Written Answers Nos. 1-33
9. Deputy Michelle Mulherin asked the Minister for Justice and Equality if she will consider putting in place funding for the provision and upgrading of closed-circuit television systems, with dedicated monitoring staff, to assist with policing for towns and villages throughout the country, which have experienced a reduction in Garda numbers and-or where Garda stations have closed; and if she will make a statement on the matter. [6967/15]
Amharc ar fhreagraCCTV systems installed for the purposes of crime prevention and as aids to policing in areas to which the general public routinely have access, such as town centres, fall into two distinct categories: Garda CCTV systems and community-based CCTV systems.
Garda CCTV systems are planned and implemented on the basis of An Garda Síochána's identified operational needs and priorities. Accordingly, decisions in relation to the introduction or extension of such systems are a matter for the Garda Commissioner. I am advised by the Garda authorities that current Garda CCTV arrangements are kept under ongoing review in the context of An Garda Síochána's operational requirements.
As regards community-based CCTV, a scheme was launched in 2005 which provided financial assistance to qualifying local organisations towards meeting the capital costs associated with the establishment of a local community CCTV system. Two rounds of funding were advertised under that Scheme, most recently in 2007. All of the available funding provided under the previous two rounds was fully allocated. There are currently no plans to further extend the Scheme, but of course the issue will be kept under review in the context of the availability of funding and competing priorities.
The Deputy will be aware that the decision to close a number of Garda stations in 2013 was the result of a comprehensive operational assessment carried out by the Garda Commissioner, the objective of which was to ensure that Garda resources are used in the best and most efficient way possible. In particular, freeing up Gardaí from desk duties has increased the number of Gardaí available for frontline policing and confronting crime. More generally, in relation to Garda numbers, the Deputy will be aware that for the first time since May 2009 there are now 300 Garda recruits in training in Templemore.
12. Deputy Terence Flanagan asked the Minister for Justice and Equality if she will consider a new inquiry into the Stardust tragedy; and if she will make a statement on the matter. [6968/15]
Amharc ar fhreagraAs the Deputy will be aware, following a long campaign on the part of the victims, Mr. Paul Coffey SC was appointed in 2008 by the then Government, with the agreement of the Victims Committee, to review the case made by the Committee for a new inquiry into the fire. His report was published in January 2009. He concluded that the original Tribunal finding of arson was a hypothetical one only and that no one present on the night can be held responsible. He further concluded that in the absence of any identified evidence as to the cause of the fire, the most another inquiry could achieve would be another set of hypothetical findings, which would not be in the public interest. The then Government accepted Mr. Coffey's findings and motions were passed in both Houses of the Oireachtas endorsing his conclusions and expressing sympathy with the families.
I accept, of course, that some of the victims and their relatives of this dreadful tragedy do not accept the conclusions of the Independent Examination, during which persons were free to make their case to Mr. Coffey. Indeed the concerns of the Stardust Committee in this regard were outlined to me when I met with representatives of the Committee last July. This meeting provided an opportunity for me to hear their concerns at first hand. At that meeting they set out, in some detail, their concerns in relation to the Inquiries into this matter that have been undertaken previously and some related financial issues that have arisen.
Since that meeting my Department has engaged in extensive communications with representatives of the Committee in relation to matters raised by them and these communications are ongoing.
I remain open to considering any material that the Committee or their representatives wish me to consider in this regard and my Department has, in its communications, made that clear. In saying this I should caution against raising unrealistic expectations about what can be achieved or appearing to suggest that the outcome of the Coffey examination can be set aside, simply on the basis that his conclusions are not accepted by some.
I wish also to inform the Deputy that allegations raised by the Stardust Relatives' and Victims Committee and their representatives in relation to certain matters are the subject of an ongoing investigation by An Garda Síochána. I am informed, by the Garda Commissioner, that this is a complex investigation and, you will understand, I cannot do anything that might cut across this investigation.
13. Deputy Terence Flanagan asked the Minister for Justice and Equality her plans to increase recruitment of new gardaí to the Garda Síochána; if she will modernise the use of new technology in the Garda Síochána; and if she will make a statement on the matter. [6969/15]
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.
The Garda Síochána provides a vital public service, protecting the public from crime and safeguarding the security of the State. As with any such a service, there must be a twin-track approach of investment and reform. In that regard, the Deputy will be aware of the significant programme of Garda reform already under way.
Side by side with the reform process, I was very pleased 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.
In addition to investing in recruitment, I am committed to seeing that the Garda ICT infrastructure gets the investment it needs to enable the Garda Síochána to deliver an optimum policing service. The recent report of the Garda Inspectorate on Crime Investigation highlighted the importance of this. That is why I have established, in co-operation with my colleague the Minister for Public Expenditure and Reform, a steering group to oversee the drawing up a Garda ICT strategy, which will identify the medium and longer term Garda ICT requirements, as well as more immediate priorities. The steering group, which has started work, is chaired by Josephine Feehily, the chairperson-designate of the Policing authority, and includes representatives from the Garda Síochána, the Garda Inspectorate, my Department and the Department of Public Expenditure and Reform, as well as the Government's Chief Information Officer. This work is being taken forward with urgency, and will provide a clear basis for planned and sustained investment in Garda ICT.
14. Deputy Peadar Tóibín asked the Minister for Justice and Equality if the public refusal by landlords to accept tenants in receipt of rent allowance is a discriminatory act under the Equal Status Acts; and if she will make a statement on the matter. [6971/15]
Amharc ar fhreagraThe Equal Status Acts 2000-2012 outlaws discrimination in the provision of goods and services on nine specified grounds. These grounds do not include income source.
While I do from time to time receive correspondence relating to this matter and while the general issues so raised may come to inform policy and legislative change, I am sure the Deputy will appreciate it would not appropriate for me, as Minister of State, to provide an interpretation of the law.
However, I can confirm at this point in time, that the Government has decided, in principle, to bring forward amendments to the Equal Status Acts to prohibit discrimination in relation to residential tenants, or prospective tenants on the basis that they are assisted with their rent through rent supplement or social welfare payments.
Legislative amendments in this regard are being prepared by my Department in consultation with the relevant other Departments. These are expected to be ready soon and once approved by Government, I intend to publish them as amendments to the Employment Equality (Amendment) (No. 2) Bill. Committee Stage of that Private Member's Bill will resume in the Seanad later in this parliamentary term with a view to its early enactment.
15. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when the mediation Bill 2012 will be introduced in Dáil Éireann. [6983/15]
Amharc ar fhreagraThe objective of the Mediation Bill, which is fully in line with the commitment given in the Programme for Government, is to promote mediation as a viable, effective and efficient alternative to court proceedings thereby reducing legal costs, speeding up the resolution of disputes and relieving the stress involved in court proceedings.
The Bill will provide that a solicitor or barrister advising or acting for a client must, prior to the commencement of any civil proceedings, including family law proceedings, provide the client with information about mediation as an alternative means of resolving disputes, details of bodies or individuals providing mediation services and an estimate of the costs likely to arise in the event of legal proceedings. It also provides that following commencement of any such proceedings, a court may on the application of a party, or of its own motion where it considers it appropriate, suspend proceedings in order to facilitate mediation.
The Government approved the General Scheme of the Bill in March 2012 and the Mediation Bill is being drafted in the Office of the Parliamentary Counsel. The Deputy will appreciate that the Government has a demanding schedule of urgent legislation at present and for that reason it is not possible to give a specific date for publication of the Bill at this stage. However, it is my intention to proceed quickly with enactment of the legislation following publication of the Bill later this year.
16. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if she has given further consideration to requests by a person (details supplied) and that person's legal representatives for inclusion on the review panel into cases of Garda misconduct; and if she will make a statement on the matter. [7115/15]
Amharc ar fhreagraI can confirm to the Deputy that the person to whom he refers is included amongst those whose complaints are under consideration by the panel of counsel appointed to operate the Independent Review Mechanism set up to consider allegations of Garda misconduct and inadequacy in the investigation of such allegations.
The review of each complaint will consist of an examination of the papers in the complaint by a counsel from the panel. Following the review of each complaint a recommendation will be made as to whether any further action is desirable and could practicably be taken.
I am aware of requests that the person concerned, her legal representatives and other third parties have made to have her complaints investigated by the Commission of Investigation recently established under Order No 38 of 2015 and being conducted by Mr Justice Kevin O'Higgins following the recommendations made in the Guerin Report.
Where counsel do recommend further investigations, I will be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.
I am clear that where further investigation is recommended by the review then that will occur. However I would also make the point that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation.
17. Deputy Clare Daly asked the Minister for Justice and Equality if she is satisfied that the environment in An Garda Síochána is an appropriate one for whistleblowers; if she has formally discussed these matters in 2015 with the Garda Commissioner; and if she will make a statement on the matter. [7106/15]
Amharc ar fhreagraThe Protected Disclosures Act 2014 came into operation on 15 July, 2014 as part of this Government's comprehensive approach to enhance the protection available to whistleblowers, including Garda whistleblowers. Section 19 of the Act inserted a new provision into the Garda Síochána Act 2005, which provides for the Garda Síochána Ombudsman Commission (GSOC) to be a prescribed person under the 2014 Act to investigate disclosures relating to the Garda Síochána, including disclosures from members of the Garda Síochána. The new provision also repealed the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007. The Statutory Instrument (No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures was signed into law on 23 July, 2014.
Members of the Garda Síochána may now communicate their concerns to the Garda Commissioner (as their employer) or to GSOC (as a prescribed body) under the provisions of the Protected Disclosures Act 2014 and are entitled to the protections provided by the Act.
I am satisfied that the legislative provisions now in place under the 2014 Act, including the protections afforded for whistleblowers, will prove to be an effective remedy for members who wish to report their concerns regarding potential wrongdoing.
As to the question relating to my discussions with the Garda Commissioner, the Deputy may be aware that I have regular discussions with the Commissioner across a wide range of issues that relate to our respective roles.
18. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the policing of anti-water charges protests in the past month; and if she will make a statement on the matter. [7110/15]
Amharc ar fhreagraThe statutory functions of An Garda Síochána include the preservation of peace and public order, protecting life and property and vindicating the human rights of individuals. Accordingly, Gardaí have attended routinely at water meter installations and protests where it has been necessary to perform these functions.
An Garda Síochána always endeavour as best they can to facilitate peaceful protests and demonstrations. This is clearly evidenced by the many peaceful demonstrations and protests that take place around the country on a variety of issues of public interest, including large demonstrations late last year with regard to water charges. These peaceful and dignified protests are in stark contrast to the other forms of protest against the installation of water meters where a small few have prevented workers from going about their lawful business through intimidation, obstruction and worse behaviour.
I am sure the House will agree that is it always unfortunate when a small number of individuals resort to means other than peaceful ones to express their views or to engage in protest. We have, unfortunately, seen examples of this in respect of some of the protest actions against water charges and the installation of water meters. In this context, the Gardaí are trained to defuse confrontation using a range of proportionate methods appropriate to the circumstances.
I have every confidence that this will continue to be the case.
Let me emphasise that there is also an obligation on the organisers of protest actions to ensure that they do not create situations which they cannot control. Such events can on occasion lead to the danger of breaches of public order. The role of An Garda Síochána in such instances is to ensure, insofar as it is possible, that this does not happen and that other members of the public may go about their lawful business. Indeed, the presence of An Garda Síochána is also essential to ensure the safety of protesters in such circumstances.
Of course, it is open to anyone to complain about the behaviour of an individual member of An Garda Síochána through the Garda Síochána Ombudsman Commission (GSOC) where they feel that such complaint is warranted. GSOC is an independent body which was set up to receive complaints made by members of the public concerning allegations of misconduct by members of the Garda Síochána. Any evidence to support these claims should also be brought to the attention of GSOC.
19. Deputy Seán Kyne asked the Minister for Justice and Equality the progress in the establishment of a new Garda divisional headquarters in County Galway; and if she will make a statement on the matter. [7108/15]
Amharc ar fhreagraThe programme of replacement and refurbishment of Garda accommodation is based on accommodation priorities which are established by An Garda Síochána. The programme is advanced in close co-operation with the Office of Public Works, which has responsibility for the provision and maintenance of Garda accommodation. Funding for such works is provided for in the Vote of the Office of Public Works.
In July 2012, the Government announced an economic stimulus package which included three major Garda construction projects, namely the development of new Divisional HQ Stations at Wexford, Galway and Kevin St, Dublin. Initially, these projects were to be financed by way of public private partnership (PPP), however the Office of Public Works (OPW) was subsequently requested to develop the new facilities by way of a traditional procurement process.
Included in Budget 2015 is a capital allocation of €42 million in 2015 for the provision of these three new Garda Divisional Headquarters.
I am advised by the Garda authorities that the procurement process for the construction of all three Divisional Headquarters is significantly advanced with work expected to commence on the Galway project in the coming months.
20. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to overhaul the Coroner Service's legislation currently in place in this State. [6982/15]
Amharc ar fhreagraAs the Deputy will know, the Coroners Bill 2007 provides for a comprehensive reform of the Coroners Act 1962 and of the existing coroner system, including the establishment of a new Coroner Service. It incorporates many of the recommendations made by the Coroners Review Group in 2000, and by the Coroners Rules Committee in 2003, as well as a detailed review of reforms to coronial systems in other common-law jurisdictions (particularly New Zealand and Northern Ireland).
The 2007 Bill needs review in the light of:
- the changed public finances;
- the increased emphasis on delivering leaner, better integrated and more customer-focused public services; and
- developing coroner practice and caselaw, particularly on the application to coroners' inquests of Art. 2 of the European Convention on Human Rights.
I can confirm to the Deputy that a review of the Coroners Bill 2007 has commenced, at my request, with a view to developing a plan for its progression.
As finalising the review is dependent on competing legislative priorities, I am not in a position, at present, to give a definitive indication on a timeframe for this project.
21. Deputy Ruth Coppinger asked the Minister for Justice and Equality if she has received a report from the Director of Public Prosecutions or her officials on the recent arrests in the Tallaght area related to a protest in Jobstown, Dublin 24, in November 2014; and if she will make a statement on the matter. [7111/15]
Amharc ar fhreagraI am aware of the arrests to which the Deputy refers.
These arrests took place in the context of an ongoing criminal investigation which is being carried out by An Garda Síochána at present. It would clearly be wrong of me to say anything which would interfere in any way with that investigation.
I am sure the House will appreciate that it is a matter for An Garda Síochána to investigate crime. It is exclusively a matter for An Garda Síochána to decide, in accordance with the law, who is to be arrested and detained as part of any given investigation. Equally, it is a matter for the Director of Public Prosecutions to decide independently in accordance with the law whether persons are charged and it is a matter for the Courts to deal with persons who are facing charges.
Anybody who has a complaint about the manner in which they have been dealt with by An Garda Síochána can bring that complaint to the Garda Síochána Ombudsman Commission which is entirely independent in the discharge of its functions.
22. Deputy Gerry Adams asked the Minister for Justice and Equality in view of the increasing numbers of refugees drowning or being abandoned at sea while seeking entry into Europe, if she discussed the possibility of European Union governments, including this Government, agreeing to accept more refugees. [2134/15]
Amharc ar fhreagraI am acutely aware of the impact on ordinary lives resulting from the various conflicts around the world and that many people displaced by these conflicts have put their lives at risk by undertaking dangerous journeys by sea towards Europe.
Effectively addressing the implications of these global crises is one of the challenges facing the international community and these matters have been discussed at both Ministerial and Official level both here and in the EU.
Together with 25 other resettlement States worldwide, including 16 EU Member States plus Norway, Iceland and Switzerland, Ireland is working closely with the UNHCR to respond to the plight of the most vulnerable persons displaced by these conflicts.
Through the resettlement programme, and in co-operation with local agencies in the region, the UNHCR identifies the most vulnerable refugees and refers them to resettlement States, including Ireland, for consideration.
Since 2000, 1,185 vulnerable persons from 27 different countries, including Iraq and Syria, have been resettled in Ireland and 40 persons have been relocated from Malta. The refugees have been resettled in 21 different communities throughout Ireland.
Over the coming years, Ireland is committed to continuing to support the efforts of the UNHCR to respond to the plight of vulnerable refugees.
Resettlement is just one of a suite of responses to persons displaced by the Syrian conflict. In 2014, Ireland introduced a Syrian Humanitarian Admission Programme (SHAP). The SHAP offered naturalised Irish citizens of Syrian birth and Syrian nationals already legally resident in Ireland an opportunity to make an application for vulnerable close family members to join them in Ireland for up to two years under a sponsorship programme.
These are persons who are considered by their sponsoring family member present in Ireland to be most at risk. 114 beneficiaries have been granted admission under the programme. In addition, Syrians legally resident in Ireland, for example, students or persons on work permissions may apply for an extension of their permission to remain in the State while the crisis situation continues.
Of course, the opportunity to access Ireland's asylum procedures is open to any person who arrives at the frontiers of the State seeking protection or otherwise indicating an unwillingness to leave the State for fear of persecution. All applications for protection made in Ireland are processed in accordance with our international obligations and the granting of protection in Ireland is considered in accordance with a prescribed legal framework and exclusively on the merits of applications having regard to their subjective and objective elements. The protection system in Ireland is robust but fair and anybody who presents seeking protection and who is entitled to such protection will be granted it.
A total of 1,444 asylum applications were received in 2014 as compared with some 950 for 2013 equating to a 52% increase. This reverses the trend of recent years when application numbers were decreasing year on year. Applications have continued to trend upwards in 2015 with a further significant increase reported in January compared with the same period last year.
A total of 426 persons were declared to be refugees or persons eligible for subsidiary protection in 2014. This equates to a grant rate of 30%. Those granted protection were mainly from high risk countries such as Somalia, Sudan, Afghanistan, Iraq, Syria, Iran and Malawi.
Ireland has also made generous financial contributions (over 28 million euro) to countries in need through Development Aid at a time of severe financial constraints, and continues to provide support to those directly involved in humanitarian work in Syria and the wider region.
23. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will allow for the provision of a conscientious objection clause in order to safeguard the rights of persons, businesses and other institutions who may be compelled to participate in or provide services for the celebration of same-sex civil partnerships or same-sex marriage, in the event of the upcoming referendum on marriage equality being passed; and if she will make a statement on the matter. [6970/15]
Amharc ar fhreagraAs the Deputy will know, when the Government decided on 5 November 2013 that a referendum would be held on the question of enabling same-sex couples to marry, it reiterated its commitment that the freedom of religion of religious solemnisers would be guaranteed. My Department is engaged in the development of the Implementation Bill which will be brought forward if the referendum on the Thirty-fourth Amendment of the Constitution is passed by the people. That Bill will be designed to make the necessary adjustments in existing law, including marriage law, to ensure that the decision of the people is implemented. The issue of guaranteeing the freedom of religion of religious solemnisers will be addressed in that context.
I hope to be in a position to publish the General Scheme of the Implementation Bill in advance of the planned Second Stage debate on the Thirty-fourth Amendment of the Constitution (Marriage Equality) Bill 2015 so that there will be a clear indication as to the legislative changes that are intended to be brought forward if the referendum is approved by the people.
24. Deputy Finian McGrath asked the Minister for Justice and Equality her plans to assist children who are being intimidated out of their homes by criminal elements; and if she will make a statement on the matter. [2164/15]
Amharc ar fhreagraAs the Deputy may be aware, An Garda Síochána have established a Drug Related Intimidation Reporting Programme and this programme is in operation in the area referred to. The programme is designed to respond to the needs of drug users and family members who are experiencing drug related intimidation as a result of financial debt which they may have incurred. In this regard, a Garda Inspector has been appointed to oversee the programme in the area and can provide confidential contact details for any member of the public seeking advice and support. Gardaí also maintain strong links to facilitate communication at community level, in particular through liaison with the National Family Support Network, which supports families affected by substance abuse.
I am informed that local Gardaí have been in direct contact with the Deputy in relation to his concerns in recent weeks and provided him with information concerning the above programme. I understand, however, that local Garda management is not aware of any specific recent incidents in the area of the type referred to.
25. Deputy Paul Murphy asked the Minister for Justice and Equality the policies and procedures that exist for the arrest of minors, in particular the measures taken to ensure the use of force is proportionate, the questioning and length of detention is age-appropriate, and their education routine is not disrupted. [7112/15]
Amharc ar fhreagraI wish to inform the Deputy that policies and procedures that exist for the arrest of minors are set out in Part 6, sections 55-70 of the Children Act, 2001.
The full text of the Children Act, 2001 can be accessed via the website of the Irish Youth Justice Service at www.iyjs.ie under legislation.
26. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to meet with the Garda Representative Association to discuss the pay of the new members of An Garda Síochána who are currently training in Templemore Garda College. [6985/15]
Amharc ar fhreagraI am always happy to meet with the Garda Representative Association or indeed any of the Garda associations, to discuss issues of concern to them and to their members.
The Deputy will be aware that the current Garda recruitment campaign commenced in late 2013 and attracted over 20,000 applications. Details of the remuneration package, ie basic pay and allowances were made available to all applicants prior to their recruitment.
27. Deputy Catherine Murphy asked the Minister for Justice and Equality if her attention has been drawn to the fact that in 2014 and 2015, almost 200 gardaí will have availed of the incentivised career break scheme, as set out in the Public Service Stability Agreement 2013-2016, and those figures are being counted as actively serving officers when Garda staffing levels are reported; if this is misleading; if she will commit to including such figures in the future; and if she will make a statement on the matter. [7120/15]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and vehicles, among the Garda Regions, Divisions and Districts. Garda management keeps 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.
I have been informed by the Garda Commissioner that the 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. As of 31 December 2014, the latest date for which figures are readily available, there were 98 members on Career Breaks which is included in the figure of 12,799. Members of An Garda Síochána availing of career breaks are not included in District or Station strengths. However the members are included in the overall strength of An Garda Síochána as they are entitled to return to their position.
Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategy, are continually monitored and reviewed and this is determined by a number of factors including population, crime trends and as the policing needs of each individual division dictates. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.
28. Deputy Niall Collins asked the Minister for Justice and Equality when she foresees the independent review mechanism completing its work; her views on establishing a commission of investigation into serious cases which raise fundamental questions regarding the malpractice of certain members of An Garda Síochána; and if she will make a statement on the matter. [6989/15]
Amharc ar fhreagraThis Government, as part of its response to the report by Seán Guerin SC, took the initiative to have an independent review carried out of the allegations of Garda misconduct which had been submitted to my Department, to the Office of the Taoiseach and a number of other public representatives. This unprecedented decision was taken with a view to getting an objective and independent legal view on whether further action might be warranted in any case.
As the Deputy is aware, a panel consisting of two senior and five junior counsel was established for that purpose. This independent review panel has been examining 315 cases referred to them. This is a significant number of cases, and somewhat higher than originally estimated, but I think it was important to refer to the Panel all of the allegations that have been made to me as Minister or to the Taoiseach, whether they came direct from complainants or through representative groups, with only the most minimal filtering out of cases which did not actually relate to the Garda Síochána. This does mean that counsel are examining a very wide range of cases, some of which deal directly with the Garda Síochána, but others of which extend to other aspects of the criminal justice system beyond my remit, such as the prosecution and trial of offences. It is also worth noting that the cases contain a very wide variety in the seriousness of the allegations.
The Panel has made significant progress and the submission of recommendations to me is being prepared by officials. Each recommendation will be very carefully considered, but as a matter of general principle let me say quite clearly that, in coming to a decision in each case, I will be very strongly guided by the independent advice of counsel. Quite clearly, having engaged counsel for this review it would be entirely appropriate to be guided by their advice.
Where counsel do recommend further investigations, I will as I say be very strongly guided by that advice. Clearly, there are a number of possible options for further investigations, in particular by way of referral to GSOC, but any recommendation for referral of a case to a commission of investigation will be very carefully considered, including whether this could be achieved by way of amending the terms of reference of an existing commission or the establishment of a separate commission.
However I would also make the point that in many cases, counsel may recommend that no further action can reasonably be taken. This might be, for example, because a case has already been through due process, such as an investigation by GSOC or a court hearing, even though the complainant remains unhappy with the outcome. The crucial point, however, is that every case will have been reviewed by independent counsel, who will have made an objective recommendation. There will be no undue delay in the process of notifying complainants of the outcome of the reviews.
29. Deputy Catherine Murphy asked the Minister for Justice and Equality the reason for the extreme delay in advancing the Criminal Justice (Spent Convictions) Bill 2012; the reason the legal advice from the Attorney General pertaining to an ongoing legal case in the United Kingdom has been deemed sufficient to halt the legislative progress of the Bill, when the case in question would not be covered by the terms of the Bill as drafted; if she will outline a timeframe for the resumption of the Bill; and if she will make a statement on the matter. [6972/15]
Amharc ar fhreagraThe current position is that the Bill has passed Committee Stage in the Dáil, having passed all stages in the Seanad. However, before the Bill could be taken at Report Stage, a 2013 UK Court of Appeal judgment necessitated a review of the disclosure provisions in both the National Vetting Bureau (Children and Vulnerable Persons) Act 2012 and the Spent Convictions Bill. That review has been completed and amendments to the Vetting Act and consequential amendments to the Spent Convictions Bill are currently being drafted. I expect the amendments to be brought before the Oireachtas before the summer.
The UK Court of Appeal found that the UK policy of disclosing all criminal convictions was in breach of Article 8 of the European Convention on Human Rights. The Court found that disclosure of old minor criminal records should not be automatic but should instead be based on consideration of the relevance and proportionality of the conviction. The Attorney General has advised that similar considerations should apply to disclosure of criminal convictions in this State.
30. Deputy Thomas P. Broughan asked the Minister for Justice and Equality her plans to review the legislative gaps in access to safety and protection orders for family members and loved ones who are not residing with a person accused of alleged serious harassment, in view of recent tragic murders. [6973/15]
Amharc ar fhreagraWhile there is already a range of legislative provisions available for the protection of persons in domestic and other situations it is important that we learn from the particular circumstances of every such tragic death so that we might improve our legislative provisions where necessary.
The Government is committed to introduce consolidated and reformed domestic violence legislation to address all aspects of domestic violence. In this regard, I intend to bring the General Scheme of a consolidated Bill on domestic violence to Government early this year with a view to enactment later this year.
My Department has received a number of proposals in relation to the reform of our domestic violence legislative provisions including the extension of the availability of orders to other classes of applicants. All such proposals will be carefully considered during the legislative process for the Bill.
31. Deputy Niall Collins asked the Minister for Justice and Equality when the Istanbul Convention will be ratified and implemented here; the action that will be taken to address domestic violence further; and if she will make a statement on the matter. [6991/15]
Amharc ar fhreagraMy intention is to seek Government approval for Ireland to sign the Istanbul Convention this year. This is a matter of priority for me.
My Department has been working to establish precisely the actions which would need to be taken in order to ratify and implement the Council of Europe Convention on Preventing and Combatting Violence against Women and Domestic Violence - the Istanbul convention.
As the Deputy may be aware, I intend to bring the General Scheme of a consolidated bill on domestic violence to Government this year which will strengthen our protections in relation to such violence and along with other legislative amendments underway in my Department will assist in Ireland ratifying the convention.
Other legislation under development in my department which will assist us in becoming fully compliant with the provisions of the convention includes legislation to transpose the EU Victims of Crime Directive.
A further measure under development in my Department which will take cognisance of the requirements of the convention is a new strategy on Domestic, Sexual and Gender-based Violence for 2015 onwards.
32. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the progress of the work of the independent panel of counsel reviewing allegations of Garda malpractice; and when its recommendations are due. [6986/15]
Amharc ar fhreagraThis Government, as part of its response to the report by Seán Guerin SC, took the initiative to have an independent review carried out of the allegations of Garda misconduct, which had been submitted to my Department, to the Office of the Taoiseach and a number of other public representatives. This unprecedented decision was taken with a view to getting an objective and independent legal view on whether further action might be warranted in any case. As the Deputy is aware, a panel consisting of two senior and five junior counsel was established for that purpose. This independent review panel has been examining 315 cases referred to them. This is a significant number of cases, and somewhat higher than originally estimated, but I think it was important to refer to the Panel all of the allegations that have been made to me as Minister or to the Taoiseach, whether they came direct from complainants or through representative groups, with only the most minimal filtering out of cases which did not actually relate to the Garda Síochána. This does mean that counsel are examining a very wide range of cases, some of which deal directly with the Garda Síochána, but others of which extend to other aspects of the criminal justice system beyond my remit, such as the prosecution and trial of offences. It is also worth noting that the cases contain a very wide variety in the seriousness of the allegations.
It is important that nothing arises which might detract from the integrity of the review mechanism. It is therefore considered inappropriate to place a time constraint upon the working of the Panel, although they intend to conclude their work as soon is reasonably practicable. The crucial point is that every case will have been reviewed by independent counsel, who will have made an objective recommendation. The Panel has made significant progress and the submission of recommendations to me is being prepared by officials. Each recommendation will be very carefully considered, but as a matter of general principle let me say quite clearly that, in coming to a decision in each case, I will be very strongly guided by the independent advice of counsel. Quite clearly, having engaged counsel for this review it would be entirely appropriate to be guided by their advice. There will be no undue delay in the process of notifying complainants of the outcome of the reviews.
33. Deputy Seán Kyne asked the Minister for Justice and Equality in view of the investment in the procurement of vehicles to support the work of An Garda Síochána, if any such vehicles will be equipped with additional facilities and supports to assist An Garda Síochána in policing duties in rural areas; and if she will make a statement on the matter. [7109/15]
Amharc ar fhreagraDecisions in relation to the provision, allocation and fit out of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational demands and the availability of resources.
In that context, the additional €10 million which I recently secured for investment in the Garda fleet will provide for a significant number of new Garda vehicles. I am advised by the Garda authorities that, to date, an order for 370 new vehicles has been placed. These vehicles will be allocated over the coming months, following fit out, in accordance with the Garda Commissioner's identified policing requirements.
I am further informed that Garda vehicles are designed to perform a range of duties and current vehicle specifications are deemed sufficient to meet operational demands.
