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Departmental Policy Functions

Dáil Éireann Debate, Thursday - 25 March 2021

Thursday, 25 March 2021

Questions (156)

Seán Sherlock

Question:

156. Deputy Sean Sherlock asked the Minister for Justice the engagement she has had on the policy of progressing disability services; and if she has contacted other Ministers regarding the policy. [16175/21]

View answer

Written answers

I have not yet had any engagements with other Ministers on the policy of progressing disability services in my capacity as Minister for Justice.  As the Deputy will be aware, my colleague in the Department of Children, Equality, Disability, Integration and Youth, Minister of State Anne Rabbitte has policy responsibility for disability.

However, I would like to assure the Deputy that I am committed to ensuring that people with disabilities working both in my Department and the wider justice sector are appropriately equipped to carry out their duties. Considerable work is undertaken within my Department to retain staff with disabilities and to improve the quality of their experience within the work environment. Efforts across a range of areas such as role adjustments, redeployment in some cases, additional and specific training, physical work space adjustments and use of assistive technologies have enabled staff within my Department who have a disability to perform effectively in their role and make a meaningful contribution to the work of the organisation.

My Department follows the Civil Service Code of Practice on the employment of people with disabilities. My Department’s Disability Liaison Officer (DLO) is available to assist and support staff with disabilities, in confidence, and their line managers by providing information, guidance, and support, as well as assisting in the provision of reasonable accommodations. My Department will also roll out Disability and Autism Awareness training to all staff this year in line with the National Disability Inclusion Strategy 2017-2021.  

The Deputy may also wish to note that my Department takes part in the Willing Able Mentoring (WAM) programme every year. WAM is an initiative of the Association for Higher Education Access and Disability (AHEAD), which offers a six-month paid mentored work experience placement to graduates with disabilities. My Department also participates in the Job Shadow Day initiative, which brings people with disabilities and local employers together for one day in the workplace.

I am also committed to ensuring members of the public have access to the necessary services in order to ensure they can suitably and effectively interface with my Department.

In accordance with Section 26(2) of the Disability Act, my Department has an Access Officer who is responsible for providing, arranging or co-ordinating assistance to persons with disabilities who wish to access the services provided by the Department of Justice. The Access Officer also acts as a point of contact for persons with disabilities who wish to access such services.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Number 157 which was for answer on 25 March 2021, where you asked if it is my Department or An Garda Síochána that set the fees for providing Garda report abstracts and any other supporting documentation relative to road traffic accidents when requested by the victim; if it is normal that victims of road traffic accidents are charged €260 for such information when requested; the way in which the charges are calculated and regulated; the legislation under which the regulations were introduced; if fees for such requests can be waived and the value of fees collected in this manner. You will recall that the information could not be obtained in the time available and I undertook to consult with An Garda Síochána and contact you again when the information is available.
I am advised by the Garda authorities that the appropriate information, as identified in legislation, is provided to all persons involved in road traffic collisions. There is no fee in respect of the provision of this appropriate information. However, where persons are seeking additional information, including a copy of the investigation file, an appropriate fee has been set to cover the administration costs incurred by An Garda Síochána for the preparation of the documentation.
The Garda Commissioner as the Accounting Officer for the Garda Vote is responsible for setting the level of fees applicable in relation to certain services.
Unfortunately, in many road traffic collision cases the accident is caused by the inappropriate actions of one of the vehicles or persons involved. Where the investigation of a road traffic collision remains ongoing and criminal proceedings are being contemplated or have already been initiated, or in circumstances where an inquest has not been completed by the Coroner, abstracts are not supplied. However, an amended/reduced abstract form containing “appropriate information” as provided for in Section 106(4), Road Traffic Act, 1961 as amended, may be provided free of charge.
Garda HQ Directive 36/2017 outlines the arrangements which apply in respect of fees for abstracts of Garda reports and copies of statements in respect of road traffic collisions. The following fee structure applies with effect from 1 January 2017:
- Fees in respect of fatal road traffic collisions will be waived.
- Fees in respect of road traffic collisions resulting in serious injury will be capped at €1,000
- Fees in respect of road traffic collisions resulting in material damage are payable as follows: :

Item

Fee

Collision Reports

Forensic Collision Report – Full Report

€400

Rough Data – Per Page

€40

Copy of Scale Plan – Other that as provided as part of full report

€50

Copy of Vehicle Examination Report (Unless provided as part of full report)

€70

Photographs

From Digital Camera (per disc)

€30

A4 Index Sheet

€20

Photographs (1st Photograph)

€25

Each Subsequent photograph

€5

Abstract of Report

Copy of Statement

€60

€40

These instructions only apply to new applications received after 1st January 2017 .
The decision regarding the appropriate fee to be charged in respect of each application is based on the PULSE classification of the road traffic collision.
These documents are not the only way for families who have lost loved ones to find out details of what happened in a collision, as it is Garda policy to appoint a Family Liaison Officer to liaise with the family of a victim of a fatal road traffic collision and to provide timely, accurate information on the progress of the Garda investigation and of any prosecution initiated.
The role and functions of the Coroner are regulated by the Coroners Act 1962. The Coroner is confined to determining who, how, when and where, the deceased person died. Members of the Garda Síochána act as agents of the Coroner in assisting him/her carrying out his/her requirements under the Act.
The Garda Decision-Making Model provides personnel within An Garda Síochána with a decision-making process which assists them in determining the appropriate course of action when responding to requests for abstracts, witness statements and other relevant documentation. The Garda Decision-Making Model is a continuous cycle, constantly subjected to review in light of new information and/or intelligence becoming available. The assessment of this information/intelligence determines the necessary Garda response to resolve the incident.
For your further information, the table below sets out the total monies collected under Garda HQ Directive 36/2017 since it came into effect on 1 January 2017.

Year

Amount

2020

€628,000

2019

€757,000

2018

€748,000

2017

€710,000

I trust this information is of assistance.
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