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Thursday, 13 Jun 2013

Written Answers Nos. 26-34

Garda Industrial Relations

Ceisteanna (26)

Michael Colreavy

Ceist:

26. Deputy Michael Colreavy asked the Minister for Justice and Equality if he has held any recent meeting with the Garda Representative Association or the Association of Garda Sergeants and Inspectors to discuss their publicly aired concerns regarding policing here. [28243/13]

Amharc ar fhreagra

Freagraí scríofa

I am always available to meet with either AGSI, the GRA or the other Garda representative associations to discuss with them issues of concern to them and to their members. In fact, I met with AGSI on 19 October 2012 for nearly two hours in a constructive and businesslike meeting. I spoke at their conference earlier this year and I also spoke at the annual Conference of the Association of Garda Superintendents. In addition to this, there are ongoing discussions between the Commissioner and his senior management and all the Garda Associations on day to day matters as they arise in the Garda Síochána.

There have also of course been the recent negotiations on an extension to the Croke Park Agreement, or as it is known, the Haddington Road Agreement. The aim was and remains to achieve the necessary savings in the public sector pay and pensions bill while at the same time ensuring a fair contribution from all. As part of this agreement it is proposed that a Review of the Garda Síochána will be undertaken.

The review shall encompass all aspects of the operation and administration of the Garda Síochána including:

- the structure, organisation and staffing of the Garda Síochána;

- the deployment of members and civilian staff to relevant and appropriate roles;

- the remuneration and conditions of service of members of the Garda Síochána, including an evaluation of annualised hours/shift pay arrangements;

- the appropriate structured and mechanism for the future resolution of matters relating to pay, industrial relations and attendance matters.

In this regard, I look forward to the full cooperation of all the associations in completing the review, which will conclude no later than 1 June 2014.

Question No. 27 answered with Question No. 16.
Question No. 28 answered with Question No. 19.
Question No. 29 answered with Question No. 22.

Garda Station Closures

Ceisteanna (30)

Brian Stanley

Ceist:

30. Deputy Brian Stanley asked the Minister for Justice and Equality the way he can justify closing 140 Garda stations when Garda numbers have been reduced by 10% and when the numbers of Garda vehicles have been reduced by hundreds in recent years. [28245/13]

Amharc ar fhreagra

Freagraí scríofa

The proposals for the closure of some Garda stations were made by the Garda Commissioner in the policing plans for 2012 and 2013 and constituted his professional judgement on the best use of Garda resources in the delivery of an effective policing service. It is also worth noting that, even after the closures, there will still be more Garda stations across the country than there are police stations in comparable jurisdictions. I am confident that the Garda Síochána will continue to provide a professional policing service right across the country in a manner that is effective and is consistent with the highest standards for which the force is renowned.

Question No. 31 answered with Question No. 10.

Organised Crime

Ceisteanna (32, 134)

Bernard Durkan

Ceist:

32. Deputy Bernard J. Durkan asked the Minister for Justice and Equality in view of indications regarding the strength and the number of the various criminal gangs throughout the country, if he intends to invoke any new strategy to deal with the problem and permanently remove such gangs from the streets; if it might be envisaged to set a timetable within which it might be possible to tackle the level of organised crime here taking into account the procedures followed in other jurisdictions to deal with such a problem; if it might be possible to introduce a series of co-ordinated measures incorporating drastic reform of the bail laws and-or other legislative or judicial reforms required, including any necessary step to prevent attacks on gardaí; and if he will make a statement on the matter. [28373/13]

Amharc ar fhreagra

Bernard Durkan

Ceist:

134. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the levels of organised criminal gang activity continue to be monitored when such activity is on the increase by way of reference to the past ten years; and if he will make a statement on the matter. [28524/13]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 32 and 134 together.

The Deputy will appreciate that organised crime, by its very nature, is constantly evolving and diversifying in both its structures and activities and that membership of organised crime groups tends to be fluid. I am informed by the Garda authorities that there are two categories of organised crime groups operating within this jurisdiction. The first category consists of groups that are well established and tightly structured and are involved in drug trafficking, armed robbery and firearms offences. The second category involves groups whose activities are characterised by less cohesive group structures, and criminal activities which are mainly confined to Ireland. The operation of these groups is monitored on an ongoing basis by the Garda Síochána.

Tackling organised crime remains a key ongoing priority for both the Government and the Garda Síochána. This priority is clearly reflected in the Garda Policing Plan for 2013 which sets out the continued commitment of the Garda Síochána to pro-actively target groups and individuals engaged in organised criminal activities. The threat posed by organised crime is an ongoing threat that is tackled on a continuous basis both at national level and at international level. As such it does not lend itself to the setting of a timetable. However, we should recall that the Garda Síochána are on an ongoing basis successfully bringing people involved in organised crime activities before the Courts and securing convictions.

At European level, Ireland participates very constructively in the negotiation of initiatives and legislative instruments to strengthen police and judicial cooperation. Just last week, under the Irish Presidency, the Justice and Home Affairs Council adopted conclusions on setting the EU's priorities for the fight against serious and organised crime between 2014 and 2017. These conclusions will now inform the implementation by law enforcement agencies across Europe of multi-annual strategic plans and annual action plans in respect of each of the priorities. I can also assure the House that I am committed to ensuring that all necessary legislative provisions are in place to give effect to our international commitments and to support the operational actions of the Garda Síochána.

As I have previously indicated to the House, I am keeping under review the legislative framework underpinning the State's response to organised crime, including the provisions of the Criminal Justice (Amendment) Act 2009, to see whether any further improvements could be made in this area. In addition, work on the Criminal Justice (Forensic Evidence and DNA Database System) Bill, which will provide for the establishment and operation of the database to assist the Garda Síochána in their investigations, is very well advanced. I expect to be in a position to publish the Bill this term and am determined that it will be enacted this year.

On the question of attacks on gardaí, the Deputy will be aware that section 19 of the Criminal Justice (Public Order) Act 1994 provides specific protections in this regard. I believe that it is absolutely right that the criminal law should afford gardaí and other emergency workers such specific protection and that strong penalties should apply. With regard to the issue of bail law, my Department has been engaged in work to consolidate and update bail law with a view to presenting a clear, accessible and modern statement of the law. I intend to bring proposals to Government on the matter as soon as possible, having regard to other legislative priorities.

Criminal Assets Bureau

Ceisteanna (33)

Michael Colreavy

Ceist:

33. Deputy Michael Colreavy asked the Minister for Justice and Equality if he will consider legislation to ring-fence assets or moneys seized by the Criminal Assets Bureau to be reinvested in communities worst affected by the activities of the criminals involved. [28244/13]

Amharc ar fhreagra

Freagraí scríofa

All monies collected by the Criminal Assets Bureau are returned to the Exchequer in accordance with the provisions of the Proceeds of Crime Acts 1996 and 2005. Such funds are paid into the Government’s Central Fund, from which the Government draws for expenditure on all necessary public services and investment. From time to time, it has been suggested that such monies should be used to fund community projects. However, while it has been accepted that there may be some symbolic value in the suggestion, it is considered problematic and raises a number of practical difficulties.

A policy of ring-fencing monies obtained by the Exchequer and the reallocation of these for a specific purpose runs contrary to the normal Estimates process. While allowing for a small number of very specific targeted exceptions, it is believed that earmarking revenues for a specific expenditure programme would, in general, constrain the Government in the implementation of its overall expenditure policy. There is also the problem of additional costs which would accrue in the administration of any scheme to divert such funds to local projects and additional administrative costs without any additional revenues being generated. It could also be argued that a significant proportion of the monies secured by the Bureau are already owed to the Exchequer as it often relates to non-payment of taxes and social welfare fraud.

In the current economic climate the Exchequer could not sustain a loss of revenue without making compensatory adjustments. If the monies collected by the bureau were to be diverted to community projects, there would inevitably be implications for any other monies those projects received from the Exchequer. Alternatively, other public expenditure programmes would have to sustain the loss. There are currently no proposals to change the existing arrangements concerning such monies.

Visa Applications

Ceisteanna (34)

Thomas P. Broughan

Ceist:

34. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will provide, in tabular form on an annual basis for the years 2011, 2012 and to date in 2013, the number of applications that have been made to his Department for working student visas; the number of these applications that have been successful; if he is concerned that individuals employed on working student visas may be displacing other workers, particularly in the retail and hospitality industries and preventing the employment of persons currently on the live register; and if he will make a statement on the matter. [24338/13]

Amharc ar fhreagra

Freagraí scríofa

The statistical data requested by the Deputy is supplied in the following table. Non-EEA nationals, including students, residing in Ireland for more than three months must register with the Garda National Immigration Bureau. The table is based on a series of snapshots taken in March 2011, 2012 and 2013 of the resident non-EEA student population at that time. The table also indicates the number of those students who had first registered within the preceding 12 months (i.e. new students)

Not all students require visas to travel to Ireland. However the statistics cover all registered non-EEA national students whether they are visa required or not and, as such, provide a more accurate representation of the number of international students who have come to Ireland in the years requested.

March 2011

March 2012

March 2013

New Student Registrations

9061

7375

12224

Total Student Registrations

29911

28354

28962

All of the above students are registered on a "Stamp 2" student permission which allows access to the Irish labour market without the need for an employment permit from the Department of Jobs, Enterprise and Innovation. That access is limited to 20 hours per week during academic terms and 40 hours per week during college holidays.

While there may be some potential for displacement it should be noted that the concession whereby students are permitted to work is similar to that in many of our competitor countries and it is seen by providers as a vital element of the "package" offered by Ireland when we seek to attract foreign students. This concession together with the high quality of our education offering has facilitated the growth of a significant international student sector in Ireland which is an important contributor to national economic activity.

Moreover, the international education sector provides significant employment and income for the Irish economy and any analysis of the student work concession must be balanced against this contribution. The Government believes that there is significant potential for Ireland in attracting international students to study at high quality institutions. My colleague, the Minister for Education and Skills, is implementing a comprehensive reform process in the education sector including the establishment of the new Qualifications and Quality Agency and plans to establish a Quality Mark for English language schools and further and higher education colleges as part of efforts to get more international students to study here.

This work is operating in tandem with ongoing reform of the student immigration regime. The value of the work concession is clear in terms of promoting Ireland's quality education sector in a competitive market. However it would be naive to ignore the capacity of the student migration route to be abused by economic migrants and by less scrupulous parties seeking to facilitate their entry to the State. Therefore the concession must be seen as inextricably linked with and dependent on the ongoing work led by the Department of Education and Skills in the area of quality assurance, the commitment of service providers to quality standards and the maintenance of effective immigration controls at all stages of the process.

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