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Thursday, 19 May 2016

Written Answers Nos. 28-34

Garda Deployment

Ceisteanna (28)

Eoin Ó Broin

Ceist:

28. Deputy Eoin Ó Broin asked the Tánaiste and Minister for Justice and Equality in view of recent burglaries in south Lucan, including Moyglass, the number of members of An Garda Síochána in the Garda stations in Lucan village and in Ronanstown in County Dublin; and if she will increase the numbers in these stations in the coming years. [10955/16]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that decisions on the deployment of Garda personnel are a matter for the Garda Commissioner in the first instance. The Deputy will also be aware that under the new Programme for Government we are pressing forward with an accelerated programme of Garda recruitment with a view to achieving a Force of 15,000 members. This is a central element of the Government's anti-crime strategy and it builds on the recruitment of 1,150 new Gardaí since we reopened the Garda College in Templemore in September 2014. I can assure the Deputy that I will be engaging with my colleague the Minister for Public Expenditure and Reform with a view to achieving our recruitment targets as soon as possible. The ongoing recruitment process will undoubtedly support enhanced policing in all areas of the country, including those referred to by the Deputy.

I am advised by the Garda authorities that the stations referred to at Lucan and Ronanstown form part of the Dublin Metropolitan Region (DMR) West Division and that as of the 31 March 2016, the latest date for which figures are readily available, there were 686 members, 46 Reserves and 46 (Full Time Equivalents) civilians assigned to the Division. The detailed breakdown of these resources is set out in the following table.

I am very much aware of the impact of burglary crime on householders and communities in all areas of the country, and I have brought the Deputy's concerns in relation to the area in question to the attention of the Garda authorities. While I would not seek to minimise the serious effects of these crimes, it is worth noting that since the launch of Operation Thor by the Commissioner in November 2015 we have seen very positive trends in the level of burglary crime nationally. In fact, the most recent CSO Recorded Crime Statistics show that during the last three months of 2015 the overall number of burglaries reduced by 26.2% compared to the same period in 2014.

Operation Thor was developed after I initiated a broad review of our approach to burglary crime in the early part of last year. Operation Thor is now providing a concerted drive against those involved in burglary crime, including the highly mobile criminal gangs who have targeted communities in many areas of the country and caused so much damage and distress in the process. The concentrated Garda activity under Operation Thor has so far produced more than 19,000 anti-crime patrols and in the order of 23,000 targeted checkpoints nationwide. There have also been in the region of 1,300 arrests covering a range of offences which, in addition to burglary, have included handling stolen property, possession of firearms and drugs offences.

I have also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. I am very pleased that this new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

Operation Thor delivers on increased investment in policing by this Government and marks a significant step-up in the Garda response to burglaries and related crime. In excess of €5 million is being specifically committed to support Operation Thor and includes funding for Garda overtime which is supporting a combination of additional patrols, checkpoints, rapid armed response and public awareness measures. Furthermore, investment in a modern, effective and fit-for-purpose Garda fleet will continue under the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, ensuring that Gardaí can be mobile, visible and responsive, on the roads and in the community. The Government is also investing in Garda airborne surveillance and enhanced technology and ICT systems. In fact, the Capital Plan 2016-2021 provides an additional €205 million for Garda ICT over the lifetime of the Plan, underlining the ongoing commitment in the Programme for Government to resource and equip An Garda Síochána to provide enhanced policing and to support communities in all areas of the country.

DMR WEST 31 March 2016

-

-

-

-

DISTRICT

STATION

Garda

Reserve

Civilians

BLANCHARDSTOWN

154

15

17

CABRA

67

0

1

FINGLAS

106

6

4

BLANCHARDSTOWN

TOTAL

327

21

22

BALLYFERMOT

86

4

2

CLONDALKIN

86

4

9

RATHCOOLE

20

0

1

CLONDALKIN

TOTAL

192

8

12

LUCAN

74

13

10

RONANSTOWN

93

4

2

LUCAN

TOTAL

167

17

12

TOTAL

686

46

46

Courts Service Data

Ceisteanna (29)

Éamon Ó Cuív

Ceist:

29. Deputy Éamon Ó Cuív asked the Tánaiste and Minister for Justice and Equality the number of prisoners awaiting trial in the Special Criminal Court who have been on remand for up to one year; 1 to 1.5 years; 1.5 to 2 years; 2 to 3 years, and for more than 3 years and in each case of more than 3 years the total time on remand to date; the steps she is taking to deal with this issue and ensure speedy trials and the success to date of these measures; and if she will make a statement on the matter. [10966/16]

Amharc ar fhreagra

Freagraí scríofa

Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which includes the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the number of prisoners awaiting trial in the Special Criminal Court who have been on remand for the time periods specified by the Deputy is as follows:

On Remand for:

Number of Persons awaiting Trial

up to 1 year

26

1 to 1.5 years

8

1.5 to 2 years

4

2 to 3 years

3

more than 3 years

6

In the cases where persons are on remand for more than 3 years, the remand period varies, with periods commencing from mid 2010 to mid 2012, and the accused are not remanded in custody in respect of the charges in these cases.

Given the considerable length of time it takes for cases to come to hearing in the Special Criminal Court, together with the particular types of offences with which the Special Criminal Court is concerned, last year I sought the necessary Government approval to appoint judges to the second Special Criminal Court, thereby bringing it into existence. The second Special Criminal Court became operational on 25 April 2016 and sat for the first time on 6 May 2016. Prior to the first sitting of this court, the waiting time for the hearing of cases, indicated to be ready for trial, was 24 months. This has now been reduced to 18 months and, as the two Special Criminal Courts continue to sit, the waiting times will continue to reduce.

As the Deputy may be aware, the scheduling of court cases and the allocation of court business is, of course, a matter for the Presidents of the courts and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions. Shortly after his appointment last year, the President of the High Court made arrangements for Special Criminal Court No. 1 to sit five days per week rather than the four days that had been the case. This was possible because of the new arrangements made to deal with bail applications in the High Court. Both the Special Criminal Court No. 1 and the Special Criminal Court No. 2 now sit five days per week which will also assist in reducing the waiting times for cases to come to hearing.

Leave to Remain

Ceisteanna (30)

Darragh O'Brien

Ceist:

30. Deputy Darragh O'Brien asked the Tánaiste and Minister for Justice and Equality the status of an application by a person (details supplied) for permission to remain in the State on the basis of being the spouse of an Irish national; to process this application without further delay; and if she will make a statement on the matter. [10980/16]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy arrived in the State on 12/07/2007 and that their most recent permission to remain in the State, on the basis of marriage to an Irish National, expired on 25/07/2015. I understand that the person in question only received 6 months' permission on the last occasion it was renewed because their passport only had that period of validity remaining on it. It would appear that, when they renewed their passport, they forgot to go back to have a stamp placed in it and thus their immigration permission expired.

I understand that the person concerned made an application to INIS, in March 2016, for permission to remain in the State, as the spouse of an Irish National, and that this application is currently being processed. All applications are dealt with in strict chronological order; the processing time is currently 6-9 months.

I should also point out that it is also open to the person concerned to consider applying for Irish Citizenship in their own right when they have sufficient reckonable residence. Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of Parliamentary Question process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.

Magdalen Laundries

Ceisteanna (31)

Mary Lou McDonald

Ceist:

31. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Justice and Equality if she will hold a public inquiry into a recent press report (details supplied) that claims that a corporation in the United States of America was able to use cheap labour, in the form of women incarcerated in some Magdalen laundries and other institutions, over many years to make profits for that company that are not taxable in Ireland; if she will request the religious orders to pay into the survivors' redress scheme, given this new information; and if she will make a statement on the matter. [10997/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware the Magdalene Laundries were private institutions run by the Religious Orders. While labour affairs are a matter for the Department of Jobs, Enterprise and Innovation and taxation affairs are a matter for the Revenue Commissioners, I am not aware of any special arrangements for the Religious Orders. If the Deputy has any evidence of wrongdoing in this regard she can submit it to my office for further consideration.

The Deputy will be aware that following several requests to the relevant Religious Orders to make a financial contribution to the Magdalene Laundries Restorative Justice Ex Gratia Scheme they have declined to do so.

Magdalen Laundries

Ceisteanna (32)

Mary Lou McDonald

Ceist:

32. Deputy Mary Lou McDonald asked the Tánaiste and Minister for Justice and Equality further to a recent press report, (details supplied) why religious orders were given such a high level of autonomy to collude with global multi-national companies in providing cheap labour, in women incarcerated in Magdalene Laundries and other institutions, to make profits which they did not have to pay taxes on; why these companies were not obliged to pay adequate wages to their workforce; and if she will make a statement on the matter. [10998/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware the Magdalene Laundries were private institutions run by the Religious Orders.

While labour affairs are a matter for the Department of Jobs, Enterprise and Innovation and taxation affairs are a matter for the Revenue Commissioners, I am not aware of any special arrangements for the Religious Orders. If the Deputy has any evidence of wrongdoing in this regard she can submit it to my office for further consideration.

Prisoner Transfers

Ceisteanna (33)

Thomas Pringle

Ceist:

33. Deputy Thomas Pringle asked the Tánaiste and Minister for Justice and Equality if an application by a prisoner in the United Kingdom to complete a sentence in Ireland in order to be close to extended family requires that the person have a valid personal public service number in the State; and if she will make a statement on the matter. [11030/16]

Amharc ar fhreagra

Freagraí scríofa

I wish to advise the Deputy that there is no obligation on an applicant to produce a valid personal public service number when applying under the Transfer of Sentenced Persons Acts 1995 & 1997 to serve their sentence here.

Garda Reports

Ceisteanna (34)

Róisín Shortall

Ceist:

34. Deputy Róisín Shortall asked the Tánaiste and Minister for Justice and Equality the reason for the delay in publishing the O'Higgins report; her views that the report was obviously leaked in advance of publication; the actions she proposes to take to establish how this important report was leaked; and if she will make a statement on the matter. [11059/16]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, I published the report of the O'Higgins Commission of Investigation into certain matters relevant to the Cavan/Monaghan Division of the Garda Síochána on the 11th of May. The report deserves the most careful consideration so that we can all do everything possible to avoid a repeat of the issues which gave rise to it in the first place. In this regard, I have asked the Garda Commissioner to examine the report and to indicate to me what further measures might be taken to try to prevent the type of difficulties outlined in it in relation to An Garda Síochána arising again. I am also seeking her proposals concerning the recommendations which it contains in relation to the Garda service. And I have forwarded a copy of the report to the Policing Authority in the context of its statutory role in relation to oversight of An Garda Síochána.

The Commission submitted the report to me on 25 April 2016. On receipt of the report I immediately referred it to the Attorney General and was advised, in line with the provisions of Section 38 of the Commission of Investigation Act 2004, to undertake a process to establish whether there was anything in the report which might prejudice criminal proceedings pending or in progress. This involved consultation with the Director of Public Prosecutions, the Garda Síochána Ombudsman Commission and An Garda Síochána. It was only possible to conclude that process on 10 May, and having established that the issue of prejudice does not arise, the next day I presented the report to Government and published it. So it is not correct to say that there was a delay in publishing the report.

While I regret that elements of the report were leaked to the media in advance of publication, I do not believe that an inquiry into the leaking of the O'Higgins report or parts of the report prior to its publication would be likely to identify the sources of any leaks. Leaving aside the clear legal constraints arising in relation to the work of any Commission of Investigation, I believe the partial leaking of the report carries with it a real danger of undermining the work of the Commission.

I very much appreciate that the events outlined in the report have been traumatic for many people who have been affected by them. It would be an injustice to those who brought events to light in the public interest and those who have lived under the shadow of these events for a long time, if we do not take on board the lessons from these events. Equally, as the report makes clear, victims were badly served in a number of these cases and their rights must be more central in the way that the Gardaí handle investigations. I hope they can take some reassurance from the fact that the examination of those events in this report will help serve to consolidate a programme of reform which will ensure we continue to have a Garda Síochána in which its members and the community it serves can take great pride.

I hope there can be general agreement too that what is important now is that the report is considered carefully in its totality and that we learn whatever lessons we can from it, particularly in the context of maintaining the high level of confidence which the community have in An Garda Síochána. I am committed to overseeing further reforms which are necessary to avoid a recurrence of the type of incidents highlighted in the report and I await proposals from the Garda Commissioner and the Policing Authority in this regard.

This House will shortly have a chance to debate the findings of the report and I believe we would all do well to reflect fully on its contents with the objective of making sure everything possible is done to avoid in future the type of difficulties outlined in the report.

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