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Tuesday, 4 Apr 2017

Written Answers Nos. 131-143

Garda Síochána Ombudsman Commission Reports

Ceisteanna (131)

Bríd Smith

Ceist:

131. Deputy Bríd Smith asked the Tánaiste and Minister for Justice and Equality when the GSOC report with regard to a person (details supplied) will be published; and the reason for the delay. [16309/17]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána Ombudsman Commission (GSOC) are investigating certain matters which have arisen as a result of this tragic case. This arises in part from the fact that my predecessor had referred aspects of this particular case to GSOC. I should also mention that a civil action has been initiated against the State in respect of issues raised in the complaint.

When the Taoiseach and I recently met with the family, the Taoiseach assured them that when the GSOC investigation is completed the question of whether, and if so, what further action can be taken, will be considered. That remains the position.

As the Deputy is aware, GSOC is an independent statutory body and the manner in which they conduct their investigation is a matter for them. The last update I received indicated that they had concluded their investigation and that they were reviewing the report. We must now await their final determination. I am sure the Deputy will appreciate that in the circumstances it would not be appropriate for me to comment further.

Garda Deployment

Ceisteanna (132)

Brendan Griffin

Ceist:

132. Deputy Brendan Griffin asked the Tánaiste and Minister for Justice and Equality if additional gardaí will be posted in a town (details supplied) in County Kerry to allow the community policing programme to be reinstated; and if she will make a statement on the matter. [16314/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions 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 am informed by the Commissioner that 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 the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division. The Commissioner has advised that all Gardaí, not simply designated Community Gardaí have a role to play in addressing community policing issues as and when the need arises and, 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 Garda 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.

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 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 informed by the Commissioner, since the reopening of the Garda College in September 2014, that 839 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide,16 of whom have been assigned to the Kerry 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 including Community Gardaí across every Garda Division, including the Kerry Division, in the coming years.

This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. 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 in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.

Garda Expenditure

Ceisteanna (133)

Catherine Murphy

Ceist:

133. Deputy Catherine Murphy asked the Tánaiste and Minister for Justice and Equality the expenditure by An Garda Síochána on media training and consultancy services with a company (details supplied) and any other provider in each of the years 2015 to 2016 and to date in 2017, in tabular form; and if she will make a statement on the matter. [16322/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate, decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.

I am, however, advised by the Garda Authorities that, following a public procurement process, the Communications Clinic was engaged to provide media training to both Garda and civilian staff in An Garda Síochána.

Payments made by An Garda Síochána to the Communications Clinic in 2015, 2016 and to date in 2017 are set out in the following table:

-

Jan-Dec 2015

Jan-Dec 2016

Jan-Mar 2017

Payments to The Communications Clinic

€10,400

€92,955

€18,266

Taught Media Ltd were engaged in the provision of video training services to the Garda Press Office to facilitate the production of crime prevention and public safety videos for distribution over digital and social media. Payments were made to Taught Media in the years referenced by the Deputy and are set out in the following table:

-

Jan-Dec 2015

Jan-Dec 2016

Jan-Mar 2017

Payments to Taught Media Ltd.

€1,351

€1,351

Nil

Question No. 134 answered with Question No. 98.

Human Trafficking

Ceisteanna (135)

Tony McLoughlin

Ceist:

135. Deputy Tony McLoughlin asked the Tánaiste and Minister for Justice and Equality the number of convictions there have been for human trafficking here since 2008; her views on the current legislation to tackle the issue; her plans to introduce stronger legislation in this regard; and if she will make a statement on the matter. [16329/17]

Amharc ar fhreagra

Freagraí scríofa

The Anti-Human Trafficking Unit of my Department initiated a data collection strategy from 1 January 2009, the results of which have been made available in Reports published annually since then and available at www.blueblindfold.gov.ie. These reports include details of convictions for human trafficking-related offences.

From 2009 until the end of 2015, there have been 48 persons convicted of human-trafficking related offences. 36 of these persons were convicted for offences under Section 3 of the Criminal Law (Human Trafficking) Act 2008, which relates to the trafficking, taking etc. of a child for the purposes of sexual exploitation. The remaining 12 were convicted for related offences including under the Child Trafficking and Pornography Act 1998. Figures for 2016 are close to finalisation and can be provided to the Deputy in due course. These statistics do not include instances where suspected perpetrators of trafficking were prosecuted for other offences or where their illegal activities were disrupted by other means.

The main law in relation to trafficking in Ireland is The Criminal Law (Human Trafficking) Act 2008. The 2008 Act commenced in June 2008 and specifically prohibits trafficking for sexual and labour exploitation, including sex trafficking and forced labour. The 2008 Act also criminalises trafficking for the purpose of exploitation consisting of the removal of human organs. The Criminal Law (Human Trafficking) (Amendment) Act 2013 was enacted in July 2013 to facilitate full compliance with the criminal law measures in Directive 2011/36/EU of the European Parliament and of the Council on preventing and combatting trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA. Some of the main measures of the 2013 Amendment Act were as follows:

- to broaden the scope of the definition of ‘exploitation’ in the 2008 Act to include exploitation consisting of forcing a person to engage in criminal activities (inside or outside the State);

- to expand the definition of the term ‘labour exploitation’ to include forced begging;

- for clarity, to define the term ‘forced labour’ in line with the definition set out in International Labour Organisation (ILO) Convention No. 29 of 1930 on Forced or Compulsory Labour;

Since the 2013 Amendment Act, there have been other legislative developments which are relevant to the fight against human trafficking

The Civil Registration (Amendment) Act 2014 was enacted on 4 December 2014. The Act contains a provision at section 18 to make it more difficult to broker a marriage of convenience thereby protecting vulnerable persons, usually women, from trafficking for the purpose of sham marriages.

The Criminal Law (Sexual Offences) Act 2017 was enacted on 22 February this year, with its main provisions commencing on 27 March. The Act was the most comprehensive and wide ranging piece of sexual offences legislation to be introduced in almost a decade, and makes it an offence for a person to pay, offer or promise to pay, a person for the purpose of engaging in sexual activity with a prostitute. The person providing the sexual service – the prostitute – is not subject to an offence. The purpose of introducing these provisions is primarily to target the trafficking and sexual exploitation of persons through prostitution. That Act contains, at Section 27, a commitment to Report to the Oireachtas within 3 years on the operation of these provisions.

Under the Second National Action Plan to Prevent and Combat Human Trafficking in Ireland, which I launched last October, there is a commitment to keep under review the adequacy of legislation to support the prosecution of traffickers. This Action is fulfilled through ongoing monitoring of the efficacy of the current legislation and appropriate consultation with An Garda Síochána, and is informed by our engagement a range of domestic NGOs and international organisations.

Question No. 136 answered with Question No. 101.

Departmental Information

Ceisteanna (137)

Colm Brophy

Ceist:

137. Deputy Colm Brophy asked the Tánaiste and Minister for Justice and Equality the number of requests her Department received for material to be made available in Braille format in each of the years 2014 to 2016; the number of these requests that were accommodated by her Department; the cost implication and the person or body that provided the translation service. [16378/17]

Amharc ar fhreagra

Freagraí scríofa

I can confirm that there were no requests received for material to be made available in braille format in my Department during the period 2014 - 2016.

Tax Rebates

Ceisteanna (138)

Mattie McGrath

Ceist:

138. Deputy Mattie McGrath asked the Tánaiste and Minister for Justice and Equality the details of a rebate scheme (details supplied); the number of community alert groups, neighbourhood watch groups and non-aligned text alert groups, respectively, that applied for funding; the number that have been paid the rebate to date; the reason some groups have not been paid in view of the fact the closing date for applications was October 2016; and if she will make a statement on the matter. [16520/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, I recently announced a new cost rebate scheme, administered by Muintir na Tire, for local groups operating the Garda Text Alert scheme, including many Community Alert and Neighbourhood Watch groups. In response to that announcement, I am informed by Muintir na Tire that 473 valid applications were received from Text Alert Groups and that all applicants have been paid in full. In order for an application to be deemed valid, it had to include evidence that the group had incurred allowed costs in the previous 12 months. These costs include the cost of providing text alerts (SMS credits etc.) and insurance. I am further informed that the amounts paid varied from €40 to the maximum of €150, with the vast majority of groups receiving the maximum payment. It does remain open to those groups who feel that they made a valid application and did not receive a rebate to contact Muintir na Tire directly.

Courts Service Administration

Ceisteanna (139)

Dara Calleary

Ceist:

139. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a case (details supplied) in which translation services in court were deemed to be insufficient; if the Courts Service has taken steps to address the deficiency identified; and if she will make a statement on the matter. [16566/17]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that the provision of interpretation services to the courts is an ongoing priority for the Courts Service to facilitate access to justice for those for whom English is not their first language.

I am further informed that the Courts Service has two companies under contract in order to deal with the need for interpreters, the diverse range of languages required and to ensure an appropriate standard of interpretation. The terms of the contract provide that interpreters must be capable of providing an appropriate level of interpretation services to the court. The quality of interpretation services is kept under ongoing review and where any problem arises with the service provided, these are brought to the attention of the companies involved. The Courts Service has also advised me that the case to which the Deputy refers was brought to the attention of the supplier company to address the issues that arose.

Road Traffic Accidents Data

Ceisteanna (140, 146, 147, 148, 149)

Thomas P. Broughan

Ceist:

140. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of fatal collisions in 2015, 2016 and to date in 2017; the number of drivers involved in these road traffic collisions, RTCs, that were tested for alcohol; the number of these fatal RTCs that involved one vehicle and more than one vehicle, respectively; the number and reason that drivers in each of these years were not tested for alcohol either at the scene, Garda station or hospital after being involved in a fatal crash; and if she will make a statement on the matter. [16592/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

146. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of fatal road traffic collisions from 2013 to 2016; the number of uninjured surviving drivers that were involved by year; the number of uninjured surviving drivers that were not tested for alcohol at the scene of the fatal crash; and the reason these uninjured drivers were not tested at the scene. [16598/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

147. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of serious injury road traffic collisions in each year from 2013 to 2016; the number of uninjured surviving drivers that were involved, per year; the number of uninjured surviving drivers each year that were not tested for alcohol at the scene of the serious injury crash; and the reason these uninjured drivers were not tested at the scene. [16599/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

148. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of injured drivers involved in a road traffic collision resulting in death or serious injury to another each year from 2013 to 2016; the number that were taken to hospital; the number of those tested for alcohol in hospital; and the reasons for not testing in hospital. [16600/17]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

149. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the number of drivers involved in fatal and or injury related crashes each year from 2015 to 2016 since the law for testing incapacitated and unconscious drivers involved in fatal or injury related collisions came into effect on 27 November 2014; the number that were tested and not tested respectively, in hospital; and the reason for not testing such drivers in hospital. [16601/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 140 and 146 to 149, inclusive, together.

I have requested a report from the Garda authorities in relation to the statistics requested by the Deputy and I will contact the Deputy directly upon receipt of a Garda report.

Garda Forms

Ceisteanna (141)

Thomas P. Broughan

Ceist:

141. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality when the CT68 form will be updated to include the Dräger number and breath test details; and if she will make a statement on the matter. [16593/17]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to the matter referred to in the Deputy's question and I will contact the Deputy directly upon receipt of a Garda report.

Question No. 142 answered with Question No. 113.

Garda Data

Ceisteanna (143)

Thomas P. Broughan

Ceist:

143. Deputy Thomas P. Broughan asked the Tánaiste and Minister for Justice and Equality the other areas of data collection and collation that will be audited in the Government's external examination of An Garda Síochána; the road safety aspects that will be examined; and if she will make a statement on the matter. [16595/17]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that on 28 March 2017 I made a detailed statement to the House in relation to roads policing matters and endeavoured to answer a range of questions which were put to me. I can inform the Deputy that since then I have written to the Chairperson of the Policing Authority in accordance with section 62O(6) of the Garda Síochána Act, 2005 (as amended) to report to me on its oversight of the issues which have arisen in relation to fixed charge notices and mandatory alcohol testing over the coming period. In particular, I requested that an investigation should be conducted to examine all issues arising, addressing to the extent possible the reasons why the issues have arisen; the incidence and scale of the issues; and the solutions implemented to ensure there is no recurrence. It is expected that the Authority will engage outside expertise to carry out this work. The Deputy will appreciate that we need to await the conclusion of the Authority's work in this area.

On the general issue of Garda data, I want to draw a clear distinction between the issues relating to data on alcohol breath testing and the official Recorded Crime Statistics which are published by the Central Statistics Office, as the national statistics agency. The Garda figures for alcohol breath testing do not form part of the official recorded crime statistics and Deputies will, no doubt, recall that the systems for the production of the official crime statistics have been subject to very close scrutiny in recent years. The CSO have carried out two comprehensive reviews of Data Quality to underpin the ongoing publication of the official crime statistics, following on recommendations of the Garda Inspectorate. The latest such review (September 2016) records significant improvements and provides a framework to measure ongoing enhancements to the quality of crime data. I understand that further reviews of crime data quality are planned by the CSO, and it is important to recognise that the work of the CSO in this area provides us with an important degree of re-assurance that the concerns about crime data, which have been identified by the Garda Inspectorate, are being properly addressed. Over the last 18 months or so, important upgrades to the PULSE system and new incident recording processes have been implemented which require more detailed verification and supervision of the recording of crime incidents. It is expected that these improvements will support ongoing improvements in the quality of crime data.

The Deputy will recall that the Garda Inspectorate raised a number of concerns about crime data quality in its Report on Crime Investigation which was published in November 2014. The Inspectorate made detailed recommendation designed to improve the consistency and accuracy of data within the Garda PULSE system. Among the steps taken to respond to the concerns identified in the Inspectorate report was the establishment of a Data Quality Team in the Garda Information Services Centre (GISC), as well as measures to strengthen PULSE governance arrangements. These measures form part of broader steps to take forward the Inspectorate’s recommendations, including upgrading the technology for recording of crime and policing activity. I am advised that this process is ongoing and I have asked the Garda authorities to advise me of the outcome of this work.

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