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Thursday, 19 Nov 2015

Written Answers Nos. 125-137

Defence Forces Transport

Ceisteanna (125)

Seán Ó Fearghaíl

Ceist:

125. Deputy Seán Ó Fearghaíl asked the Minister for Defence the number of Defence Forces personnel that can be transferred by an individual Air Corps helicopter. [41102/15]

Amharc ar fhreagra

Freagraí scríofa

The Air Corps’ fleet consists of eight general purpose helicopters comprising six Agusta Westland AW139 and two Eurocopter EC135 aircraft. Each AW139 helicopter is certified to carry a maximum of 14 personnel including crew. Each EC135 helicopter is certified to carry a maximum of seven personnel including crew.

Data Protection

Ceisteanna (126)

Catherine Murphy

Ceist:

126. Deputy Catherine Murphy asked the Minister for Defence for details of all instances from 1 January 2000 to 2015 to date where legislation introduced by him or on his behalf, which is enacted and still in force, contains a provision amending the Data Protection Acts to allow for the transfer of personal or other data collected, retained and processed by the State for a particular purpose towards another specific purpose, in tabular form; the financial cost of creating and administering such databases, by case; the projected financial cost for databases not yet complete; the specific legislative provision which enabled such data transfers; and if he will make a statement on the matter. [41134/15]

Amharc ar fhreagra

Freagraí scríofa

There have been no instances where legislation was introduced by the Minister for Defence, which contained a provision amending the Data Protection Acts to allow for the transfer of personal or other data collected, retained and processed by the State for a particular purpose towards another specific purpose from 1st January 2000 to date.

State Bodies

Ceisteanna (127)

Sean Fleming

Ceist:

127. Deputy Sean Fleming asked the Minister for Defence the number of new State bodies and agencies under his remit that have been established since February 2011; the number of such bodies subject to a sunset clause; the number of new public bodies currently being planned; and if he will make a statement on the matter. [41267/15]

Amharc ar fhreagra

Freagraí scríofa

No new State bodies or agencies have been established under the aegis of the Department of Defence since the Government took office in March 2011 . The only State Board currently under the aegis of the Department of Defence is the Army Pensions Board.

Defined Benefit Pension Schemes

Ceisteanna (128)

Sean Fleming

Ceist:

128. Deputy Sean Fleming asked the Minister for Defence the number of defined benefit pension schemes currently listed for employees under his remit; the number that are in deficit; his plans to consolidate any of these schemes; and if he will make a statement on the matter. [41287/15]

Amharc ar fhreagra

Freagraí scríofa

The requested information in respect of civil servants of the Department of Defence or civilian employees employed with the Permanent Defence Force (PDF) is a matter for the Minister for Public Expenditure and Reform.   As regards members of the PDF, there are two distinct sets of defined benefit occupational pension schemes in place (including associated spouses and children’s schemes), the provisions of which vary depending on date of joining, rank etc.  These relate (i) to personnel who joined the PDF before 1 January 2013 as provided pursuant to the Defence Forces Pensions Acts 1932 to 2004; and (ii) those who joined the PDF on or after 1 January 2013 as provided under the Public Service (Single Scheme and Other Provisions) Act 2012.

None of these schemes are in deficit in that, like all other public service pension schemes generally, there is no ‘pension fund’ as such and all expenditure on superannuation benefits is met on a pay-as-you-go basis by the Exchequer from current revenue.  In the case of the PDF, this is achieved through the Army Pensions Vote (35) which is audited each year by the Comptroller & Auditor General.  There are no plans to consolidate any of these schemes.

Seirbhísí trí Ghaeilge

Ceisteanna (129)

Éamon Ó Cuív

Ceist:

129. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Dlí agus Cirt agus Comhionannais cén uair a chuirfear ar fáil an tuarascáil a lorgaíodh ó údaráis an Gharda Síochána maidir le saincheisteanna oibríochta a ardaíodh i dtaca le cur i ngníomh Ionstraim Reachtúil Uimh. 398 de 2015, na Rialacháin fán Acht um Thrácht ar Bhóithre, 2010 (Alt 13) (An Fhoirm Fhorordaithe agus an Modh Forordaithe maidir le Ráitis), 2015, arna síniú ina dlí le gairid ag an Aire Iompair, Turasóireachta agus Spóirt; an bhfuil baol ann idir an dá linn go dteipfidh ar chúiseanna a thógfar in aghaidh tiománaithe de bharr gan tairiscint ghníomhach de cháipéisí a bheith ar fáil i nGaeilge i ngach cás le linn don Ionstraim Reachtúil seo a bheith á feidhmiú; agus an ndéanfaidh sí ráiteas ina thaobh. [40909/15]

Amharc ar fhreagra

Freagraí scríofa

Tá curtha in iúl dom go bhforáiltear le hIonstraim Reachtúil Uimhir 398 de 2015 (Na Rialacháin fán Acht um Thrácht ar Bhóithre, 2010 (Alt 13) (An Fhoirm Fhorordaithe agus an Modh Forordaithe maidir le Ráitis), 2015), a ndearna an tAire Iompair, Turasóireachta agus Spóirt í a shíniú ina dlí ar an 22 Meán Fómhair 2015, go bhféadfar, maidir leis an ráiteas a cheanglaítear a thabhairt, é a chur ar fáil i mBéarla nó i nGaeilge. Tá curtha in iúl dom ag údaráis an Gharda Síochána gur féidir leis na Meaisíní Tástála Fianaisí Anála, arna n-úsáid ag an nGarda Síochána, an ráiteas sin a chur ar fáil i gceachtar teanga.

Garda Deployment

Ceisteanna (130)

Niall Collins

Ceist:

130. Deputy Niall Collins asked the Minister for Justice and Equality the number of gardaí in the Garda Síochána emergency response unit, by location. [40914/15]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the allocation of Garda resources, including personnel, is a matter for the Garda Commissioner, and that I as Minister have no direct role in the matter.

I have been informed by the Garda Commissioner that for security and operational reasons, it is Garda policy not to comment on the number or location of Gardaí assigned to the Emergency Response Unit.

Garda Misconduct Allegations

Ceisteanna (131)

Lucinda Creighton

Ceist:

131. Deputy Lucinda Creighton asked the Minister for Justice and Equality if she will investigate the litany of leaks regarding sensitive Garda Síochána criminal investigations to national media outlets; and if she will make a statement on the matter. [40917/15]

Amharc ar fhreagra

Freagraí scríofa

There are in place statutory prohibitions on the unlawful or unauthorised disclosure of information which apply generally to public servants as well as specific prohibitions which apply to members of An Garda Síochána.

Any member of the Garda Síochána who leaks information to the media is not only contravening clear Garda policy, but is also contravening the law. It is an offence under the Official Secrets Act 1963 for a member of the Garda Síochána, as for any public official, to disclose official information without lawful authority. It is also, quite separately, a distinct offence under section 62 of the Garda Síochána Act 2005 for a member of the Garda Síochána to make an unauthorised disclosure of information obtained in the course of duty if the member knows that such disclosure is likely to have a harmful effect. The section sets out a list of instances of harmful effect covered by this offence, which include, for example, a disclosure which results in the identification of a person whose identity is not at the time of the disclosure a matter of public knowledge or which results in the publication of personal information constituting an unwarranted and serious infringement of a person's right to privacy. The penalty for such an offence, upon conviction on indictment, is a term of imprisonment for up to 5 years and/or a maximum fine of €50,000.

I am informed by the Garda authorities that An Garda Síochána takes its responsibility for the control of the information it possesses about individuals very seriously. Unauthorised disclosure of information can impede the investigation of an offence and the apprehension or prosecution of suspected offenders as well as being unfair to individuals.

As the Deputy is aware I, as Minister, have no investigative functions. There are independent statutory agencies who are empowered to carry out such investigations.

In that context it is worth stating that any member of the public who believes that he or she has been the subject of unauthorised disclosure of information by a member of the Garda Síochána may make a complaint to the independent Garda Síochána Ombudsman Commission, which has extensive powers of investigation.

Gender Balance

Ceisteanna (132)

Niall Collins

Ceist:

132. Deputy Niall Collins asked the Minister for Justice and Equality the gender breakdown in each rank in the Garda Síochána, in tabular form. [40921/15]

Amharc ar fhreagra

Freagraí scríofa

I have been advised by the Garda Commissioner that the breakdown by rank and gender in An Garda Síochána, on the 30 September 2015, the latest date for which figures are readily available, was as set out in the following table.

Rank / Gender breakdown in An Garda Síochána

Rank

Male

Female

Gardaí

7,580

2,976

Sergeant

1,554

308

Inspector

222

28

Superintendent

148

14

Chief Superintendent

39

5

Assistant Commissioner

7

0

*Deputy Commissioner

0

0

Commissioner

0

1

Sub Total

9,550

3,332

Total

12,882

*Two male Assistant Commissioners were promoted to Deputy Commissioner on the 20 October 2015 following an open competition.

Garda Training

Ceisteanna (133, 134)

Niall Collins

Ceist:

133. Deputy Niall Collins asked the Minister for Justice and Equality the number of members of An Garda Síochána who have been supported to learn a foreign language in each of the past three years and in 2015 to date, given that census 2011 indicated that more than 500,000 residents speak a language at home other than English or Irish. [40926/15]

Amharc ar fhreagra

Niall Collins

Ceist:

134. Deputy Niall Collins asked the Minister for Justice and Equality the number of members of An Garda Síochána who can speak French, Spanish, German, Polish, Latvian, Lithuanian, Estonian, Italian, Portuguese, Russian, Chinese (Mandarin), Arabic, Urdu, Pashto, Somali and Farsi. [40927/15]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 133 and 134 together.

In relation to the information requested by the Deputy regarding the number of Gardaí who have been supported to learn a foreign language in each of the past three years and in 2015 to date, I have requested this information from the Garda Commissioner and I will write directly to the Deputy on receipt of same.

I have been informed by the Garda Commissioner that the information requested with regard to the number of Gardaí that can speak the languages in question, is not retained by An Garda Síochána.

Road Traffic Offences

Ceisteanna (135)

Thomas P. Broughan

Ceist:

135. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the status of the implementation of section 22 of the Road Traffic Act 2002, in which it is an offence to not produce one's licence in court; if summonses will be amended to include this requirement by drivers; the number of prosecutions to date of drivers who have not produced their licence in court; and if she will make a statement on the matter. [40938/15]

Amharc ar fhreagra

Freagraí scríofa

I have requested an update from the Garda authorities in relation to the prosecutions in question and any matters arising, and will be in direct contact once this is to hand.

Prisoner Data

Ceisteanna (136)

Éamon Ó Cuív

Ceist:

136. Deputy Éamon Ó Cuív asked the Minister for Justice and Equality the number of prisoners in custody on remand while awaiting trial in the Special Criminal Court for one year plus to two years, for two years plus to three years, and for three years plus; the steps she is taking to ensure that hearings in this court are heard in a timely manner; if lack of capacity in the court system to deal with cases is the reason for the delay in hearing cases in this court; and if she will make a statement on the matter. [40947/15]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that nine prisoners are currently held in Portlaoise Prison on warrants awaiting trial in the Special Criminal Court. The length of time they are detained awaiting trial is outlined in the table below.

Number of Prisoners

Less than 12 months

1 - 2 years

2 - 3 years

Greater than 3 years

09

05

04

0

0

The Deputy will be aware that the Government recently appointed seven serving judges to the bench of the second Special Criminal Court that was established by Government Order on 14 December 2004. There is a backlog of cases in the existing Special Criminal Court with delays of approximately twenty months in cases coming to trial. In order to address this I sought the necessary Government approval on 28 October 2015, to appoint judges to the second Special Criminal Court.

There are certain practical and procedural tasks that need to be undertaken before the second Courts can start hearing cases, such as organising courtroom accommodation, chambers for judges, the drafting of the necessary rules of court and it will also be necessary to appoint a Court Registrar. I anticipate that when the second Special Criminal Court commences hearing cases there will be a reduction in waiting times for cases awaiting trial.

Community Alert Programme

Ceisteanna (137)

Pearse Doherty

Ceist:

137. Deputy Pearse Doherty asked the Minister for Justice and Equality the funding allocated to the community and text alert and neighbourhood watch schemes in 2015 to date. [40957/15]

Amharc ar fhreagra

Freagraí scríofa

The position is that for many years my Department has supported community crime prevention by provided funding for the Community Alert programme, which is operated by Muintir na Tíre in partnership with the Garda authorities, and which supports over 1,400 local groups including many Text Alert schemes. There are now in excess of 700 local Text Alert schemes operating and guidelines for establishing and operating a Community Text Alert Service have been published and are available on the Garda Website www.garda.ie and information and advice on establishing such a scheme is available from local Community Gardaí.

Funding of €152,000 was provided to Community Alert in 2015. I am pleased to say that I have secured €397,000 for the crime prevention initiatives supported directly by my Department in 2016, including Community Alert, and my Department is in the process of engaging with Community Alert in relation to how these increased resources will be deployed during 2016. This investment represents a doubling of funding in this area, and will complement Garda public awareness measures being implemented as part of the multi-strand approach to tackle burglary under Operation Thor.

I should advise the Deputy that neither my Department nor An Garda Síochána provide direct funding for the setting up of Text Alert Schemes, or for the operation of local Community Alert Groups generally. Instead, funding is provided in relation to the employment and associated costs of the national Community Alert programme, including the employment of regional Development Officers. The long-standing view has been that this is the best use of the resources available to my Department to support effective community crime prevention actions.

In relation to Neighbourhood Watch groups, while certain costs related to their operations are funded from the Garda Vote as approved by local Garda management, there is not a specific financial allocation for this purpose.

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