Written Answers Nos. 81-95
82. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21304/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application for a certificate of naturalisation from the person referred to by the Deputy continues to be processed and will be submitted to me for decision as expeditiously as possible. If further documentation is required it will be requested from the applicant in due course.
As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.
It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. The nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process. In some instances, completing the necessary checks can take a considerable period of time.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
83. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the current and expected residency status in the case of a person (details supplied); and if he will make a statement on the matter. [21306/19]
View answerI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned submitted a request on 17 April, 2019 for renewal of their permission to reside in the State on Stamp 5 conditions, which is due to expire on 16 May, 2019.
I am also advised that INIS wrote to the person concerned on 17 April, 2019 advising that, as of 1 May, 2018, such applications must be made on the prescribed application form and include relevant supporting documentary evidence. To date, no correspondence has been submitted in response to that request. However, I understand it remains open to the person concerned to submit an application, without delay, to INIS.
Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility, which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.
84. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which education and rehabilitative training in the prison system is offered to all first-time offenders, with particular reference to the need to encourage such persons away from a life of crime; the number of such persons that have benefitted from rehabilitation in each of the past five years; the number of repeat offenders that were offered places in the same period; and if he will make a statement on the matter. [21307/19]
View answerI wish to inform the Deputy that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and chaplaincy services. These programmes can offer purposeful activity to those in custody while serving their sentences and encourage them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services, including first time offenders and repeat offenders.
I can advise the Deputy that it is not possible to provide the statistics requested in relation to education and rehabilitation training, as the manner in which statistics are compiled does not distinguish between first time offenders and repeat offenders.
85. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which research has shown the benefit of rehabilitative training for prisoners in each of the past five years to date, with particular reference to its effect on recidivism; and if he will make a statement on the matter. [21308/19]
View answer90. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which his Department continually reviews the effect of education and rehabilitation within the prisons as a means of discouraging recidivism; and if he will make a statement on the matter. [21314/19]
View answerI propose to take Questions Nos. 85 and 90 together.
The Irish Prison wish to inform the Deputy that in line with Government policy in focussing on rehabilitative initiatives, the Irish Prison Service has in recent years, placed a much greater emphasis on rehabilitative and support services to prevent reoffending and support desistance from crime. The Irish Prison Service provides a wide range of rehabilitative programmes that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. Access to these services is a critical feature for offenders in addressing their offending behaviour.
While specific statistics are not available, evidence shows that addressing such factors as education, employment, housing, drug and alcohol misuse, attitudes and self control, institutionalisation and life skills contributes to reduced reoffending.
The latest data in relation to recidivism rates for offenders who were given a custodial sentence or community sanction is contained in the fourth set of recidivism studies published by the Central Statistics Office in November 2016.
There has been a continued reduction in the recidivism level for the cohort of prisoners released in 2010, these are the latest figures available on the Central Statistics Office website. The Prison Recidivism Studies for 2007, 2008 and 2009 showed a recidivism rate of 55%, 51% and 47.5% respectively. The overall figure for 2010 is 45.1% which represents a reduction of 10% since these studies commenced.
The Central Statistics Office are currently working on the studies for the cohort of people released in 2011 and 2012 and it is anticipated that these reports will be published in the next 6 months.
86. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners on bail in respect of more than one offence; and if he will make a statement on the matter. [21309/19]
View answerI can advise the Deputy that I have made enquiries in relation to the number of persons on bail for more than one offence and I am advised that this information is not available.
As the Deputy may be aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a Constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
The Criminal Justice Act 2017 strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, a Court, in considering an application for bail, is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more. The Court will also have the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.
Where an accused person is granted bail, the Act provides for stricter bail terms for repeat serious offenders, strengthens Garda powers to deal with breaches of bail, increases the use of curfews, and, where requested by Gardaí, allows for the introduction of electronic tagging for those on bail in certain circumstances.
87. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prison places available in prisons nationally; and if he will make a statement on the matter. [21310/19]
View answerAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie. This breakdown includes the number of prisoners incarcerated and the bed capacity in each prison. The information can be found in the Information Centre – under Statistics & Information – Daily Prisoner Population.
The Irish Prison Service also collates a quarterly census on cell occupancy and this information is also available on the Irish Prison Service website www.irishprisons.ie. The information can be found in the Information Centre – under Statistics & Information – Census Reports.
88. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of gardaí available for duty on a given day; and if he will make a statement on the matter. [21311/19]
View answerAs the Deputy will be aware, the Garda Commissioner is statutorily responsible for the management of An Garda Síochána, including personnel matters, and I, as Minister, do not have responsibility for this matter.
I am informed by the Commissioner that as of the 31 March 2019, the latest date for which information is available, the overall strength of An Garda Síochána was 14,160 with 517 Reserves and 2,646 Civilians.
I can assure the Deputy that this Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime.
Since the reopening of the Garda College in September 2014, almost 2,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. Garda numbers reached the target of 14,000 by the end of 2018 and are on track to reach 15,000 by 2021.
The Commissioner has this year been provided with an additional €100 million bringing his budget to almost €1.8 billion, which includes provision for the recruitment of up to 800 Gardaí this year. The Commissioner has now informed me that he plans to recruit a total of 600 trainee Gardaí in 2019 and 600 Garda Civilian Staff. This Garda Staff recruitment will allow the Commissioner to redeploy a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019.
I believe that the injection of this large number of experienced officers into the field, along with the new recruits, will be really beneficial in terms of protecting communities. This and on-going recruitment will clearly provide the Commissioner with the resources needed to deploy increasing numbers of Gardaí to deliver a visible effective and responsive policing service to communities across all Garda Divisions.
For more general information on Garda Facts and Figures please see the link below:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures.
89. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána has at its disposal all the necessary provisions to deal with organised crime in all areas nationally; and if he will make a statement on the matter. [21313/19]
View answer93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which An Garda Síochána continues to combat the activity of organised criminal gangs; and if he will make a statement on the matter. [21317/19]
View answerI propose to take Questions Nos. 89 and 93 together.
Addressing organised crime is a key policing priority for the Government and An Garda Síochána with significant resources dedicated to supporting Gardaí in their work to tackle criminal gangs, including mobile gangs, that seek to target our communities.
Since the re-opening of the Garda College in September 2014, just under 2,400 Garda recruits have been assigned to mainstream duties nationwide, including 800 new Garda during 2018. The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion, an increase of over €100 million on the 2018 allocation.
The Commissioner plans to recruit a total of 600 trainee Gardaí in 2019 in addition to 600 civilians. This recruitment will facilitate the Commissioner in redeploying a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019. The Government's commitment to increase the overall strength of the force to 15,000 Gardaí will be achieved by 2021.
The manner in which the resources of An Garda Síochána are deployed, including personnel, is a matter for the Garda Commissioner and his management team. I am informed by the Commissioner that the additional resources have enabled him to assign extra staff to specialist units involved in tackling organised crime, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau.
There are a number of successful Garda operations in place to disrupt the activities of criminal gangs. Operation Thor, launched in November 2015, focuses on burglary and related crime. Up to May 2019, it has resulted in over 200,900 targeted checkpoints and more than 356,300 crime prevention patrols carried out nationwide. It has led to approximately 10,000 arrests and 11,550 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. An Garda Síochána will continue to exert pressure on the gangs and individuals responsible for these type of offences.
Operation Hybrid was deployed in response to the escalation in violence between organised crime gangs in the Dublin Metropolitan Region. Up to May 2019, it has resulted in almost 77,000 high visibility checkpoints. It is based on a three-pronged approach - prevention, investigation and targeting. Figures on arrests and charges under Operation Hybrid are currently being prepared by An Garda Síochána.
The results of these and other operations of An Garda Síochána demonstrate the clear commitment to tackling organised crime gangs and working towards making our communities safer.
91. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if membership of criminal gangs will be prescribed by law; and if he will make a statement on the matter. [21315/19]
View answerTackling organised crime is a key priority for the Government and An Garda Síochána.
From time to time, the question arises about providing for an offence of membership of a criminal gang in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation.
Organised crime is constantly evolving and several issues arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is unlikely to have the permanency of organisation and structure that a subversive organisation has traditionally had. Relationships in criminal gangs tend to be more fluid, with shifting memberships and alliances. New splinter groups and new gangs can form overnight.
Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty up to life imprisonment.
The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not. Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act. Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.
In recent years a number of other legislative measures have been introduced to tackle gang-related and associated crime. The Proceeds of Crime (Amendment) Act 2016 provides additional powers for Gardaí, in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime. An Garda Síochána and in particular the Criminal Assets Bureau are already making use of these provisions.
Overall I believe that sufficient legislation already exists for the prosecution of offences relating to organised crime and to target the proceeds of crime. An Garda Síochána, with the support of significant additional resources provided to it by this Government, is determined to address gangland violence in our communities.
92. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the Criminal Assets Bureau successfully continues to pursue organised crime; and if he will make a statement on the matter. [21316/19]
View answerAs the Deputy will be aware, the Criminal Assets Bureau (CAB) is a multi-agency statutory body established under the Criminal Assets Bureau Act, 1996. The Bureau’s remit is to target a person's assets, wherever situated, which derive, or are suspected to derive, directly or indirectly, from criminal conduct. Since its inception, the Bureau has been at the forefront of fighting organised crime in this jurisdiction and disrupting the activities of criminal gangs by depriving them of ill-gotten assets.
The Bureau is widely regarded as a best practice model in the context of combatting organised crime. Its structure and powers have been modelled by other jurisdictions. It works closely with law enforcement bodies at national and international levels and continues to relentlessly pursue the illicit proceeds of organised crime activity. The actions of the Bureau send a strong message to criminals and to local communities that profiting from crime won't be tolerated.
Reflecting the Government's commitment to ensure that the Bureau is adequately resourced, the CAB’s staffing and budgetary allocation has increased significantly in recent years. Since 2016, the Bureau's staffing resources have increased from 71 to its current level of 84, with staff numbers due to rise to 91 during this year. Similarly, the Bureau's budgetary allocation has gone up from €7.042 million in 2016 to €8.603m in 2019.
The increased resources of the CAB have given rise to substantially increased levels of Bureau activity and its successful operations have become a regular feature in media reports. In 2018, the Bureau brought 30 new Proceeds of Crime proceedings before the High Court, up from 28 in 2017 and 13 in 2016. This is the largest number of new cases ever commenced by the Bureau in a single year. Likewise, the money returned to the State as a result of CAB actions increased from €3.8 million in 2016 to €4.3 million in 2017. The provisional figure for 2018 is in excess of €5.6 million.
CAB is supported in its work by a nationwide network of trained Asset Profilers. Asset profilers work hand-in-hand with local Garda Management and communities towards the objective of denying and depriving criminals of assets. The number of asset profiles submitted to the Bureau, by the nationwide network, increased from 66 in 2016 to 184 in 2018, a 178 per cent increase. This increase has been driven by the growth in the number of Garda, Revenue and Department of Employment Affairs and Social Protection personnel who have been trained as Asset Profilers. There is now a national network of almost 380 trained asset profilers compared with 279 at the end of 2017.
94. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which ongoing training is available to An Garda Síochána, with particular reference to the need to ensure that the force is fully equipped in every way to take on modern gangland crime; and if he will make a statement on the matter. [21318/19]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for managing An Garda Síochána, including the training of its members and civilian staff and I, as Minister, have no direct role in the matter. However I can assure the Deputy that investing in the capacity of An Garda Síochána to tackle criminals and enforce the law effectively is a key objective of this Government's response to tackling 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.
I am informed by the Commissioner that the additional resources coming on stream have enabled him to assign extra resources to specialist units involved in tackling organised crime, including the Emergency Response Unit (ERU), Armed Support Unit (ASU), Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau.
The ERU is a highly-trained and well-equipped special intervention capability that is supported by a number of regional Armed Support Units and range of other resources across the Garda organisation. ASUs have been established in each of the six Garda Regions to provide an armed response capacity and capability on a Regional basis which support and supplement the national ERU. Members of the ASUs are also highly trained and equipped with a variety of non-lethal and lethal weapons and perform high visibility armed checkpoints and patrols throughout their respective Regions.
The Deputy will be aware that there are also a number of successful Garda operations in place to disrupt the activities of criminal gangs.
Operation Thor was officially launched in November 2015 and focuses on burglary and burglary related crime. The scale of Garda activity under Operation Thor (as of 7 May 2019) has resulted in over 200,900 targeted checkpoints and more than 356,300 crime prevention patrols carried out nationwide. This concentrated policing activity has produced in the region of 10,000 arrests and 11,550 charges covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences. An Garda Síochána will continue to bring pressure on the gangs and individuals responsible for these type of offences.
The Deputy will also be familiar with Operation Hybrid which has been deployed as a result of an escalation in violence between organised crime gangs in the Dublin Metropolitan Region. The strategic objective of Operation Hybrid is to have a three-pronged approach - preventative, investigative and targeted. As of 5 May, there have been in the region of 76,700 high visibility checkpoints carried out under Operation Hybrid. An up to date breakdown of arrests and charges is currently being prepared by An Garda Síochána.
The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation for 2019 of €1.76 billion. This represents an increase of over 6% over the initial allocation for 2018.
With respect to tackling cross border crime, there is strong ongoing co-operation between the Gardaí and the PSNI in respect of the full range of policing activities. A joint Cross-Border Policing Strategy operates between the two services. The Strategy covers the range of policing activities and contains a series of initiatives in which both police services are actively engaged.
The Joint Agency Task Force established under the Fresh Start Agreement engages the two police services in a lead role in structured strategic and operational co-operation in combatting cross-border organised crime. The Joint Agency Task Force is a positive example of the extensive North-South co-operation that is undertaken between the police and other law enforcement agencies aimed at tackling crime and enhancing the safety of all communities on this island.
An Garda Síochána has a structured training delivery infrastructure nationally with facilities throughout the country. The organisation is expanding its training infrastructure and has engaged in procurement processes which allow the use of external training facilities. The organisation is moving towards a blended learning approach, and is presently using e-learning and collaborating with the National Digital Learning Centre at DCU to develop further in this area.
I can assure the Deputy that the Government remains committed to ensuring An Garda Síochána have all the necessary resources to tackle all forms of criminality that affects our communities.
95. Deputy Michael McGrath asked the Minister for Justice and Equality when he expects the report stage of the Judicial Council Bill 2017 to be held in Seanad Éireann; the timeline for introducing the Bill in Dáil Éireann; the timeline for establishing a committee on the council to deal with personal injury awards pursuant of the recommendation from the Personal Injuries Commission; and if he will make a statement on the matter. [21331/19]
View answerAs the Deputy will be aware, the Judicial Council Bill completed Committee Stage in the Seanad just over one month ago. In addition to the amendments which I introduced in relation to the important matter of sentencing guidelines, I was also able to take the opportunity offered by Seanad Committee Stage to ensure that the training function of the Judicial Studies Committee includes a specific reference to assessing damages in personal injury claims. I believe that this is indicative of my support for reform in this area.
My current priority in relation to the Bill is to introduce, at an early stage, amendments which address the recommendations contained in the Second and Final Report of the Personal Injuries Commission insofar as personal injuries guidelines are concerned. The work of my Department on this matter is almost complete and I expect that I will be able to seek Government approval for the formal drafting of the necessary amendments very soon. I will then move as quickly as possible thereafter to table those amendments for consideration at Report Stage in the Seanad.
Once the Bill has completed all Stages in Seanad Éireann and has been introduced in Dáil Éireann, its progress will, to a large extent, be a matter for this House itself to determine. It is my intention to have the Bill enacted as soon as possible. Once the Bill has passed work will begin immediately to establish the Judicial Council and its related Committees.
