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Gnáthamharc

Thursday, 30 Mar 2017

Written Answers Nos. 1 - 25

Garda Promotions

Ceisteanna (13)

Mick Wallace

Ceist:

13. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she is satisfied with the process undertaken by the Policing Authority regarding the recent competition and selection for the rank of assistant commissioner in An Garda Síochána; and if she will make a statement on the matter. [15699/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Policing Authority is an independent statutory body established on 1 January 2016 to, amongst other things, oversee the performance of the Garda Síochána in relation to policing services, to promote public awareness of policing matters and to promote and support the continuous improvements in policing in Ireland.

A key function of the Authority relates to the appointment of persons to the senior ranks of An Garda Síochána. Following the commencement of the remaining provisions of the Garda Síochána (Policing Services and Miscellaneous Provisions) Act 2015 and related Regulations on 1 January 2017, this power of appointment formally vested in the Authority.

On 25 January 2017, the Authority advertised a competition for appointment to the rank of Assistant Commissioner in An Garda Síochána. The competition proceeded in accordance with the governing Regulations and the Authority’s “Statement of Practice for the Conduct of a Selection Competition for Appointment to the Rank of Assistant Commissioner in the Garda Síochána”.

I am advised that a key element of the process was the establishment by the Authority of a selection board which included an external Chair. Following short-listing of candidates, preliminary interviews and a final competitive interview the Authority established a panel of five candidates for appointment in the order of merit determined by the selection board. The person placed first on the panel was appointed at the meeting of the Authority on 23 March 2017.

Clearly, this is a new beginning as it represents the first time that there has been an appointment to the senior ranks of An Garda Síochána by a statutorily independent body. It was also the first time that appointment to Assistant Commissioner was open to the ranks of Inspector, Superintendent and Chief Superintendent in both the Garda Síochána and the Police Service of Northern Ireland.

I am delighted that the major change in the system of promotions to these ranks envisaged when the Authority was being established has now come to fruition. I would like to congratulate the Authority and its staff on the successful organisation of the selection competition. The Authority is currently conducting a competition for appointment to the Chief Superintendent rank.

Immigration Policy

Ceisteanna (14)

Gino Kenny

Ceist:

14. Deputy Gino Kenny asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the hardship the visa restrictions on Libyan citizens is causing a number of applicants; if these restrictions could be lifted in cases other than those working in the beef or oil industries in view of the recent EU deal with the Libyan authorities on migrants; and if she will make a statement on the matter. [15660/17]

Amharc ar fhreagra

Freagraí scríofa

I take it that the Deputy is referring to the Malta Declaration, agreed by members of the European Council on 3 February, 2017. The declaration seeks to reduce migratory flows and disrupt smuggling networks along the Central Mediterranean route by working with the main country of departure, Libya. The European Union (EU) will seek to, inter alia, build capacity for the Libyan coast guard and relevant agencies, disrupt smuggling rings, support local development in Libya, ensure adequate reception centres in Libya, support the International Organisation for Migration in stepping up voluntary returns, and enhancing outreach to migrants in Libya.

A principal objective of the Malta Declaration is the stabilisation of Libya. The EU Trust Fund for Africa is the main funding mechanism the EU is using to support stabilisation in Libya, and I understand an additional €200 million has been made available in 2017 to give priority to migration-related projects concerning Libya.

As to the restrictions on consideration of Irish visa applications from residents of Libya, these were put in place in August, 2014 due to the political and security situation in Libya. In doing so, all relevant considerations including the ongoing security situation in Libya and the potential economic impact of the restrictions were taken into account. There is provision for a small number of exceptions to the extent indeed that 109 visas were granted to Libyan nationals in 2016, and 96 in the previous year. As with any visa application, each application is assessed individually based on its own merits and having regard to all the information put forward for consideration.

The position has been kept under review by the Irish Naturalisation and Immigration Service of my Department. Ultimately, an appropriate balance must be struck between State security and individual applicants who wish to come here. I have asked my officials to look again at the restrictions in place to consider if there may be some scope to extend the categories of applicants who may be considered for visa processing.

Magdalen Laundries Report

Ceisteanna (15)

Maureen O'Sullivan

Ceist:

15. Deputy Maureen O'Sullivan asked the Tánaiste and Minister for Justice and Equality when the archive of the interdepartmental committee on the Magdalen laundries will be made available. [15637/17]

Amharc ar fhreagra

Freagraí scríofa

In February, 2013 the report of an Inter-Departmental Committee to establish the facts of the State's involvement with the Magdalen Laundries was published. That report was chaired by then Senator Martin McAleese and it is commonly referred to as the McAleese report. The material in the Report relates to 10 different institutions which were run by 4 different Orders of nuns over a period of 70 years. The religious congregations involved gave full access to the Inter Departmental Committee and its report provides a wealth of information, in anonymised form, for those interested in research.

The McAleese report specifically states that it was agreed that the most appropriate course of action would be that the archive of the Committee’s work would be deposited with An Taoiseach and that is where the archive is held. The records provided by the religious congregations concerned were returned to them and are not part of the State archive.

The records held in the State archive and by the religious congregations contain very sensitive personal data. In relation to the records held by the religious congregations, I am informed that a person who had been in the Magdalen Laundry concerned will be given access to their own records. As regards general access, that is a matter for the congregations themselves subject to the Data Protection Acts. In relation to the State archive there are no plans to make it available publicly at this time and, at all events, the records are subject to the Data Protection Acts.

Legal Aid Service

Ceisteanna (16)

Catherine Connolly

Ceist:

16. Deputy Catherine Connolly asked the Tánaiste and Minister for Justice and Equality further to Parliamentary Question No. 87 of 23 February 2017, the names and positions of the additional 15 full-time staff at the Legal Aid Board; and if she will make a statement on the matter. [15747/17]

Amharc ar fhreagra

Freagraí scríofa

As outlined in my previous response, the Legal Aid Board is committed to providing all international protection clients with early legal advice and to support this function the Government provided funding to the Board for additional staff. The budget assigned to the Board for the use of private solicitors where necessary has also been increased.

I am informed by the Legal Aid Board that three of the board's law centres - Smithfield, Dublin 7; Seville House, Galway; and Popes Quay in Cork - are directly involved in protection cases and a number of additional staff have been assigned to those offices. Another office, the Refugee Documentation Centre, provides information services to all of the bodies involved in international protection cases. While it is not the practice to name individual staff, I understand that staffing levels in these offices has increased from 64.3 FTEs in December 2015 to 76.6 FTEs at the present time and the board plans to recruit two additional staff for Smithfield in the near future. They are also considering the need for additional solicitors. The Deputy will appreciate that each law centre undertakes a range of civil legal aid work in addition to the international protection work and I am assured by the Board that these arrangements are proving sufficient at present but the matter is kept under ongoing review.

Asylum Support Services

Ceisteanna (17)

Joan Burton

Ceist:

17. Deputy Joan Burton asked the Tánaiste and Minister for Justice and Equality if she has received legal advice as to Ireland's and the United States' obligations to refugees under the Geneva Convention. [15512/17]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my response to her Question No. 62 of Thursday, 16 February in which I explained Ireland's obligations under the Geneva Convention. Persons who claim protection in the State will have their application fully considered under the International Protection Act 2015 which gives effect to the State's obligations under the Geneva Convention relating to the Status of Refugees. Ireland, of course, has no role in the US policy or procedures for dealing with persons who seek asylum from the US authorities. This is solely a matter for the US authorities.

I assume the Deputy raises the matter in the context of the US preclearance arrangements that exist at Dublin and Shannon airports. The matter has been examined by a cross Departmental group consisting of the Departments of Transport, Foreign Affairs and Trade and the Justice & Equality. The group had access to legal advice from the Office of the Attorney General.

The preclearance arrangements are set out in the Aviation (Preclearance) Act 2009. Specifically, Section 12 of the Act provides that a person who is refused preclearance to travel onwards to the United States, shall be deemed for the purpose of the Aliens Act 1935 and the Immigration Act 2004, to have arrived at the frontier of the State. In many cases, the persons are Irish citizens or EU nationals subject to Free Movement and once this is established they are not subject to any further immigration requirements.

In circumstances where a person is refused leave to board a US bound flight, he or she is reverted to the Garda immigration authorities and the case is considered by Garda immigration officers in the same manner as if they had presented at the frontier of the State seeking permission to enter the State. For those subject to immigration controls under the Immigration Act 2004, as is normal in these cases, each case is examined on its individual merits to determine if the person is to be given permission to enter the State. Accordingly, the provisions of the Geneva Convention in respect of such persons are considered under Irish law by Irish immigration officers.

Garda Deployment

Ceisteanna (18)

Fiona O'Loughlin

Ceist:

18. Deputy Fiona O'Loughlin asked the Tánaiste and Minister for Justice and Equality the number of the new Garda recruits assigned to the Kildare Garda division in each year since Garda recruitment resumed in 2014; and the attested personnel strength of the Kildare Garda division in September 2014 and at the end of February 2017. [15749/17]

Amharc ar fhreagra

Freagraí scríofa

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. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.

This plan is well on course to be achieved. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am advised that, since the reopening of the Garda College in September 2014, there has been a total intake of some 1,400 new recruits with another 600 scheduled to enter the College by the end of this year. I am informed by the Commissioner that some 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 45 of whom have been assigned to the Kildare Division. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - a net increase of 700 in the total Garda strength since recruitment recommenced.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the Kildare Division in the coming years.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

For ease of reference I have provided, for the record, a breakdown of the detailed information requested in relation the number of newly attested Garda allocated to the Kildare Division, since the first attestation of trainee Garda in April 2015 and the number of Garda assigned to the Kildare Division on 30 September 2014 and 28 February 2017, the latest date for which figures are readily available.

Personnel Strength

Number of newly attested Garda

2014

301

n/a

2015

312

15

2016

316

20

2017

326

10

Garda Station Closures

Ceisteanna (19)

Bobby Aylward

Ceist:

19. Deputy Bobby Aylward asked the Tánaiste and Minister for Justice and Equality if any of the Garda stations closed in counties Carlow and Kilkenny in 2012 and 2013 are included in the six stations being examined for reopening under the pilot programme. [15771/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to her, including in relation to Garda stations.

As the Deputy will be aware, the Garda Síochána District and Station Rationalisation Programme gave rise to the closure in 2012 and 2013 of some 139 Garda stations, including Leighlinbridge in Carlow and Ballyragget, Inistioge and Johnstown in Kilkenny, following the completion by An Garda Síochána of a comprehensive review of its district and station network. That review was undertaken with the objective of identifying opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation. I have been advised by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion, particularly with regard to targeted police operations.

The Programme for Government commits the Government to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. A cornerstone of this commitment is the Government plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. Revisiting the decisions made to close Garda stations is also part of that commitment.

In this context, I have requested the Garda Commissioner, while fully cognisant of her statutory functions, to identify 6 stations for reopening on a pilot basis to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order. The pilot will feed into the wider review being undertaken by the Garda Síochána Inspectorate, at the request of the Policing Authority, of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities.

I understand that work is continuing in An Garda Síochána to identify the 6 stations for inclusion in the pilot and that consultations have taken place with relevant stakeholders, including the Policing Authority. In this context, I am sure that the Deputy would agree that a comprehensive and evidenced-based analysis should be carried out, taking account of all the relevant factors, before a final decision is made in respect of the stations to be reopened by the Commissioner.

I expect to receive a report from the Commissioner by the end of May in connection with the exercise.

Garda Procedures

Ceisteanna (20)

Mick Wallace

Ceist:

20. Deputy Mick Wallace asked the Tánaiste and Minister for Justice and Equality if she is satisfied that Garda senior management is still capable of performing its duties to the highest standard following the revelation that 14,700 persons were convicted in the courts without a fixed charge notice first being issued and that the number of drink driving tests carried out was exaggerated by over 937,000; and if she will make a statement on the matter. [15698/17]

Amharc ar fhreagra

Freagraí scríofa

I have been very clear in expressing my very serious concerns over the past week in relation to the extent of the road traffic enforcement issues highlighted by An Garda Síochána and the significant numbers of errors involved, not to mention the considerable number of individuals who are affected by these errors.

As we have seen from the figures released over the past week by An Garda Síochána, considerable numbers of the general public have interacted with and will continue to interact with An Garda Síochána in the context of road traffic enforcement, whether at a Mandatory Alcohol Testing checkpoint, or via the Fixed Charge Processing System. As such, it is critical that there is public confidence in the operation and oversight of these vital enforcement systems.

I acknowledge the extensive audits that An Garda Síochána has carried out since these issues came to their attention and the fact that solutions are now in place and are being closely monitored at the highest levels within the organisation.

The Garda Commissioner has given me her personal commitment that all necessary steps will be taken to ensure that these errors cannot reoccur.

The Deputy will be aware that in addition to outlining the issues, how they had come to light, and the remedial steps taken so far, at her press conference on 27 March 2017, the Commissioner:

- announced the restructuring of traffic policing with the creation of a new Roads Policing Unit to be led by Assistant Commissioner Mick Finn;

- announced the creation of a dedicated team under newly-appointed Assistant Commissioner Michael O’Sullivan to investigate in detail the MATs issue, including with a view to identifying and holding responsible for their actions any Garda members, whether at junior, supervisory or management level, who acted improperly; and

- committed to forwarding the report of this investigation to the Policing Authority and Department of Justice and Equality when completed.

Assistant Commissioner Finn outlined new arrangements agreed this week with the Medical Bureau on Roads Safety to the effect that body would supply An Garda Síochána with its data on breath-testing devices on a quarterly basis, in order to ensure an independent benchmark against which Garda data can be measured. The MBRS will shortly be tendering for new breath testing equipment. New equipment which is available in the market place has the capacity to record the time, GPS location and number of persons breath-tested, and has the capacity to download the information automatically reducing the chances of errors occurring in the data.

Notwithstanding any internal review the Government believes that an external investigation into these two specific matters needs be carried out.

The Government believes the level of public concern is now so profound that it may now be time to conduct a thorough, comprehensive and independent root-and-branch review of An Garda Síochána. That is clearly a proposal that will require further detailed consideration by the Government.

The Government also believes that any such proposal should command widespread support in the Oireachtas and accordingly be the subject of consultation with the Opposition, and ultimately approval by the Oireachtas.

I have also met with the Chairperson of the Policing Authority in recent days in relation to these road traffic enforcement issues and I welcome the fact that the focus of the Authority's next public meeting with the Garda Commissioner will be on road traffic enforcement. This public meeting will be held on 27 April 2017 and will provide a most timely opportunity for An Garda Síochána to engage with the Authority and the general public on these key procedural and practice issues that are now before us. The reason that I prioritised and set up the Authority was to shine a light on and examine issues such as these.

The Garda Commissioner has been in direct contact with the Policing Authority in relation to the matters referred to in the Deputy's question and the Chairperson of the Policing Authority, Josephine Feehily, has confirmed that the Authority will carefully examine these issues.

I have emphasised to the Garda Commissioner that these practices that allowed breath test misreporting and FCN errors to happen within An Garda Síochána over many years have impacted negatively on public confidence and the new systems that have been established in response must be robust in order that public confidence can begin to be rebuilt.

I am confident that senior management in An Garda Síochána is taking all necessary steps insofar as these critical matters are concerned and I will continue to maintain close contact with the Garda Commissioner and the Chairperson of the Policing Authority in relation to these matters.

Court Accommodation Provision

Ceisteanna (21)

Thomas Byrne

Ceist:

21. Deputy Thomas Byrne asked the Tánaiste and Minister for Justice and Equality the long-term plans for the Courts Service in counties Meath and Louth. [15533/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts, including the provision of accommodation for court sittings, is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that court sittings in County Meath are provided in two court venues in the county, Trim and Navan. The courthouse in Trim was refurbished in 2001 at a capital cost of €7.6 million. Video technology has recently been introduced in Trim courthouse which will facilitate video conferencing between the courthouse and prisons with a view to reducing the number of prisoners physically being brought to Court. The courthouse facility in Navan is a leased premises to provide a temporary solution to accommodate court sittings in Navan. In the longer term the requirement for a modern court complex in Navan is recognised and the Courts Service is currently actively pursuing options to source a suitable site for a courthouse in the town.

In relation to County Louth, court sittings in the county are provided from three court venues, Dundalk, Drogheda and Ardee. The courthouse in Dundalk was refurbished in 2003 at a capital investment of €10.3 million. As the Deputy will be aware, a new courthouse is currently under construction in Drogheda as part of a Public Private Partnership Bundle of seven courthouses in various locations nationwide. Delivery of this courthouse is expected in April/May 2017 and, once available, it should address any capacity concerns. The new courthouse is a two courtroom venue which will facilitate both Circuit and District Court business.

As a matter of policy, on completion of any major refurbishment/construction project, I understand that the Courts Service undertakes a review of the delivery of court services with a view to ensuring the delivery of best possible services to court users while maximising the value of investment in such facilities.

Road Traffic Offences

Ceisteanna (22)

Ruth Coppinger

Ceist:

22. Deputy Ruth Coppinger asked the Tánaiste and Minister for Justice and Equality if she will report on the remedy there will be for 14,700 persons wrongly convicted of road traffic offences due to errors in Garda records; and if she will make a statement on the matter. [15753/17]

Amharc ar fhreagra

Freagraí scríofa

I would like to emphasise at the outset that I have met with the Garda Commissioner and the Chairperson of the Policing Authority in the past days and have communicated my very serious concerns in relation to the significant road traffic enforcement errors that have come to light following the completion of extensive internal audits by An Garda Síochána.

The Deputy will be aware that An Garda Síochána has confirmed that it has put solutions in place to deal with the procedural and practice issues that have been detected to ensure that such errors do not recur. Specifically, I have been assured by An Garda Síochána that a permanent and comprehensive IT solution is now in place to cover the majority of issues identified and An Garda Síochána is satisfied that the errors that occurred cannot be repeated.

Insofar as the 14,700 people incorrectly convicted of road traffic offences in court are concerned, An Garda Síochána is establishing a dedicated support helpline for members of the public with queries in relation to their case. An Garda Síochána is also writing to all affected members of the public, explaining what has happened and outlining the solution to rectify the situation. An Garda Síochána has indicated that it has been advised by the Director of Public Prosecutions and Courts Service that these 14,700 cases must be brought back before the Courts at Circuit Court level with a view to requesting that the erroneous convictions can be set aside. An Garda Síochána has established a dedicated team to this end and is liaising with the Court Services to expedite this process. As such, members of the public affected by the road traffic enforcement errors referred to are requested to await the aforementioned correspondence from An Garda Síochána which will provide further clarification on the matter.

I want to say that it is matter of great regret to me that anyone should be summonsed to court incorrectly, with all of the consequences that follow for individuals. It is absolutely critical now that these mistakes are resolved and the necessary remedial actions put in place.

The Deputy will be aware that the Garda Commissioner has announced the restructuring of traffic policing with the creation of a new Roads Policing Unit to be led by Assistant Commissioner Mick Finn. The Garda Commissioner has been in direct contact with the Policing Authority in relation to the matters referred to in the Deputy's question and the Chairperson of the Policing Authority, Josephine Feehily, has confirmed that the Authority will have an independent professional audit undertaken of the steps taken to resolve the issues.

I welcome the fact that the focus of the Authority's next public meeting with the Garda Commissioner will be on road traffic enforcement. This public meeting will be held on 27 April 2017 and will provide a most timely opportunity for An Garda Síochána to engage with the Authority and the general public on these key procedural and practice issues that are now before us. The reason that I prioritised and set up the Authority was to shine a light on and examine issues such as these.

I will continue to maintain close contact with the Garda Commissioner and the Chairperson of the Policing Authority in relation to these matters.

British-Irish Co-operation

Ceisteanna (23)

Eamon Ryan

Ceist:

23. Deputy Eamon Ryan asked the Tánaiste and Minister for Justice and Equality if she has raised issues or concerns regarding Irish sovereignty in the context of foreign agents, with particular reference to British operatives involved in the incidents which have led to the Pitchford inquiry in the UK, with her counterpart; if so, the details of that discussion; and if she will make a statement on the matter. [8757/17]

Amharc ar fhreagra

Freagraí scríofa

The British Government established the UK's Undercover Policing Inquiry in 2015 in order to investigate and to report on the undercover police operations conducted by English and Welsh police forces in England and Wales since 1968. It is chaired by Lord Justice Christopher Pitchford.

As the Deputy will appreciate, the establishment of the Pitchford Inquiry and its terms of reference were and are matters solely for the British Government in accordance with UK law. It is established under the UK Inquiries Act 2005 which does not provide powers for extraterritorial inquiry.

It is my understanding that representations seeking the extension of the inquiry's terms of reference outside England and Wales were made previously by the authorities in Northern Ireland, Scotland and Germany, and that the UK Home Secretary having considered those representations decided that the terms of reference of the inquiry would not be so amended. Although in this context the question of my seeking the extension of a UK inquiry does not arise, as I have indicated to the House on several occasions, should anything emerge from the findings of the Pitchford Inquiry that would be relevant to policing in this jurisdiction I will consider it fully and take any action that may be required.

My colleague, Minister Flanagan, met recently with the Secretary of State for Northern Ireland and as part of their wider discussions on issues of mutual interest he raised with him concerns that have been expressed previously in this House on matters relating to the Pitchford Inquiry. The Secretary of State for Northern Ireland agreed to convey those concerns to the Home Secretary, who is the minister in the UK Government with responsibility for the inquiry.

Allegations regarding an undercover police officer in this jurisdiction were first made public in 2011. A report from the Garda Commissioner at that time noted that no evidence of criminal activity by that person had been established. That said, if any evidence of any criminal wrongdoing is available it should be brought to the Garda Authorities. In the light of developments since these matters first came to light I have requested a fresh report from the Garda Commissioner on any issues arising and the Garda Authorities are in ongoing contact with their counterparts in London in this regard. I will fully consider this report when it is available.

Garda Deployment

Ceisteanna (24)

Mary Butler

Ceist:

24. Deputy Mary Butler asked the Tánaiste and Minister for Justice and Equality the number of new Garda recruits assigned to the Waterford Garda division in each year since Garda recruitment resumed in 2014; and the attested personnel strength of the Wexford Garda division in September 2014 and at the end of February 2017. [15760/17]

Amharc ar fhreagra

Freagraí scríofa

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. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.

This plan is well on course to being achieved. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.

I am advised that, since the reopening of the Garda College in September 2014, there has been a total intake of some 1,400 new recruits with another 600 scheduled to enter the College by the end of this year. I am informed by the Commissioner that some 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 24 of whom have been assigned to the Waterford Division and 28 of whom have been assigned to the Wexford Division. I am also informed that another 750 trainee Garda are scheduled to attest this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - a net increase of 700 in the total Garda strength since recruitment recommenced.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the Waterford Division and Wexford Divisions in the coming years.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

For ease of reference I have provided, for the record, a breakdown of the detailed information requested in relation to the number of newly attested Garda allocated to the Waterford and the Wexford Divisions, since the first attestation of trainee Garda in April 2015 and the number of Garda assigned to those Divisions on 30 September 2014 and 28 February 2017, the latest date for which figures are readily available.

-

Waterford Division

Wexford Division

Personnel Strength

Number of newly attested Garda

Personnel Strength

Number of newly attested Garda

2014

274

n/a

251

n/a

2015

282

14

255

15

2016

277

10

258

10

2017

275

0

267

3

Data Protection

Ceisteanna (25)

James Lawless

Ceist:

25. Deputy James Lawless asked the Tánaiste and Minister for Justice and Equality the steps that have been taken to prepare for the implementation of the GDPR in 2018; the level of preparedness among industry; and if she will make a statement on the matter. [15534/17]

Amharc ar fhreagra

Freagraí scríofa

The position is that the General Data Protection Regulation (GDPR) has direct legal effect and does not therefore require to be transposed into national law. The Regulation does however contain a number of Articles which provide Member States with a limited margin of flexibility, mainly in respect of the public sector. Work is ongoing in my Department on the preparation of a General Scheme of a Bill to give further effect to the GDPR and also to transpose the law enforcement Data Protection Directive (Directive (EU) 670/2016) which deals with the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences and the execution of criminal penalties. The Regulation will come into effect in Ireland on 25 May 2018 and the Directive must be transposed into Irish law by 6 May 2018. The Department of Justice and Equality has been in regular consultations with other Departments and public bodies and agencies in the course of the preparation of the scheme and awareness has been raised significantly through this process.

The GDPR adopts a risk-based approach which means that individual data controllers and processors have to put appropriate technical and organisational measures in place in order to ensure and be able to demonstrate that the processing of personal data is in compliance with the Regulation, taking into account the nature, scope, context and purposes of the processing and the risks of varying likelihood and severity for the rights and freedoms of individuals. The GDPR provides for the establishment of supervisory authorities at national level with a wide range of functions and powers, including the task of promoting the awareness of controllers and processors of their obligations under the Regulation. The Office of the Data Protection Commissioner, which the Deputy is aware has already been in existence in Ireland for almost 30 years, is the supervisory authority for Ireland.

I am advised by the Office of the Data Protection Commissioner (DPC) that promoting and building awareness of the GDPR is a top priority for the office in 2017. The DPC is taking a leading role in driving awareness, in collaboration with other stakeholders where appropriate, acknowledging that effective GDPR awareness raising will be a combined effort of the DPC, the Government, practitioners, industry and professional representative bodies.

The DPC is using a broad range of communications channels, techniques and platforms. These include: conferences and speaking events; engagement with the media and social media; GDPR guidance; and information awareness raising campaigns.

The Commissioner, Deputy Commissioners and other senior staff are engaged as speakers at a number of high-level, high-impact events in 2017, focusing on GDPR awareness and circulating guidance through representative organisations.

The DPC issued a readiness document in relation to the new Regulation at the end of 2016, entitled "The GDPR and You". I understand that further GDPR guidance will be published over the course of 2017.

I should add that I established the Government Data Forum in 2015 which brings together a wide range of expertise and experience including legal and data protection professionals, representatives from SMEs and multinationals as well as sociologists, psychologists and education specialists.

The Forum’s membership has been designed to enable a broad discussion of some of the key issues around the use of personal data in our digital society.

Preparations for the GDPR and increasing awareness of data protection among the broader population are two key areas of focus for the Forum for the year ahead. The centrepiece of the Forum’s activities for this year is the Data Summit that will take place on 15 and 16 June in the Convention Centre. Preparations for the GDPR will be a core theme for the Summit with a series of presentations and practical ‘how to’ sessions integrated throughout the programme.

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