Written Answers Nos. 114-122
114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which cold cases continue to receive attention and follow-up; if sufficient resources remain available to An Garda Síochána; and if she will make a statement on the matter. [7569/15]
Amharc ar fhreagraI am informed by the Garda authorities that the function of the Serious Crime Review Team (SCRT) is to assist Senior Investigating Officers assigned to the case in question in bringing investigations to a successful conclusion by identifying further investigative opportunities and ensuring that investigations conform to approved best practice guidelines.
At the conclusion of each review a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation for dissemination back into the investigative and operational units. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the SCRT continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the efforts that continue to be made to combat recidivism, with particular reference to crime committed while on bail, more than once; the extent to which resources are available to combat this trend; and if she will make a statement on the matter. [7570/15]
Amharc ar fhreagra116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of occasions on which crime was committed by those on bail in the past six years to date, by category of crime; and if she will make a statement on the matter. [7571/15]
Amharc ar fhreagra117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the law on bail continues to be abused by the criminal fraternity; and if she will make a statement on the matter. [7572/15]
Amharc ar fhreagraI propose to take Questions Nos. 115 to 117, inclusive, together.
Tackling recidivist and prolific offending is a key focus for An Garda Síochána and the criminal justice system generally. Garda operations such as Operation Fiacla identify and target prolific offenders and arrangements are in place for the case management of such offenders so that all relevant information is co-ordinated by An Garda Síochána and available when such persons come before the courts.
The Deputy will also be aware that both the Probation Service and the Irish Prison Service work through a variety of programmes to address offending behaviour and to promote desistance from future criminal activity. In this regard my Department has published two studies on recidivism rates for offenders who were given a community sanction or a custodial sentence in recent years. The findings of these reports, and it is hoped future studies on recidivism rates, provides invaluable information to both the Probation Service and the Irish Prison Service in identifying the interventions that are most effective in changing offending behaviour.
In relation to bail, the Deputy will be aware that a decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.
Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A "serious offence" is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.
Section 11 of the Criminal Justice 1984 as amended by section 22 of the Criminal Justice Act 2007 provides that any sentence of imprisonment for an offence committed while on bail shall be consecutive but if imposed in the District Court the aggregate term of imprisonment shall not exceed two years.
As regards reform of the bail laws, I can inform the Deputy that the preparation of the General Scheme of a Bail Bill to modernise the law on bail is at a very advanced stage and I intend to bring proposals to Government on the matter in the coming weeks.
While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I wish to take the opportunity to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to focus the legislation on the protection of the individual and of the public. The intention is that the new provisions will provide better guidance to the courts on how such protection might be provided. The new Bill will seek to improve the operation of the bail system and make the law as effective as possible in protecting the public against the commission of offences by persons on bail.
In relation to the information sought about crimes committed while on bail, I have asked the Central Statistics Office, as the national statistical agency responsible for the publication of crime statistics, to provide relevant information directly to the Deputy.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which any drop in Garda strength, through retirement, dismissal and resignation, is being addressed by way of recruitment; and if she will make a statement on the matter. [7573/15]
Amharc ar fhreagraThe strength of the Garda Síochána on 31 December 2014, the latest date for which figures are readily available, was 12,799. There were also 1,124 Garda Reserve members, with a further 48 in training. In addition, there were over 2,000 Garda civilian staff.
I was very pleased that my colleague the Minister for Public Expenditure and Reform agreed to the resumption of Garda recruitment. Last September, 100 new Garda recruits entered training at the Garda College in Templemore, the first intake of Garda recruits since May 2009. This was followed by an intake of a further 100 recruits in December and a third intake of 100 this month. This means that there are now 300 Garda students in training.
I remain in discussion with my colleague the Minister for Public Expenditure and Reform on the timing of future intakes of Garda recruits.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which various promotional posts remain to be filled throughout An Garda Síochána; and if she will make a statement on the matter. [7574/15]
Amharc ar fhreagraOne of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána. The Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continuing review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of these resources. This necessary ongoing flexibility in the distribution of personnel means that it is not feasible to identify specific vacancies within specific areas of the force.
Where current actual strength is below the approved maximum strength, it is the Garda Commissioner who will make the necessary arrangements to have the balance of posts filled through promotion competitions.
Promotion competitions to fill a number of vacancies at the ranks of Chief Superintendent and Superintendent have been completed and the Government has approved my recommendation to make six (6) appointments at Chief Superintendent level and thirty five (35) appointments at Superintendent level. Competitions for promotion to the ranks of Inspector and Sergeant will commence as early as possible this year.
An open competition to fill the two vacancies at Deputy Commissioner level is currently underway under the auspices of the Public Appointments Service.
120. Deputy Niall Collins asked the Minister for Justice and Equality where the new Garda Síochána headquarters for the south-eastern region will be located; the rationale behind the selection of this location; and if she will make a statement on the matter. [7575/15]
Amharc ar fhreagraI am advised by the Garda authorities that a new Garda Division of Kilkenny/Carlow was established in 2008 with Kilkenny designated as the Divisional HQ Station. Kilkenny Garda Station has been upgraded and extended to meet the requirements of a Divisional HQ Station and to provide for the office of the Assistant Commissioner, South Eastern Region.
In that context, I am advised that the office of the Assistant Commissioner, South Eastern Region has been located at Government Buildings, Hebron Road, Kilkenny since November, 2013.
121. Deputy Tony McLoughlin asked the Minister for Justice and Equality regarding the proposed new legislation restricting certain licensed firearms, the current efforts to tackle the high number of illegal firearms, which is estimated to be more than 100,000; and if she will make a statement on the matter. [7585/15]
Amharc ar fhreagra122. Deputy Tony McLoughlin asked the Minister for Justice and Equality the protection local businesses affected by the proposed new firearms legislation will be offered; and if she will make a statement on the matter. [7587/15]
Amharc ar fhreagra125. Deputy Tony McLoughlin asked the Minister for Justice and Equality the compensation to be provided to persons affected by the proposed new firearms legislation, who will have to surrender or destroy their weapons and recreational equipment; and if she will make a statement on the matter. [7636/15]
Amharc ar fhreagraI propose to take Questions Nos. 121, 122 and 125 together.
I should say initially that my Department is not aware of any reliable basis for the figure quoted in the Deputy's question as representing the number of illegal firearms here.
In light of public safety concerns highlighted by An Garda Síochána, a joint Department of Justice and Equality/An Garda Síochána Working Group was established by the Department of Justice and Equality to review firearms licensing. The report of this Working Group was published on 13 November 2014 and submissions on the report were sought from stakeholders and the public by 31 January 2015. The consultation process gave individuals and groups an opportunity to contribute to the development of firearms policy and legislation and will enable consideration to be given to the future direction of such legislation.
The submissions received are currently being examined and incorporated into a report for me. The Oireachtas Committee on Justice, Defence and Equality has also sought submissions and held hearings with interested parties in relation to the Working Party report. It is expected that their report on the issue will be available in a number of weeks.
I understand the Deputy's Question No 122 relates to what effects, if any, proposed changes to firearms licensing will have on firearms dealers. I wish to advise that the majority of licensed and licensable shotguns and rifles in this State will not be affected by the proposals to amend the firearms licensing system.
The issue of compensation which the Deputy raises is dealt with at Section 13 of the Working Group Report. The report states that the Courts have held that the possession of a firearm is not a right but a privilege. The Courts have in the past taken the view that what is in the State's gift cannot be required to be compensated if it is withdrawn.
I have already given a commitment that I will not make any final decisions until I have considered all the submissions which have been made and have met the key stakeholders, including the organisations who represent those who use firearms for sporting purposes. These meetings will take place following receipt and consideration of both my Department's and the Oireachtas Committee reports.
I have asked the Garda Commissioner for a report in relation to specific measures being taken to tackle illegal firearms. I will reply further to the Deputy when that information becomes available.
