Written Answers Nos. 642-661
644. Deputy Catherine Murphy asked the Minister for Justice if her attention or that of her predecessors and or that of her Department officials has been drawn to the use of spyware by An Garda Síochána as part of domestic and national security investigations. [38827/22]
View answerI can inform the Deputy that authorisations for the interception of communications and surveillance are made under the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009.
Interception is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 under which the Minister for Justice may authorise bodies designated under the Act to intercept communications but only for the purposes of investigating serious crime or safeguarding the security of the State, as provided for in the Act, and only subject to a number of strict conditions that are also set out in the Act.
Surveillance is governed by the provisions of the Criminal Justice (Surveillance) Act 2009. Under section 5 of the Act, a district court judge may authorise bodies designated under that Act to carry out surveillance for the purposes of the investigation and prevention of arrestable offences and maintaining the security of the State. Section 7 of the 2009 Act provides that a member or officer of a body designated under the Act may carry out surveillance without an authorisation in cases of urgency and subject to strict conditions. Section 8 of the 2009 Act provides for the use of a tracking device where approved by a superior officer of a designated body, and subject to strict conditions.
As the Deputy may be aware, the operation of both Acts is overseen independently by serving Judges of the High Court who are designated by the Government for this purpose and report to the Taoiseach. In carrying out their functions, the Designated Judges have, by law, full access to all persons and records they consider relevant and all relevant persons have, by law, a duty to co-operate.
In addition, both Acts provide for a serving judge of the Circuit Court to act as the Complaints Referee. The Complaints Referee is empowered to receive and investigate complaints from persons who believe that their communications have been intercepted or that they might be the subject of surveillance. In carrying out her functions, the Referee has, by law, full access to all persons and records she considers relevant to her investigations and all relevant persons have, by law, a duty to co-operate with her.
645. Deputy Alan Dillon asked the Minister for Justice if she will outline the current passage of the Policing, Security and Community Safety Bill 2021; and if she will make a statement on the matter. [38829/22]
View answerAs the Deputy will be aware the Policing, Security and Community Safety Bill which has recently completed pre-legislative scrutiny, will, when enacted, deliver on the recommendations of the Commission on the Future of Policing in Ireland.
The Bill will provide a new framework for policing, security and community safety aimed at improving the performance and accountability of our policing and security services for the benefit of the safety of communities. It will make the prevention of harm to individuals, particularly those who are vulnerable or at risk, an explicit objective of An Garda Síochána for the first time and will make community safety a whole of government responsibility.
It will provide a new coherent governance and oversight framework for policing by strengthening and consolidating independent external oversight of An Garda Síochána and enhancing the internal governance of An Garda Síochána and the role of the Garda Commissioner as CEO, empowering him or her to lead the organisation and drive reform with the support of a non-executive board. The Bill will also improve the independent oversight of our national security infrastructure through the establishment of an Independent Examiner.
My officials are examining the pre-legislative scrutiny report and recommendations at present to identify what further refinements might be required in the course of drafting to ensure that the Bill delivers on its objectives supporting effective accountability and ultimately better policing and safer communities.
Extensive consultations were undertaken with key stakeholders during the development of the General Scheme of the Bill and such consultations are continuing. Work is well advanced and I hope to be in a position to publish the Bill in the Autumn and bring it before this House.
In tandem with work on the Bill, my Department has developed an ambitious programme plan for the implementation of the totality of the Policing, Security and Community Safety Bill. This programme of work includes an assessment of resourcing needs for the new model.
646. Deputy Alan Dillon asked the Minister for Justice if she will provide details on the level of consultation within her Department and the Future of Policing in Ireland Commission’s members on proposed changes to the terms and conditions of employment for An Garda Síochána staff in uniform at any rank; and if she will make a statement on the matter. [38830/22]
View answer647. Deputy Alan Dillon asked the Minister for Justice if she will provide a rationale as proposed within the Policing, Security and Community Safety Bill 2021 to convert all civil servant An Garda Síochána staff to direct AGS employees (public servants) under a chief superintendent; and if she will make a statement on the matter. [38831/22]
View answerI propose to take Questions Nos. 646 and 647 together.
As the Deputy will be aware the Policing, Security and Community Safety Bill, which has completed pre-legislative scrutiny, will, when enacted, deliver on the recommendations of the Commission on the Future of Policing in Ireland (CoFPI). CoFPI engaged in extensive consultations as part of the deliberations that informed its report and recommendations including with Garda members and Garda staff and with their representative bodies.
A central tenet of the CoFPI report is that An Garda Síochána should be a single organisation with a single workforce.
It found that more integrated workforce structures were required to leverage the different skills and perspectives of Garda members and Garda staff and thereby contribute to enhancing the capacity of the organisation to deliver better policing outcomes for communities throughout the country. To support this, CoFPI recommended that Garda staff should be recruited directly to An Garda Síochána, not to the general civil service, and should be treated as valued members of a single Garda workforce with a shared mission.
The Bill will give effect to this recommendation by providing for the Garda Commissioner to recruit and appoint Garda staff in accordance with the Public Service Management (Recruitment and Appointments) Act 2004. The Bill will also address the position of existing Garda staff.
It is important to note that no changes to the status of existing Garda staff will take place solely as a result of the enactment of the proposed legislation. A ministerial order will be required before any designation to change the civil servant status of existing Garda staff may be made. Under the Bill the Minister is required to engage with any trade union or staff association concerned and consider any representations made by them. The Bill will provide for further reassurances on the terms and conditions of existing Garda staff prior to any agreement being reached with relevant unions or associations.
Officials from my Department have been in contact with the relevant representative associations to brief them on the legislation, and are available to consult further as required.
648. Deputy Catherine Murphy asked the Minister for Justice if she will outline her plans to review the way in which family law proceedings are conducted. [38879/22]
View answerI am determined to overhaul the operation of the family justice system, to ensure we have a more efficient and user-friendly family court system that puts the family at the centre of its work. This is a key commitment in my Justice Plan 2022.
The Programme for Government contains a commitment to enact a Family Court Bill to create a new dedicated Family Court within the existing court structure and provide for court procedures that support a faster and less adversarial resolution of disputes. In September 2020, Government approved the drafting of a Family Court Bill along the lines of the General Scheme, which has been published. The General Scheme of the Family Court Bill has been referred to the Office of the Parliamentary Counsel and drafting is progressing with a view to publication of the Bill as soon as possible in 2022.
I also established a Family Justice Oversight Group to develop the first national strategy for the reform of the family justice system and to support the legislative changes proposed in the planned Family Court Bill. The focus of the Group is to drive and coordinate the modernisation of the family justice system to make it more user-friendly, streamlined, supportive and, where possible, less adversarial. The terms of reference of the Group include developing a high-level vision and medium and long-term objectives for the development of an effective national family justice system; this will be most obvious in the development of the first Family Justice Strategy and its subsequent implementation. The Strategy is currently being finalised.
As part of its work to develop the Strategy the Group engaged in a consultation process where relevant stakeholders, the public, children and young people who engage with the family justice system gave their views on how a modernised family justice system should look. A number of common issues were raised and are being considered for inclusion in the emergent Family Justice Strategy, including: a greater focus on children; the availability of and access to support services; the potential use of less adversarial approaches to the resolution of disputes, where possible and appropriate; training; information dissemination and awareness raising.
One of the areas being considered by the Group is additional training for those working within the family justice system that would benefit all those who engage with the system. The Family Court Bill will provide that specialist knowledge and ongoing professional training in the area of family law will be required to be appointed as a Family Court judge.
To bring a strategic focus to the question of judicial numbers, I have established the Judicial Planning Working Group to consider the number and type of judges required over the next five years. The Group is expected to report in the Autumn following consideration of an independent review of judicial numbers which is being carried out by the OECD. This review will be benchmarked against international comparisons.
The Government has committed to investing over €270m every year for the next five years in capital projects in the Justice Sector as part of the National Development Plan (NDP) 2021-2030, which represents a significant increase on recent years. This investment will provide for the completion of vital projects including a new family law complex at Hammond Lane. It will also be used to help fund building and refurbishment projects across the Justice sector, including in court buildings. This will be key in helping us achieve our aim of building a justice system that works for everyone.
649. Deputy Mary Lou McDonald asked the Minister for Justice if the regulation under the Data Protection Act 2018 to facilitate the transfer of information to Operation Denton has been finalised. [38887/22]
View answerI can confirm for the Deputy that I signed the Data Protection Act 1988 (Section 2B) Regulations 2022 on Tuesday 12 July. The legal mechanism is therefore now in place for An Garda Síochána to cooperate with Operation Denton.
650. Deputy Patricia Ryan asked the Minister for Justice her plans to provide improved facilities available to the State Pathologist; and if she will make a statement on the matter. [38918/22]
View answerAs the Deputy may be aware, the Office of the State Pathologist (OSP) is located together with the Dublin District Coroner on the site of the former Garda Station in Whitehall in Dublin. A recent independent report found that the current facility, completed in 2016, has provided a vastly improved standard of accommodation than what predated it, in which a substantially increased caseload has been managed.
I am committed to ensuring that the Office has the resources it needs to carry out its functions effectively. Additional pathologist and administrative resources have been assigned to the Office in recent years, including a 14% increase in funding in 2022. In light of the views of users reflected in the above report as to the current facility's suitability into the medium term, consideration is also being given to the question of developing future facilities so as to maintain a modern and efficient forensic pathology service.
651. Deputy Dara Calleary asked the Minister for Justice the number of staff who are abated under her Department in accordance with the Public Service Pensions (Single Scheme and Other Provisions) Act 2012, in tabular form. [38956/22]
View answerI can inform the Deputy that my Department does not have a record of any member of staff subject to abatement pursuant to the Public Service Pensions (Single Scheme and Other Provisions) Act 2012. We issue new entrants with a declaration regarding any previous service that they may have in the public/civil service and request that they declare any applicable pension in payment.
652. Deputy Éamon Ó Cuív asked the Minister for Justice if it is intended to publish all prison chaplain reports that were not published to date and were submitted to the governor of each prison and to the Director General of the Irish Prison Service under prison rules (details supplied);; and if she will make a statement on the matter. [39023/22]
View answerThe Irish Prison Service Chaplaincy Service has a significant contribution to make as part of the multi-disciplinary team in a prison, addressing the physical, social and spiritual needs of prisoners in a holistic way.
Each Chaplain is required under Rule 119(1) of the Prison Rules to submit a report to the Director General and to the Governor on matters relating to the provision of chaplaincy services in the preceding year. I understand that arrangements are being made to publish the full suite of Chaplains' reports for 2021 on the Irish Prison Service website www.irishprisons.ie in the third quarter of 2022.
653. Deputy Éamon Ó Cuív asked the Minister for Justice when she received the report of the Inspector of Prisons on the Dóchas Centre (women’s prison); when it will be published; the actions taken by her as a result of the recommendations in the report; and if she will make a statement on the matter. [39035/22]
View answer657. Deputy Catherine Murphy asked the Minister for Justice the specific processes that are impacting on the publication of unpublished reports of an organisation (details supplied), that is disciplinary, grievance, audit, financial, protected disclosure and data protection given the unpublished reports by the inspector of prisons. [39142/22]
View answer658. Deputy Catherine Murphy asked the Minister for Justice the number of unpublished inspector-of-prisons reports that are in her possession; and the reason that they remain unpublished. [39143/22]
View answerI propose to take Questions Nos. 653, 657 and 658 together.
Based on legal advice received by my Department, it is not proposed to publish, at this time, a three day monitoring report (August 2020) or a section 31(2) (February 2022) report received from the Inspector of Prisons in relation to the Mountjoy Women’s Prison (Dóchas Centre).
I have also now received a supplementary report requested by me in relation to matters arising from the section 31(2) investigation and this is being considered in conjunction with the earlier reports.
In addition to these reports, I received one Death in Custody report on 14 April 2022 and a further two on 19 May 2022. I also received the Inspector of Prisons Annual Report for 2021 on 19 May 2022. These reports are being reviewed by officials in my Department with a view to publication in the near future.
The following revised reply was received on 16 January 2023.
Based on legal advice received by my Department, it is not proposed to publish, at this time, a three day monitoring report (August 2020) or a section 31(2) (February 2022) report received from the Inspector of Prisons in relation to the Mountjoy Women’s Prison (Dóchas Centre).
I have also now received a supplementary report requested by me in relation to matters arising from the section 31(2) investigation and this is being considered in conjunction with the earlier reports.
In addition to these reports, I received one Death in Custody report on 14 April 2022 and a further two on 19 May 2022. I also received the Inspector of Prisons Annual Report for 2021 on 19 May 2022. These reports are being reviewed by officials in my Department with a view to publication in the near future.
654. Deputy Éamon Ó Cuív asked the Minister for Justice further to Parliamentary Question No. 299 of 12 May 2022, if she has yet received the information she sought from An Garda Síochána given the fact that two months have elapsed since the question was asked; if she will follow up on this matter; and if she will make a statement on the matter. [39046/22]
View answerBoth the Government and the Garda Commissioner are committed to increasing diversity within An Garda Síochána and ensuring that all communities can see themselves reflected in our police service.
The Deputy may be aware that the last Garda recruitment competition prior to the 2022 competition, was held in 2019. I am advised by the Garda authorities that the below table provides the breakdown by ethnicity of applicants for the 2019 competition. This was the first time applicant's ethnicity was recorded. It should be noted that the information provided by candidates was anonymous and non-mandatory.
|
Ethnicity |
Total |
% |
|
White - Irish |
4554 |
87.6 |
|
White - Irish Traveller |
14 |
0.27 |
|
White - Any other white background |
347 |
6.68 |
|
Asian or Asian Irish - Any other Asian |
68 |
1.31 |
|
Asian or Asian Irish - Chinese |
7 |
0.13 |
|
Black or Black Irish - African |
23 |
0.44 |
|
Black or Black Irish - Any other Black |
8 |
0.15 |
|
Other including mixed background |
37 |
0.71 |
|
Other |
38 |
0.73 |
|
Prefer not to say |
101 |
1.94 |
|
Total |
5197 |
100 |
I am further advised that diversity information relating to individuals recruited into An Garda Síochána as part of this competition was not recorded, and ethnicity records are not available as a result.
In the current 2022 competition, diversity records will be collected from application through recruitment and appointment in line with action 08a of An Garda Síochána’s Equality, Diversity & Inclusion Strategy Statement & Action Plan 2020 – 2021.
655. Deputy Pauline Tully asked the Minister for Justice the number of gardaí stationed in the Cavan Monaghan division in each of the past five years; the rank of each of these gardaí, the unit in which each of these gardaí serve; and if she will make a statement on the matter. [39119/22]
View answer656. Deputy Pauline Tully asked the Minister for Justice the number of gardaí currently stationed in the Cavan Monaghan division; the rank of each of these gardaí, the unit in which each of these gardaí serve; and if she will make a statement on the matter. [39120/22]
View answerI propose to take Questions Nos. 655 and 656 together.
As the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
For the Deputy's information the attached spreadsheet, which was provided to me by the Garda authorities, sets out the number of Gardaí assigned to Cavan/Monagan Division at end December 2017 up to end December 2021, and at 31 May 2022 the latest date for when figures are available. At the end of May 2022, there were 385 Gardaí assigned to this division, which was an increase of 56 Gardaí (or 17%) on the number assigned to this division at the end of 2017.
I hope the Deputy will appreciate that, for sound operational and security reasons, An Garda Síochána does not provide information on specialist units by Garda Division.
However, the tables below which have been provided to me by the Garda authorities set out the number of Gardaí assigned to the Cavan/ Monaghan Divisional Drugs Unit and Roads Policing duties at end December 2017 up to end December 2021, and at 31 May 2022, the latest date for when figures are available.
|
CAVAN / MONAGHAN - ROADS POLICING |
2017 |
2018 |
2019 |
2020 |
2021 |
31/05/2022 |
|
Total Gardaí assigned |
18 |
26 |
22 |
18 |
18 |
16 |
|
CAVAN / MONAGHAN - DIVISIONAL DRUGS UNIT |
2017 |
2018 |
2019 |
2020 |
2021 |
31/05/ 2022 |
|
Total Gardaí assigned |
5 |
4 |
6 |
4 |
3 |
3 |
The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2022 of over €2 billion.
I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.
In the interests of transparency, further detailed information in relation to Garda numbers can be found on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.
The information can be found at the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
659. Deputy Thomas Gould asked the Minister for Justice the number of applications that she has received from Cork under the Community Safety Innovation Fund; and if she will list the organisations that have applied. [39207/22]
View answerThe development of the Community Safety Innovation Fund is a key commitment under Justice Plan 2022 which will have a significant impact on the development of community safety projects throughout the country.
As the Deputy will be aware, my Department opened applications for the new Community Safety Innovation Fund on 11 April 2022.
The new fund will use money seized from the proceeds of crime to support investment in innovative community safety projects. This a fitting reflection of the successful work of An Garda Síochána and the Criminal Assets Bureau in identifying and seizing proceeds from criminal activity.
The fund has an initial allocation of €2 million under Budget 2022, and I expect this funding to grow in future to continue to reflect the successes of An Garda Síochána, the Criminal Assets Bureau and other agencies involved in denying criminal elements the benefits of their enterprises. Of course, any future allocations to the fund will be subject to the usual budgetary processes.
The new Community Safety Innovation Fund closed for applications for its first year of operation on June 8 2022. I can confirm that my Department has received three applications from Cork, and one further application that proposes to cover Cork under its activities.
The process of initial eligibility assessment and scoring of the applications is ongoing and will continue through the summer. I expect that grants will be made to the successful applicants in the autumn.
660. Deputy Thomas Gould asked the Minister for Justice the number of gardaí currently working in each of the garda stations in Cork, by rank, in tabular form. [39208/22]
View answerAs the Deputy will be aware, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, which includes decisions on the deployment of personnel among the various Garda Divisions. As Minister, I have no role in these matters.
For the Deputy's information the attached spreadsheet, which was provided to me by the Garda authorities, sets out the number of Gardaí assigned to Cork City, Cork North, and Cork West Divisions at 31 May 2022, the latest date for when figures are available.
The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2022 of over €2 billion.
I understand that it is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.
In the interests of transparency, further detailed information in relation to Garda numbers can be found on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána, and includes the number of Gardaí by station across the whole country.
The information can be found at the following link:
www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
661. Deputy Thomas Gould asked the Minister for Justice if she will provide an update on the Adult Diversion Programme; the number who have availed of it in 2022; and the plans to improve the programme. [39215/22]
View answerI have requested the information sought by the Deputy, which regrettably was not available in the timeframe available. I will write to the Deputy when this information is to hand.
