Written Answers Nos. 88-97
88. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the proscription of membership of criminal gangs continues to be considered in areas experiencing such activity; and if she will make a statement on the matter. [17610/16]
Amharc ar fhreagraThe question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, has arisen from time to time.
In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have. Relationships in criminal gangs tend to be more fluid with shifting memberships, alliances and a membership which may depend on circumstance.
However, criminal legislation has been updated in recent years, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime.
Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.
The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.
Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act.
Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.
More recently, in light of the exceptional threat to the safety of the community arising from the recent activities of criminal gangs, I have asked An Garda Síochána and my Department to see whether there are other changes in the law which might be made to address the reality of groups intent on carrying out a sustained series of killings while endangering the safety of communities. The Deputy will appreciate that there are considerable complexities to this work which require careful consideration. This examination is ongoing at this time.
90. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which extended opening hours of Garda Síochána stations can be facilitated in areas experiencing criminal activity in County Kildare and throughout the country; and if she will make a statement on the matter. [17612/16]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel and decisions in relation to Garda station opening hours, in An Garda Síochána and I, as Minister, have no direct role in these matters.
I am informed that Garda management closely monitors the allocation of all resources in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, to ensure that optimum use is made of Garda resources and that the best possible Garda service is provided to the public. Furthermore, decisions in relation to the hours for public access to Garda stations are taken with a view to ensuring that the optimum number of Garda personnel is available for policing duties within the community, thereby enhancing An Garda Síochána’s visibility within the community while providing an improved policing service.
I am further informed that the Kildare, Naas and Leixlip Garda Districts have four 24-hour Garda stations, located in Kildare, Newbridge, Naas and Leixlip, which ensures that a policing service is provided across the Kildare Division at all times, and that this situation will be kept under review.
91. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the various categories of crime continue to be reported in all Garda Síochána divisions and districts in County Kildare; the degree to which resultant prosecutions continue to be filed and processed; and if she will make a statement on the matter. [17613/16]
Amharc ar fhreagra93. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the Garda can engage with communities in areas that have experienced criminal activity with a view to reassuring the general public; and if she will make a statement on the matter. [17615/16]
Amharc ar fhreagraI propose to take Questions Nos. 91 and 93 together.
As the Deputy will be aware the Central Statistics Office (CSO), as the national statistical agency, is responsible for the publication of recorded crime statistics. To be of assistance, I have requested the CSO to contact the Deputy directly in relation to the information requested.
I am advised that Garda management constantly monitor the distribution of policing resources in the light of crime trends and overall policing needs in all areas of the country, including Kildare, with a view to providing an effective and responsive police service. In addition, An Garda Síochána implement a number of special targeted strategies, including Operation Thor. Operation Thor entails a broad range of activities to tackle organised crime gangs and other prolific offenders as well as working with communities to prevent crime. This comprehensive operation is supported by the enhanced Government investment in Garda resources, including the recently announced additional allocation of €55 million in 2016. The additional resources make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime under Operation Thor.
Furthermore, investment in a modern, effective and fit-for-purpose Garda fleet will continue under the 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, some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime.
I can also assure the Deputy that the legislation to tackle crime has been strengthened, and would mention in particular 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 prosecutions arising from the carefully considered Garda strategy to disrupt and oppose criminal activity under Operation Thor.
More generally, Gardaí continue to support the work of a range of local crime prevention initiatives including the well established network of Community Alert and Neighbourhood Watch groups countrywide. Gardaí also participate in more formal consultative structures such as Joint Policing Committees which provide an important mechanism for local Garda management to respond to community concerns. Effective community engagement is particularly evident in the success of the Garda Text Alert scheme which was launched in September 2013. Since then the scheme has developed as an important crime prevention mechanism with over 715 local groups involving in excess of 130,000 subscribers and with an estimated 200,000 text messages sent each month. I am informed that every Garda Division, rural and urban, now offers the text alert service and An Garda Síochána has published guidelines to assist in the establishment and operation of local groups.
The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities as part of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will appreciate that the specific allocation of personnel and other resources is a matter for the Garda Commissioner, but I am assured that the Garda National Model of Community Policing continues to play a key part in responding to crime by taking into account and responding to local conditions and needs. This commitment is also very evident in the new Garda Síochána Modernisation and Renewal Programme, which was recently launched by the Commissioner, and as part of which new Community Policing Teams are to be introduced in each Garda District.
Finally, I might add that policing in Kildare, and in all other areas, will undoubtedly benefit from the resources now coming on stream through the Garda recruitment programme, and in particular the Government's commitment to increase Garda numbers to 15,000. We are working on measures to accelerate this programme so as to ensure that the Commissioner has the capacity to address the needs of communities throughout the country and into the future.
92. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of gardaí on duty in each division, district and station in County Kildare over three eight-hour shifts on any given day or night in each of the past 12 months; the extent to which enhancement is required in this regard; and if she will make a statement on the matter. [17614/16]
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 taking into account crime trends and policing priorities so as to ensure that the best possible use is made of these resources.
In regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and as the policing needs of each individual Division dictates. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I have been informed by the Garda Commissioner that on the 30 April 2016, the latest date for which figures are readily available, there were 311 Gardaí assigned to the Kildare Garda Division. The following table gives the detailed breakdown of these members. The Division is also supported by 29 Garda Reserves and 27 civilians. All Divisional resources are further augmented by a number of Garda National Units such as the Garda National Drugs Unit (GNDU), the Garda National Immigration Bureau (GNIB), the Criminal Assets Bureau (CAB) and other specialised units.
As the Deputy will be aware, when the financial crisis hit, the Government of the time introduced a moratorium on recruitment and the four year National Recovery Plan, published in 2010, envisaged a steady reduction in Garda numbers. Thankfully, in a recovering economy, we were able to reopen the Garda College in September 2014, and a total of 700 Garda trainees have been recruited with a further 450 planned to be recruited during the remainder of this year. So far 463 of the new Garda trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 76 will attest on the 7 July with 150 more to attest in November. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of newly attested Gardaí and that 25 newly attested Gardaí have been assigned to the Kildare Garda Division to date.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Key to achieving this goal is the commitment in the Programme for Government, "A Programme for a Partnership Government" to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000.
Taking account of projected retirements, the current rate of recruitment will bring Garda numbers to around the 13,000 mark this year. We must, I believe, endeavour to make more rapid progress than this to reach our target of 15,000 and I am engaging with my colleague, the Minister for Public Expenditure and Reform, in relation to increasing the planned annual intake this year and in coming years.
Kildare Garda Division 30 April 2016
|
District |
Station |
Gardaí |
|
|
ATHY |
27 |
|
|
CASTLEDERMOT |
3 |
|
|
KILDARE |
34 |
|
|
MONASTEREVIN |
4 |
|
|
NEWBRIDGE |
49 |
|
|
RATHANGAN |
2 |
|
KILDARE |
TOTAL |
119 |
|
|
CARBURY |
8 |
|
|
CELBRIDGE |
11 |
|
|
KILCOCK |
9 |
|
|
LEIXLIP |
37 |
|
|
MAYNOOTH |
13 |
|
LEIXLIP |
TOTAL |
78 |
|
|
CLANE |
7 |
|
|
KILCULLEN |
2 |
|
|
NAAS |
102 |
|
|
ROBERTSTOWN |
3 |
|
NAAS |
TOTAL |
114 |
|
KILDARE TOTAL |
311 |
94. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners throughout each category currently serving prison sentences; the extent to which first-time offenders in all cases have been offered rehabilitative or educational training or segregation from prisoners with a history of involvement with gangs or recidivists; and if she will make a statement on the matter. [17616/16]
Amharc ar fhreagraI can advise the Deputy that the Irish Prison Service publish the capacity of its prisons and the numbers in custody on a daily basis on their website (www.irishprisons.ie).
I can further advise that a breakdown of the offence groups for which individuals were incarcerated on 31 May 2016, the latest date for which an offence breakdown is available, is included in the following table.
Offence Group Description
|
- |
Number |
|
GP01 Homicide Offences |
448 |
|
GP02 Sexual Offences |
397 |
|
GP03 Attempts/Threat to Murder |
575 |
|
GP04 Dangerous or Negligent Acts |
100 |
|
GP05 Kidnapping and Related Offences |
43 |
|
GP06 Robbery, Extortion and Hijacking Offences |
126 |
|
GP07 Burglary and Related Offences |
374 |
|
GP08 Theft and Related Offences |
792 |
|
GP09 Fraud, Deception and Related Offences |
65 |
|
GP10 Controlled Drug Offences |
417 |
|
GP11 Weapons and Explosives Offences |
138 |
|
GP12 Damage to Property and the Environment |
80 |
|
GP13 Public Order and Social Code Offences |
50 |
|
GP14 Road and Traffic Offences |
59 |
|
GP15 Offences re Gov, Justice and Organised Crime |
68 |
|
GP16 Offences Not Elsewhere Classified |
30 |
|
Grand Total |
3762 |
The manner in which records are collated does not allow us to differentiate between first-time offenders and repeat offenders. There is a standard operational procedure in place to ensure that upon committal, all offenders are assessed and accommodated appropriately according to their needs and specific security status. Dedicated committal units have been established in all committal prisons for this purpose.
I am also advised by the Irish Prison Service, that it provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018, which I intend to publish on 27 June 2016. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
95. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of prisoners that have applied for rehabilitative training throughout the various prisons over the past 12 months; the number granted and the number refused; and if she will make a statement on the matter. [17617/16]
Amharc ar fhreagraI wish to advise the Deputy that the Irish Prison Service provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
On committal, all prisoners are interviewed by the Governor and are informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018 which I intend to publish on 27 June 2016. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
The manner in which records are collated does not allow the Irish Prison Service to provide figures on the number who have applied for rehabilitative training or the number granted or refused.
96. Deputy Brendan Howlin asked the Tánaiste and Minister for Justice and Equality the status of Ireland's contribution to the EU's response to the migration crisis; and if she will make a statement on the matter. [17635/16]
Amharc ar fhreagraIreland is working proactively with our colleagues in Europe to ensure that Ireland and the European Union responds comprehensively to this critical humanitarian challenge. Ireland has clearly played its part in this regard by sending some of our Naval vessels to the Mediterranean to carry out vital search and rescue missions to ensure the safety of many people trying to come to Europe for protection. In addition, Irish Aid, the Government's development cooperation programme has been supporting efforts to assist the Syrian people, which by the end of 2015 saw a total of €42 million in support provided with an additional €20 million pledged for 2016. Ireland has also committed funding to the World Food Programme; some €60 million over the next three years, which is specifically targeted at refugees and in particular Syrian refugees.
In September 2015, the Government agreed to establish the Irish Refugee Protection Programme and to accept up to 4,000 persons overall under the EU Relocation and Resettlement programmes. This is made up of approximately 2,622 persons to be relocated to Ireland from other EU Member States (Italy and Greece) under the two EU Relocation Decisions which Ireland has opted-in to, and 520 programme refugees which Ireland pledged to resettle under the voluntary EU Resettlement Programme. The mechanism by which the balance of 858 persons will be admitted has yet to be decided. Persons accepted here under these Programmes will also have an entitlement to family reunification, if they wish to do so, thereby further increasing the numbers accepted by Ireland.
To date a total of 273 programme refugees have been admitted from Lebanon with the balance of 247 expected to arrive by the end of September, also from Lebanon. As such, our commitment under the Resettlement programme will be realised in advance of the EU timeframe for implementation.
The pace of the Relocation programme across the EU has not progressed as fast as Member States has hoped with just 2,195 having been relocated overall across the participating EU Member States. This is largely due to operational issues in the setting up of the 'hotspot' locations in Italy and Greece, including the task of persuading migrants and asylum seekers to cooperate with the registration process - a prerequisite to entering the Relocation process.
The first group of persons relocated to Ireland from Greece, a Syrian family of ten, who arrived in January have been granted refugee status and are receiving our full support to assist them in their integration into Irish society. A further group of 31 Syrians are due to arrive this week and an additional 40 persons are provisionally scheduled to arrive towards the end of July.
Officials of my Department have been working closely with Greece over the past number of months and staff have also been seconded to the European Asylum Support Office to establish the relocation programme on the ground in Greece. In addition, officials from my Department, including the Director of the Irish Refugee Protection programme, travelled to Greece last week to meet with the Greek authorities to progress matters. The outcome of that visit has been very positive and Greece has now committed, within the coming months to significantly increasing the numbers available to Ireland. This will greatly facilitate Ireland's efforts to meet our targets set by Government last September, within a reasonable timescale.
Ireland continues to work at EU level on progressing measures to build on existing commitments and platforms, including the Western Balkan Leaders’ Meeting and the Valletta Summit. Ireland participated in both high-level conferences last autumn and agreed to contribute €3 million to the trust fund for Africa. In addition, a key element of the EU-Turkey Joint Action Plan, which was agreed by Heads of State in November 2015, is the €3 billion fund supporting Syrian refugees in Turkey. Ireland's contribution to the fund is €22.9 million.
The migration crisis is a highly challenging issue and is expected to remain a focus of my discussions with my European counterparts in the coming months. EU Heads of State and Government will also discuss this issue at the forthcoming European Council in June.
97. Deputy Robert Troy asked the Minister for Finance why an organisation (details supplied) must pay a tax liability despite the fact that it was his Department that was at fault for the delay in awarding it charitable status. [17396/16]
Amharc ar fhreagraI am advised by Revenue that it has made contact with the body in question on a number of occasions, the most recent being on 9 June 2016, requesting additional information in support of its application for charitable tax exemption.
To date the body has not provided the level of information requested, which is delaying a final decision on the issue. To advance matters, it should contact Mr. Gavin Whitehead of Revenues Charities Section at telephone 067 63303.
