Wednesday, 28 Sep 2016

Written Answers Nos. 62-70

Domestic Violence Policy

Ceisteanna (62)

Josepha Madigan

Ceist:

62. Deputy Josepha Madigan asked the Tánaiste and Minister for Justice and Equality if, in view of the murder of a person (details supplied) and statistics which show that 50% of women who are victims of homicide are killed by their partner or former partner, she will prioritise the publication of the domestic violence Bill 2016 and the ratification of the Istanbul Convention to combat domestic violence against women; and if she will make a statement on the matter. [27432/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

Given that the shocking and tragic event to which the Deputy refers is still under investigation it would not be appropriate for me to comment on the specific case other than to reiterate my deepest condolences and sympathy for the family of the victims. Domestic violence is a social evil and the protection of members of society from domestic violence remains a priority for me and my Department. Drafting of the Domestic Violence Bill is at an advanced stage. It is my intention that the Bill will be submitted for Government approval and published during the current Dáil session. The Bill will improve access to barring orders and provide for greater supports for victims in the court process in areas such as court accompaniment. The enactment of the Domestic Violence Bill is one of the actions required in order to enable Ireland to ratify the Istanbul Convention. The Istanbul Convention is a significant legal instrument in the fight against domestic and sexual violence. The Programme for a Partnership Government contains a commitment to implementing in full the Convention. Work is underway across a range of Government agencies to implement the legislative and administrative actions required for ratification of the Istanbul Convention. Those actions are contained in the Second National Strategy on Domestic, Sexual and Gender-based Violence which was published in January. Monitoring of the implementation of the strategy, which involves representatives from key state organisations and the community and voluntary sector, has commenced and formal reporting on the implementation of the strategy will take place every six months.

The Deputy may also wish to note I recently announced the awarding of contracts for a national awareness campaign as part of the Second National Strategy on Domestic, Sexual and Gender based Violence 2016-2021. Funding of €950,000 for 2016 has been secured for this campaign. In addition, funding of €200,000 has been awarded under the Dormant Accounts Fund to localise the campaign in 2016 and 2017. The campaign will commence in the last quarter of 2016 and it is intended that it will run for a period of 6 years up to 2021, subject to the continued availability of the necessary funding. The overall aim of the campaign is to increase the awareness of domestic and sexual violence, to bring about a change in long established societal behaviours and attitudes and to activate bystanders with the aim of decreasing and preventing this violence. It will recognise that women and men are victims of such crimes.

Garda Síochána Ombudsman Commission Investigations

Ceisteanna (63)

Clare Daly

Ceist:

63. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her plans to strengthen the Garda Síochána Ombudsman Commission's ability to deal with complaints against gardaí, particularly the problems being experienced in it dealing with protected disclosures; the difficulties being experienced in having claims effectively investigated; and the rights of the whistleblowing gardaí protected during the process. [27371/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The Garda Síochána Ombudsman Commission (GSOC) has a hugely important role in ensuring that public confidence in the Garda Síochána is safeguarded, and has extensive powers under the 2005 Act to enable it to carry out its responsibilities.

GSOC has been operating now for 10 years and in that time its role has been expanded by, for example, bringing complaints against the Garda Commissioner within its remit and making it the body to whom Gardaí can make Protected Disclosures.

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. Those Regulations were revoked by the 2014 Act and an entirely new system was put in place.

The 2014 Act was part of the then Government's comprehensive approach to enhancing the protections available to whistleblowers, including members of the Garda Síochána. Under the Act, GSOC is now the prescribed body authorised to receive protected disclosures on Garda matters. Where a protected disclosure is made to GSOC the Act provides that GSOC may, if it appears to it desirable in the public interest to do so, investigate the disclosure.

It is important to recognise the very significant fact that a member of the Gardaí who makes a disclosure in accordance with the Act is entitled to all the protections provided for whistleblowers in the Act. These protections include protection from having their identity revealed, protection from dismissal and protection from being penalised in their employment as a result of having made a protected disclosure.

I am aware of the comments made by the Chairperson of GSOC at the Justice and Equality Committee on 21 September, 2016. I am of course pleased that the Committee has had the opportunity to hear from the Chairperson and her views on how matters might be improved. Judge Mary Ellen Ring has been in place for a year now and she has made a significant contribution to ensuring confidence in its oversight role.

There are undoubtedly matters which can be examined with a view to improvement. I am aware of the Chairperson's general views on the legislation which governs the manner in which GSOC operates and my Department will be studying in detail the remarks she made to the Committee. In that regard, it is the case that the relevant legislation is under review in the Department in the light of its operation and views which have been expressed by GSOC to the Department in recent discussions. Following that review I will consider specific proposals for change in this area.

I should mention that GSOC's budget for 2016 is €9.546 million, which represents an increase of some €500,000 on the 2015 amount. Resources and funding will be kept under continuing review to ensure that GSOC is enabled to continue to operate effectively and efficiently and in accordance with its statutory remit and there will be ongoing consultation between the Department and GSOC on this matter.

Prisoner Welfare

Ceisteanna (64)

Clare Daly

Ceist:

64. Deputy Clare Daly asked the Tánaiste and Minister for Justice and Equality her views on the fact that a person (details supplied) is being held in continuous solitary confinement in violation of their human rights and that the advice of medical professionals regarding their custody plan has not been implemented; and if she will make a statement on the matter. [27370/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Prison Service that violently disruptive prisoners are managed under the Irish Prison Service Violently Disruptive Prisoner Policy, which was revised as recently as September 2016. Management in accordance with the policy includes an input from all of the relevant services in relation to the prisoner’s conditions of detention. This involves case conference discussion on a regular basis, with participation from a multi-disciplinary team including operational, therapeutic and healthcare services.

I can advise the Deputy that the prisoner referred to is one of a small number of violently disruptive prisoners currently being managed within the terms of the Violently Disruptive Prisoners Policy. Any decisions that are taken in relation to the regime in place for the prisoner are taken in full consultation with the relevant services and are cognisant of the advice received from them. In this case, the prisoner can spend all prison unlock periods out of cell, to include access to the exercise yard, gym, shower facilities, phone calls, visits, healthcare services and association with a small number of prisoners, assessed as suitable by the Governor.

The Deputy will appreciate that when dealing with prisoners who pose a particular challenge to the good order of a prison and a safe environment for staff and prisoners, a balance is required between the rehabilitation of individual prisoners and the requirement to provide safe, secure and humane conditions while in custody.

The Irish Prison Service is in the process of setting up a specific unit to better manage the risks and needs of such prisoners. This unit is being developed based on international best practice and will allow for the management of particularly high risk prisoners within a small and highly supervised unit, where their management is informed from both an operational and psychological perspective. This unit will allow for specialist assessment of individual risks to be carried out, followed by individual and/or group work to try to reduce the risk of harm to others, thus enabling a return to normal or a more appropriate location as risk reduces.

Livestock Theft

Ceisteanna (65)

Niamh Smyth

Ceist:

65. Deputy Niamh Smyth asked the Tánaiste and Minister for Justice and Equality the measures she is putting in place to support farmers along the Border region who have had livestock stolen, particularly in counties Cavan and Monaghan where in some instances farmers have endured multiple thefts of livestock; the action she is taking on this issue; and if she will make a statement on the matter. [27223/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am of course very conscious of the serious impact of the theft of livestock, as well as the theft of farm equipment and similar crimes, on farm families and rural communities.

In relation to policing measures to counter livestock theft in the areas referred to, I am advised that local Garda Management closely monitors the allocation of all resources, including mobile patrols, in the context of crime trends, policing needs and other operational strategies in place on a District, Divisional and Regional level, with targeted patrols being deployed in areas where crime is more frequent; I am further advised that Gardaí maintain liaison is maintained with local communities through the Community Alert Scheme and the Garda Text Alert system.

Regular mobile patrols supplemented by Traffic Corps units and other Regional units are in operation with specific checkpoints to focus on travelling criminals. The additional resources made available to An Garda Síochána through Operation Thor support efforts to tackle the theft of livestock and farm machinery.

Furthermore, divisional Crime Prevention Officers and District Officers maintain liaison with local and Regional representatives from the Irish Farmers’ Association, the Irish Creamery and Milk Suppliers Association and the Department of Agriculture. Efforts are continuing in conjunction with the farming communities and other local groups to tackle all theft-related crime, including livestock and farm-equipment. Advice is regularly provided, by the Divisional Crime Prevention Officer, to local farmers and community groups in relation to security of property, including livestock.

The Deputy may be aware that a specific partnership initiative exists between An Garda Síochána, the Irish Farmers Association and Crimestoppers, providing a reward fund of €10,000 to encourage reports to assist Gardaí in identifying those involved in livestock theft. In addition, the Theft Stop initiative also involving Gardaí, the Irish Farmers Association and Crimestoppers is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID and then registered on a nationwide database. Anyone with information about such crimes may use the Crimestoppers confidential number 1800 25 00 25.

Finally, I might add that rural crime, including the theft and unlawful movements of livestock, is also identified as a priority for the Joint Agency Task Force, created since November, 2015 under a “A Fresh Start, The Stormont Agreement and Implementation Plan". The Joint Agency Task Force is led by senior officers from the Police Service of Northern Ireland, An Garda Síochána, the Revenue Commissioners and HM Revenue and Customs. It includes a number of other organisations, such as the Departments of Agriculture, Food and Marine, the Department of Agriculture and Rural Development in Northern Ireland, as well as the Food Safety Authority.

Community Policing

Ceisteanna (66)

Declan Breathnach

Ceist:

66. Deputy Declan Breathnach asked the Tánaiste and Minister for Justice and Equality her plans to increase the number of community gardaí in the Louth Garda division. [27394/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will be aware, the Garda Commissioner is responsible for the distribution of resources, including Community Gardaí, 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.

I have been informed that as of the 31 August 2016, the latest date for which figures are readily available, there were 780 Community Gardaí assigned to Garda Divisions throughout the country. Of these 16 were assigned to the Louth Division. It is, of course, the case that all Gardaí have a role to play in addressing community policing issues as and when the need arises. In that sense, community policing involves far more than a single unit within An Garda Síochána.

Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community – both urban and rural – has its own concerns and expectations. In this regard I welcome the strong emphasis placed by the Commissioner's Modernisation and Renewal Programme 2016-2021 on further developing and supporting the community policing ethos of the organisation so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. Proposed initiatives include the establishment of local Community Policing Teams (CPTs) headed by an Inspector and made up of Gardaí from across a range of areas to proactively work with the community to prevent and detect crime; and the establishment of Community Safety Fora in every District comprising local Gardaí, local communities and key stakeholders.

The implementation of these initiatives will be supported by the Government's commitment to ensuring a strong and visible police presence throughout the country. This will be achieved through continuing the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000, as well as doubling the Garda Reserve and increasing the number of civilian staff so as to free-up Gardaí for front-line policing. Taking account of projected retirements, reaching a strength of 15,000 members 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. Community policing, and all other Garda activities, will undoubtedly benefit from these resources now coming on stream.

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.

The Government is also committed to prioritising community crime prevention schemes. My announcement last week at the National Ploughing Championships of a doubling of the funding for the Community Alert Programme to €350,000 which will go directly to local groups is a tangible expression of this commitment to supporting a partnership approach to crime prevention between local communities and An Garda Síochána.

Visa Applications

Ceisteanna (67)

Paul Murphy

Ceist:

67. Deputy Paul Murphy asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to any family members of Irish citizens who are refugees from the Syria-Iraq conflict; if she takes into account the particular difficulties of acquiring in-date travel documents for these refugees when seeking visas to Ireland to be reunited with their family members resident here; if she will consider issuing travel documents to such persons; and if she will make a statement on the matter. [27424/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that a person must be in possession of either a valid travel document or national passport in order to make a visa application. Should a person not meet this criterion, they will need to either obtain a national passport from their home country or a travel document from a humanitarian organisation such as the International Committee of the Red Cross or similar.

Ireland has placed particular focus on implementation of its Resettlement Programme which will see a total of 520 programme refugees resettled in Ireland under the UNHCR-led programme by December 2017. To date, some 486 of these 520 have been admitted from Lebanon. Sufficient cases were selected during a selection mission to Lebanon earlier this year to fill the rest of the quota of 520. These cases have been security screened and health screened and are scheduled to arrive between now and the end of October. As we will have fulfilled our commitments under the EU Resettlement programme ahead of target, the Government and I recently announced that we are extending the resettlement programme to take in a further 260 refugees from Lebanon in 2017.

Garda Data

Ceisteanna (68)

Lisa Chambers

Ceist:

68. Deputy Lisa Chambers asked the Tánaiste and Minister for Justice and Equality if An Garda Síochána keeps any records of members' stress-related absenteeism; the number of gardaí currently absent on that basis; and if she will make a statement on the matter. [27386/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

I have been informed by the Garda Commissioner that sickness absences are not recorded in the manner requested by the Deputy.

Garda Training

Ceisteanna (69)

Jim O'Callaghan

Ceist:

69. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the action being taken to expand the professional development of An Garda Síochána and encourage more members to seek more specialised third level training and qualifications; and if she will make a statement on the matter. [27380/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, which includes arranging for the training of Garda members and civilian staff and I, as Minister, have no direct role in the matter.

I am informed by the Garda Commissioner that each Garda Division has a Continuous Professional Development School (CPD) which provides professional development on a variety of topics and issues ranging from procedural to legislative changes and the implementation of new initiatives. The Garda College also designs and delivers a range of professional development programmes for members of An Garda Síochána including leadership, management, applied skills and crime training. In addition Garda members and staff are actively encourage to pursue third level courses through financial support and study facilities such as annual leave and research topic approval.

I have been informed by the Garda Commissioner that as part of An Garda Síochána's Modernisation and Renewal Programme (2016-2021) investment in learning and development in An Garda Síochána will be enhanced to support the development and skills of all members and staff who will receive the training, mentoring, leadership development that they require to continue to develop their skills, to perform more effectively in their roles and progress their careers.

The Deputy may also wish to be aware that those recruited to An Garda Síochána since the reopening of the Garda College in September 2014 are undertaking a new training programme that leads, after 2 years, to a Bachelor of Arts in Applied Policing. This Programme which is accredited by the University of Limerick is subject to external scrutiny. I am looking forward to the graduation of new Gardaí from this Programme later this year.

Garda Reserve

Ceisteanna (70)

Jim O'Callaghan

Ceist:

70. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality her plans to boost Garda Reserve numbers; and if she will make a statement on the matter. [27379/16]

Freagraí scríofa

Tánaiste and Minister for Justice and Equality

The "Programme for a Partnership Government" includes a commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. Reserve members have undergone training in many of the skills required to be an effective full-time member of An Garda Síochána and it is important that we build on the very real contribution that they are making to the policing of communities right across the country.

I have spoken to the Garda Commissioner in relation to the delivery of this commitment and what steps might be taken to ensure that the expanded Reserve is used to best effect in support of visible policing. In this regard, I welcome the recent assignment by the Commissioner of a Superintendent to head up the Garda Reserve Management Office. I understand that the Office is currently undertaking an audit of the experience and skills of Reserves which, when completed, will assist Garda management in considering the future role to be played by the Reserve. It has also started work on the development of a recruitment plan with the objective of recruiting and training 300 new Reserves annually, starting next year, to bring the strength of the Reserve up from its current strength of 789 members to 2,000. As part of the planning process, I understand that the Office is examining the possibility of recruitment at the regional or divisional level, rather than centrally, and also the manner in which the training is delivered.

The expansion of the Reserve will complement the commitments in the Programme for Government to continue the ongoing accelerated Garda recruitment programme with a view to increasing Garda numbers to 15,000 and also to increase further civilianisation to free up Gardaí to front-line policing duties. The delivery of these measures over the lifetime of the Government will ensure a visible policing presence in communities nationwide. 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 of trainee Gardaí I was very pleased to announce the commencement of a new recruitment campaign on 8 September which includes a special stream for eligible reserve members. 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 which was 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.