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Tuesday, 14 May 2019

Written Answers Nos. 229-243

Garda Deployment

Questions (229)

Clare Daly

Question:

229. Deputy Clare Daly asked the Minister for Justice and Equality when the Garda specialist protective services unit for the north Dublin Garda division will be effected. [20685/19]

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Written answers

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources 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 have been informed by the Garda Commissioner that to date, Divisional Protective Services Units have been established in DMR South Central, Waterford, Kerry, Kilkenny, Carlow, Limerick and Galway Garda Divisions. These Units are in addition to those previously established in DMR West, Cork City and Louth Divisions in the initial phase of this initiative.

The Commissioner has assured me that the remaining Division Protective Service Units will be rolled-out to the remaining 19 Garda Divisions including North Dublin Division, on a phased basis, before the end of Q4 2019, in accordance with the targets set out in 'A Policing Service for the Future', the implementation plan giving effect to the recommendations of the Commission for the Future of Policing in Ireland.

Garda Recruitment

Questions (230)

Clare Daly

Question:

230. Deputy Clare Daly asked the Minister for Justice and Equality the estimated full year cost of recruiting three additional digital forensic specialists for the Garda National Economic Crime Bureau. [20686/19]

View answer

Written answers

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including arrangements relating to the recruitment and training of members. Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no direct role in these matters.

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

Garda Transport Provision

Questions (231)

Clare Daly

Question:

231. Deputy Clare Daly asked the Minister for Justice and Equality if the 15 extra large Garda public order vans have been delivered to Garda divisions; and the divisions within Dublin that received one of the new vans. [20687/19]

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Written answers

The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. Very significant capital investment is also being made in An Garda Síochána, including a total of €46 million for investment in the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime. A total of €10 million is available in 2019 for purchase and fit-out of Garda vehicles.

As the Deputy will appreciate, in accordance with Section 26 of the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of his identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no direct role in these matters. I am assured, however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities to ensure their optimum use.

I am informed by the Garda authorities that prototype fit-out of the new Garda Public Order vans is due for sign-off in the coming weeks. I am further informed that An Garda Síochána expect the relevant vehicles to be delivered and allocated among the various Garda divisions in Quarter 3 of this year.

State Pathology Service

Questions (232)

Dara Calleary

Question:

232. Deputy Dara Calleary asked the Minister for Justice and Equality the number of post-mortems, specifically those that entailed a subsequent inquest, carried out at the mortuary in University Hospital Waterford on an annual basis since 2010; his views on whether the decision of 7 May 2019 by the State Pathologist not to use the facility has implications for findings made by these inquests; the way in which he has come to this view; and if he will make a statement on the matter. [20722/19]

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Written answers

The number of post-mortem examinations, on an annual basis since 2010, carried out in the mortuary in Waterford University Hospital, directed by the Coroners in Kilkenny, Tipperary South, Waterford, Carlow and Wexford which resulted in a subsequent inquest, is shown in the following table.

These post mortems are comprised of two types of post mortems. Firstly, there are those post mortems carried out by hospital pathologists where the coroner is seeking to determine the exact cause of death, where suspicious circumstances do not arise. Secondly, there are forensic post mortems by the Office of the State Pathologist in ‘State cases’ where a suspicious death may have occurred.

The finding of any inquest as to the cause of a death, involving evidence from the Office of the State Pathologist, is a matter for the Coroner to determine. As Minister, I have no role in the matter.

Where forensic post mortems in State cases are carried out, the State pathologists use the existing mortuary facilities in the hospital concerned. This hospital is usually in the region where the death occurred and in agreement with the coroner for that region. For cases in the Dublin region, the Dublin City Mortuary, which is under the managerial control of the Dublin Coroner, is the facility usually used.

Hospital mortuaries are a matter for the HSE. The Office of the State Pathologist, which is operationally independent of me as Minister, advise that where a mortuary is deemed “unfit for purpose” by the relevant authorities, it would be imprudent to perform a state forensic post-mortem there until it reaches the required standard. In such a circumstance, State forensic post-mortems would be performed in another suitable facility.

Year

Post-Mortems

Inquests

2010

523

183

2011

670

219

2012

506

199

2013

602

174

2014

561

191

2015

527

173

2016

554

195

2017

554

171

2018

589

165

Total

5,086

1,670

Forensic Science Ireland

Questions (233)

Caoimhghín Ó Caoláin

Question:

233. Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality the waiting times for examination of items of possible evidence by trained forensic technicians; if there is a fast-tracking of items in specific cases, that is, cases of rape and other serious offences; and if he will make a statement on the matter. [20736/19]

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Written answers

As the Deputy is aware Forensic Science Ireland provides a comprehensive scientific service to An Garda Síochána and the Irish Justice system in the investigation of crime and adjudication of criminal cases. The service provided covers a wide variety of evidence types e.g. DNA and biological fluids, impression evidence (e.g. footwear impressions, tyre tracks), trace evidence (e.g. gunshot residue, textile fibres, paint, glass), analysis of suspect materials (e.g. drugs, explosives, offensive sprays). FSI is also the custodian of the National DNA Database which plays an important role in the investigation of sexual offences, as well as many other offence types.

I am advised that FSI prioritises cases submitted to it in accordance with criteria agreed with An Garda Síochána in a Service Level Agreement. These criteria include seriousness of the offence, urgency, and the extent to which forensic analysis will advance an investigation. The most urgent work will often have verbal reports issued back to An Garda Síochána within 24 hours. FSI also has an on-call system in place whereby critical work is supported outside of normal office hours, including weekends.

FSI attaches a high priority to sexual assault cases, particularly cases involving minors. A batching system is in place whereby the sexual assault examination kits taken at the sexual assault treatment units (SATU) are processed as a priority on receipt. This has the advantage that interim results are available for all sexual assault cases when requested. For the most urgent sexual assault cases, where for example (a) Gardaí are concerned that the victim is in danger or the rapist could attack again or ( b) murders where FSI can help in the investigation by checking for semen on the victim and /or eliminating suspects, a verbal report is issued within two working days and a written report within seven working days.

Crime Data

Questions (234)

John Curran

Question:

234. Deputy John Curran asked the Minister for Justice and Equality the number of child abduction offences that occurred under section 16 of the Non-Fatal Offences against the Person Act 1997 in each of the years 2015 to 2018; the number of child abduction offences that occurred under section 17 of the Act in each of the years 2015 to 2018; and if he will make a statement on the matter. [20759/19]

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Written answers

The protection of children is a top priority for my Department, the justice agencies and the whole of Government. Legislation is in place to criminalise child abduction, and An Garda Síochána, in cooperation with social media companies and the public through the Child Rescue Ireland Alert (CRI Alert) system, work to ensure that any child that goes missing is found as quickly as possible.

Incidents of abduction of a child under 16 years of age under sections 16 and 17 of the Non-Fatal Offences Against the Person Act 1997, are recorded on the Garda PULSE system and are set out in the following respective tables. I should advise that all information provided in this table is based upon operational data from the PULSE system as was available on 12th April 2019, and is liable to change. Crime counting rules, [1] as outlined on the CSO website, have not been applied. For distribution to the public domain, An Garda Síochána does not ordinarily report on details where less than 10 incidents have been recorded.

Divisions not included in the tables have had no incidents recorded over the time period.

Section 16 of the Non-Fatal Offences against the Person Act 1997:

Division

2015

2016

2017

2018

Cavan/Monaghan

0

2

0

0

Cork City

1

1

0

0

Cork North

0

0

0

1

Cork West

0

0

1

0

D.M.R. Eastern

3

2

0

0

D.M.R. North Central

3

0

0

0

D.M.R. Northern

2

2

4

4

D.M.R. South Central

0

0

1

0

D.M.R. Southern

1

1

0

0

D.M.R. Western

1

1

0

4

Donegal

0

0

0

1

Galway Div

0

1

0

0

Kerry

1

1

3

0

Limerick

1

0

1

0

Louth Div

1

1

0

0

Meath Div

0

2

0

0

Tipperary

0

0

0

0

Wexford Div

0

2

0

1

Wicklow Div

1

0

0

0

Grand Total

15

16

10

11

Section 17 of the Non-Fatal Offences against the Person Act 1997:

Division

2015

2016

2017

2018

Cavan/Monaghan

1

2

0

0

Clare

0

1

0

0

Cork City

1

0

0

1

D.M.R. Eastern

3

0

0

0

D.M.R. North Central

2

0

1

1

D.M.R. Northern

0

0

3

2

D.M.R. South Central

0

2

0

0

D.M.R. Southern

3

0

2

0

D.M.R. Western

6

3

1

0

Galway Div

0

0

2

0

Kerry

0

1

0

0

Kildare Div

0

4

0

0

Laois/Offaly

2

0

0

2

Limerick

0

0

0

1

Sligo/Leitrim

0

0

1

0

Tipperary

0

0

1

0

Waterford Div

0

1

0

0

Wexford Div

0

1

0

0

Wicklow Div

1

0

0

0

Grand Total

19

15

11

7

[1] www.cso.ie/en/methods/surveybackgroundnotes/gardarecordedcrimestatistics/.

Criminal Injuries Compensation Tribunal

Questions (235)

John Curran

Question:

235. Deputy John Curran asked the Minister for Justice and Equality the status of the results of an assessment of the caseload of the Criminal Injuries Compensation Tribunal as requested by him; and if he will make a statement on the matter. [20760/19]

View answer

Written answers

I am informed that the assessment of the caseload of the Tribunal is expected to be finalised shortly. I will provide the Deputy with a further update at that point.

Garda Equipment

Questions (236)

Catherine Connolly

Question:

236. Deputy Catherine Connolly asked the Minister for Justice and Equality the age of each truck attached to the Garda water unit; if funding will be provided for the replacement of the oldest age truck in the unit; and if he will make a statement on the matter. [20806/19]

View answer

Written answers

The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. Significant capital investment is also being made, including €46 million which has been provided by the Government for investment in the Garda fleet between 2016 and 2021.

I understand from the Garda authorities that the Garda Water Unit is a national resource under the direction and control of the Assistant Commissioner, Roads Policing and Major Event Management and the operational control of the Superintendent, Operational Support Services.

The Garda authorities have advised that 19 vehicles are attached to the Operational Support Division, including 2 trucks attached to the Garda Water Unit which are 13 and 14 years old respectively.

I am informed by the Garda authorities that vehicles are operated up to the manufacturers durability limits or up to uneconomic repair, irrespective of their age; and that a comprehensive service, repair and maintenance programme is in place to ensure that all vehicles are operating in accordance with manufacturer specifications.

As noted above, significant capital investment is being made in An Garda Síochána including to ensure that it has a modern, effective and fit-for-purpose fleet. A total of €10 million has been made available for purchase and fit-out of Garda vehicles in 2019.

In accordance with Section 26 of the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána and further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no direct role in such matters. I am assured 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 the optimum use is made of these resources.

Garda Recruitment

Questions (237)

Catherine Connolly

Question:

237. Deputy Catherine Connolly asked the Minister for Justice and Equality the full-year cost of recruiting four additional full-time vehicle technicians for An Garda Síochána; and if he will make a statement on the matter. [20807/19]

View answer

Written answers

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including arrangements relating to the recruitment and training of members. Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no direct role in these matters.

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. 237 for answer on 14 May 2019 in which the Deputy asked the full year cost of recruiting four additional full-time vehicle technicians for An Garda Síochána.
The Deputy will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact her again when the information was available. I apologise for the delay in responding while I consulted with An Garda Síochána on this matter.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána, including arrangements relating to the recruitment and training of members. Further, the allocation of Garda resources is a matter for the Commissioner, in light of identified operational demands. As Minister, I have no direct role in these matters.
I am advised by the Garda authorities that currently there are no vehicle technicians employed by An Garda Síochána.
The Garda authorities instruct that when posts are advertised for full time vehicle technicians they will be at various Engineer levels, which will determine the cost involved. It is not possible to accurately provide a costing until the relevant engineer levels are known. 
However the Deputy may be interested to know that the Garda authorities have informed me that Hyundai and Ford have the current contract for the service repair and maintenance of all Garda vehicles.
Contracts are in place for a nationwide network of approved suppliers to carry out body work (crash) repair on Garda vehicles. ARM Ltd have the current contract for the bodywork contract repair since 1 March 2019.
Finally, I am informed that a comprehensive servicing regime is in place for all Garda vehicles. Generally, vehicles are serviced every 15,000kms or once annually in accordance with the manufacturer’s guidelines. In addition, when vehicles have reached an odometer reading of 200,000kms they are subject to a further safety check every 10,000kms.
I am sorry that I cannot provide you with the exact costing requested but I trust this information is of assistance.

Gambling Legislation

Questions (238, 239, 240)

Clare Daly

Question:

238. Deputy Clare Daly asked the Minister for Justice and Equality the timeline on the redrafted heads of the gambling control Bill; and if he will make a statement on the matter. [20860/19]

View answer

Clare Daly

Question:

239. Deputy Clare Daly asked the Minister for Justice and Equality his views on the fact that the Gaming and Lotteries (Amendment) Bill 2019 as drafted threatens the closure of all land-based private members clubs here; if this is the planned intention of the provisions; and if he will make a statement on the matter. [20861/19]

View answer

Clare Daly

Question:

240. Deputy Clare Daly asked the Minister for Justice and Equality if it is planned that the Gaming and Lotteries (Amendment) Bill 2019 will apply to online gaming; and if he will make a statement on the matter. [20862/19]

View answer

Written answers

I propose to take Questions Nos. 238 to 240, inclusive, together.

The Government has outlined on a number of occasions that it recognises the need to proceed with comprehensive reform of our outdated gambling licensing and regulation. The proposals in the 2013 General Scheme of the Gambling Control Bill, were reviewed by the Inter-Departmental Working Group on the Future Licensing and Regulation of Gambling. The Group's Report was approved and published by the Government on 20 March, 2019. The Report contained a significant number of recommendations concerning all aspects of gambling activity. In particular, it recommended that future responsibility for licensing and regulation of all forms of gambling, including online gambling, rest with a proposed new gambling regulatory authority.

Work in this regard is underway in my Department. This is a complex area and we must be certain that any reforms will be achievable and effective. At the time of publication of this Report, the Taoiseach indicated that work on a revised General Scheme of a Gambling Control Bill, taking account of the Working Group’s recommendations, would likely take a period of about 18 months to bring to completion.

The Gaming and Lotteries (Amendment) Bill 2019 is an interim measure and amends the 1956 Act but it is not intended to change or extend its general scope. While the interpretation and application of the law to particular circumstances is a matter ultimately for determination by the courts and not a member of the Executive, it is intended that those types of gaming covered by the 1956 Act will continue to be regulated as before after the enactment of the Amendment Bill. The Deputy raises the matter of private members' clubs. Such clubs are not licensed under the Gaming and Lotteries Act 1956 and are not intended to be affected by the Gaming and Lotteries (Amendment) Bill 2019.

Departmental Advertising Expenditure

Questions (241)

Michael McGrath

Question:

241. Deputy Michael McGrath asked the Minister for Justice and Equality the costs incurred by his Department in respect of advertising in all forms to date in 2019, in tabular form; and if he will make a statement on the matter. [21125/19]

View answer

Written answers

My Department engages in public information campaigns, where appropriate, in order to draw attention to important issues in the Justice and Equality sector.

An itemised breakdown of advertising expenditure to date for 2019 is set in the following table.

Month

Cost (€)

Division

Description

January

€5,944.17

Reception and Integration Agency

Advertisements in national newspapers for temporary accommodation for international protection applicants.

February

€4,234.85

Cosc - the National Office for the Prevention of Domestic, Sexual and Gender-based Violence

Public notice in Irish newspapers seeking views of the general public on the implementation of Second National Strategy on Domestic, Sexual and Gender-based Violence.

May

€676.50

Human Resources

Advertising costs for Senior Regulatory Lawyer recruitment competition

The Deputy may also be aware of the National Awareness Campaign on Sexual Harassment and Sexual Violence which I launched last week. My Department have not incurred any costs to date in respect of advertising in relation to this campaign. Although the TV advertising element of the campaign commenced recently, the Department will be invoiced for this activity at a later date.

While the Department has not yet incurred costs for advertising for this campaign, I would like to advise the Deputy that we have, to date, incurred €230,986.62 in costs in relation to the development of the campaign.

IDA Ireland Site Visits

Questions (242)

Carol Nolan

Question:

242. Deputy Carol Nolan asked the Minister for Business, Enterprise and Innovation the number of IDA visits made to midlands regions in 2018 and to date in 2019; and the specific interventions that will be made to increase jobs in counties Laois and Offaly. [20902/19]

View answer

Written answers

The Midlands experienced the highest level of percentage growth of any region in net new foreign direct investment (FDI) jobs in 2018, with an increase of 13% in employment by IDA client companies. While that represents significant progress in developing the enterprise potential of the region, the Government remains committed to creating more jobs and economic opportunities there in 2019.

In 2018, there were five IDA-facilitated site visits to Offaly and 22 such visits to Westmeath. Counties Laois and Longford respectively hosted ten and five site visits last year. As for 2019, there were six visits to Westmeath in the first quarter of the year, with Offaly and Laois hosting one and two site visits respectively over that same period. There were no site visits to Longford in the first three months of the year.

Whilst site visits remain an important tool in helping showcase regional locations – whether in the Midlands or elsewhere – to investors, it is important to remember that the final decision as to where to invest rests solely with the company concerned. It is also the case that site visit activity does not necessarily reflect investment potential, as a significant proportion of all new FDI comes from existing IDA clients already present in the country.

Overall, the outlook for FDI in the Midlands is positive. Westmeath, Offaly and Longford all experienced FDI jobs growth in 2018 and the IDA has been working hard to try and secure further investment projects for those Counties in 2019. With regard to County Laois, the Canadian company Greenfield Global announced plans last month plans to establish a new manufacturing facility in Portlaoise which will create 75 new jobs. This reflects the enterprise potential of that County and hopefully will lead to further investment and job creation there.

My Department, together with its enterprise agencies, will be doing everything possible to support further enterprise development and job creation across the Midlands in 2019. This includes not just working to attract overseas investors but also supporting the growth and expansion of indigenous companies.

Work Permits Eligibility

Questions (243)

James Browne

Question:

243. Deputy James Browne asked the Minister for Business, Enterprise and Innovation the position regarding the inclusion of healthcare assistant as a role for employment within the employment permits system; and if she will make a statement on the matter. [20541/19]

View answer

Written answers

The State's general policy is to promote the sourcing of labour and skills needs from within the workforce of the State and other EEA states. Where specific skills prove difficult to source within the State and EEA, the employment permits system offers a conduit into the Irish labour market for non-EEA nationals with in-demand skills and is operated as a vacancy led system.

The system is managed through the operation of the Critical Skills Occupations List and the Ineligible Occupations List for the purposes of granting an employment permit. The Lists are subject to twice-yearly review which is predicated on a formalised and evidence-based process and involves consideration of the research undertaken by the Skills and Labour Market Research Unit (Solas), the Expert Group of Future Skills Needs (EGFSN), the National Skills Council, and input by relevant Government Departments in addition to the public consultation phase. Submissions to the review process are also considered by the Economic Migration Policy Interdepartmental Group chaired by DBEI and which includes the Department of Health.

Healthcare assistants are currently on the Ineligible Occupations List and in order to have an occupation removed from the ineligible list, there would need to be a clear demonstration that recruitment difficulties are solely due to shortages across the EEA and not to other factors such as salary and/or employment conditions. Organisations in the sector would need to provide the necessary evidence to substantiate their claims.

Following completion of the most recent review, the role of Healthcare Assistant was not proposed for amendment at this time. The views of the lead policy Government Department for the sector, in this case, the Department of Health, are an important part of the decision-making process. Officials of that Department have advised the sector of the need for further evidence, demonstrating genuine efforts to recruit across the EEA. In particular the sector needs to engage with the Department of Employment Affairs and Social protection who have responsibility for EURES the (European Employment Services), and who are well positioned to help sectors to recruit from within the EEA.

The next review is scheduled to commence with a public consultation process before the end of May.

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