Vol. 960 No. 6
6. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of gardaí in each Garda station in the Dublin northern division and in the Dublin western division as of 30 September 2017; and the number of new recruits assigned to each division since recruitment resumed in 2014. [44203/17]
14. Deputy John Lahart asked the Minister for Justice and Equality the number of gardaí in each Garda station in the Dublin southern division and in the Dublin eastern division as of 30 September 2017; and the number of new recruits assigned to each division since recruitment resumed in 2014. [44208/17]
21. Deputy Seán Haughey asked the Minister for Justice and Equality the number of gardaí in each Garda station in the Dublin north central division and in the Dublin south central division as of 30 September 2017; and the number of new recruits assigned to each division since recruitment resumed in 2014. [44205/17]
I will address Ceist Uimh. 6. Will the Minister outline the number of new recruits assigned to the Dublin north division and the Dublin west division, as of 30 September 2017, since recruitment resumed in 2014? The reason is that in the north Dublin and west Dublin area, especially the north Dublin area, we have lost one in five gardaí in the past six years and the pace of replacement has not kept up at all with that. Community policing, an issue I will address also, has been decimated in those areas, with the part closure of Garda stations. I am interested in hearing from the Minister the number of new recruits that have been assigned to those divisions.
I propose to take Questions Nos. 6, 14 and 21 together.
I welcome Deputy Darragh O'Brien to Question Time in the justice area. I am more accustomed to engagement with him in the foreign affairs arena. I also welcome his question. I should say the distribution of gardaí is exclusively the statutory responsibility of the Garda Commissioner. I can say, however, that the Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance for citizens and deter crime. The substantial increase in Garda numbers is tangible progress in achieving the Government's vision of an overall Garda workforce of 21,000 personnel by 2021, comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say budget 2018 will support the continuation of the high level of investment in the Garda workforce and ensure the vision of an overall workforce of 21,000 by 2021 will remain firmly on track. A further 800 new Garda recruits will enter the Garda College and an additional 500 civilians will be recruited to fill critical gaps throughout the organisation to facilitate the redeployment of gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new reserves expected to commence training early next year.
Notwithstanding the Commissioner's responsibility for the distribution of the gardaí, I have provided a breakdown of the detailed information requested by Deputy Darragh O'Brien in tabular form. The tables set out the number of gardaí allocated to each Garda station in the Dublin metropolitan region as of 31 August this year, the latest date for which figures are readily available. The Garda divisions referred to show that the Garda strength of the region on that date was 3,467. There are 181 Garda reserves and 208 civilians attached to the region. Where appropriate, the work of local gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau, all of which are active in the region.
|
District |
Station |
Total |
|
BALBRIGGAN |
BALBRIGGAN |
63 |
|
GARRISTOWN |
2 |
|
|
LUSK |
9 |
|
|
SKERRIES |
9 |
|
|
Total |
83 |
|
|
BALLYMUN |
BALLYMUN |
119 |
|
DUBLIN AIRPORT |
22 |
|
|
SANTRY |
79 |
|
|
Total |
220 |
|
|
COOLOCK |
COOLOCK |
102 |
|
MALAHIDE |
31 |
|
|
SWORDS |
67 |
|
|
Total |
200 |
|
|
RAHENY |
CLONTARF |
70 |
|
HOWTH |
25 |
|
|
RAHENY |
68 |
|
|
Total |
163 |
|
|
D.M.R. North Total |
|
666 |
|
District |
Station |
Total |
|
BLACKROCK |
BLACKROCK |
91 |
|
DUNDRUM |
87 |
|
|
|
Total |
178 |
|
DUN LAOGHAIRE |
CABINTEELY |
30 |
|
DUN LAOGHAIRE |
116 |
|
|
SHANKILL |
58 |
|
|
Total |
204 |
|
|
D.M.R. East Total |
382 |
|
District |
Station |
Total |
|
DONNYBROOK |
DONNYBROOK |
102 |
|
IRISHTOWN |
50 |
|
|
Total |
152 |
|
|
KEVIN STREET |
KEVIN STREET |
106 |
|
KILMAINHAM |
67 |
|
|
Total |
173 |
|
|
PEARSE STREET |
PEARSE STREET |
290 |
|
D.M.R. South Central Total |
615 |
|
District |
Station |
Total |
|
BRIDEWELL |
BRIDEWELL |
157 |
|
Total |
157 |
|
|
FITZGIBBON STREET |
MOUNTJOY |
189 |
|
Total |
189 |
|
|
STORE STREET |
IMMIGRATION D/DOCKS |
3 |
|
STORE STREET |
251 |
|
|
Total |
254 |
|
|
D.M.R. North Central Total |
600 |
|
District |
Station |
Total |
|
CRUMLIN |
CRUMLIN |
98 |
|
SUNDRIVE ROAD |
59 |
|
|
Total |
157 |
|
|
TALLAGHT |
RATHFARNHAM |
62 |
|
TALLAGHT |
174 |
|
|
Total |
236 |
|
|
TERENURE |
RATHMINES |
64 |
|
TERENURE |
83 |
|
|
Total |
147 |
|
|
D.M.R. South Total |
|
540 |
|
District |
Station |
Total |
|
BLANCHARDSTOWN |
BLANCHARDSTOWN |
154 |
|
CABRA |
60 |
|
|
FINGLAS |
98 |
|
|
Total |
310 |
|
|
CLONDALKIN |
BALLYFERMOT |
76 |
|
CLONDALKIN |
99 |
|
|
RATHCOOLE |
15 |
|
|
Total |
190 |
|
|
LUCAN |
LUCAN |
69 |
|
RONANSTOWN |
93 |
|
|
Total |
156 |
|
|
D.M.R. WEST Total |
664 |
|
Division |
Total |
|
D.M.R. North |
105 |
|
D.M.R. East |
57 |
|
D.M.R. North Central |
121 |
|
D.M.R. South |
105 |
|
D.M.R. South Central |
124 |
|
D.M.R. West |
119 |
I thank the Minister for his comprehensive reply and look forward to going through the items per station in tabular format.
I have raised this question because I have a concern about the equitable distribution of resources. The Minister has said it is a matter for Garda management. I understand that. However, the reality is that stations such as the one in Malahide were downgraded by the previous Government. In north Dublin the number of gardaí is down by 20%. Areas in which there is not a great Garda presence do not seem to be getting an allocation of new Garda recruits and I am concerned about this. I hope there is a whole-of-government approach in so far as the Department looks at how resources are being distributed throughout Dublin. The tendency is for many of the new recruits to go to the areas which are more visible, that is, the cities. While new recruits and additional resources are needed in the centre of cities, the suburbs and outlying areas of Dublin cannot be forgotten. That is my great concern. Let us consider the figures for community policing, in particular. For example, the entire area of Balbriggan with a population of almost 50,000 has only two community gardaí. For the whole of the Malahide district, the number of community gardaí is down from six in 2014 to zero. There has also been a decrease in Swords and there are no community gardaí in the Lusk area. These are examples of where it is obvious that we need to fill the gaps. Community policing has been decimated, but it is crucial for good policing in any area, especially my area of Dublin Fingal.
I have made the figures available to the Deputy. They include areas of importance to the Deputy, including Balbriggan, Lusk, Skerries, Ballymun, Dublin Airport, Santry, Coolock, Malahide, Swords, Raheny, Clontarf and Howth. I am happy to be able to make the information available immediately. It is important in the context of policing for reference to be made at all times to the importance of community policing. I share the Deputy’s concern in that regard. He made a point about recruitment, with specific reference to Garda recruitment. The numbers I have given indicate a doubling of the Garda Reserve in the coming period. Moreover, I advise the Deputy that there are in the region of 2,000 civilians undertaking administrative and technical duties within An Garda Síochána. My target is to have 4,000 civilians which would effectively double the current figure. That represents a medium-term target of 20% for the level of civilian participation by 2021. Currently, the figure is 14%. Therefore, this will bring the force more into line with international norms and ensure trained gardaí will not be engaged in administrative work or technical duties that could be done by suitably qualified civilian staff. I will be happy to keep the Deputy informed of the detail, although I know that he will keep me under observation as far as these figures are concerned.
I very much appreciate the fact that the Minister has given me the figures. I wish to set out some examples. Let us consider the Malahide district which includes the Garda stations in Malahide, Portmarnock and Kinsealy. The population is 27,000 as per the last census. There are no community gardaí in the district. The Swords Garda district covers the size of a city, an area larger than Limerick. As per the last census, the population was a little less than 50,000 and it had ten community gardaí. Balbriggan is larger than most regional towns and some cities. It has a population of a little less than 40,000 and has two community gardaí. In Lusk the number is zero. In Rush the number is also zero because the Garda station has been closed. The number is also zero in Skerries. I am highlighting this issue because Garda senior management needs to look at these areas where it is obvious that numbers are down, in particular the numbers of community gardaí. I welcome the Minister's comments to the effect that he supports the concept of community policing, but it has been decimated in large swathes of the country, including my constituency of Dublin Fingal. I would be happy to work with the Minister and Garda management to ensure it is brought back to the fore and made a priority in areas throughout the country.
I have been informed by the acting Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have been attested as members of An Garda Síochána and assigned to mainstream duties nationwide, 631 of whom have been assigned to the Dublin metropolitan region. I have given the Deputy the tables. In addition, a further 200 trainee gardaí are scheduled to be attested later this year, which will see Garda numbers, taking account of projected retirements, increase to the 13,500 mark by the end of the year, representing an increase of 500 since 2016. I am keen to ensure the points raised by the Deputy will be considered in respect of the assignment of gardaí in the Dublin region. We must have regard to the serious challenges An Garda Síochána faces on a daily basis in the Dublin metropolitan area, with particular reference to the tackling of organised crime. I am keen to acknowledge the success of the continuing Garda operation in response to gang-related crime, Operation Hybrid, and the need to ensure we continue to facilitate the Garda in every way we can to ensure the provision of adequate and proper resources. The results of the additional resourcing provided can be seen on a day to day basis in the Deputy's constituency.
7. Deputy Marc MacSharry asked the Minister for Justice and Equality when Stepaside Garda station will reopen; and if he will make a statement on the matter. [44071/17]
When will Stepaside Garda station be reopened? It follows a decision that caused much public controversy. Let us contrast this decision with the tangible lack of action in the advancement of work on a new regional Garda headquarters in Sligo where there is no running water and no shower facilities in the Garda station. The cells have been condemned to the extent that members of the Garda who arrest individuals must transport them 15 miles to the station in Ballymote.
The Deputy will be aware that refurbishment of Garda accommodation is progressed by the Garda authorities in close co-operation with the Office of Public Works which has responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters.
As the Deputy will be aware, A Programme for a Partnership Government commits to a pilot scheme to reopen six Garda stations, urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order offences.
I recently published the second interim report of the Garda Commissioner which recommended that the former Stepaside Garda station in Dublin be reopened on a pilot basis. It indicated that, subject to further analysis, the Commissioner was likely to recommend in the final report the inclusion of the former stations at Leighlinbridge, County Carlow, and Donard, County Wicklow, in the pilot scheme. If a second station is to be reopened in Dublin, the report indicates that the Commissioner is likely, subject to further analysis, to recommend that the former station at Rush, County Dublin, be included in what will be a pilot scheme.
I am informed that An Garda Síochána is liaising with the Office of Public Works on the proposed reopening of the former Garda station at Stepaside.
I understand the timeframe for reopening the station is dependent on a number of factors, including the brief of requirements from An Garda Síochána, the extent of the required refurbishment of the station based on current building regulations, the need to comply with fire regulations and provide disability access to the station. There are also agreed standards and specifications for Garda detention areas and custody suites which would have to be incorporated into the refurbishment. Once the specification has been agreed to, the works will go to tender and commence once the contract has been placed.
The acting Garda Commissioner recently told the Committee of Public Accounts that the decision on Stepaside Garda station had already been made, that the OPW was pressing ahead and at an advanced stage with the project. The Minister might want to tell his colleague, the Minister for Transport, Tourism and Sport, Deputy Shane Ross, to send a tweet that perhaps it might never happen, certainly if the rate of progress of work on Sligo regional Garda station is anything to go by. In Sligo an existing, functional Garda station and regional headquarters responsible for policing in counties Donegal, Sligo, Leitrim, Cavan, Monaghan and Louth, with 140 gardaí working in it, with an assistant commissioner, a superintendent and a chief superintendent, does not have running water, cells or shower facilities, despite the fact that towards the end of the summer many heroic gardaí jumped into the Garavogue river and averted disaster by saving four lives. Will the Minister, Deputy Shane Ross', Garda station in Stepaside join the queue behind the station in Sligo which is so dysfunctional, notwithstanding the difficulties for existing serving staff in not having appropriate working conditions, and from where prisoners have to be sent 15 miles? The Minister, Deputy Charles Flanagan, has pointed to the standards required to be met in holding prisoners. By contrast, there are probably umpteen Garda stations within 15 miles of Stepaside with umpteen showers, drinking water and active cells. Will the Minister give a commitment that while Stepaside Garda station is at the beginning of this process, since work on Sligo Garda station is surely at a much more advanced stage, we can look forward to having a new station there before we press ahead with the reopening of the Garda station in Stepaside?
There are no parallels between the issue of the reopening of the Garda station in south County Dublin which is the subject of the question-----
That is for sure.
-----and the provision of the proposed new Garda station in Sligo, in which I know that the Deputy has expressed an interest for some time. The Garda station building and refurbishment programme 2016 to 2021, an ambitious five-year programme that will benefit over 30 locations throughout the country, includes an investment of over €60 million of Exchequer funding as part of the capital plan and a major public private partnership project. The new Garda station will be provided in Sligo. The OPW placed advertisements in local and national newspapers earlier this year to secure a suitable site for the Sligo development, seeking expressions of interest from property owners and developers. Returns were received in the spring. The OPW, together with Garda estate management, reviewed the proposals submitted earlier this year. A number of suitable sites have been identified as possible options for the development in Sligo. The OPW is actively progressing the acquisition of a suitable site and it is understood the aim is to reach agreement on the purchase shortly. This may not need to be said from my perspective, but, as somebody who is on the ground locally on a regular basis, the Deputy may well be in a position to assist the State authority in reaching agreement on the purchase of a suitable site. I assure him of my interest in the matter. It is important that we advance the project in Sligo having regard to the fact that funding is in place.
I am available to help, not that I have a site, but as a former practising auctioneer in the area, I know that there is no shortage of potential sites and that people made submissions following the call and the placing of advertisements. Perhaps, in order to progress the project, the relevant parties in the OPW might like to contact me, as well as Deputy Eamon Scanlon, Deputy Tony McLoughlin of Fine Gael and Deputy Martin Kenny of Sinn Féin. I am sure the other three Deputies will not mind me saying we will be delighted to push the issue as a matter of the utmost urgency. I appreciate the Minister's offer in that regard. I will expect a call from somebody to assemble the four of us. If approaches can be made locally to have the matter pushed urgently, they certainly will be.
There is work to be done locally and I trust that the Deputy will assist. From a national perspective, I will work closely with the appropriate agencies to ensure the matter will be advanced, having regard to the urgency of the issue which has been ongoing for many years. Advancing it is overdue and I want to see it happen by working both locally and nationally. This is a project in Sligo which has the support of all of the local Deputies, including the Deputy and Deputies Tony McLoughlin and Eamon Scanlon.
4. Deputy Eamon Ryan asked the Minister for Justice and Equality the number of refugees expected to arrive here by the end of 2017 in accordance with the EU relocation programme developed in response to the Syrian refugee crisis; the locations of those who have already arrived; and his plans to settle these refugees around the country. [44534/17]
Questions were taken more quickly than I thought they would be, but I appreciate being able to ask this one. It arises from a concern I have about Syrian refugees based in Greece who have looked to be assigned in Ireland and who have been told that they cannot come here because we do not have accommodation. I know that refugees here are in welcoming centres, but they have been in them for too long and need to be located in the community. I ask the Minister for an update on where we stand in meeting our targets and speeding up the process to bring people here.
The Deputy is referring to Ireland's stated commitments on relocation under the resettlement programme. To date, 1,406 persons have arrived in Ireland under the relocation and resettlement strands of the EU relocation programme. I expect a further 738 to have arrived in Ireland under both programmes by early 2018. Under the relocation programme, Ireland has pledged to accept 1,089 asylum seekers from Greece. Ireland was the only EU country that chose voluntarily to participate in the programme. It will meet its full commitment to Greece. Some 621 persons of the allocation of 1,089 are already in the State and a further 390 have been assessed and are awaiting transportation from Greece. By early 2018, we will have admitted our entire cohort from Greece under the relocation programme.
Under the resettlement strand, refugees located in countries such as Lebanon are brought directly to Ireland with the help of the United Nations High Commissioner for Refugees, UNHCR. Ireland originally pledged to resettle 520 refugees, double the amount the European Commission had proposed for Ireland, and we subsequently voluntarily doubled that number again. I recently announced that our overall pledge would increase again, to 1,385. Some 785 of these refugees are already in the State building new lives. On the current locations of those who have already arrived, 602 persons are housed in emergency reception and orientation centres. A total of 797 persons have been settled in 14 counties nationwide - Clare, Cork, Dublin, Galway, Kerry, Leitrim, Louth, Limerick, Mayo, Offaly, Roscommon, Sligo, Westmeath and Wexford.
The Minister mentioned the progress made in bringing people here from Greece and Lebanon. Will he update us on the position in bringing refugees here from Italy? I know from the replies to previous questions that the former Minister had articulated a concern that the nature of our relationship and work with the Italian authorities had slowed down the arrival of refugees. Will the Minister provide an update of how that section of refugees have been catered for under the programme?
The numbers the Minister has given are interesting. Some 602 persons are in emergency reception centres, while 709 have been resettled. Is the Minister happy with these figures? Having visited some centres, I am concerned that the time taken to get people from resettlement centres into the community has been longer than the ideal and that while the centres are doing a good job and the people running them are doing their best, support services in providing language training and for orientation have not been as rigorous and as intensive as they should be. Will the Minister update me on whether he is happy with how the emergency centres are working and the speed at which people are being settled in the community?
The Deputy asked a number of questions in a short period. There are 602 refugees living in four reception centres in counties Kildare, Roscommon and Louth in which they receive orientation support. They also receive integration and language training support while waiting for housing to be sourced. I agree with the Deputy that it is important that there be no undue delay in the transfer of refugees from reception centres to long-term housing in both urban and rural settings throughout the country and that the full range of services should be available to them while awaiting relocation to ensure their other needs are met.
As the Deputy may be aware, the programme was slow to become operational in the case of refugees from both Greece and Italy. This gave rise to delays earlier this year. National security is, of course, a competency that remains the sole preserve of each individual member state. Ireland already had arrangements in place to allow members of An Garda Síochána to travel to Greece to interview refugees who had been assigned to Ireland. However, the position was not the same in Italy where, for various reasons, there were difficulties in allowing police officers from member states to carry out this important function on Italian soil. The IRPP is working actively and positively to bring as many refugees from Greece as possible here by the end of the year. This, of course, is dependent on a number of factors, including the provision of housing by local authorities for persons currently in reception centres. There is the full and active engagement of the appropriate agencies involved.
This is my last question. I will go back to the Department about what is happening in Italy. On how we will reallocate refugees into local communities, it is my understanding the reallocation will be towards areas there there is not a large social housing waiting list, which makes sense. By definition, it is likely that these communities or towns are not exactly thriving, not the busiest or most popular. Is the Minister looking at the integration of refugees from the point of view of completely turning around these towns, not merely from the point of view of supporting the refugees, in order that they will not feel they are dumping grounds with the least successful towns ending up taking refugees? If we were to invest in the towns at the same time, it might change the whole attitude to how the programme works. Would the Minister support such an initiative?
We are way over time on this question. The Minister to reply briefly.
Let me make it quite clear that I would reject strongly any assertion that locations might be chosen in circumstances which might give rise to the label of "dumping ground" which I think were the words the Deputy used.
They were the wrong words to use; I take them back.
I understand the Deputy spoke in good faith, however cumbersomely the message was conveyed. I acknowledge the work of the agencies involved. I also acknowledge the work of voluntary bodies throughout the country and the work of the Red Cross. There are pledges from around the country. There are many towns which are offering refugees not only shelter but also a new and positive way of life. The Deputy will be aware that Dublin will not be used in the resettlement programme, unless there are essential and specific needs that cannot be met elsewhere. Certainly, from my experience of speaking to community leaders, for example, in Ballaghadereen, on the border between County Mayo and County Roscommon, there are challenges. However, I am pleased to say these challenges are being met head-on by dint of the welcome received and a large measure of local leadership, as well as by the State agencies, be they in the areas of health, education, sport and recreation, the arts and culture. People are ready to assist in order to ensure the stay of refugees in the commencement of their new lives in rural Ireland will be as comfortable and as welcoming as possible.
I ask Members to stick to the time limits. On this question we went over time by two and a half minutes.
8. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the date on which he expects the Legal Services Regulatory Authority to be fully operational; and when it will be regulating the legal profession. [44211/17]
In July 2016 the Minister's predecessor, now Tánaiste and Minister for Business, Enterprise and Innovation, Deputy Frances Fitzgerald, signed the commencement order to begin the operation of the Legal Services Regulatory Authority and a chairperson and a board were put in place. Some 15 months later, the authority is not operational to hear complaints from the public about members of the legal profession. When will the authority be operational in order that members of the public can make complaints?
The Deputy will appreciate that the Legal Services Regulatory Authority is an independent statutory body and that I, as Minister, do not have a role in its day to day operations. That independence has been purposefully conferred on the authority by the Legal Services Regulation Act 2015. I will seek to respect the independence of the body in the reply to the matter raised by the Deputy.
The setting-up of the authority has been under way since July 2016. At the time Parts 1 and 2 of the Act were commenced as necessary to have the new authority appointed and get it under way. It has convened regularly since its inaugural meeting on 26 October last year. Minutes of all its meetings are available on its website at www.lsra.ie.
In tandem with the ongoing and essential work leading to the authority starting its key complaints and regulatory functions, the authority has been deeply engaged in the conduct of public consultations and the making of five reports on a series of structural reform issues under sections 118 to 120, inclusive, of the Act which were also commenced. It has been obliged to complete these reports within strictly set deadlines running from its day of establishment on 1 October 2016.
Having delivered on this substantive programme of consultations and reports, the current working focus is very much on the managed roll-out of the authority's remaining functions. They include the matching development of its organisational capacities and office and staffing resources which are essential, as the Deputy will agree, to effective delivery. Following these steps, the key structural reforms of Part 6 of the 2015 Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners Disciplinary Tribunal dealing with both solicitors and barristers will be commenced.
In a key development, the authority has recently completed its public recruitment of a full-time chief executive, Dr. Brian Doherty, who took office in mid-September. Having operated a modest executive office, it has recently secured larger office premises in support of the coming into operation of its respective functions. Matters are ongoing with a view to having the authority reach full capacity at the earliest opportunity.
I fully appreciate the fact that the Legal Services Regulatory Authority is an independent statutory body, but that does not mean that questions cannot be asked of the Minister and that he cannot provide the answers for the House. It is difficult for Deputies to get answers unless we table questions to the Minister, being the appropriate Minister. In the case of An Garda Síochána we were perfectly within our rights to ask questions, notwithstanding the fact that the Garda was also independent in carrying out its functions and operational duties. The reason I ask this question is that there is a certain degree of public disquiet about the fact that the authority was established, as I stated, 15 months ago. It is the case, it has to be said, that members of the legal profession are being regulated using the old method used prior to the passage of the Act, but it is a cause of disquiet among members of the public that the new body which promises so much and which was greeted with such fanfare is not up and running. It is regrettable that it is not up and running 15 months after it was identified that it had been commenced. I asked a question about this in February and the answer I received was that the then Minister hoped it would be in substantive regulatory mode later this year. The Minister is not responsible for this, but he has to be able to tell members of the public when the body will be up and running in order that they can make complaints.
As far as the provision of Government resources is concerned, an allocation of €1 million was made from the justice Vote for 2016 to provide support for the new authority. That allocation is in the course of being drawn down. A similar amount has been set aside this year in the justice Vote and any funding advanced from the allocation will strictly be on a recuperable basis. The Deputy will be pleased to learn that the authority is working on several projects that will assist in identifying the staffing needs and resources required to allow it to support the ongoing roll-out of its functions to a structured and achievable timetable. I had the opportunity shortly after my appointment as Minister to meet the chairperson. I will be meeting the chairperson and members of the authority again before the middle of November to further discuss the authority's medium to long-term plans. I have written to the authority to emphasise the importance I attach, as Minister for Justice and Equality, to the objective of getting it to open for business, in terms of the public complaints function, as quickly as possible, while also bearing in mind the risks and complexities which must be carefully managed in order to bring this about.
I still do not know the answer to my question. I still do not know when the Legal Services Regulatory Authority will be operational. I note that there are very important provisions in the Act. Part 6 will set out the new regulatory regime and the basis on which complaints can be made by members of the public. I do not know when it is going to be up and running, but members of the public should be informed about it. They have not been given any information by the Minister in his reply today. It is very important, from the point of view of the legal profession, as well as the public, that this body be up and running promptly. The impression may be spreading abroad that the legal profession is not regulated. The Minister knows that that is not the case, as do I. However, the public may believe it to be the case when they see that a new regulatory body has been established but is not up and running. I appeal to the Minister not to adopt a passive approach to this statutory body. It is one of the many quangos that has been set up by the Government. I urge him to get out and ask the authority to become operational as soon as possible in order that members of the public can be assured that they are protected and that the legal profession is being regulated by an independent statutory body.
Far from adopting a passive approach, I assure the Deputy and the House that both my Department and I continue to actively engage and work closely with the authority to enable it to enter substantive regulatory mode at the earliest opportunity, with appropriate staffing levels and project management. The authority, in turn, is working to progress, in conjunction with my Department, the identification of and elaboration on the more specific delivery dates concerned. I expect these to apply to the respective functions involved during the remainder of the year and into the early part of 2018. I do not wish to pre-empt the authority's independent planning and the completion of its commencement programme, but I expect the relevant details to become available very soon. If there are members of the public who have a concern, as outlined to the House by the Deputy, about the public workings of the authority to date, I remind the public through the Deputy that information is available on the authority's website at www.lsra.ie.
9. Deputy John Curran asked the Minister for Justice and Equality the progress he has made with the Minister for Transport, Tourism and Sport, the Minister for Housing, Planning and Local Government, the Garda Commissioner and the Chairman of the Revenue Commissioners in identifying more effective possible solutions which can assist in dealing with the use of scrambler and quad bikes; the responsibilities he has assigned to each agency; the timeframe in this regard; and if he will make a statement on the matter. [44080/17]
Deputy John Curran cannot be here and sends his apologies. He has asked the Minister for Justice and Equality to outline the progress he has made with the Ministers for Transport, Tourism and Sport; Housing, Planning and Local Government; the Garda Commissioner and the Chairman of the Revenue Commissioners in establishing a multi-agency approach in order to ascertain if there are additional legislative or other solutions which could assist in dealing with use of scrambler and quad bikes more comprehensively.
I thank the Deputy for raising this issue. I am very concerned about the very serious public safety and anti-social issues associated with the misuse of scramblers and quad bikes. Tackling these issues, as the Deputy said, requires a multi-agency approach. To better facilitate this, I have written to the relevant parties, including the Ministers for Transport, Tourism and Sport and Housing, Planning and Local Government, as well as the Garda Commissioner and the Chairman of the Revenue Commissioners, in order to ascertain whether there are additional legislative or other solutions which could assist us in dealing with this issue in a more comprehensive way. More recently, I have also written to the Department of Culture, Heritage and the Gaeltacht, given that the National Parks and Wildlife Service falls within its remit. Responses have now been received from the majority of bodies. As a next step, when all responses have been received, I intend to convene a meeting of all interested parties in order to identify more effective possible solutions and assign responsibility and timeframes for them.
The Deputy is already aware that, under the road traffic Acts, any member of An Garda Síochána is empowered to stop a mechanically propelled vehicle in a public place and demand production of a driver licence or learner permit. In addition, gardaí may inspect a vehicle for compliance with vehicle standards legislation which makes it an offence to drive without reasonable consideration or to drive carelessly or dangerously. The Garda authorities also have powers of seizure, detention, storage and disposal of vehicles under road traffic legislation. I am further informed that the use of quad bikes and scramblers in public parks and open spaces is strictly prohibited by the local authorities under the parks and open spaces by-laws of 2011.
Despite the road traffic and other relevant legislation available in this area, the Garda authorities have indicated that there are issues of safety involved in the enforcement of these laws which are best addressed through a multi-agency approach. I am informed that gardaí are working with local authorities, including park authorities, to examine other solutions, including engineering solutions. Enhanced fencing and bike gates are examples of engineering measures which may be taken in order to restrict access to parks. However, we must do this in a way that will ensure our parks, particularly those in Dublin, can be used for the recreational purposes for which they have been designed.
I thank the Minister for his response. I acknowledge that gardaí have seized vehicles, but there appears to be a legal vacuum because I have anecdotal evidence of parents picking up quad bikes or scramblers that have been seized. There appears to be an inconsistency or contradiction in terms of the legislation or its interpretation by An Garda Síochána. There is an issue of health and safety at play. I acknowledge that in some instances local authorities and gardaí have found it extremely difficult to intervene when there are a number of vehicles on a particular green. I ask the Minister to elaborate on some of the responses he has received. Has any of the relevant agencies proposed legislative changes? We know that engineering solutions are an option for greens and parks, but they are not going to address the root of the problem. These vehicles are being purchased across the board and green spaces in Dublin and elsewhere are out of bounds at times, when no State agency could safely intervene or interrupt the activity that is ongoing. I ask the Minister to outline whether any of the responses he has received includes proposals for legislative changes.
The Deputy has asked two specific questions, one about the adequacy or otherwise of the legislation currently in place and the other about vehicle seizures. The road traffic Acts empower An Garda Síochána to examine or seize vehicles. All members of An Garda Síochána fully enforce the legislation in the seizure, storage, release and disposal of vehicles. However, there may be one issue worth looking at in that context. As the Deputy said, An Garda Síochána does not have the power to retain a seized vehicle where the person concerned produces satisfactory evidence of ownership and has paid the relevant charge. It should also be noted that An Garda Síochána does not have any legislative power to deal with scrambler or quad bikes being driven on private land. However, local authorities have the power to introduce by-laws as they have done in respect of many parks. My colleague at the Department of Culture, Heritage and the Gaeltacht, Deputy Heather Humphreys, has similar powers to control off-road vehicles in certain areas. Unauthorised use of off-road vehicles is prohibited, for example, in certain national parks.
I am informed by the Minister for Transport, Tourism and Sport, Deputy Shane Ross, that scramblers, quad bikes and other vehicles fall under the road traffic legislation when used in a public place. I am further informed, however, that the legislation does not extend to the use of such vehicles on private property or in public parks which are under the jurisdiction of local authorities or in national parks. In the case of the latter two, however, local authorities and the Department of Culture, Heritage and the Gaeltacht are empowered to introduce appropriate by-laws.
These are the issues I am anxious to discuss with all of the agencies in order that we will be in a position to ensure best practice is applied across the board.
I appreciate that the Minister is obliged co-ordinate everything. He mentioned the problem I have heard most about in the feedback I have received. When seized and retained, the power of disposal is not there when an ownership certificate is produced. Lots of parents are collecting scramblers and quad bikes and the cycle continues. Not many children own these bikes and we should address the legal vacuum, at the very least, in order that they can be disposed of. It is the same people who create havoc on greens and parks and if gardaí had the power of disposal, it would quickly address the issue.
I do not disagree with that and I would be happy to keep the Deputy informed of developments regarding my collaboration with the other Departments and agencies involved. I am sure he would agree that we need to raise awareness of the dangers of quad bikes and scramblers and I acknowledge the role of the Road Safety Authority, which has invested in interventions targeting those most at risk. According to the Road Safety Authority, education and enforcement are key measures and are both appropriate and necessary. The authority collaborates with An Garda Síochána on the matter of motorcycle and quad safety issues and it is important that it builds on a recent campaign which targeted parents considering these vehicles as Christmas gifts. Joint information and awareness programmes are important and I would be happy to hear of any ideas Deputy Jack Chambers has that might provide solutions to the issues.
10. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 233 and 234 of 10 October 2017, his plans to rethink his strategy regarding women in respect of the building of a larger prison facility and the promotion of step-down facilities rather than non-custodial alternatives and supported independent living. [44225/17]
This question arises on foot of previous parliamentary questions I have submitted regarding our attitude to penal policy in the context of the incarceration of women. I have concerns about the fact that the Minister is investing resources in larger facilities for women prisoners. While everybody agrees that there needs to be a new facility in Limerick, why does it have to be so big? Why are we putting resources into step-down facilities and where is the evidence that this is the best way forward?
I wish to advise the Deputy that in the joint Probation Service-Irish Prison Service women's strategy 2014-2016, An Effective Response to Women Who Offend, published in 2014, the Irish Prison Service made a commitment to explore the development of an open centre and open conditions for women assessed as being at low risk of reoffending. This commitment was acknowledged in the report on the strategic review of penal policy, which also recommended a greater focus on step-down facilities, supported accommodation, the use of more community-based open conditions for female offenders and the provision of an open centre for women.
A joint Irish Prison Service-Probation Service working group considered an open centre for women and recommended that, rather than developing an open centre, a more practical and cost-effective way to address the deficit would be to pursue step-down facilities for women. I am delighted to be able to support this very important initiative and the Deputy will be aware that I announced additional funding for the Irish Prison Service in 2018 to advance the project. Significant progress has been achieved already to advance this initiative. Approval was given to the heads of the Irish Prison Service and the Probation Service to proceed to scope the possibilities for the development of a step-down unit in Dublin. In July 2016, an expressions of interest document was approved and issued, the first step in establishing a step-down facility for women in the Dublin area. As a positive response was received from relevant service providers, it was then decided to proceed to tender. The Irish Prison Service and the Probation Service are currently advancing the tender documentation with the assistance of the Office of Government Procurement. As part of this contract, the service provider will be required to provide accommodation for ten women. The provider will co-ordinate individualised care plans for this vulnerable group with complex needs, linking women to a variety of community-based services and equipping them with skills to move towards independent living. I recently had the very enlightening opportunity to meet some women prisoners and hearing, at first hand, of their experience of being in prison in Ireland.
Building works on a new development for females in Limerick Prison will commence in early 2018. When completed, it will provide 42 single-occupancy rooms and an additional eight independent living areas. This stand-alone facility within the prison, with all the required ancillary services, will enhance the regimes and supports available to women. I am satisfied that in light of the above, and the thorough consideration of the issues involved, the correct course is currently being pursued.
It is well understood that imprisonment is supposed to be a last resort for anybody who comes before our courts. This is particularly so in the case of women because the crimes for which they are incarcerated are often very different from those for which males are incarcerated. We know that 90% of women are jailed for short-term sentences for non-violent and minor offences, at a cost of almost €70,000 per year. Over 80% are sentenced for non-payment of fines and there is an average of 140 women in our prisons, the vast majority of whom do not belong there.
The Minister has suggested the step-down facility is an alternative to prison. If it is, I am delighted to hear it and maybe I am barking up the wrong tree because my understanding was that it was an exit route out of prison. If it is instead of imprisonment I welcome it because women exiting prison need support, not with a paternalistic step-down facility but with independent living and supports to deal with drug issues, mental health issues and poverty, which are the reasons most women end up in prison in the first instance.
The Deputy will be aware that the step-down facility is a residential unit in the community, which will be designed to provide for the basic needs of its female residents. It is supervised but not institutional and it is an option as a residence for female prisoners, mainly those in transition from custody back to the community. I agree that a prison should be a place of last resort. To put it in context, there are 133 spaces for female offenders within the prison service. The Dóchas Centre can accommodate 105 women, in good quality accommodation, and 20 of them are for women preparing for their release.
I referred to Limerick Prison. This has accommodation for 28 women but I have to acknowledge that this accommodation is of very poor quality. A new prison build on the Limerick site will allow for 50 new spaces for women, which will greatly assist in eliminating overcrowding in our two female facilities. A snapshot of the female prisoner population as of earlier this week confirms that there are 143 women in custody and a further 15 on temporary release.
The problem is that most women who end up in prison are very vulnerable. They are generally victims of abuse and poverty and have drug issues. It is very worrying that the report of the investigative team in Northern Ireland found that, while there have been thousands of drug seizures in Irish prisons, the budget to deal with drug treatment in prisons has been cut by €1 million every year. Best practice states that women should be accommodated in open care centres. The Minister seems to have said that step-down facilities are not an alternative to incarceration but an exit route after incarceration. These women really need support for independent living. This is a paternalistic, patronising attitude to what they need and other countries say women should not be imprisoned at all. When a man goes to prison nothing really happens to his kids and the woman tends to go and visit but when a woman goes to prison it affects the whole family, in terms of accommodation and other issues. It is incredibly destabilising and it should not be used.
I forwarded the Minister's previous reply about the size of Limerick Prison to organisations, such as the Jesuit Centre for Faith and Justice, that are at the forefront on this issue. They were shocked to hear that it is planned to build a bigger prison for women. Rather than building larger prisons for women, we should be reducing prison sizes and investing in resources.
We have exceeded the time available for this question by almost two minutes.
I do not believe the Deputy is giving this issue the focus it deserves. The proposed facility will replace the very poor services provided to a small number of women - I think the figure is less than 50 - in Limerick. I agree with the Deputy that we should continue to identify appropriate alternatives to custody. I acknowledge that legislation in this regard was passed recently. Neither I nor the Department of Justice and Equality hand down custodial sentences to anybody; it is entirely a matter for the courts to do so. As Minister, I would never interfere with the running or jurisdiction of the courts. It is important for female prisoners to access the structural temporary release arrangements. It is important for us to provide sentencing judges with a range of options, including the imposition of community service, when custodial sentences of 12 months or less are under consideration. I acknowledge the work of the Probation Service in this regard. On any given day, the service works with approximately 1,500 female offenders on a range of probation-type orders to ensure they are adequately assessed and supervised. Many of the women in question are undertaking community service or are under post-release supervision. I agree with Deputy Clare Daly's assertion that as legislators, we should be looking to give the courts a range of options. Ultimately, the courts make decisions on sentences on the basis of the facts of each individual case.
Under the rules the House, Question Time is due to conclude in just under ten minutes. Given that the Minister, Deputy Flanagan, will be in the Chamber to respond to the first Topical Issue at 5.30 p.m., I suggest that we continue with questions to him until the start of Topical Issues at 5.30 p.m. Is that agreed?
Yes. That is grand.
It places a bigger burden on me of course.
Tuigim é sin.
I will accept the Chair's proposal in order to facilitate the Deputies who are present.
Go raibh maith agat.
We are not supposed to be nice fellows.
Ba chóir do na daoine atá sa Teach an seans a fháil.
11. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if his Department will publish a new statement of strategy in 2017; and if he will make a statement on the matter. [44213/17]
If the Minister listens carefully to this question and gives a proper answer to it, he will see that it relates to a proposal that could have the effect of reducing his workload. As those of us who cover the justice and equality portfolio and are members of the Joint Committee on Justice and Equality are well aware, the breadth and jurisdiction of the Department of Justice and Equality is enormous. Its remit extends to areas like equality, disabilities, property rights, gambling, data protection and immigration. This question seeks to ascertain whether the Department will publish a new statement of strategy in 2017 in order to deal with some of these issues. If this question is answered carefully and correctly, it could result in a reduction in the Minister's workload.
Good one.
I am pleased that the Deputy is acknowledging my workload.
We all acknowledge it.
I assure him of my continued endeavours in that regard. This question relates to a new statement of strategy. The current strategy statement for the Department of Justice and Equality covers the period from 2016 to 2019. In accordance with section 4 of the Public Service Management Act 1997, the Department is preparing a new strategy statement to cover the period from 2017 to 2020. This process will be completed by the end of this year. The strategy will then be laid before the Houses of the Oireachtas and published.
The strategy statement will set out the key strategic objectives of the Department of Justice and Equality and the priority actions needed to achieve those objectives, including actions to support access to justice, gender equality, crime reduction and a fair and balanced immigration and protection regime.
The consultation process that is under way will inform the development of the new strategy for the period 2017 to 2020. I acknowledge the role of this Parliament in the public consultation process. The Joint Committee on Justice and Equality has participated in the process, as it did when previous strategy statements were being compiled. Correspondence with respect to the strategy statement was sent to the joint committee earlier this year. I have not seen the response, but I look forward to receiving it and giving appropriate consideration to any recommendations or observations that might be made.
It is welcome that a statement of strategy for the years from 2017 to 2020 will be published later this year. It is worthwhile for the Department of Justice and Equality to take time to consider issues and to assess how it should make progress. For far too long, the Department has operated on the basis of the next crisis on the list, such as an issue pertaining to the Garda Síochána or the prisons. As a result, many important issues do not get dealt with, unfortunately. I have been my party's spokesperson on justice and equality for almost 18 months. We have dealt with very few equality issues during that time. We need to recognise that equality was previously part of a different Department. I think disability also gets lost in the Department of Justice and Equality. There is an argument to be made that responsibility for disability should be given to the Department of Employment Affairs and Social Protection. The Department of Justice and Equality is also responsible for the rights and regulation of charities, gambling, property services and data protection. Perhaps responsibility for gambling could be transferred to the Department of Finance. I am not making a definitive commitment in this regard, but I am suggesting that we should consider transferring these areas to other Departments. If we do not do so, they might get lost in the morass of issues in the Department of Justice and Equality.
I acknowledge the active and constructive leadership of both Ministers of State at the Department of Justice and Equality, Deputies Finian McGrath and David Stanton, in the areas referred to by the Deputy. They undertake a huge amount of work on certain aspects of the remit of the Department. I remind Deputy O'Callaghan that I have responsibilities to the obligations and commitments in the justice and equality areas that were made under the programme for Government last year. I am keen to see those obligations and commitments implemented in full. The Department of Justice and Equality has commenced an external and internal consultation process to identify any additional strategic and cross-agency issues that need to be addressed in the new strategy statement. A number of questions here this afternoon have referred to the relationship between the Department and a range of other Departments, including the Department of Transport, Tourism and Sport. I assure the Deputy that a number of responses have already been received on foot of the ongoing consultations. All of them will be considered as the strategy is finalised. I look forward to receiving a formal submission from the Joint Committee on Justice and Equality.
It is appropriate for consideration to be given to the reallocation of responsibility for certain areas for which the Department of Justice and Equality is now responsible. This should not be done to reduce the workload - that is the wrong expression - but to ensure all areas within the Department are given thorough and full consideration. I note what the Minister said about his "active and constructive" Ministers of State. I will not make any comment on that other than to say that the Minister of State, Deputy Stanton, does a great deal of work when he comes before the Joint Committee on Justice and Equality. We need to give full consideration to where we should go from here. I suggest that the Minister should attend a meeting of the joint committee to hear the opinions of members on whether some issues within the jurisdiction of the Department could be moved to other Departments. The Minister said that much of his time is spent dealing with the contents of the programme for Government. I am afraid Fine Gael is partly responsible for that because of its decision to give in so significantly to the Minister for Transport, Tourism and Sport, Deputy Ross, who wrote a large part of the justice section of the programme for Government. The Minister, Deputy Flanagan, is a victim of that now. He has to implement the Ross agenda, but he should not become a prisoner of the Minister for Transport, Tourism and Sport. He should ensure that he is allowed to introduce his own policy proposals in areas covered by the Department of Justice and Equality.
In case there is any misunderstanding, the record will clearly show I said that both Ministers of State are "active and constructive", and not "active or constructive."
They are both hard-working Ministers of State and I very much value their contribution to the Department and the provision of public services.
We may have an opportunity to discuss the matter before the end of the year. The strategy statement is a high-level document and it is important that there are appropriate mechanisms for monitoring and implementation. That will be managed through the annual strategic implementation plan which will be published and will detail the full range of actions to be taken in order to achieve the objectives of the plan.
Progress will be monitored on a monthly basis by the management board. Progress updates will be published regularly on the Department's website and in the annual report. That does not account for the very important engagement I will have with various committees of the House, as well as the plenary engagement we are having today.
Deputy Paul Murphy is taking Question No. 12. We would get a lot of questions finished by 5.30 p.m. if people asked one supplementary question. Is that agreed? Agreed.
12. Deputy Ruth Coppinger asked the Minister for Justice and Equality his plans to introduce increased payments for children living in direct provision; the measures he is taking to address the vulnerable position of children in direct provision; and if he will make a statement on the matter. [44223/17]
I am sure the Minister is well aware, having visited direct provision centres and met children who live there, of the particularly vulnerable position that they are in. What measures has he taken to address their situation? Are there are any plans to introduce increased payments for children living in direct provision?
I wish to assure the Deputy that I have visited some centres and engaged with children in the company of their parents or guardians. While the rate of payments for children living in State-provided accommodation is a matter for my colleague, the Minister for Employment Affairs and Social Protection, Deputy Regina Doherty, I am pleased to inform the Deputy that these payments have increased twice in the past two years, from €9.60 to €15.10 per child in January 2016 and to €21.60 from September of this year. All children or adults within the protection process who are resident in State-provided accommodation are now paid the same rate of allowance.
These payments should be considered within the context that the families living in State-provided accommodation do not have the same level of expenses which other persons who are dependent on social welfare may have, such as rent, utility bills, food costs, prescription costs and so on. Such costs are covered in full by the Government for persons living in the direct provision system.
In regard to children who may be vulnerable, I take the issue of child welfare and protection very seriously. It is important to outline that parents and guardians who live in State-provided accommodation centres have primary responsibility for the care and welfare of their children. Unaccompanied minors in the State fall within the remit of Tusla.
The Reception and Integration Agency, RIA, of my Department has a child and family services unit. Its role is to manage, deliver, co-ordinate, monitor and plan all matters relating to child and family services for all persons residing in centres and to act as a conduit between RIA and Tusla. The unit is headed by a manager seconded from Tusla.
The unit's main functions and responsibilities are to monitor and implement the RIA child protection policy, working in close partnership with the child protection and welfare service of Tusla nationally. It works in partnership with many NGOs and Tusla on important issues.
Does the Minister agree that the conditions these children face are horrific? Their parents are not allowed to work and they do not have cooking facilities or live in an ordinary family environment. They are being institutionalised from a young age, potentially for quite a long time. According to the 2015 HIQA report, 14% of children have been referred to child protection services compared to a national average of 1.6%.
I do not think more money is the answer. However, when the direct provision charge payment amounts to €93 per month compared to €140 for child benefit - two-thirds of the payment - one has to ask why they are being treated differently. Are they being treated as though they are equivalent to two-thirds of the children entitled to child benefit?
Speaking in the Seanad recently, the Minister said he had not heard a credible alternative. The credible alternative is to abolish direct provision, give people the right to work and allow people to access homes on the same basis as anybody else in the State.
I do not accept that the services and facilities being provided by the State are horrific, as the Deputy described. I reject that. Of course I accept that the conditions are not ideal, but they are being continually enhanced and improved. I want to acknowledge the contribution of former judge, Bryan McMahon, and his comprehensive report and recommendations. He carried out consultation with young people. The reports are being implemented.
Self or communal catering facilities are now available in Mosney, St. Patrick's in Monaghan, Ballyhaunis and Clonakilty, and will shortly be implemented in Millstreet and in State-owned centres in Clones, Kerry, Limerick and Cork.
I wish to acknowledge the voluntary contribution of the friends of the centre group which includes representatives of youth clubs. Other youth organisations were established in all of the centres.
I can cite the important role of Foróíge, which has a club in the accommodation centre in Mosney. I want to acknowledge the role of many voluntary sporting organisations, in particular the Football Association of Ireland, FAI, which is actively encouraging the participation of young people in Mosney.
While the conditions are not ideal, I wish to assure Deputy Murphy that we are continuing with the progressive implementation of the McMahon recommendations in order to ensure that the centres provide as comfortable an atmosphere and engagement as possible given the circumstances.
13. Deputy Mick Wallace asked the Minister for Justice and Equality the steps he has taken since receiving Mr. Justice John L. Murray’s review of the law on retention of and access to communications data report; if he has engaged with other Departments with regard to the findings of this review; and if he will make a statement on the matter. [44276/17]
I appreciate the Department of Justice and Equality has drafted new proposed legislation to address the damning indictment of the State's surveillance of its citizens in the report from Mr. Justice Murray. What other steps has the Minister taken or intends to take with regard to the findings of the review? Will the Minister consider directing State agencies to discontinue accessing the data of Irish citizens pending the final resolution of issues pertaining to the Communications (Retention of Data) Act 2011 or any similar legislation which fails to apply EU data protection law and obligations under the European Convention on Human Rights?
The report of Mr. Justice Murray’s review of the law on retention of and access to communications data was received earlier this year. On receipt it was immediately forwarded to the Attorney General for consideration and advice. This was done in the context of the development of proposals to take account of changes in European law in this area.
While the review was initially commissioned to look at issues concerning access by statutory bodies to the communications data of journalists held by communications service providers, Mr. Justice Murray also undertook a very detailed analysis of the law in this area, including recent and significant judgments of the European Court of Justice. I published the report on 3 October and it is available on my Department's website. I thank Mr. Justice Murray for his work on the review which, I would note, he carried out pro bono. His report provides very valuable advice in this complex and dynamic area of law which is rapidly evolving.
As Deputy Wallace will be aware, on 3 October I also published the general scheme of a communications (retention of data) Bill. This proposed legislation responds to the judgment of the European Court of Justice and will update the current law in Ireland. In particular, I am proposing prior judicial authorisation in all cases where certain State agencies seek access to meta data in the context of investigations into serious crimes and safeguarding the security of the State.
Mr. Justice Murray specifically stated that the State should consider suspending the accessing of the data of Irish citizens under the Communications (Retention of Data) Act. Digital Rights Ireland has also repeatedly warned about the possibility of convictions being overturned in legal action being taken against the State. In April 2014 the European Court of Justice utterly rejected the validity of the EU data retention directive.
This evolution of the law to which the Department has referred happened three years ago. The European Court of Justice decision was based on a case brought by Digital Rights Ireland that specifically questioned the constitutionality of Ireland's data retention law, the Communications (Retention of Data) Act 2011 that implemented the EU directive in question. Official communication from the Department of Justice and Equality has completely ignored this reality, as to acknowledge the Digital Rights Ireland case would be to admit its failings for the past three years and beyond. We have a good bit to go on this and Digital Rights Ireland has done this State a great service. The Department should acknowledge that.
As the Deputy is aware, I have written to the justice committee in these Houses and asked it to undertake pre-legislative scrutiny of the general scheme of the communications (retention of data) Bill. I have also forwarded a copy of the Murray report to the committee and would be happy to engage with it in due course once the legislation completes Second Stage in this House and goes to Committee Stage.
I say for the benefit of the Deputy that Mr. Justice Murray specifically examined safeguards in the accessing of journalist traffic and location data so as to protect, as far as possible, the identity of journalist sources. I know we are running out of time but for the benefit of the Deputy and the record of the House, it is important to say I am of the view that judicial approval is desirable. I am proposing that the system of prior approval by a judge should apply in all cases, not just for journalists but for everybody. Mr. Justice Murray considered that High Court approval would be suitable where journalistic sources were in question and I am proposing that approval by a District Court judge would better facilitate the prior approval for all requests for access to communications data. We need robust and effective additional safeguards in this area. I will ensure there is proper and adequate balance between having complete regard for the right of citizens and also having regard to the security of the State. I look forward to receiving the contribution of the justice committee and engaging with Deputy Wallace on the matter in the not-too-distant future.
I look forward to it too.
