours of Garda stations. As Minister, I have no direct role in these matters.

I am informed by the Garda authorities that Dolla Garda Station is open from 14.00 to 15:00 Monday to Friday. There is also a member living in the Official Garda Accommodation attached to Dolla Garda Station.

I am further informed that Toomevara Garda Station is open from 10.00 to 11.00 Monday to Friday. The Garda authorities are currently in the process of allocating a full time Garda member to Toomevara Garda Station.

I am advised by the Garda authorities that resources at Nenagh District Headquarters Station are utilised to open both Toomevara and Dolla Garda stations and that all incoming calls are diverted to Nenagh District Headquarters Station when the stations are closed.

The Garda authorities inform me that Ballingarry North Garda Station is not operational and that the Ballingarry North area is policed as part of the Borrisokane sub-district.

As the Deputy will appreciate, responsibility for management of Garda resources rests with the Garda Commissioner. You may also be aware that as recently as last month, the Garda Síochána Inspectorate in its report “Policing with Local Communities” confirmed that this is the appropriate place for this responsibility.

I am informed by the Garda authorities that that Dolla, Toomevara and Ballingarry are policed as part the Nenagh District which is part of the Tipperary Division. Where appropriate, the work of local Gardaí is also supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

I understand from the Garda authorities that the allocation of Garda resources is subject to constant review in light of crime trends and policing needs arising, to ensure optimum use of Garda resources and that the best possible policing service continues to be provided to the public.

For the Deputy's information, I have set out in the following table the number of Gardaí assigned to Nenagh District as of 30 November 2018, the latest date for which figures are currently available.

I trust this information is of assistance.

DIVISIONS	DISTRICTS	STATIONS	GD	SG	IN	SU	CS	AC	TOTAL
TIPPERARY	NENAGH	BORRISOKANE	3	0	0	0	0	0	3
		CLOUGHJORDAN	1	0	0	0	0	0	1
		LORRHA	1	0	0	0	0	0	1
		MONEYGALL	1	0	0	0	0	0	1
		NENAGH	39	6	0	1	0	0	46
		NEWPORT	10	1	0	0	0	0	11
		PORTROE	1	0	0	0	0	0	1
		ROSCREA	16	3	0	0	0	0	19
		Total	72	10	0	1	0	0	79

Public Inquiries

Questions (465, 466, 472, 489, 491)

Niamh Smyth

Question:

465. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of the steps he has taken to set up a public inquiry into the death of a person (details supplied) as agreed to by a vote in Dáil Éireann; and if he will make a statement on the matter. [1267/19]

Niamh Smyth

Question:

466. Deputy Niamh Smyth asked the Minister for Justice and Equality his views on the length of time GSOC has taken to investigate complaints regarding the investigation into the death of a person (details supplied); and if he will make a statement on the matter. [1268/19]

John McGuinness

Question:

472. Deputy John McGuinness asked the Minister for Justice and Equality the status of a motion passed by Dáil Éireann relative to an inquiry into the death of a person (details supplied); if all matters leading to the person's death, the investigation afterwards and the court cases which ensued will be included as part of the inquiry; if the inquiry will be a public inquiry; his overall approach to the inquiry; and the timeframe for the inquiry. [1371/19]

Willie O'Dea

Question:

489. Deputy Willie O'Dea asked the Minister for Justice and Equality if the request for a statutory inquiry as requested by the family of a person (details supplied) will be granted; and if he will make a statement on the matter. [1654/19]

Brendan Smith

Question:

491. Deputy Brendan Smith asked the Minister for Justice and Equality the progress to date in establishing a public inquiry (details supplied); and if he will make a statement on the matter. [1780/19]

Written answers

Minister for Justice and Equality

I propose to take Questions Nos. 465, 466, 472, 489 and 491 together.

As the Deputy will be aware, I have addressed the matters referred to in these questions over the recent weeks and months in some detail. While the status of the GSOC investigation remains unchanged I can offer Deputies some update into the investigation of issues related to this tragic case.

The outcome of GSOC’s criminal investigation was set out in an interim report issued last year, which was provided to the family of the late Shane O'Farrell. The investigation concluded that no criminal misbehaviour by members of An Garda Síochána was disclosed. GSOC’s investigation found that, while no such conduct occurred which would require criminal sanction, certain aspects were identified as requiring further investigation which may lead to disciplinary proceedings against one or more members. The investigation of those matters by GSOC is still on-going. In the circumstances I do not propose to comment further while the investigation is proceeding. I know that it can be frustrating that investigations are not completed as quickly as people would like. However, our overriding concern must be that investigations are comprehensive and conducted to the highest standards.

As Minister for Justice and Equality, I am acutely conscious of my responsibility - and that of all Members of the House – to respect the independence of the Ombudsman Commission and guard against improper interference with its investigations.

With regard to the motion passed by this House last June, it referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the Courts. The terms of the motion largely reflect the calls by the family of the late Shane O'Farrell for a public inquiry into the circumstances surrounding the road traffic incident in which he tragically lost his life. I would remind the House of the constitutional independence of the Courts and the statutory independence of the Gardaí, the Director of Public Prosecutions and GSOC. These are important matters which must be taken into consideration if there is to be a further examination or investigation of issues related to this tragic case.

I have, as I said previously in the House, been considering the terms of the motion and what options might be available to me in response to it and, in this regard, I am engaging with the Attorney General to determine how I may proceed in relation to the terms of the motion.

I am awaiting the Attorney's advice and when I receive it I will be better placed to decide how to proceed.

Asylum Seeker Accommodation

Questions (467)

Catherine Murphy

Question:

467. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of dwellings allocated by each local authority to meet the housing needs of persons seeking asylum and persons that are classified as refugees on an annual basis from 2014 to date, by year, in tabular form; the number of dwellings by local authority, by year, in tabular form; and if he will make a statement on the matter. [1319/19]

Written answers

Minister for Justice and Equality

I am unable to provide the figures requested by the Deputy. The allocation of dwellings by local authorities is a matter for the relevant local authorities and as such does not come within my remit. The responsibility of my Department relates to those who present here seeking international protection (i.e. asylum and subsidiary protection), to whom accommodation and coverage for certain other needs must be provided to those without the resources to do so, while they are awaiting a decision on their status.

There is no obligation on an applicant to accept the offer of accommodation. Some choose to live with friends or family living in the wider community or to source and provide for their own private accommodation. There is no restriction on the freedom of movement of applicants throughout the State.

Persons who have been granted refugee status, subsidiary protection or a permission to remain are being assisted in transitioning from accommodation centres to housing. Work is underway with the NGO community, housing agencies, local authorities and religious groups to provide assistance to these persons. The Jesuit Refugee Service and the Irish Refugee Council have also both received funding support in this regard. There are currently 700 such persons in accommodation centres, comprising families and individuals, which is placing pressure on the system in terms of providing necessary accommodation to newly arrived individuals claiming international protection.

Garda Information and Communications Technology

Questions (468)

Charlie McConalogue

Question:

468. Deputy Charlie McConalogue asked the Minister for Justice and Equality his plans to reform Garda technology to ensure that gardaí can access real-time information on the status of a driver licence (details supplied); and if he will make a statement on the matter. [1321/19]

Written answers

Minister for Justice and Equality

The Garda Mobility Strategy aims to provide frontline members with greater connectivity to back-office systems harnessing the power of mobile technology and forms part of the Modernisation and Renewal Programme 2016-2021. A pilot programme was operated in Limerick Garda Division from December 2017 to September 2018, with very positive feedback.

A key application developed for the Mobility pilot was a Traffic App, which allowed members of An Garda Síochána to search for vehicle information by entering a vehicle registration number into the mobile phone. The app gathered information recorded on PULSE in respect of the vehicle, including tax status, ownership information and driver disqualifications. The utilisation of mobile devices enable Garda members to be more efficient and effective by having mobile access to relevant core policing applications, a wide-range of up-to-date information and the ability to input and update information in real time.

A total of €1.5 million was provided for in current spending in Budget 2019 to allow the roll-out of the Mobility project to commence.

The Department of Public Expenditure and Reform recently produced an informative YouTube video on the Garda Mobility Strategy: https://www.youtube.com/watch?v=eNyKMywyS9k.