Written Answers Nos. 391-400
391. Deputy Ruth Coppinger asked the Minister for Justice and Equality the process for remedy to situations where the Garda Síochána call to a property with a warrant, and where the warrant was issued incorrectly to the wrong address (details supplied). [14730/15]
Amharc ar fhreagraThe Deputy's question effectively seeks legal advice in relation to the issue and execution of a search warrant. As the Deputy is aware, I as Minister for Justice and Equality have no role in the issue or execution of search warrants. Accordingly, I am not in a position to comment on the matter raised by the Deputy.
I might mention, nevertheless, that it is of course open to a member of the public to seek legal advice if they feel their rights may have been infringed in the course of the execution of a search warrant by members of the Garda Síochána, or in appropriate cases to make a complaint to the Garda Ombudsman Commission.
393. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 148 and 149 of 21 January 2015, if she will provide the information sought; and the reason for the delay. [14749/15]
Amharc ar fhreagraThe Deputy will recall that in respect of Questions Nos. 148 and 149 of 21 January 2015 regarding complaints or requests to search aircraft at Shannon Airport that I had sought further information for the Garda Authorities in order to respond fully. That information is now to hand.
The figures provided in the International Covenant on Civil and Political Rights (ICCPR) Periodic Report to which the Deputy referred in her previous questions related to the specific matter of investigations carried out by An Garda Síochána into allegations of extraordinary rendition being carried out at Shannon Airport. My reply to Parliamentary Question No. 417 of 14 January 2015 provided figures in respect of requests made to An Garda Síochána to carry out searches of aircraft. I am advised by the Garda Authorities that for the purposes of record keeping, a distinction is made between the issue of extraordinary rendition and the more general matter of requests to carry out searches.
An Garda Síochána remains fully committed to investigate all alleged breaches of criminal law involving the use of aircraft at Shannon Airport. Statutory powers of search and entry are bestowed on An Garda Síochána under various legislative provisions and when authorised by a Judge. However, these powers are exercised in circumstances where a member of An Garda Síochána has a reasonable suspicion that an offence has occurred supported by some evidence. The mere assertion of wrongdoing by a member of the general public is clearly insufficient in this regard. The Garda Síochána has investigated a range of complaints of alleged unlawful activity at Shannon Airport and, where appropriate, files have been submitted to the Director of Public Prosecutions. In all these cases, no further action was found to be warranted, owing to a lack of any evidence of unlawful activity.
394. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 348 and 349 of 24 February 2015, if she will provide the information sought. [14750/15]
Amharc ar fhreagraI have been informed by the Garda Commissioner that on 1 November, 2014 a total of 29 members of An Garda Síochána were suspended comprising one Inspector; three Sergeants; 24 Gardaí and one Reserve Garda. 24 members were the subject of investigation pursuant to the Garda Síochána (Discipline) Regulations, 2007, as amended, and the remaining five were the subject of investigation by the Garda Síochána Ombudsman Commission.
An investigation pursuant to the Garda Síochána (Discipline) Regulations, 2007, as amended, is commenced in circumstances where it appears that a member may be in breach of discipline and subject to one of the disciplinary actions at Regulation 14(3) or Regulation 22.
While an investigation pursuant to the Garda Síochána (Discipline) Regulations, 2007, as amended, may arise from circumstances relating to an incident of criminality, breaches of discipline are not criminal offences. Specified breaches of the Garda Síochána (Discipline) Regulations, 2007, as amended, are provided for at Schedule 5 to the Regulations and include, inter alia, Discreditable Conduct; Discourtesy; Misconduct; Neglect of Duty, Falsehood or prevarication; Breach of Confidence; Abuse of Authority; Neglect of Health; Untidiness; prohibited spare-time activities; intoxication; Drinking on duty; Failure to comply with a lawful instruction; Criminal Conduct; corrupt or improper practices; misuse of money.
As advised, 24 members are under investigation pursuant to the Garda Síochána (Discipline) Regulations, 2007, as amended and it is not possible, at this time in that investigation process, to identify what, if any, breach(es) of discipline these members may, or may not, be found in breach of, as the purpose of these investigations is to establish what, if any breach(es) of discipline may have been committed.
Similarly, in relation to the five members under investigation by GSOC, it is not possible to anticipate the outcome of these investigations.
395. Deputy Clare Daly asked the Minister for Justice and Equality the number of gardaí assigned to Rush in County Dublin in April 2012 and subsequent years, excluding those currently on long-term leave, career breaks and illness, and therefore not on active duty. [14793/15]
Amharc ar fhreagraAs the Deputy will appreciate, 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.
Rush Garda station was closed on 29 April 2012; the four members assigned to Rush at that time were transferred to Lusk Garda station.
396. Deputy Clare Daly asked the Minister for Justice and Equality the number of gardaí assigned to Lusk in County Dublin, for every year from April 2012, excluding those currently on career breaks or long term leave and therefore absent from the roster. [14794/15]
Amharc ar fhreagraAs the Deputy will appreciate, 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.
I have been informed by the Garda Commissioner that the personnel strength of Lusk Garda station on 30 April 2012, 2013, 2014 and 28 February 2015 the latest dates for which figures are readily available is as set out in the table below. The Commissioner has also informed me that no member from Lusk Garda station availed of a career break, paid or unpaid maternity leave, carer’s leave or any form of unpaid special leave in excess of 13 weeks between 01 April 2012 and the 01 April 2015.
Lusk Garda Station
|
Year |
Strength |
|
30/04/2012 |
7 |
|
30/04/2013 |
10 |
|
30/04/2014 |
11 |
|
28/02/2015 |
8 |
397. Deputy Clare Daly asked the Minister for Justice and Equality the reason resources to equip gardaí to patrol Rush area in County Dublin on bicycles has not been authorised; and the way she plans to ensure adequate policing in the area. [14795/15]
Amharc ar fhreagraThe information sought by the Deputy has been requested from the Garda authorities and I will be in contact with the Deputy when the information is to hand.
398. Deputy Clare Daly asked the Minister for Justice and Equality the crime statistics in Rush in County Dublin for the first three months of every year between 2012 and 2015. [14796/15]
Amharc ar fhreagra399. Deputy Clare Daly asked the Minister for Justice and Equality her plans for policing in the Rush area in County Dublin; her views that the community is adequately covered by present arrangements; and the basis for her belief. [14797/15]
Amharc ar fhreagraI propose to take Questions Nos. 398 and 399 together.
The town of Rush currently forms part of Balbriggan Garda District. I am advised by the Commissioner that the personnel strength of Balbriggan Garda District is 82 full-time Gardaí, 5 Garda Reservists and 5 civilian staff. The Deputy will be aware that all Gardaí have responsibility, inter alia, to deal with Community Policing issues as and when they arise. However, there are currently 2 dedicated Community Police Officers attached to Balbriggan Garda station.
The Deputy will be aware that the Commissioner, in consultation with her senior management team, is responsible for the detailed allocation of resources, including personnel, throughout the organisation and I as Minister have no direct role in the matter. This allocation of resources is constantly monitored in the context of demographics, crime trends, policing needs and other operational strategies in place on District, Divisional and Regional levels to ensure optimum use is made of Garda resources and the best possible Garda service is provided to the public.
Following the recommencement of Garda recruitment the Garda Commissioner will soon be in a position to assign newly attested Gardai to stations throughout the country. Since September 2014, 300 new recruits have entered the Garda College and the first 100 of these will attest as members of An Garda Síochána in May, with 100 more due to attest in August 2015. The Government is committed to ensuring that recruitment to An Garda Síochána continues seamlessly and this commitment is underlined by the provision which has been made for an additional 250 recruits to commence training in Templemore in the current year.
With regard to the crime statistics requested by the Deputy, 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 requested the CSO to provide the available statistics directly to the Deputy. In this regard it should be noted that the CSO is currently carrying out a detailed analysis of certain issues raised by the Garda Inspectorate in relation to the recording, classification and reclassification of crime, to see whether and to what extent they may have implications for the crime statistics which that Office produces. The CSO have advised that this has led to a delay in the publication of crime statistics and the latest published crime statistics relate to the second quarter of 2014.
400. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 161 of 12 March 2015, if the person subject of the aforementioned question has been accorded the status of their residency within this jurisdiction, for the past eight years, during the period when judicial or other reviews have taken place; and if she will make a statement on the matter. [14800/15]
Amharc ar fhreagraAs stated in my reply to Parliamentary Question No.161 of 12 March 2015, protection applicants are issued with a temporary residence permission pending a final decision on their application.
If an applicant is determined to be eligible for refugee or subsidiary protection status they are then granted permission to remain in the State. The taking by an applicant of Judicial Review proceedings in relation to a negative decision made in respect of them during the protection determination process does not of itself have a bearing on their temporary residency status.
