Wednesday, 28 Sep 2016

Written Answers Nos.107 to 115

Garda Strength

Ceisteanna (107)

Bernard Durkan

Ceist:

107. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the strength of An Garda Síochána has diminished through retirement, resignation or disability in each of the past ten years to date in 2016; the extent to which recruitment took place in each year to date in 2016; the degree to which Garda strength is likely to be restored to the peak levels of the period in question; the extent by which that number can be surpassed given the training facilities and future retirements over the next three years; and if she will make a statement on the matter. [27749/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I have been informed by the Garda Commissioner that on 31 August 2016, the latest date for which figures are readily available, the strength of An Garda Síochána was 12,871 members compared to a peak of 14,547 members in December 2009.

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 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, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

As I have stated previously, when accelerating recruitment it is essential to ensure that An Garda Síochána has the capacity to train larger numbers without any diminution in the quality of its training programme, and to provide appropriate supervision and support to newly qualified Gardaí to ensure that victims and the public are well served. I welcome the detailed planning process that the Commissioner and her team have in place to ensure the delivery of increased numbers of Gardaí without any compromise on the quality of those recruited or the training programme.

I have requested the information requested by the Deputy in relation departures and recruitment in each of the past ten years from the Garda Commissioner and will inform the Deputy when it is to hand.

Garda Strength

Ceisteanna (108)

Bernard Durkan

Ceist:

108. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the lack of adequate Garda strength at specific locations throughout the country is under examination with a view to augmentation; and if she will make a statement on the matter. [27750/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of resources is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I have been informed by the Garda Commissioner that on 31 August 2016, the latest date for which figures are readily available, the current Garda strength is 12,871 members.

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 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, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties nationwide. Another 150 will attest later this year.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Commissioner. Applications must be made through www.publicjobs.ie. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017.

Garda Data

Ceisteanna (109)

Bernard Durkan

Ceist:

109. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the total number of gardaí injured in the course of their duty in the past ten years; the number who lost their lives in the same period; the extent to which the perpetrators were brought to justice; and if she will make a statement on the matter. [27751/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I have been advised by the Garda Commissioner that the total number of Gardaí who have reported injury in the course of their duty in the past ten years and the number who lost their lives in the same period is set out in the table. I have asked the Garda Commissioner for information relating to the specific information requested by the Deputy in relation to prosecutions and I will inform the Deputy when this is to hand.

Year	Number of Garda  injured on duty	Number of Fatalities	Total
2005	390	0	390
2006	396	0	396
2007	414	1	415
2008	415	0	415
2009	358	2	360
2010	427	0	427
2011	424	0	424
2012	407	0	407
2013	517	1	518
2014	630	0	630
2015	631	1	632
2016 (to 25/9/16)	408	0	408
Total	5417	5	5422

The following deferred reply was received under Standing Order 42A:

I refer to your Parliamentary Question No. 115 for answer on 28 September 2016, the text of which was as follows:-

"To ask the Tánaiste and Minister for Justice and Equality the total number of Gardaí injured in the course of their duty in the past ten years; the number who lost their lives in the same period; the extent to which the perpetrators were brought to justice; and if she will make a statement on the matter."

At the time the then Minister responded that she would request the specific information sought by the Deputy from the Garda Commissioner and she would write to you on receipt of same.

I am informed by the Garda Commissioner that the information regarding the extent to which the perpetrators were brought to justice is not readily available and would require a disproportionate amount of time and resources to collate.

I regret that I cannot be of more assistance.

Garda Operations

Ceisteanna (110)

Bernard Durkan

Ceist:

110. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which operational procedures within An Garda Síochána continue to be in line with best international practice with particular reference to deployment and rapid response; the extent to which the efficacy of the procedures here compare with the best in Europe; and if she will make a statement on the matter. [27752/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the Garda Commissioner has responsibility for operational procedures within An Garda Síochána, and I, as Minister, have no direct role in these matters.

I refer the Deputy to my response to Parliamentary Question No. 19 of 22 June which referenced the recommendations of the Report of the Garda Síochána Inspectorate on Crime Investigation that were designed to ensure, amongst other things, that An Garda Síochána's investigative processes align with best international standards.

The recommendations in the Report also form a key component in the overall justice reform programme which has been put in place in recent years. Implementation of this programme is being overseen by the Cabinet Committee on Justice Reform, chaired by An Taoiseach, and this Committee has taken on a role in overseeing delivery of the reforms recommended by the Inspectorate.

In June of this year, the Garda Commissioner published the Garda Síochána Modernisation and Renewal Programme 2016-2021 which takes on board the key findings of various reports into the organisation by the Garda Síochána Inspectorate, the Garda Síochána Ombudsman Commission and expert groups, amongst others. The purpose of the Programme is to professionalise, modernise and renew the organisation to ensure that it can meet present and future policing and security challenges.

The Deputy will be aware of the significant resources that have been made available to an Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. The Programme for Government commits the Government to ensuring a strong and visible police presence throughout the country and to increasing Garda numbers to 15,000, doubling the Garda Reserve and greater civilianisation.

The Programme also commits the Government to supporting the Policing Authority and the Garda Síochána Ombudsman Commission in providing a high degree of oversight and accountability for An Garda Síochána.

I am in ongoing contact with the Commissioner in relation to the wide range of issues arising from the Inspectorate report and continue to receive updates on progress. There will also of course be a central role for the Policing Authority in overseeing the implementation of the reforms identified by the Inspectorate.

Taken together, I believe that the above measures will ensure that An Garda Síochána can deliver a 21st century police and security service that will accord with international best practice.

Garda Stations

Ceisteanna (111)

Bernard Durkan

Ceist:

111. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the number of Garda stations that have operated restricted opening hours in each of the past ten years to date; her plans to increase the opening hours of such stations; and if she will make a statement on the matter. [27753/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will appreciate that decisions in relation to Garda station opening hours are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I am advised by the Garda authorities that the provision of the material requested by the Deputy would entail a disproportionate use of Garda time and resources; however, I am informed that, under the Garda District and Station Rationalisation Programme 2012 -2013, the following stations operate under revised opening hours:

Stations which previously operated on a 24 hour basis
Division	Station	Revised Opening Hours
Cork City	Watercourse Road	Monday – Saturday: 9am–6pm & 7pm-10pm   Sundays: 10am-2pm & 7pm-10pm
Cork City	Glanmire	Monday – Saturday: 12pm to 6pm
DMR East	Cabinteely	7am to 9pm
DMR South	Sundrive	7am to 9pm
DMR South	Terenure	7am to 9pm
DMR West	Cabra	7am to 9pm
DMR North	Malahide	7am to 9pm
DMR North	Santry	7am to 9pm
DMR North	Howth	7am to 9pm
DMR North	Dublin Airport	7am to 9pm
DMR South Central	Donnybrook	7am to 9pm

While these stations have reduced opening hours to the public, they continue to operate as normal functioning Garda Stations.

The revised structures under the Station Rationalisation Programme, I am informed, facilitates the introduction of enhanced patrolling systems that are operational, intelligence led and ensure that a high visibility and community-oriented policing service continues to be delivered throughout the country yielding the following benefits: increased Garda visibility and patrol hours; increased mobility and flexibility within an area resulting in an improved policing service to the public; enhanced co-ordination of Garda activity resulting in a greater visibility and presence in the communities; more effective use of limited resources across a wider area; continued Garda presence in communities.

The Deputy will be aware that the Programme for a Partnership Government, commits the Government to asking the Policing Authority to oversee a review of, amongst other things, both the boundaries of Garda districts and the disbursement of Garda stations in rural areas. In addition, the Government is committed to launching a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. I have been in contact with the Authority and the Garda Commissioner with a view to giving effect to these commitments.

I am assured by the Garda authorities that the allocation of Garda resources is continually monitored and reviewed to ensure that optimum use is made of these resources and that the best possible Garda service is provided to the general public.

Garda Transport Provision

Ceisteanna (112)

Bernard Durkan

Ceist:

112. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the various aspects of the transport section within An Garda Síochána throughout the country continue to be augmented in line with the requirements as set out by the divisional authorities; and if specific deficiencies are listed for particular attention. [27754/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of her identified operational responsibilities and the availability of resources and I, as Minister, have no direct role in the matter.

Since 2012, some €40 million has been invested in the Garda fleet, with over 500 new vehicles coming on stream in 2016 alone. This significant investment has provided the Gardaí with additional high-powered vehicles, marked and unmarked patrol cars, and motorcycles for high-visibility road policing. Investment in a modern, effective and fit-for-purpose Garda fleet will continue over the lifetime of the Government’s Capital Plan 2016-2021 which provides €46 million for new Garda vehicles, to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

I am informed by the Garda authorities that the strength of the Garda Fleet and the allocation of Garda vehicles is monitored and reviewed on a continual basis. I am further informed that vehicles may be allocated between districts as required by operational circumstances including, for example, when vehicles are required in other districts to substitute for vehicles under repair.

Garda Deployment

Ceisteanna (113)

Bernard Durkan

Ceist:

113. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which the policing requirements in County Kildare continue to be reviewed with a view to ensuring early response to the general public in times of stress; and if she will make a statement on the matter. [27755/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. Such monitoring ensures that optimum use is made of Garda resources, and the best possible Garda service is provided to the general public.

I have been informed by the Garda Commissioner that the Garda strength of the Kildare Division, on 31 August 2016, the latest date for which figures are readily available, was 314. There are also 26 Garda Reserves and 26 civilians attached to the Kildare Division. When appropriate, the work of local Gardaí is supported by a number of Divisional Units such as the Traffic Unit, Burglary Response Unit and the Scenes of Crime Unit and also from the Garda national units such as the National Bureau of Criminal Investigation (NBCI), the Garda National Economic Crime Bureau (formerly the Garda Bureau of Fraud Investigation) and the Drugs and Organised Crime Unit. The needs of each Division are fully considered within the context of the overall policing needs of the State.

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 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, reaching a strength of 15,000 will require some 3,200 new Garda members to be recruited on a phased basis over the next four years in addition to the 1,200 that will have been recruited by the end of this year since the reopening of the Garda College in September 2014. So far 534 recruits have attested as members of An Garda Síochána of whom 25 of these have been assigned to Kildare. Another 150 will attest later this year and will be assigned to mainstream uniform duties nationwide.

In order to continue to ensure seamless ongoing recruitment I was very pleased to announce the commencement of a new recruitment campaign on 8 September. The campaign is being organised by the Public Appointments Service on behalf of the Garda Commissioner. Applications must be made through www.publicjobs.ie before the closing date for applications on 29 September 2016. The existing recruitment campaign (launched last November) is ongoing and successful candidates will continue to be called from that campaign this year and into next year. It is expected that successful candidates from the new campaign will enter the Garda College from mid-2017. Kildare Division, like all Garda Divisions, will undoubtedly benefit from these resources now coming on-stream.

Bail Law

Ceisteanna (114)

Bernard Durkan

Ceist:

114. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which habitual offenders seem to be able to avail of bail on a regular basis resulting in continuation of their activity and general disregard for the interests of law abiding citizens; and if she will make a statement on the matter. [27756/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Deputy will be aware that a decision to grant bail in a particular case is a matter for the court, which is, subject only to the Constitution and the law, independent in the exercise of its judicial functions. There is a constitutional presumption in favour of bail because, in the eyes of the law, a person is innocent until proven guilty. The provisions of the European Convention on Human Rights also restrict the extent to which the right to bail can be limited.

Prior to the Sixteenth Amendment of the Constitution, bail could be refused essentially only on the grounds that the accused person would be likely to abscond or interfere with witnesses or evidence. Section 2 of the Bail Act 1997, which gave effect to the Sixteenth Amendment of the Constitution, permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person. A “serious offence” is an offence listed in the Schedule to the Bail Act that is punishable by at least five years imprisonment.

Section 11 of the Criminal Justice 1984 as amended by section 22 of the Criminal Justice Act 2007 provides that any sentence of imprisonment for an offence committed while on bail shall be consecutive but if imposed in the District Court the aggregate term of imprisonment shall not exceed two years.

As part of the Government's response to crime, one of the major objectives is to focus on the key area of strengthening the law to get tougher on serious and repeat offenders. In that context the new Bail Bill, which is being drafted on a priority basis in accordance with the Programme for a Partnership Government, will specifically provide that the courts must have regard to persistent serious offending by an applicant for bail.

Legal Aid

Ceisteanna (115)

Bernard Durkan

Ceist:

115. Deputy Bernard J. Durkan asked the Tánaiste and Minister for Justice and Equality the extent to which any evaluation has taken place of the utilisation of free criminal legal aid by professional criminals to advance their cause; and if she will make a statement on the matter. [27757/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. An accused person is entitled to be informed by the court in which he or she is appearing of his or her possible right to legal aid. The grant of legal aid entitles the applicant to the services of a solicitor and, in certain circumstances, up to two counsel, in the preparation and conduct of his or her defence or appeal. The courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. Furthermore, the court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. There is no lawful basis for taking into account an applicant's previous convictions in determining whether or not a person qualifies for criminal legal aid. I have no function in these matters which are determined by the judiciary.

I can inform the Deputy that my Department is currently preparing new legislation to update the law relating to the granting of criminal legal aid and to give effect to commitments contained in the Programme for Government. These commitments include the transfer of the operation of the system of criminal legal aid to the Legal Aid Board, introducing powers to secure contributions from defendants, more rigorous means testing and stronger sanctions against abuses.