Vol. 939 No. 2
5. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality if she will provide a report on her recent meeting with the United Kingdom Home Secretary; and if she will make a statement on the matter. [7609/17]
I am asking for a report from the Minister on her recent meeting with the UK Home Secretary and for her to make a statement on the matter.
I met with the Home Secretary, Amber Rudd MP, last Monday, 6 February in London. Discussions between the Home Secretary and myself focused on the ongoing co-operation between Ireland and the United Kingdom on criminal justice and security matters. These meetings form part of the regular engagement my Department has with our counterparts in the UK to support ongoing co-operation on these important issues.
As the Deputy knows, formal negotiations have not yet begun following the UK's decision to leave the EU. Any discussions with our UK counterparts will take full account of that, but there is a range of issues that is important for us to discuss. I want to continue the excellent co-operation. I highlighted how important it was, for example, that we had co-operation on the European arrest warrant and other EU justice and home affairs legal instruments. We need to continue the level of co-operation we have at present after the UK exits the EU. The precise mechanisms by which we will be able to do that are not clear at present, but I wanted to highlight how well that has worked. We do not want to go back to the old ways of doing it.
We also spoke about the common travel area, its importance to the people of both Ireland and the UK and how vital it is in the context of Northern Ireland. When I was in London, I also had a separate meeting with the Secretary of State for Northern Ireland, James Brokenshire, MP. Our discussion was very much focused on the common travel area, its importance in the context of the peace process and the need for all parties to re-engage in the political process in Northern Ireland.
My meeting with the Home Secretary was very helpful, focusing primarily on the criminal justice issues. There is a huge amount of EU legislation and both Irish and UK legislation that will be impacted. My Department has been examining this over the last number of months. It has done very extensive work on examining the implications for this legislation given the Brexit context.
I thank the Minister for her reply. I acknowledge the ongoing co-operation that exists between her and the UK Home Secretary. The common travel area and the rights of Irish people north and south of the Border to free movement on the island of Ireland are hugely important.
There has to be concern about the rights of Irish citizens that are living in the UK as well. I do accept that the mechanisms are not in place yet with regard to Brexit. However, from looking at the recent White Paper on Brexit from the UK Government, I would have some concerns. For example, the priority given to the strong and historic ties with Ireland and to maintaining the common travel area is a good thing. However, there is a contradiction where it specifically says "while protecting the integrity of the UK's immigration system". The UK pledge to maintain the travel area comes with a strong qualifier. It may even be a disqualifier.
It has long been the case that as part of the common travel area arrangements, Ireland and the United Kingdom co-operate very closely on jointly securing the external border of the common travel area. We will continue to co-operate and strengthen that co-operation in the future. The common travel area has been in existence since Irish Independence. It allows freedom of travel between the two jurisdictions. It is a unique arrangement. It is extremely important that we get that across to other member states because Ireland remains an extremely committed member of the European Union. I met with Mr. Barnier to discuss that and to go into the detail of how it operates. We have a huge amount of co-operation and we do not see that changing.
I welcome the publication of the British White Paper, which provides further details on the issues addressed by the Prime Minister in May. The Deputy raises a particular point about that speech. I would say that the analysis of the issues raised and the assessment of their potential implications for Ireland is continuing. I believe the specific section on Ireland-UK relations reflects the strong ties between our two countries; it is specifically noted.
I thank the Tánaiste for the ongoing work in this area, which is of huge importance to us on many levels.
With regard to another issue in the Brexit White Paper on controlling immigration, the language is very definitive in that it explicitly states: "We will have control over the number of EU nationals [Irish people are EU nationals] coming to the UK.". It further states: "In future, therefore, the Free Movement Directive will no longer apply and the migration of EU nationals [which we are] will be subject to UK law.". I believe those are conflicting priorities. I put it to the Tánaiste that given the interpretation the British Prime Minister puts on the Brexit referendum, it is a mandate to control immigration, as she has stated many times, and that the priority given to links with Ireland will play second fiddle to the commitment to limit EU immigration. That may have unintended devastating consequences for the people of Ireland, north and south of the Border.
As I said, it has been an absolute priority at every engagement Irish Ministers have had with their UK counterparts to highlight our priorities regarding Brexit. They are about the common travel area and maintaining the peace process. We have had a variety of statements from UK Ministers highlighting how much they value the common travel area. Article 50 has not been triggered yet. There will be ongoing discussions on this issue but the commitment has been very clear. We will continue to prioritise and highlight in all our discussions the importance of the common travel area. I am reassured by my meetings with both the Home Secretary and the Secretary of State for Northern Ireland that they both value and understand the importance of the common travel area to our two countries and our people.
6. Deputy Margaret Murphy O'Mahony asked the Tánaiste and Minister for Justice and Equality the status of the review of the role of the National Disability Authority; when the review will be completed; and if she will make a statement on the matter. [7613/17]
I ask the Tánaiste and Minister for Justice and Equality the status of the review of the role of the National Disability Authority, NDA. When will the review be completed, and will she make a statement on the matter?
I thank Deputy Murphy O'Mahony for tabling this very important question. A Programme for a Partnership Government contains a commitment to review the role of the National Disability Authority. This is a good opportunity to review the role and functions of the National Disability Authority and to consider whether changes are appropriate in the context of the changes in Irish society and the position of people with disabilities since its establishment in 1999. I am committed to ensuring that the review process will be open, objective and consultative and will be undertaken with participation by all relevant stakeholders, including the authority board and staff interests.
As the Deputy will be aware, we are in the process of finalising a new national disability inclusion strategy and I believe it is appropriate that the review be undertaken in the context of the new strategy's priorities. The new strategy will be in place shortly, and I anticipate that we will then be able to commence the review of the authority, with the first step being to scope out terms of reference soon afterwards.
As the Minister of State said, A Programme for a Partnership Government contains a commitment to review the role of the National Disability Authority. Was that included at his behest during the negotiations and, if so, why did he ask for it? I was talking to someone who works in the area of disabilities who said it would be interesting to find out the nature of this review and what it is trying to find out. The Minister of State might throw some light on that.
The Minister of State also said that there is a good opportunity to review the role and functions of the National Disability Authority and to consider whether changes are appropriate in the context of the changes in Irish society and the position of people with disabilities since its establishment in 1999. Will the authority's role be enhanced with the ratification of the United Nations Convention on the Rights of Persons with Disabilities?
The Minister of State also mentioned undertaking the review in the context of a new national disability inclusion strategy. When will the strategy be published?
The plan for the review will be extremely positive. I worked very closely with the Minister, Deputy Fitzgerald, during the negotiations on this issue because it is very important. We have very competent people in the NDA and I work very closely with them. In the past 12 months, I have also met over 4,000 stakeholders, including parents of children with disabilities, adults with disabilities, service providers and the broader disability community, and we will ensure that this will be a progressive and inclusive strategy. I accept the point that it has taken longer than everyone hoped it would take but as the Deputy will be aware, one of the reasons for the delay was the 2016 general election and the subsequent length of time it took to form a new Government. Work on the strategy was suspended during those months, and the lengthy consultation process was a further reason for the delay. However, I stand over the amount of time put aside for the process, which was extremely worthwhile and generated a significant number of suggestions, feedback and positive inputs which were incorporated into the strategy. I am determined that the strategy will be successful and implemented and that it will make a difference to the lives of people with a disability. This was a very important issue during the talks on a programme for Government.
I thank the Minister of State.
I am sorry. I forget to mention the UN. I will come back on that.
Another question I have been trying to raise for a while is whether, in the Minister of State's opinion, the Department of Justice and Equality is the correct home for a national disability authority and disability policy in general. I accept this was a very busy week for the Department of Justice and Equality but I do not believe it is the right home for it. I know that many who advocate for people with disabilities believe that the wider justice agenda means the Department is never fully focused on people with disability.
With regard to the national disability inclusion strategy and the role of the NDA, does the Minister of State consider that another Department would be a better home? In our election manifesto, we included a pledge to create a Department of social protection and disability inclusion. The Minister of State also has a role in social protection and while I do not expect him to criticise the support he gets from the officials in the Department of Justice and Equality, the sheer scale of the other issues the Department must deal with, as happened this week, means that crucial work within the disability sector is being overlooked, although perhaps not intentionally. The Department of Justice and Equality has too many irons in the fire and I ask if it could be brought under the Department of Social Protection.
First, I work very closely with the Minister, Deputy Frances Fitzgerald, on this issue because as far as we are concerned, we have a vision to include people with disabilities in the broader equality agenda. Second, my job, as Minister of State with responsibility for disabilities, is to deal specifically with the issues the Deputy has raised.
As the Deputy knows, it is referred to as a super junior. Of course, in an ideal world, I would prefer if it was a senior Ministry in its own right. We raised this during the talks. I accept the Deputy's point. The Deputy also mentioned that Fianna Fáil proposed a Minister for social protection and disability and I was very conscious of that at the time. Given the events this week work on the Disability (Miscellaneous Provisions) Bill has been derailed. I was supposed to be in the House last week to bring in the particular Bill. I believe it will be back in the Chamber in the next two weeks. I will be listening to the suggestions made by Deputies Murphy O'Mahony and Jonathan O'Brien on disability and the issue of equality. That is the answer to the question.
With regard to the UN convention, we are at a very advanced stage. There are number of technical and legal issues to be resolved. They are with the Office of the Attorney General. There are other smaller delays at the Department of Health. I am determined we will ratify the UN convention as quickly as possible.
7. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if the Government has requested the extension of the Pitchford inquiry to include the activities of the British undercover police while here; and if she will make a statement on the matter. [7624/17]
Last week on Leaders' Question, I raised with the Taoiseach the work of the four British undercover police officers whom we know of who operated in this State. They are Mark Kennedy, Jim Boyling, Mark Jenner and John Dines. I raised the need for the Irish Government to join the Scottish, German and Northern Irish Governments in seeking the extension of the Pitchford inquiry to include the operations of those undercover officers in this State. The Taoiseach said the Minister, Deputy Charles Flanagan, would raise it with James Brokenshire last week and would issue a statement, which still has not been issued. Have we made any progress on this?
The UK's undercover policing inquiry was established by the British Government in 2015 in order to investigate and to report on the undercover police operations conducted by English and Welsh police forces in England and Wales since 1968. It is chaired by Lord Justice Christopher Pitchford. That was a matter solely for the British Government in accordance with UK law. It is established under the UK Inquiries Act 2005, which does not provide powers for extraterritorial inquiry.
The Deputy mentioned other countries. I understand they made representations seeking the extension of the inquiry's terms of reference but the UK Home Secretary, having considered those representations, decided that the terms of reference of the inquiry would not be so amended.
Although in this context, the question of my seeking the extension of a UK inquiry does not arise, as I have indicated on several occasions, should anything emerge from the findings of the Pitchford inquiry that would be relevant to policing in this jurisdiction I will consider it fully and take any action that may be required.
The Deputy is correct that my colleague, the Minister, Deputy Flanagan, met the Secretary of State for Northern Ireland on Tuesday and, as part of their wider discussions, raised with him concerns that have been expressed in the House on matters relating to the Pitchford inquiry. The Secretary of State for Northern Ireland agreed to convey those concerns to the Home Secretary.
Allegations regarding an undercover police officer in this jurisdiction were first brought to light in 2011. A report from the Garda Commissioner at that time noted that no evidence of any criminal activity by that person had been established. Of course, if there was any evidence, and if anybody has any evidence of criminal wrongdoing, it should be brought to the attention of the Garda.
Does it not concern that Tánaiste that four men were in this country operating as undercover British police agents? It has now been admitted, with an apology from the Met, that all of them had intimate relationships with women. One of them, Mark Kennedy, started a relationship with Sarah Hampton, who has written to the Minister repeatedly without getting responses. The Minister does not seem to want the extension of the inquiry. There is logical inconsistency in saying "should anything emerge from the findings of the Pitchford inquiry". Nothing will emerge about Ireland unless Ireland is included in the inquiry. Why does the Minister not request the extension? British police officers were operating undercover in this State. We do not really know whether they had the permission of the Government, the Department of Justice and Equality or the Garda. They were operating here. I know one of them was arrested. I know Mark Kennedy was here on multiple occasions. He was operating as an undercover police officer. How is it-----
I want to give the Deputy the usual caution to avoid naming people in the House.
He has been named repeatedly in the House.
Well, he will not be named repeatedly today.
Mark Kennedy. Mark Kennedy. Mark Kennedy. I will name him a lot.
I am sorry, Deputy, that was a gentle reminder.
That is fine. There is no logical reason not to request the extension. In the North an extension was requested and it was denied, but there was a court case which has now opened up to a full hearing. Why do we not request an extension of the Pitchford inquiry?
I have already told the Deputy what the situation has been when other countries requested it. The Home Secretary, having considered the representations, decided the terms of reference of the inquiry would not be amended. That is the first point, which is a really practical point on the UK approach to any extension of the terms of reference.
The Deputy mentioned a particular person. Speaking generally, the Garda authorities are aware, of course, of allegations in respect of the presence here in the past of a person who has been the subject of media reports. A report from the Garda Commissioner on these allegations makes clear that no evidence has been established that the individual in question was involved in any criminal activity here in Ireland. Obviously, as I have said to the Deputy, and I do not know if this is what he is implying, but if there is any question of criminal activity clearly it should be brought forward. If the Deputy or anybody else has evidence of it, that should be brought to An Garda Síochána. That is the information I have on the point the Deputy has made.
Let me be really clear. Sarah Hampton says she felt raped as a result of this relationship with this undercover police officer.
I am sorry, Deputy.
What do you mean "No"?
Why are you trying to interrupt me?
Resume your seat for a moment. It is a long-standing tradition of the House that we do not name people in the House for obvious reasons.
I did not even name him that time.
Well, you did. You named a person.
I named Sarah Hampton.
I am sorry, Deputy.
Yes, you should be sorry because this is all on the public record.
I do not know what game you are playing. Hold on now. You either abide by the rules the same as everybody else-----
I am abiding by the rules.
-----or we will move on. It is as simple as that. Name somebody again and I am moving on.
I will give the same quote I gave on Leaders' Questions last week. She said she felt she had been raped, that she never consented to sleeping with a police officer. Does the Minister not have a concern about this? She had relations with somebody-----
Deputy-----
What?
This is not a court of law and I do not want it used as a court of law and neither does the House.
That is fine.
It is not in accordance with the rules of the House. I am sorry.
That is fine. I am asking the Minister a question as to whether she has any concerns about-----
Well you do not have to name the person.
That is fine. I did not name him again.
Deputy, please do not go there.
If somebody has been raped of course I would have concerns, whatever the context. If there is evidence of this, clearly it should be brought to the attention of An Garda Síochána. I would assume if it has there will be a file and an effort to investigate it if there is evidence to be pursued in the courts. Asking me whether I would have concern about a woman who has been raped, of course I would, whatever the context.
Going back to the broader point the Deputy is making, and in a broader context than the particular point the Deputy has put on the record of the House, it is the advice of the Garda authorities that assistance from police services from other jurisdictions in intelligence gathering is a recognised and necessary tactic for managing circumstances where persons from outside the jurisdiction who are unknown to local police may seek to engage in criminal activity here, including a variety of activities which could be protests. This is entirely an operational matter for An Garda Síochána and it is carried out in accordance with its functions as set out in the Garda Síochána Acts. Neither I nor the Department have any involvement whatsoever in such arrangements. There is no question of anybody in that circumstance being permitted to engage in criminal activities. I hardly need to say that. Of course they would not in any circumstances.
Any evidence of criminality would have to be pursued fully by the Garda authorities. There is no question of a police officer from outside the jurisdiction exercising police powers here.
8. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if she will publish the report into the activities of an undercover British police officer (details supplied) received by her Department from the Garda Commissioner in 2011; if she will publish the report currently being compiled on that issue; and if she will make a statement on the matter. [7625/17]
Will the Minister publish the 2011 report of the Garda Commissioner, to which she has previously referred? Will she publish the report which is currently being compiled on the issue? Will the current report examine all 116 undercover operators and agents identified through the process in Britain, to see which ones operated in Ireland and which may have violated human rights here?
The Commissioner’s report explained that the assistance of police officers from other jurisdictions in intelligence gathering may be a necessary tactic in the circumstances where external activists whose identities are unknown to local police seek to engage in certain activities that need to be investigated.
The report also stated that the capacity of An Garda Síochána to enter into such arrangements was vital in the interests of national security and that the maintenance of confidentiality was an essential feature of any such arrangements. The clear view of the Garda authorities is that to disclose the details of any particular intelligence co-operation would impair the ability of An Garda Síochána to enter into such arrangements. I must, of course, have due regard to the views of the Garda Commissioner in respect of these operational policing matters.
In light of developments which have taken place outside this jurisdiction since these matters first came to light, including the establishment by the UK Government of the Pitchford inquiry, I have requested a fresh report from the Garda Commissioner on any issues arising. I have been informed by the Garda authorities that they have met at a senior level with their counterparts in the London Metropolitan Police Service in respect of this issue and will remain in ongoing contact with them.
I will fully consider this report when it is available, including the issue of whether it may be suitable for publication. We have to think of the context of intelligence gathering and security and it may not be feasible to publish it.
This is a question of human rights and the right to privacy. The Minister seems to be suggesting that it is okay for undercover police agents to come here and be involved in police protest, even though this guy brought over the protestors with whom he was protesting. Sarah Hampton, one of the victims-----
The Deputy is wandering off again.
I am not wandering off at all.
I am warning the Deputy.
She writes, "I find it shocking that via my solicitor ... I have informed the Minister of Justice about such issues via legal letters dated 17 May 2016 and again on 20 December 2016, yet to date I have received no reply although both letters were even reported in the media." Why has the Minister not replied to Sarah Hampton on the various concerns she has raised?
I have brought to the attention of the Deputy about three times-----
What precisely is the rule in this case?
If the Deputy tries that once more I am moving on.
It is the most arbitrary and unfair-----
It is unfair that the Deputy is not in a court, because that is the place to do such a thing. Naming people in the House is out of order and he knows that.
People are named all the time.
The Deputy does it all the time but he will not do it today.
The Deputy has spoken about a rape allegation by a particular person, whom he has named. I cannot and will not start discussing individual cases. Where information is brought to my attention about operational matters relating to a crime, I will ensure it is passed to the relevant people, as I have done, for proper investigation and follow-up.
We cannot hide behind the bluster of the Acting Chairman. She says:
I have many unanswered questions regarding Ireland. I want to know if Irish authorities knew what [the man in question] was doing, and I want details about his operations in Ireland.
That is reasonable, considering his experience. She also asks:
- Did you allow him to develop intimate relationships with women in your jurisdiction?
- Was he operating with the full permission of the Irish authorities?
- Do you have police files on me?
- To what extent has my right to privacy been invaded by the Irish authorities?
These are questions for the Minister for Justice and Equality but the Minister has refused to respond to her letters. I am not sure what the Minister is suggesting she should do. Has the Minister raised the case with her counterpart? She replied to a question earlier to the effect that she had met with the Home Secretary, Amber Rudd, in the past week and she would seem to me to be the appropriate person to meet. I do not understand why it was being raised with the Secretary of State for Northern Ireland, James Brokenshire. Will the Minister answer the letters Ms Hampton has written to her, including legal letters?
If the Deputy wishes to correspond with me directly on these points, I will be happy to come back to him on them.
9. Deputy Jack Chambers asked the Tánaiste and Minister for Justice and Equality the status of new roadside drug testing on motorists, including the number of tests that have been carried out; the number of tests that have resulted in positive detection of drugs; the number of prosecutions; the number of convictions that have resulted from roadside drug testing to date; and if she will make a statement on the matter. [7623/17]
I ask for an update on the roadside drug testing on motorists, including the number of tests that have been carried out, the number of tests that have resulted in positive detection of drugs, the number of prosecutions, the number of convictions that have resulted from roadside drug testing to date, and if she will make a statement on the practical implementation of a welcome Bill that progressed through the House last year.
I thank the Deputy for raising this important issue. I have discussed road safety already today with Deputy O'Callaghan. I am deeply conscious of the serious issue of road safety and mindful of the increase in 2016 of road traffic fatalities and the consequences for everyone.
The Deputy will be aware that I have no direct role in the enforcement of road traffic legislation, which is an operational matter for the Garda Commissioner. Road traffic legislation is the responsibility of my colleague, the Minister for Transport, Tourism and Sport, Deputy Shane Ross. I am, however, informed that the Department of Transport, Tourism and Sport is working with key stakeholders to introduce the new roadside tests for drugs, which will be known as preliminary drug tests. It is intended that the provisions will be commenced at the Easter bank holiday weekend. This will allow time for all stakeholders to prepare for introduction, and will provide a valuable opportunity to highlight the dangers of drug driving over the bank holiday weekend. Until the 2016 Act is commenced, the Courts Service is not in a position to supply conviction statistics requested by the Deputy as there is no code for the offence of failing a roadside drug test.
I look forward to the introduction of the preliminary drug tests and am confident that these new road traffic enforcement measures will impact positively on road safety. Road safety is a shared responsibility, in society and across various Departments. We have to work together in partnership to highlight the dangers and educate the new generation of young men who are vulnerable at the moment, whether it is from drugs or alcohol.
There are regular meetings involving me and departmental officials, the Minister for Transport, Tourism and Sport and the Road Safety Authority to highlight the work being done. The recent campaign on alcohol and driving, which featured a brave family, was very effective but it will be interesting to see how public attitudes changes as the new drugs legislation is introduced. I have given details of the commencement of the provisions and there will be further co-operation with stakeholders.
I welcome the fact that the legislation is being commenced during the Easter break, which is a time when people engage in different types of behaviour, sometimes excessively.
A study undertaken by the County Kildare coroner showed that in 2014 over 1,300 samples from drivers were analysed for drugs, of which 58% tested positive. Some 52% were positive for two or more drugs. We have therefore seen a growth in poly-drug use that is beyond the scope of drug-related issues in this Act. Drug-related behaviour contributed to many traffic incidents but roadside testing was not intervening. It is, therefore, positive that the Road Safety Authority and the Department are commencing this testing at an appropriate time of year.
The Road Safety Authority should ratchet up its own campaign to raise public awareness that it is commencing. It will deter people from engaging in reckless behaviour on the roads, such as consuming drugs before driving. I welcome the new information from Minister and hope that it will reduce road fatalities.
An Garda Síochána has announced that there will be a 10% increase in the traffic corps in the course of this year, which should greatly help with enforcement. At the meeting I referred to, An Garda Síochána said it was intended to have a stronger focus on road traffic enforcement in the training provided to new recruits at Templemore. This is important given that we are recruiting so many new gardaí.
Section 29 of the Road Traffic Act is being reviewed with the intention of ensuring that all drivers caught while drink driving will in future receive a mandatory disqualification. I hope that the Deputy's party will support that measure when it is introduced before this House.
10. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to allow Garda associations access to the industrial relations mechanisms of the State; and if new restrictions on members of An Garda Síochána going on strike or taking other forms of industrial action are to be brought forward. [7629/17]
I wish to ask the Tánaiste about her plans to allow Garda associations access to the industrial relations mechanisms of the State, and if new restrictions on members of An Garda Síochána going on strike will be introduced.
Just a few days ago, in fact, I had a meeting with one of the Garda representative associations to discuss this important issue. The Government has made it clear that it is committed to introducing legislative change to give Garda associations the right of access to the Workplace Relations Commission and the Labour Court. We are certainly not resiling from that commitment, as I assured the Garda representatives when I met them.
In December last, I went to Government and got approval for drafting the heads of a Bill to achieve this objective. Many different issues fall to be considered in this context. These include the status of the Garda associations established under the Garda Síochána Acts and the related question of constraints on members taking industrial action.
To assist in the consideration of these, we have a new working group, which is chaired by Mr. John Murphy, the recently retired Secretary General of the Department of Jobs, Enterprise and Innovation. They will have responsibility for the legislation. My Department, the Department of Jobs, Enterprise and Innovation, the Department of the Taoiseach, the Department of Public Expenditure and Reform, Garda management and the Workplace Relations Commission are represented on the group. I have asked that group to meet at an early stage with the Garda associations, so that their submissions and views on this matter can be fully taken into account in the work that is going on. I want to have an effective structure to support harmonious industrial relations within An Garda Síochána and which are appropriate to the force.
There are many key issues and if the Deputy would like to make a submission to that group I would welcome it. They are complex issues, including the critical one of how An Garda Síochána interacts with our society and what kind of limits there may or may not be concerning them in future.
I am glad to know that the working group is up and running. It is important to consider how best members of An Garda Síochána can access industrial relations mechanisms. They should have that access. At the end of last year, we faced a difficult prospect for this country when strike action was threatened by a number of Garda associations. In fairness to them, they probably had to threaten that because they did not have access to the full industrial relations mechanism. However, it is a difficult and dangerous situation for the public if members of An Garda Síochána can go on strike.
I remain of the view that section 59 of the Garda Síochána Act precludes members of An Garda Síochána from going on strike. There was much debate at the time as to whether that was so. In light of any ambiguity that may exist in respect of section 59, does the Tánaiste propose to bring forward legislation to expressly outlaw strikes in An Garda Síochána?
This is an issue about which there was much concern and discussion given the events of last year. It is one of the many complex issues that will have to be considered carefully. It is critical that we have effective and robust mechanisms in place for industrial relations in An Garda Síochána. The question of a trade union is one of the key issues but there are a number of other issues we must consider. Trade union status gives rise not just to a series of protections for such organisations but also to a series of constraints. The task for the months ahead is to look carefully at what would be appropriate in a policing context. That is what the working group has been established to consider, given the changed status in regard to An Garda Síochána's access to the Workplace Relations Commission and to the Labour Court. I certainly want to have consultations. It is also a big societal issue; it is a broader issue than for An Garda Síochána alone. It is a crucial issue in terms of the safety and protection of our society.
I recognise and respect the right of workers to withdraw their labour and strike. However, when it comes to certain institutions and certain State employees there must be a question mark over that. I would certainly limit that to An Garda Síochána and judges. The former is responsible for the protection of the State, while the latter group is responsible for the administration of justice. This will all be considered in Mr. Murphy's report to which the Tánaiste has referred, particularly in respect of gardaí. It is important that the State adopts a position in respect of it. My understanding of the law at present is that gardaí cannot go on strike. If there is any ambiguity about that we need to bring it back to this House so that the elected representatives can make a decision on whether they wish to put specific laws in place to deal with the matter. I want to know when we can expect to have that report.
The working group considering these matters is to report by 31 May. Receipt of that report will allow for the drafting of the heads of the Bill to be undertaken. We must have this legislation in place by the end of the year, so this might be something for the Joint Committee on Justice and Equality to consider. I totally agree with the Deputy that this is a topic for consideration by the entire House. We certainly need to get the views of everyone on it. It is a central issue. People were extraordinarily upset, understandably, at the prospect of that withdrawal of service. We saw how serious the situation was and the huge consequences that would have arisen if that had gone ahead. The working group will report by 31 May.
Question No. 11 is in the name of Deputy Jan O'Sullivan who is not present.
Question No. 11 replied to with Written Answers.
12. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the status of her recent meeting with the United Kingdom Home Secretary. [7627/17]
I wanted to ask the Tánaiste about her recent meeting with the UK's Home Secretary but the Tánaiste already dealt with that matter when answering Question No. 5. Consequently, I do not need her to answer that question again.
Thank you, Deputy. We will move on to Question No. 13 in the name of Deputy Jonathan O'Brien.
13. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will provide a list of Garda stations that do not currently have PULSE access. [7616/17]
I want to ask the Tánaiste for details on how many Garda stations do not have access to the PULSE system.
I thank the Deputy for his question. I think I have put this on the record before. I am advised by the Garda authorities that there are currently some 178 stations that are not connected to the Garda network.
Members in non-networked locations can contact the Garda information services centre 24 hours a day to log an incident or access information from the PULSE system if required. As such, while those stations do not have direct access, they have an alternative in the 24-hour provision.
We have to move ahead and prioritise technology projects in An Garda Síochána. I brought the first working group together between the Department of Public Expenditure and Reform, the Department of Justice and Equality and An Garda Síochána to look at Garda IT requirements and we are now investing approximately €300 million in this area.
We have to introduce mobile technology solutions to allow operational gardaí to access core information including PULSE while on duty and away from Garda stations. Providing members with real-time information and mobile devices, as well as enabling investigation teams to collect and share information digitally, will improve the effectiveness of the service provided to communities.
The network will be expanded throughout 2017 to ensure that additional stations gain access to the relevant systems. Garda information systems such as PULSE will also be modernised to ensure that members have quick access to timely and accurate information.
The Government is certainly supporting them. When I had the working group in place, there was a commitment of over €205 million and that has been added to. I have asked the Garda Commissioner for the specific information requested by the Deputy and will revert to him when it is to hand.
When I asked about this matter in October, I was given the number of 167 stations, which was a clerical error because in January 2017 there were 187 stations without access. That is now down to 178, meaning that a handful of stations have been connected in recent weeks. The Minister will say that this is an operational issue for An Garda Síochána, but the modernisation and renewal programme for the period 2016 to 2021 that is being rolled out by the force focuses more on rural stations which are not connected. The priority is to get those connected to the system through mobile technology. However, that is not always the case. In my county of Cork, over one third of stations are not yet connected to the PULSE system. As the Minister said, a great deal of funding has been invested in this area. Does she have any set figures on the number of stations she would like to see covered in 2017? How quickly will the roll-out of the new modernisation and renewal programme take place?
It is essential that we get to the point where gardaí have access not only to PULSE but to broader mobile technology solutions. It is essential. I have seen in other countries how police can access a whole range of information on their mobile phones. We must get to that point here. I knew when I became Minister that we needed this new investment. That is there and the issue is one of the priorities for the coming year. It is a priority under the Garda Síochána modernisation and renewal programme to which the Deputy referred as it must be because that is the shape of effective 21st century policing. Our gardaí must have access to the information they need in a speedy and efficient way.
I will try to get a detailed note on this for the Deputy and communicate directly with him as to the precise plans for the roll-out in 2017. I agree with him that this has to be a priority area. It has been identified. I am very happy to share with him the precise detail of what is happening. I will ask the Garda Commissioner for a report on the progress being made and the targets for the next year.
Questions Nos. 14 to 16, inclusive, are in the names of Deputies Wallace, Boyd Barrett and Murphy O'Mahony, respectively. As the Members are not present, the questions cannot be taken.
I am going to Sheriff Street so.
17. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to review the work of Garda Síochána Ombudsman Commission, GSOC; the timeframe in which this review will take place; the person or body that will conduct this review; and if she will make a statement on the matter. [7615/17]
What plans does the Minister have to review the legislation on GSOC, which was established under the 2005 Act but did not become operational until 2007? We are in a ten-year cycle now and, as such, what plans does the Department have to review the legislation?
GSOC is a very important body and Ms Justice Mary Ellen Ring is the chairperson. I thank her and the other commissioners for their work. It is very important that we have confidence in its work and that An Garda Síochána has confidence in it too. That means the public will have confidence as they need to know that very important role is being carried out effectively and efficiently. We have increased the resources provided to GSOC in recent times.
I am sure the Deputy was at the Joint Committee on Justice and Equality when the chairperson of GSOC appeared before it last year. In general terms, she called for changes to Part 4 of the Garda Síochána Act which deals with the investigation of complaints in order, as she saw it, to allow GSOC to function more effectively. She also referred to minor service issues she felt should be managed by Garda line management rather than by GSOC. I agree with her very strongly on that. We ought to find a mechanism to ensure that it can happen. She also sought changes to the powers of GSOC to require the Garda Commissioner to provide it with information and documents in the context of investigations. From the information we have at present, the rate of response on the part of the Garda to requests from GSOC has improved considerably in terms of the time limits outlined as necessary and put in place. We should be able to find a mechanism to deal with the more minor issues which are taking up so much of the time of police around the country. There is definitely a better way to do it. That is precisely what I want to examine. It may be necessary legislate for it.
When I met Ms Justice Ring and her team, I said I would review the legislation. GSOC has been there for ten years now. That review will be done very quickly by the Department. I have given that commitment to the judge. It is important to review and strengthen the legislation to deal with the issues the judge identified. On foot of the work she is doing, she is in a position to identify them first hand and she has made a submission to me in that regard.
I agree completely. As the Minister says, the chairperson appeared before the committee in October. While I would not say she was very critical of Part 4, she certainly said it needed to be enhanced to improve the functions of GSOC. She also talked about the Garda Commissioner. One area to which she did not refer but which should be part of the review is the civilian staff seconded to An Garda Síochána. I do not know if that is possible. To the best of my knowledge, they are not covered by GSOC. If we are looking at the force as a whole, we need to consider the civilian staff who also work within An Garda Síochána. That may be something we could consider as part of the review to identify a legislative provision which brings them within the remit of GSOC.
The review is at a very early stage. I only met the judge a few weeks ago. However, it can be done in the short term and we can consider the various issues the Deputy raises. The legislation will go to pre-legislative scrutiny. I intend to take on board the various points the judge has made and which the Joint Committee on Justice and Equality discussed with her. I want to identify how we can move ahead effectively. Of course, I will have to have a consultation process with the other stakeholders.
Can we make submissions?
Certainly.
18. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the status of her Department’s strategy to promote equality as per the terms of the Irish Human Rights and Equality Commission Act 2014; and if she will make a statement on the matter. [7619/17]
This question refers to the Department's strategy to promote equality, as per the terms of the Irish Human Rights and Equality Commission Act 2014.
Section 42 of the Irish Human Rights and Equality Commission Act that creates an obligation on a public body to have regard to the need to promote equality was something I dealt with in the Seanad. I accepted an amendment because I thought it would a very useful power for the Irish Human Rights and Quality Commission to possess. In conversations with the chair of the body, she confirmed that it is very useful legislation. The then Senator and now Minister, Deputy Zappone, introduced the amendment.
My Department undertook a consultation process on the development of a new statement of strategy, with a deadline of September 2016 for receipt of submissions. It was published on 14 February and its contents reflect the positive duty obligation. It provides a great opportunity for the Irish Human Rights and Equality Commission and the Department. One can view the new women's strategy in that context. There is engagement with the community. I have attended some of the consultations on the development of the new women's strategy. The Minister of State, Deputy Finian McGrath, also has responsibility in this area and has pursued a number of initiatives in respect of disability.
We submitted these questions last week. As the Minister said, she only published her strategy on 14 February. We have been somewhat busy for the past few days, as the Minister can imagine. I have not had a chance to read it.
We have been busy too.
I can imagine. When I read it, I will come back to the Minister with questions. The change in legislation and the positive promotion of equality is something everyone would welcome. I will read the strategy from the Department which was only published on Tuesday.
A number of other initiatives come under the positive duty to promote equality. Last week we launched the integration strategy which has been widely welcomed by groups working on integration around the country. It is important that we have a strong integration policy because if we do not we will build up problems for the future. It is a very comprehensive integration strategy.
I mentioned the women's consultation, which has been ongoing. There are a number of other initiatives relating to combating domestic and gender-based violence. The Deputy will be familiar with the campaign I have spoken about in the House. It is a €6 million campaign over five years to combat sexual and domestic violence. That comes under the Deputy's points on a positive duty to promote equality and deal with areas where there are very serious problems in Ireland.
20. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which modern policing methods are used by An Garda Síochána in line with the best and most effective practice in other jurisdictions; the extent to which the use of motorcycles or quad units can be used for more intensive policing in both urban and rural areas as has happened in other jurisdictions; and if she will make a statement on the matter. [7647/17]
This relates into the need to ensure that An Garda Síochána has access to the most modern technology, forensics and transport in order to be able to compete with best practice worldwide.
We had a discussion on the points the Deputy made. We need to make sure that An Garda Síochána is resourced in a way that enables it to conduct effective policing in line with the best policing methods. As the Deputy said, that includes more resources. In his question the Deputy has described what he thinks is needed.
There needs to be better use of mobile technology. We have put funding in place in order to make sure that happens. Over €205 million was agreed as a result of the working group. Significant resources have been made available. The Garda Commissioner is the person, in accordance with section 26 of the Garda Síochána Act, responsible for that.
The Deputy mentioned policing developments in other jurisdictions, including benefits arising from increased use of the types of vehicles he described. Similar developments here have become possible because of the tens of millions of euro we have invested over the past two or three years. The money was badly needed because investment in An Garda Síochána could not resume until the economy began to recover.
I assure the Deputy that we intend to ensure that we provide resources to the Garda so we can continue investment in the fleet, not just for traditional vehicles but also those that are suitable for the kind of work they are now doing throughout the country, including on motorways.
I thank the Minister for her reply. I refer to the extent to which the use of modern transport such as quad bikes and mopeds can be encouraged in urban and rural areas in order, as has happened in other jurisdictions, to enhance activity and mobility.
I will make a particular inquiry regarding what the Deputy has mentioned. The investment we have provided so far has been used to provide the Garda with additional high-powered vehicles, marked and unmarked patrol cars and motorcycles to ensure they can be mobile, visible and responsive. Some €46 million has been allocated under our capital plan for the Garda fleet for the next number of years.
We have also invested tens of millions of euro in the Garda fleet in recent years. That has been acknowledged around the country and has made a difference to the ability of gardaí to respond more efficiently and effectively in local areas. No more than the discussion around mobile technology and the need to move to modern policing methods, it is an essential part of where An Garda Síochána has to go if we are to provide effective and responsive policing.
