Written Answers Nos. 128 - 147
128. Deputy Brendan Smith asked the Minister for Justice and Equality if she has held meetings with the Northern Ireland Minister for Justice arising from the need for greater co-operation on combating cross-Border criminal gangs; and if she will make a statement on the matter. [19281/15]
Amharc ar fhreagraI maintain regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of shared interest and to enhance co-operation on all policing and criminal justice matters on this island. Cross border criminality is one of several issues which we discussed at our trilateral meeting in February which was also attended by the Scottish Cabinet Secretary for Justice, Michael Matheson. The issue will be discussed again at the forthcoming North South Ministerial Council plenary meeting to be held in Dublin on 5 June next. A key element of our discussions is to review the ongoing co-operation between an Garda Síochána and the Police Service of Northern Ireland, as well as that between appropriate justice agencies in both jurisdictions - for example, the Revenue Commissioners and Her Majesty's Revenue and Customs. Minister Ford and I are very pleased with the co-operation that currently exists but we are always open to explore how the relationships may be further enhanced.
The Gardaí work closely with the PSNI and the UK National Crime Agency in combating the activities of organised crime gangs, with a particular focus on cross-border crime. A key feature of the ongoing efforts to counteract cross-border crime is the inter-agency nature of the operational co-operation which involves the two police services and the two customs services on the island, and the Criminal Assets Bureau and the UK’s National Crime Agency. The two police services operate a joint Cross Border Policing Strategy which has as its objectives the improvement of public safety throughout Ireland, the disruption of criminal activity and the enhancement of the policing capability of both police services on the island. Both police services are jointly engaged in implementing a number of initiatives in all areas of policing in all these areas with a particular focus on areas close to the border.
Law enforcement in relation to the smuggling of tobacco products, the sale of illicit or counterfeit tobacco products within the State and fuel smuggling/laundering is primarily a matter for the Revenue Commissioners. However, in targeting the illicit trade there is close co-operation between the Customs Service of the Revenue Commissioners and An Garda Síochána. There is also considerable cross border co-operation in tackling these illicit activities. The work of the Cross-Border Task Force on Fuel Laundering and Smuggling, which comprises representatives from An Garda Síochána, the Revenue Commissioners, the Police Service of Northern Ireland, HM Revenue and Customs, the UK’s National Crime Agency and the Criminal Assets Bureau, has ensured that a number of groups involved in the laundering and distribution of illegal fuels, operating in both jurisdictions, have been specifically targeted by the agencies involved. A similar inter-agency group, the Cross Border Tobacco Enforcement Group, is in place to support the fight against the activities of gangs engaged in tobacco smuggling.
The success of this co-operation has been recognised by the British Irish Parliamentary Assembly, who met to discuss the issue of cross border co-operation and illicit trade at their plenary session on 23 and 24 February last. The Committee noted that cross border co-operation between justice and law enforcement officials and agencies is excellent and acknowledges those involved for their courage in tackling cross border crime and to make communities safer all across the island of Ireland. I am currently considering the report and recommendations of the Committee and I will communicate my response to the Committee in the near future.
I would also say that the Garda authorities are keenly aware of the links that exist between paramilitary groups and organised criminal gangs, and factor this into their strategic approaches to combating these serious activities. There remains a real and persistent threat from ‘dissident’ paramilitary groups on this island and the Gardaí and their counterparts are active in counteracting and disrupting their activities.
129. Deputy Brendan Smith asked the Minister for Justice and Equality if she has discussed the review arising from a case (details supplied) with the Secretary of State for Northern Ireland, Ms Theresa Villiers; and if she will make a statement on the matter. [19279/15]
Amharc ar fhreagraMy counterpart in Northern Ireland in respect of policing and justice matters is the Northern Ireland Minister for Justice, David Ford.
The review in question was commissioned by and submitted to the Northern Ireland Director of Public Prosecutions. It was published by him late last week and it makes a number of findings and recommendations. Any actions to be taken in respect of it are, of course, matters for the authorities in Northern Ireland and the Deputy will appreciate that I have no role in this regard.
That said, I maintain close and ongoing contact with Minister David Ford with regard to issues arising in respect of the case in question and, indeed, on the full range of matters of common interest to us. I will be meeting with Minister Ford in the near future and we will have an opportunity to discuss these issues. Of course, where any issues arise that may be relevant to security matters, I will discuss these with the Secretary of State for Northern Ireland.
130. Deputy Denis Naughten asked the Minister for Justice and Equality her plans for an independent review of all files held by the State into the circumstances surrounding the death of a person (details supplied) in County Offaly in July 1985; and if she will make a statement on the matter. [19369/15]
Amharc ar fhreagraAs the Deputy will be aware, on 31 March 2015 I published the report by Mr. Dominic McGinn, SC, who was appointed to carry out an independent examination of the report of the Serious Crime Review Team (SCRT) relating to the Garda investigation into the death of Fr. Niall Molloy. The report was published with a number of redactions which were made following consultation with the Attorney General and in agreement with Mr. McGinn.
It is important to acknowledge, as I did when publishing the report, that first and foremost this case involves the tragic death of a man much loved by his family and by those in the community.
On foot of concerns raised by the family of Fr Molloy, the SCRT carried out a major review of the case which involved an extensive examination of the original investigation, as well as detailed inquiries into the additional issues raised. The SCRT report was submitted to the DPP who advised that there be no further prosecution in the case.
While I, as Minister, have no role in the prosecution process I am of course very aware of the claims which have been made about Father Molloy’s death over many years. In an effort to address concerns about this matter, it was decided to appoint Mr. McGinn to independently assess what information could be put into the public domain in relation to the SCRT review of the case, and to advise as to whether further inquiry would be warranted. This was an exceptional course of action, motivated by the desire to bring the greatest possible transparency to bear.
The thrust of Mr. McGinn's report has been to shed light on as many issues as possible in order to minimise the number of unanswered questions regarding the case. The report outlines how some of the concerns expressed about this case are simply not supported by evidence. It also details shortcomings in the original investigation, which were identified by the SCRT Review.
While unanswered questions do remain, the report concludes that the precise events surrounding Father Molloy’s death cannot now be ascertained. It concludes that, given the passage of time, the death of many of the pertinent witnesses, and the reluctance of others to give evidence, that it is unlikely any further inquiry would have a reasonable prospect of establishing the truth. In these circumstances I have accepted the report's recommendation that examination by a further inquiry would not be warranted, and accordingly have no plans to commission a review along the lines referred to by the Deputy.
I acknowledge that this is not the outcome that Fr Molloy's family have sought but I believe it is the only reasonable conclusion that can be reached following Mr McGinn's careful analysis of the SCRT review.
131. Deputy Clare Daly asked the Minister for Justice and Equality her views that two Garda whistleblowers, who made serious allegations of Garda malpractice over a year ago, have not had investigations of their complaints completed, and that they have been placed in a very vulnerable position, vis a vis their peers; her plans regarding same; and if she will make a statement on the matter. [19512/15]
Amharc ar fhreagraBy way of background, can I explain that, prior to the Protected Disclosures Act 2014 coming into operation, whistleblowing by members of the Garda Síochána was provided for under the Garda Síochána (Confidential Reporting of Corruption or Malpractice) Regulations 2007, which provided for the appointment of an independent Confidential Recipient to whom Garda members, and civilian support staff, could report, in full confidence, instances where they believed there may have been corruption or malpractice within the Garda Síochána.
The Confidential Recipient was required to transmit each confidential report to the Garda Commissioner. Only where a confidential report contained an allegation which related to the Garda Commissioner was it transmitted to the Minister. In transmitting a report, the Confidential Recipient was obliged to protect the identity of the whistleblower, and any communication between the Confidential Recipient and the whistleblower was confidential and was not conveyed to the Minister or Departmental officials. The Regulations provided that any harassment or intimidation of a member who had made a confidential report would be dealt with in accordance with law and the relevant disciplinary regulations or disciplinary code.
This system was replaced by the Protected Disclosures Act 2014, which came into operation on 15 July 2014 as part of this Government's comprehensive approach to enhance the protection available to whistle blowers, including Garda whistleblowers. GSOC was prescribed under the Act as a body to receive protected disclosures on Garda matters. Under the Act, members of the Garda Síochána may now communicate their concerns to the Garda Commissioner, as their employer, or to GSOC as a prescribed body, 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 Garda members who wish to report their concerns regarding potential wrongdoing.
With regard to the two cases referred to by the Deputy, can I first of all make the point that all of us in this House must be very careful in discussing individual cases of whistleblowing. The Protected Disclosures Act rightly prioritises the confidentiality of the whistleblowing process, a confidentiality which is not easily reconciled with open discussions on the floor of this House. However, I can say that I am advised by the Garda authorities that reports in both of the cases referred to by the Deputy were originally received under the Confidential Recipient regulations. I understand that one of the cases is the subject of a comprehensive criminal investigation and upon completion may be the subject of a report to the Director of Public Prosecutions. I understand that the second case was subsequently referred to GSOC under the Protected Disclosures Act 2014.
I know that the Deputy will appreciate that I have no functions in relation to criminal investigations and the submission of files to the DPP, or in relation to the investigation of complaints by GSOC, and we must await the outcome of these investigations.
132. Deputy Niall Collins asked the Minister for Justice and Equality the discussions she has had with her European Union counterparts on migrant quotas for member states; and if she will make a statement on the matter. [19371/15]
Amharc ar fhreagraThe issue of what might be referred to as "migrant quotas" is currently arising in two contexts. The first is resettlement of refugees identified by the UNHCR and the second relates to relocation within the EU of persons in need of protection. Both of these are featured in the European Agenda on Migration published last week by the EU Commission and there has been no meeting of Justice and Home Affairs since that date. It can be anticipated that both will be on the agenda for the JHA Council in June. The matter has been mentioned at previous councils but in the absence of concrete proposals the discussions have been general in nature.
For a more detailed outline of the general position in relation to the situation in the Mediterranean I would refer the Deputy to my reply to Parliamentary Question No. 114 answered today.
133. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality when persons or families who have submitted allegations of Garda malpractice will learn of the recommendations from the independent review panel. [20176/15]
Amharc ar fhreagraThe mechanism that the Deputy is referring to was established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case.
A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system. The review of each complaint consists 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.
The independent review is at an advanced stage, with some recommendations now returned to my Department. The first batch of draft submissions and letters of notification of the outcome of the review have been submitted to me for consideration. I believe that it would be in the best interests of all concerned that an independent element should now be brought into this part of the process. I have decided to appoint a former judicial figure to oversee the preparation of these summaries. That person appointed will be able to independently vouch for the fact that the summaries of conclusions and the reasoning behind them are a fair reflection of the advice which has been made available to the Department.
The House will appreciate that the IRM was an unprecedented process which went far beyond anything which any previous Government has done to address the type of issues which had arisen. I hope the House can accept that what I have decided about communicating decisions is the right course of action to take.
134. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality the Report Stage amendments she plans to introduce for the long delayed Spent Convictions Bill. [20178/15]
Amharc ar fhreagraBefore the Spent Convictions Bill could be enacted, 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 intend to bring the amendments to the Bill before the Oireachtas as soon as possible with a view to commencing the Act by the autumn. Pending the amendment of the Bill, an Administrative Filter for Garda Vetting Disclosures has been introduced, which provides that certain minor offences that are over 7 years old are no longer disclosed. This Administrative Filter already gives effect to the main provisions likely to be contained in the amendments to the Act.
A copy of this Administrative Filter is enclosed.
Garda Vetting Procedures
Administrative Filter
In anticipation of the amendment and commencement of the National Vetting Bureau Act 2012, an administrative filter in respect of Garda Vetting Unit Disclosures will operate in accordance with the following procedural guidelines.
A. Criminal Convictions to be disclosed in all cases:
1) Offences Against the Person.
2) Sexual Offences
3) Convictions on indictment.
B. District Court Convictions which will not be disclosed:
1) Motoring Offences:
District Court convictions for motoring offences will not be disclosed after 7 years even where more recent offences have been committed. This is because it is considered that old minor motoring offences would not be relevant due to the passage of time.
2) Minor Public Order Offences:
The following convictions under the Criminal Justice (Public Order) Act 1994 will not be disclosed if the offence is over 7 years old even where more recent offences have been committed:
- Section 4 (Intoxication),
- Section 5 (Disorderly conduct),
- Section 6 (Threatening, abusive or insulting behaviour),
- Section 7 (Distribution or display of material which is offensive),
- Section 8 (Failure to comply with direction of Garda),
- Section 9 (Wilful obstruction).
3) Other minor offences – 1 Only:
District Court convictions for any other minor offence will not be disclosed after 7 years where the person has one such offence only (excluding motoring or public order offences over 7 years old). This provision does not apply to offences against the person or to sexual offences.
C. Probation Act Provisions
Where persons have been dealt with by a district court in accordance with the provisions of section 1(1) (i) or 1 (1) (ii) of the Probation Act 1907, the offences will not be disclosed except in cases where the circumstances of the offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person.
Where persons have been dealt with by a court in accordance with section 1 (2) of the Probation Act, these will be disclosed in all cases. (Section 1 (2) relates solely to persons “convicted on indictment”.)
D. Offences in respect of which a person is charged but subsequently not prosecuted or acquitted.
Non convictions will be considered for disclosure where the circumstances of an offence gives rise to a bona fide concern that the person concerned may harm a child or vulnerable person. This information will only be disclosed if the information is of such a nature that its disclosure is necessary, proportionate and reasonable in the circumstances for the protection of children or vulnerable persons, or both, as the case may be.
The Garda Central Vetting Unit will make such decision in the context of:
- The information concerned
- The relevance of the information to the type of work/activity
- The source and reliability of the information
- The rights of the vetting applicant and any submissions made by them.
Where the GCVU makes a determination to disclose information under this section the GCVU will:
- Notify the person who is the subject of the application for the vetting disclosure concerned, in writing, of its determination and of the reasons for it,
- Provide to the person a copy of the information to be disclosed,
- Notify the person of the intention to disclose the information to an Authorised Signatory for the registered organisation concerned after the expiry of 14 days from the date of notification, and
- Allow the applicant the opportunity to make a written submission.
- There will also be an appeals process in respect of a decision to disclose the information.
The GCVU will not issue a vetting disclosure in respect of a person until this process has been completed.
135. Deputy Ruth Coppinger asked the Minister for Justice and Equality her views on the situation faced by LGBTQ persons; if consideration will be given to a review by her Department to identify any discriminatory practices; and if she will make a statement on the matter. [20219/15]
Amharc ar fhreagraThe Employment Equality Acts 1998 - 2011 and the Equal Status Acts 2000 - 2012 prohibit discrimination on nine grounds including sexual orientation in the areas of employment and access to goods and services. The adequacy of the legislation is kept under regular review by my Department and amended as necessary in the light of experience with its operation, case law and requirements arising under European law. In recognition of the need to better balance the right of LGBTQ employees in publicly funded religious run institutions to protection from discrimination with the right of religious freedom, the Government has accepted the principle of the Employment Equality (Amendment) (No.2) Bill currently before the Seanad. Once drafted and approved by Government, I intend to publish a number of amendments to the Bill when the Seanad Committee Stage debate resumes with a view to its early enactment.
It is my firm policy and that of Government that all persons, including LGBTQ persons, should be free of discrimination and enjoy equal rights. In this regard, section 42 of the Irish Human Rights and Equality Act 2014 places an obligation on public bodies in performing their functions to have cognisance for the need to eliminate discrimination, promote equality of opportunity and protect human rights. The Commission may assist public bodies in developing policies, good practices and operational standards for the discharge of this duty.
136. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will release the report conducted by Mr. Shane Murphy, senior counsel, into the conviction of a person (details supplied); and if she will make a statement on the matter. [19362/15]
Amharc ar fhreagraThe position is that Mr. Murphy's advice has not been published on the basis that it represents legal advice to the Attorney General and to me as Minister. As I have indicated in my response to the Deputy other question of today's date on this subject, the purpose of Mr. Murphy's examination was not to carry out an inquiry to establish all of the facts of the case at this remove but rather to advise on whether a case had been made which would warrant the granting of a pardon. In this regard the statement I issued following the Government decision, which was prepared with the assistance of Mr. Murphy, sets out in detail the basis for Mr. Murphy's opinion that Mr. Gleeson's conviction was unsafe and fully and publicly outlines the basis for the Government's decision.
137. 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. [19366/15]
Amharc ar fhreagraFollowing a meeting with the Stardust Victims Committee last year, I appointed an official in my Department to liaise with the Committee and they have engaged with representatives of the Committee in relation to these matters.
A researcher associated with the Committee has submitted material relating to these events to my Department and a meeting was held with that Researcher, and another person associated with the Committee, on 23 April. The material previously submitted and the matters raised at that meeting are being examined. The Committee has been informed that they will be contacted when this examination is completed.
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.
138. Deputy David Stanton asked the Minister for Justice and Equality if she will advise on the stakeholders who are working with her Department to establish a community court in Dublin on a pilot basis; and if she will make a statement on the matter. [19361/15]
Amharc ar fhreagraAs the Deputy may be aware, I have undertaken to consider the issue of Community Courts in Ireland. It will be important to learn from international experience, and I have asked my Department to evaluate how the Community Court model will work in the Irish context, drawing from best practice, with a view to setting up a Community Court on a pilot basis in the Dublin city centre area. I envisage an initial project where stakeholders, such as Dublin City Business Association among others will engage in partnership, in the planning phase to develop a suitable model of a Community Court.
It was not possible to progress the initiative during 2014 due to the need to dedicate resources to other priority projects including the establishment of the new Court of Appeal and also to progress other ongoing projects, such as the judicial appointments review and the reform of the family law courts. However, I can assure the Deputy that the matter is currently under active consideration in my Department and it is my intention that the proposal will be further progressed in the coming months.
The Community Court is a problem-solving court and the model operates in different ways in different jurisdictions. Work commenced on setting parameters for a pilot last week with a meeting brokered by my Department among the key Justice sector stakeholders. This meeting confirmed that a considerable amount of preparatory work will need to be undertaken in collaboration with all stakeholders - both within the Justice sector and the wider community of agencies and groups whose active participation and buy in will be necessary - before the pilot project can be established successfully. Proper planning is essential and a needs assessment will first be undertaken to guide the identification of the goals and priority objectives of the pilot Community Court. It is also essential that the proposal is fully evaluated to ensure that it delivers the required results. Each of the stakeholders involved is operating with limited resources so the preparation and planning stages of the project are essential to ensure that the resources involved are used effectively. It is also important that the project would operate in a fully integrated way. The Justice sector group which met last week has identified a number of steps to be taken pending a further meeting to be held in June and my Department will be actively progressing consideration of the Community Court proposal in the coming months.
139. Deputy Niall Collins asked the Minister for Justice and Equality the discussions she has held with the Northern Ireland Minister for Justice in relation to cross-Border criminality; and if she will make a statement on the matter. [19372/15]
Amharc ar fhreagraI maintain regular contact with the Northern Ireland Minister of Justice, David Ford, to address matters of shared interest and to enhance co-operation on all policing and criminal justice matters on this island. Cross border criminality is one of several issues which we discussed at our trilateral meeting in February which was also attended by the Scottish Cabinet Secretary for Justice, Michael Matheson. The issue will be discussed again at the forthcoming North South Ministerial Council plenary meeting to be held in Dublin on 5 June next. A key element of our discussions is to review the ongoing co-operation between an Garda Síochána and the Police Service of Northern Ireland, as well as that between appropriate justice agencies in both jurisdictions - for example, the Revenue Commissioners and Her Majesty's Revenue and Customs. Minister Ford and I are very pleased with the the co-operation that currently exists but we are always open to explore how the relationships may be further enhanced.
The Gardaí work closely with the PSNI and the UK National Crime Agency in combating the activities of organised crime gangs, with a particular focus on cross-border crime. A key feature of the ongoing efforts to counteract cross-border crime is the inter-agency nature of the operational co-operation which involves the two police services and the two customs services on the island, and the Criminal Assets Bureau and the UK’s National Crime Agency. The two police services operate a joint Cross Border Policing Strategy which has as its objectives the improvement of public safety throughout Ireland, the disruption of criminal activity and the enhancement of the policing capability of both police services on the island. Both police services are jointly engaged in implementing a number of initiatives in all areas of policing in all these areas with a particular focus on areas close to the border.
Law enforcement in relation to the smuggling of tobacco products, the sale of illicit or counterfeit tobacco products within the State and fuel smuggling/laundering is primarily a matter for the Revenue Commissioners. However, in targeting the illicit trade there is close co-operation between the Customs Service of the Revenue Commissioners and An Garda Síochána. There is also considerable cross border co-operation in tackling these illicit activities. The work of the Cross-Border Task Force on Fuel Laundering and Smuggling, which comprises representatives from An Garda Síochána, the Revenue Commissioners, the Police Service of Northern Ireland, HM Revenue and Customs, the UK’s National Crime Agency and the Criminal Assets Bureau, has ensured that a number of groups involved in the laundering and distribution of illegal fuels, operating in both jurisdictions, have been specifically targeted by the agencies involved. A similar inter-agency group, the Cross Border Tobacco Enforcement Group, is in place to support the fight against the activities of gangs engaged in tobacco smuggling.
The success of this co-operation has been recognised by the British Irish Parliamentary Assembly, who met to discuss the issue of cross border co-operation and illicit trade at their plenary session on 23 and 24 February last. The Committee noted that cross border co-operation between justice and law enforcement officials and agencies is excellent and acknowledges those involved for their courage in tackling cross border crime and to make communities safer all across the island of Ireland. I am currently considering the report and recommendations of the Committee and I will communicate my response to the Committee in the near future.
I would also say that the Garda authorities are keenly aware of the links that exist between paramilitary groups and organised criminal gangs, and factor this into their strategic approaches to combating these serious activities. There remains a real and persistent threat from ‘dissident’ paramilitary groups on this island and the Gardaí and their counterparts are active in counteracting and disrupting their activities.
140. Deputy Mick Wallace asked the Minister for Justice and Equality if she is satisfied with the capabilities and appropriateness of the Garda Síochána Ombudsman Commission to act as a confidential recipient; and if she will make a statement on the matter. [19527/15]
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 whistle blowers, 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 body 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 Protected Disclosures Act 2014 (Section 7(2)) Order 2014 (SI No. 339 of 2014) which prescribed GSOC as a body to receive protected disclosures came into effect 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 2014 Act. As a consequence, they are also entitled to the protections provided by the Act. I am satisfied that the legislative provisions now in place, including the protections afforded for whistleblowers, will prove to be an effective remedy for members who wish to report their concerns regarding potential wrongdoing.
It is worth emphasising that GSOC is an independent statutory body. It has extensive powers under the 2005 Act to enable it to carry out its responsibilities. I am satisfied that GSOC has the necessary independence and powers and the capability to deal with any protected disclosures made to them.
141. Deputy Paul Murphy asked the Minister for Justice and Equality if she will report on the ratification by the State of the UN Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [20220/15]
Amharc ar fhreagraThe Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. We are determined to take the steps necessary to meet all the convention's requirements in a constructive, proactive and appropriate manner. I should stress that for Ireland, ratification is the end of the preparation and implementation phase, not the beginning.
A team within my Department has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.
Progress towards ratification therefore continues to be made and much has been accomplished. One of the core obstacles to Ireland's ratification of the Convention is the requirement for enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.
142. Deputy Seamus Healy asked the Minister for Justice and Equality if she is aware that jobs have been advertised at the Garda College in Templemore, County Tipperary, with starting salaries below the minimum wage (details supplied); if she will direct her staff to re-advertise the positions at or above the minimum wage; and if she will make a statement on the matter. [19370/15]
Amharc ar fhreagraThe positions referred to are that of cleaners in the Garda College who are to be recruited on fixed term contracts. I am advised that An Garda Síochána as an employer will ensure that it is not in breach of its obligations under the minimum wage requirements in respect of any contract of employment offered to persons appointed under the terms of this competition for the position of cleaner.
143. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality when she will finish reviewing the recommendations of a major independent review of Garda misconduct complaints; if the case of a person (details supplied) in County Dublin will be given consideration, in view of the amount of evidence in this case; and if she will make a statement on the matter. [19531/15]
Amharc ar fhreagraThe Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach, with a view to determining to what extent and in what manner further action may be required in each case. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their experience of the criminal justice system.
The volume and complexity of cases has led to the review taking longer than originally anticipated, but it is important that counsel take the time necessary to consider each case fully and carefully. The independent review is at a very advanced stage with recommendations returned to my Department in approximately 88% of the 319 cases that have been referred to them.
The first batch of draft submissions and letters of notification of the outcome of the review have been submitted to me for consideration. I believe that it would be in the best interests of all concerned that an independent element should now be brought into this part of the process. I have decided to appoint a former judicial figure to oversee the preparation of these summaries. That person appointed will be able to independently vouch for the fact that the summaries of conclusions and the reasoning behind them are a fair reflection of the advice which has been made available to the Department.
The House will appreciate that the IRM was an unprecedented process which went far beyond anything which any previous Government has done to address the type of issues which had arisen. I hope the House can accept that what I have decided about communicating decisions is the right course of action to take.
As I explained to the Deputy in my reply to his previous Parliamentary Question 16 of 19 February, 2015, the person to whom he refers is included amongst those whose complaints are under consideration by the Panel.
144. Deputy Mattie McGrath asked the Minister for Justice and Equality if she will meet with representatives from the Omagh bomb victim support group; the efforts she is making to fulfil commitments she made to address the concerns of the families for further investigations into the Omagh bomb atrocity; and if she will make a statement on the matter. [15233/15]
Amharc ar fhreagraThe bombing at Omagh in August 1998 stands out in the minds of all right-thinking people as being among the worst atrocities ever committed on this island. The people who carried it out displayed nothing but contempt for life itself and inflicted unutterable grief on those whose lives were shattered by the bomb.
While considerable efforts were made, North and South, to bring those responsible to justice, it is a matter of great regret that the perpetrators of the bombing have not been brought to justice in relation to it. However, I would say that the Garda investigations remain open and the Gardaí stand ready to pursue fully any new or additional evidence that might come to light.
My predecessor met with members of the Omagh Support and Self-Help Group in July 2012, where they raised issues of concern with regard to events surrounding the bombing and presented a copy of a document setting out these concerns in support of its call for a public inquiry. A detailed consideration of the matters raised, insofar as they relate to this State and the Garda Síochána, had been carried out and was being finalised. Given the detailed and sensitive nature of the material in the document it required some time for those matters to be given proper consideration.
However, in April 2014 a man was arrested in Northern Ireland and has been charged with the 29 murders caused by the bomb at Omagh. In these circumstances, it was considered appropriate and the safest course of action to postpone finalising consideration of the matters raised by the Omagh Group until the completion of the prosecution process in Northern Ireland. This position has been communicated directly to the Omagh Group.
In our shared desire for those who carried out the atrocity at Omagh to face justice I believe we must all seek to ensure we do not do or say anything that could in any way be interpreted to interfere with that process. I fully understand that the Group wishes to receive a response to its concerns and I am anxious to ensure that will take place as soon as is prudent.
145. Deputy Thomas Pringle asked the Minister for Justice and Equality the number of minors, both accompanied and unaccompanied, that have been issued with deportation orders since April 2014; if she will provide a breakdown of their nationalities; and if she will make a statement on the matter. [20223/15]
Amharc ar fhreagraA total of 54 Deportation Orders in respect of minors were signed during the period referred to by the Deputy. The top five nationalities were Nigeria, China, DR Congo, Mauritius and Malawi. In all cases, the minors were accompanied in the State by a parent or parents, in respect of whom Deportation Orders were also signed. The Irish Naturalisation and Immigration Service (INIS) of my Department does not issue Deportation Orders to unaccompanied minors.
In enforcing the law in respect of deportations, Ireland is no different to other countries who also remove individuals who have no lawful right to remain within their territory. Ireland, like other EU member states, uses deportation of illegal immigrants and failed asylum seekers as the policy of last resort. The process leading to a deportation is extensive with many avenues of appeal, including judicial review in the High Court, open to persons subject to Deportation Orders. It should also be noted that a Deportation Order requires a person to remove themselves from the State and it is only where they fail to do so that the State is forced to remove them and enforce the rule of law.
In order to provide a more complete picture of the situation regarding the signing of orders for non-Irish nationals minors during the period in question, it should be noted that during the same period there were no Removal Orders signed in respect of EU National minors and that 2 Transfer Orders were signed in respect of minors under the Dublin Regulation.
Minors are not refused leave to land in the State at ports of entry. However, the parents of accompanied minors can be refused leave to land and the accompanied minors are returned with their parents to the country they arrived from. Unaccompanied minors are surrendered to the care of the Health Service Executive.
146. Deputy Finian McGrath asked the Minister for Justice and Equality if she will support the ratification of the United Nations Convention on the Rights of Persons with Disabilities; and if she will make a statement on the matter. [14657/15]
Amharc ar fhreagraThe Government has given a firm commitment to ratify the Convention on the Rights of Persons with Disabilities and intends to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. As the Deputy is aware, Ireland has a dualist legal system and therefore does not become party to treaties until it is first in a position to comply with the obligations imposed by them, including the amendment of domestic law as necessary. We are determined to take the steps necessary to meet all the convention's requirements in a constructive, proactive and appropriate manner. I should stress that for Ireland, ratification is the end of the preparation and implementation phase, not the beginning.
A team within my Department has been charged with examining all outstanding obstacles to ratification, and has nearly completed the first phase of its work, which includes identifying all areas which will need attention to make ratification possible. An Interdepartmental Committee is in place to review issues and the actions and timeframe required to tackle them. Many of these issues involve amending unsuitable and outmoded language and in some cases, archaic legal provisions, in existing legislation. Another key task which is underway involves examining how the important issue of Reasonable Accommodation can be achieved in a meaningful way within our Constitutional framework as interpreted by the Supreme Court.
Progress towards ratification therefore continues to be made and much has been accomplished. One of the core obstacles to Ireland's ratification of the Convention is the requirement for enactment of capacity legislation. The Assisted Decision-Making (Capacity) Bill, published on 17 July 2013, provides a series of options to support people with impaired capacity to make decisions and exercise their basic rights in line with the principles of the UN Convention. It undertakes a comprehensive reform of existing legislation governing capacity. The Bill is currently awaiting Committee Stage in the Dáil.
147. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which An Garda Síochána is adequately equipped, resourced and strengthened to deal with organised criminal gangs, who appear to have achieved a degree of professionalism derived from study of their predecessors and are currently inflicting a new reign of terror throughout their respective communities, including ongoing threats to An Garda Síochána; the preventative and combative action she proposes to take to ensure that An Garda Síochána is as adequately equipped and resourced as possible to deal with these ongoing threats; and if she will make a statement on the matter. [19510/15]
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 An Garda Síochána on 31 March 2015 the latest date for which figures are readily available, is 12,734. There are also 1,079 Garda Reserves and around 2,000 Civilians attached to An Garda Síochána.
I can also inform the Deputy that, thanks to the resumption of Garda recruitment, the Commissioner now has the capacity to deploy new Gardaí for the first time since 2009. Similarly, investments are being made in vehicles and IT, and in the recruitment of specialist professional staff. Policing and community safety in all areas will undoubtedly benefit from this injection of resources.
I am, of course, aware of the issues referred to concerning threats made against members of the Garda Síochána, which I utterly condemn.
As the Deputy is aware, it would not be appropriate for me to detail the operational measures that the Garda authorities have taken or would take generally in these situations. However, I can assure the Deputy that whatever protective and detection measures are deemed appropriate by the Garda authorities will certainly be taken. I should also say that while the criminal law in this area is being kept under ongoing review, there is a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.
