Written Answers Nos. 122-130
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which she expects the strength of An Garda Síochána to increase over the next five years; and if she will make a statement on the matter. [13796/15]
Amharc ar fhreagra123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the total strength of An Garda Síochána in each of the past ten years and in 2015 to date, by rank and gender; and if she will make a statement on the matter. [13797/15]
Amharc ar fhreagraI propose to take Questions Nos. 122 and 123 together.
I am informed by the Garda Commissioner that Garda strength at the end of February 2015 was 12,763 with approximately 1,100 Garda Reserve members and 2,000 civilian staff. The first intake since 2009 of 100 new recruits entered training at the Garda College, Templemore, on 15th September 2014. As part of Budget 2015, a further intake of 200 recruits in two batches was announced. On 15 December 2014, the first 100 of these recruits commenced their training and the second 100 entered the college in early February. This will bring to 300 the number of recruits in the Garda College and is a measure of the Government's commitment to ensure that recruitment to An Garda Síochána continues seamlessly. The September intake will attest as members of the Garda Síochána in May 2015 with the December and February intakes attesting in August and October 2015 respectively. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year. On attestation they will be assigned to Garda stations throughout the country by the Garda Commissioner.
While it is the Government's intention that there will be ongoing seamless recruitment to the force, it is not just a question of Garda numbers. The Government are also committed to ensuring that the Garda Síochána have appropriate technical and other resources and that the necessary skilled, professional personnel are recruited to support the Gardaí in their work.
I have been informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 December 2005 to 2014 and on 28 February 2015, the latest date for which figures are readily available, broken down by rank and gender is set out in the tables.
|
Rank |
31/12/05 |
31/12/06 |
31/12/07 |
31/12/08 |
||||
|
Male |
Female |
Male |
Female |
Male |
Female |
Male |
Female |
|
|
Commissioner |
1 |
0 |
1 |
0 |
1 |
0 |
1 |
0 |
|
D/Commissioner |
2 |
0 |
2 |
0 |
2 |
0 |
2 |
0 |
|
A/Commissioner |
11 |
1 |
10 |
1 |
10 |
2 |
11 |
1 |
|
C/Superintendent |
44 |
3 |
43 |
3 |
50 |
2 |
49 |
3 |
|
Superintendent |
168 |
5 |
159 |
7 |
176 |
9 |
177 |
10 |
|
Inspector |
270 |
18 |
269 |
18 |
308 |
22 |
321 |
23 |
|
Sergeant |
1779 |
147 |
1777 |
168 |
1869 |
214 |
1971 |
258 |
|
Garda |
7809 |
2006 |
8185 |
2311 |
8505 |
2585 |
8750 |
2835 |
|
Total |
10084 |
2180 |
10446 |
2508 |
10921 |
2834 |
11282 |
3130 |
|
Rank |
31/12/09 |
31/12/10 |
31/12/11 |
31/12/12 |
||||
|
Male |
Female |
Male |
Female |
Male |
Female |
Male |
Female |
|
|
Commissioner |
1 |
0 |
1 |
0 |
1 |
0 |
1 |
0 |
|
D/Commissioner |
2 |
0 |
1 |
0 |
1 |
1 |
1 |
1 |
|
A/Commissioner |
10 |
1 |
9 |
1 |
7 |
0 |
9 |
0 |
|
C/Superintendent |
37 |
2 |
41 |
4 |
33 |
4 |
37 |
4 |
|
Superintendent |
156 |
11 |
158 |
12 |
137 |
12 |
138 |
15 |
|
Inspector |
295 |
22 |
310 |
26 |
294 |
25 |
241 |
21 |
|
Sergeant |
1814 |
264 |
1835 |
300 |
1732 |
292 |
1623 |
280 |
|
Garda |
8830 |
3102 |
8576 |
3103 |
8287 |
3068 |
8011 |
3042 |
|
Total |
11145 |
3402 |
10931 |
3446 |
10492 |
3402 |
10061 |
3363 |
|
Rank |
31/12/13 |
31/12/14 |
28/02/2015 |
|||
|
Male |
Female |
Male |
Female |
Male |
Female |
|
|
Commissioner |
1 |
0 |
0 |
1 |
0 |
1 |
|
D/Commissioner |
0 |
1 |
0 |
0 |
0 |
0 |
|
A/Commissioner |
8 |
0 |
8 |
0 |
8 |
0 |
|
C/Superintendent |
40 |
4 |
35 |
4 |
39 |
5 |
|
Superintendent |
132 |
15 |
126 |
14 |
151 |
15 |
|
Inspector |
245 |
25 |
267 |
30 |
233 |
28 |
|
Sergeant |
1570 |
290 |
1,606 |
313 |
1,596 |
312 |
|
Garda |
7762 |
3000 |
7,451 |
2,944 |
7,433 |
2,942 |
|
Total |
9758 |
3335 |
9,493 |
3,306 |
9,460 |
3,303 |
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if, in the context of determining eligibility for refugee or asylum status, due regard is had to the circumstances prevailing in the applicant's homeland, with particular reference to trafficking in women and children; and if she will make a statement on the matter. [13798/15]
Amharc ar fhreagraAll applications for refugee status are processed by the Office of the Refugee Applications Commissioner (ORAC) in accordance with the Refugee Act 1996 (as amended).
I am informed by the Commissioner that each application is decided on its own individual merits and the elements considered during the determination process include the facts and circumstances of the application (including any trafficking allegations); the protection available to the applicant in his/her country of origin; internal protection options available to the applicant elsewhere in their country of origin; whether the fears of the applicant amount to persecution; the reasons for the alleged persecution; and their fear of return in relation to their country of origin.
All asylum applicants are interviewed in accordance with the statutory procedures set out in the Refugee Act 1996. Interviewers are trained to conduct focused interviews which afford applicants the opportunity to fully explain the reasons why they fear returning to their country of origin. As part of the investigation process, the interviewer researches objective country of origin information that will inform the analysis of the application. This work is essential for researching the political and human rights situations in an applicant's country of origin.
In relation to trafficking specifically, caseworkers have received anti human trafficking training as part of their comprehensive training programme. ORAC also has a referral procedure in place with the Garda National Immigration Bureau (GNIB) and the Anti Human Trafficking Unit of my Department for investigating any possible trafficking cases. ORAC will also request GNIB at regular periods to provide updates/results on any trafficking cases referred to them as such information may be of relevance if the investigation of an asylum application is still ongoing. Where allegations of trafficking have been raised by an asylum applicant, these claims will be assessed by the caseworker in line with usual tests regarding the balance of probabilities for credibility and the reasonable likelihood of a well founded fear of persecution.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which adequate resources remain available and continue to be made available to An Garda Síochána to tackle organised crime; and if she will make a statement on the matter. [13799/15]
Amharc ar fhreagra141. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which Garda cars and information technology continue to be updated in line with best international practice; and if she will make a statement on the matter. [13815/15]
Amharc ar fhreagraI propose to take Questions Nos. 125 and 141 together.
Under the Garda Síochána Act, 2005 the Garda Commissioner is responsible for the distribution of available Garda resources. This includes personnel, Garda vehicles and the various technologies utilised to support frontline Gardaí and intelligence led operations against organised crime. This process takes account of annual policing priorities determined by me as Minister for Justice in consultation with the Commissioner as provided for under Section 20 of the Garda Síochána Act, 2005.
I am informed by the Garda Commissioner that the personnel strength of An Garda Síochána on 31 January, 2015, the latest date for which figures are readily available was 12,763. There are also 1,100 Garda Reserves and 2,000 Civilians attached to An Garda Síochána.
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 in January of this year. The first of these intakes will attest as sworn members of the Force in May of this year with the additional recruits attesting in September and October. In addition, I have received sanction from the Minister for Public Expenditure and Reform for two further intakes of 125 Garda recruits later this year.
I am further informed by the Garda authorities that they are continually looking to ensure that the latest information, communications and forensic technologies are sourced and deployed to achieve their strategic objectives as set out in the context of their annual policing plans, as provided for in section 22 of the Garda Síochána Act 2005, which includes commitments to target individuals and groups engaged in organised criminal activity and terrorism. This policy is designed to ensure that the Garda Síochána will be in a position to meet the evolving needs of a modern effective police force and take advantage of proven up to date technological developments in crime detection and prevention as they occur.
In terms of existing technology, the Deputy will be aware that a considerable amount of new Garda ICT solutions has been delivered over the past number of years. These include the deployment of a secure national digital radio system (NDRS), the deployment and support of Garda and Community CCTV systems, an automated number plate recognition (ANPR) system, and the addition of many new functions to the PULSE system, which itself is further supported by a dedicated Garda data entry service in Castlebar.
In the area of forensics the situation is that the Garda authorities currently employ state-of-the-art automated fingerprint and ballistics identification systems which I am informed are at least on a par with those used by police forces in other EU jurisdictions. The Deputy will also be aware that the forensic capacity of An Garda Síochána will be further enhanced by a new national DNA database, scheduled to become operational shortly, which was established on foot of the Criminal Justice (Forensic Evidence and DNA Database System) Act, 2014.
The Deputy will be aware that I recently secured a further €10 million for investment in the Garda fleet of which €7 million was made available in 2014. This funding brings the total investment in the Garda fleet in 2014 to €11 million. The remaining €3 million is being made available for the purchase and fit out of additional Garda vehicles in 2015.
In October, 2014, an order was placed for 370 new vehicles. These vehicles were delivered towards the end of 2014, and following fit out, are being allocated in accordance with the Garda Commissioner's operational requirements.
I have also clearly signalled my intention to support the Garda Síochána in their efforts to address deficits which were identified in the recent Garda Inspectorate report on crime investigation. However, the Deputy will appreciate that the issues raised in the report are widespread, varied and far-reaching and, when taken together with the review of the Garda Síochána under the Haddington Road agreement, will demand significant structural reform within the Garda Síochána. The need for additional resources across a number of areas will be examined within that context. Furthermore, I have been informed by the Garda authorities that the Garda Commissioner has commenced an in-depth examination of all recommendations of the Garda Inspectorate Report with a view to determining what can be implemented in the short, medium and long term. I also look forward to the significant contribution to this process of reform that will be made by the new policing authority which is to be established shortly.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which best Irish or international practice continues to be applied to enable An Garda Síochána to tackle effectively the activities of Irish criminal gangs, or those outside this jurisdiction, controlling criminal activities here; and if she will make a statement on the matter. [13800/15]
Amharc ar fhreagraI can assure the Deputy that the operation of organised crime groups is closely monitored on an ongoing basis by An Garda Síochána and that tackling these groups remains a key ongoing priority for both the Government and An Garda Síochána. This priority is clearly reflected in the Garda Síochána Policing Plan for 2015.
In this regard, An Garda Síochána continues to tackle organised crime through a range of targeted activities designed to disrupt and dismantle their operations. This involves targeting serious criminals and organised crime groups through the use of focused led intelligence units such as the Organised Crime Unit, the Garda Bureau of Fraud Investigation, the National Bureau of Criminal Investigation and the work of the Criminal Assets Bureau. These units are also supported by the Security and Intelligence Section which assists with the provision of intelligence briefings and timely information.
An Garda Síochána also maintains close liaison with other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitates the prompt exchange of information and intelligence on criminal activity and has led to a number of successful joint operations targeting attempted importations of drugs and firearms which resulted in a number of significant arrests in the State and in other jurisdictions.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which community policing remains available to the various Garda Síochána divisions; the extent to which this continues to be a feature of policing; and if she will make a statement on the matter. [13801/15]
Amharc ar fhreagraThe Deputy will appreciate that the deployment of Garda resources and the implementation of policing strategies are matters in the first instance for the Garda Commissioner.
An Garda Síochána places great emphasis on the importance of the partnership between An Garda Síochána and the community in preventing and detecting crime, and maintaining a safe environment for everyone. In this regard the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Within this framework, An Garda Síochána continues to tackle local crime issues including public disorder and anti-social behaviour by working with communities and business groups, including the hospitality industry, to reduce crime and enhance community safety. This approach includes a strong focus on quality of life issues and collaboration with local authorities to help address the causes of anti-social behaviour and related criminality. I am advised that there is a community policing team in each Garda District.
Particular developments in recent years include, the national ‘Garda Supporting Safer Communities Campaign’ which reaffirms the community policing ethos through the hosting of various local activities and as part of which Gardaí give important Crime Prevention and Road Safety Advice. In addition, Garda Community Crime Prevention Guidelines, which build on the work of existing partnership programmes such as Neighbourhood Watch and Community Alert, were published in January 2013. The guidelines give information and advice to help establish new community “watch” groups and also to revitalise existing groups where necessary.
Furthermore, the Garda Text Alert Scheme was launched in September 2013 and it provides a further mechanism for Gardaí to provide crime prevention information to community contacts who in turn forward the information to all members of a community group. This initiative has developed as an important crime prevention mechanism with over 600 local groups involving in excess of 120,000 subscribers and with an estimated 200,000 text messages sent each month under the scheme. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána have published guidelines to assist in the establishment and operation of local groups.
In August last year, in line with the commitments in the Programme for Government, I published new guidelines for the operation of Joint Policing Committees (JPCs) which have an important role in supporting local community policing partnerships. The guidelines were finalised following a wide ranging consultation process and take account of the general reforms in local government structures.
I can assure the Deputy that I share the Commissioner's commitment to proactive engagement with communities in addressing crime prevention and community safety issues, and that the arrangements and measures in place are under continuous review and development.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality in view of the extent to which further offences continue to be perpetrated by persons while on bail, when she expects to be in a position to amend the law on bail in order to protect potential victims; and if she will make a statement on the matter. [13802/15]
Amharc ar fhreagra130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which particular persons have been recorded as re-offending on multiple occasions while on bail; the action proposed to address such issues; and if she will make a statement on the matter. [13804/15]
Amharc ar fhreagraI propose to take Questions Nos. 128 and 130 together.
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 drafting of the General Scheme of a Bail Bill to modernise the law on bail is at an advanced stage in my Department. I intend to bring proposals to Government on the matter in the near future.
I am conscious of public concern about the extent to which offences are committed by persons on bail. I share that concern and believe that bail law must be continually reviewed to ensure that all possible avenues are taken to protect the public against the commission of crime, particularly serious crime, by persons on bail. While the primary aim of the proposed Bail Bill is to consolidate and update bail law, I am taking the opportunity in this legislation to seek, as far as is possible, within the constraints of the Constitution and the jurisprudence of the European Court of Human Rights, to restructure the law so that it has a focus on the protection of the individual and of the public. The intention is that the new proposals will provide better guidance to the courts on how such protection might be provided.
The Garda Síochána Act 2005 makes provision for the compilation and publication of crime statistics by the Central Statistics Office (CSO), as the national statistical agency, and the CSO has established a dedicated unit for this purpose.
I have asked the CSO to forward relevant statistics directly to the Deputy.
129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which free legal aid remains available, in respect of criminal cases, to those who have re-offended while on bail; and if she will make a statement on the matter. [13803/15]
Amharc ar fhreagraThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. These are the criteria for access to legal aid under the Act and there is no limit placed on the number of times that a person can apply for legal aid. I have no function in relation to individual judicial decisions regarding the granting of legal aid.
The Deputy will appreciate that an accused person who faces serious charges is entitled to a fair trial and the presumption of innocence and if they cannot afford to pay for legal representation, there is a right to legal aid. Under the Constitution, the State is obliged to provide an accused person with the means to obtain appropriate legal representation. Moreover, the European Convention on Human Rights provides that every person charged with a criminal offence is entitled to defend themselves in person or through legal assistance of their own choosing or, if they have insufficient means to pay for legal assistance, to be given it free when the interests of justice so require. The Deputy will also appreciate that the Criminal Legal Aid Scheme must operate with due regard to these rights and that any unreasonable block on legal aid could give a convicted defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts. There is no limit to the number of occasions a person can be granted legal aid under the Criminal Legal Aid Scheme.
