Written Answers Nos. 159-176
160. Deputy Jim Daly asked the Tánaiste and Minister for Justice and Equality the legislation that protects the relationship between the sharers of boundaries and the overgrowth of trees along same; and if she will make a statement on the matter. [20009/17]
Amharc ar fhreagraThe difficulties experienced by property owners arising from trees and high hedges on neighbouring land were raised in both the Dáil and Seanad during passage of the Land and Conveyancing Law Reform Act 2009. At that time, my Department consulted on the matter with the Law Reform Commission, which had been involved in drafting the 2009 Act, and the Commission took the view that unreasonable interference caused by high trees or hedges was a matter in any particular case for tort law or more generally for planning or environmental law.
In England and Wales, for example, difficulties arising in connection with high trees or hedges are dealt with under Part 8 of the Anti-Social Behaviour Act 2003. This Act makes provision for local authorities to determine complaints by the owners or occupiers of domestic property who are adversely affected by evergreen hedges over 2 metres high. Broadly similar legislation, i.e. the High Hedges Act (Northern Ireland) 2011, came into operation in Northern Ireland on 31 March 2012. Under our existing law, a person may be in a position to seek damages or an injunction requiring the cutting of boundary hedges or trees under the tort of nuisance. In order for the nuisance to be actionable, the person concerned would have to show that an easement existed and that there had been a substantial interference with that right.
The manner in which problems associated with high hedges and overhanging trees are resolved in both England and Wales and Northern Ireland indicates a clear preference for the resolution of such disputes at local level, preferably by mediation, with recourse to the courts only as a last resort. This is intended to reduce the risk of prolonged and costly litigation, and the risk that court proceedings could leave a legacy of bitterness between adjoining property owners and ill-feeling in the local community.
The Mediation Bill 2017, which is currently before the Oireachtas, does not deal directly with the issue of overhanging trees and high hedges. It does, however, propose introduction of an obligation on solicitors and barristers to advise any person wishing to commence legal proceedings to consider mediation as a means of resolving a dispute before embarking on such proceedings. It will also provide that a court may, following the commencement of proceedings, on its own initiative invite parties to consider mediation and suspend the proceedings to facilitate the mediation process.
For the sake of completeness I should add that, under section 70 of the Roads Act 1993, an owner or occupier of land is required to take all reasonable steps to ensure that trees, shrubs and hedges on land are not a hazard or potential hazard for a person using a public road. The section also provides that where a tree, shrub or hedge is a hazard, or obstructs the safe use of a public road, a road authority may serve notice on the owner or occupier of the land requiring that action such as the felling, cutting or removal of the tree, hedge or shrub be taken within a stated period. In addition, section 58 of the Communications Regulation Act 2002 provides that a network operator may, after serving notice on the owner or occupier of the land, lop or cut any tree or shrub which obstructs or interferes with any physical infrastructure of the network operator.
162. Deputy Michael Healy-Rae asked the Tánaiste and Minister for Justice and Equality the status of a new courthouse in Tralee, County Kerry; and if she will make a statement on the matter. [20121/17]
Amharc ar fhreagraAs 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 their objective is to provide improved court accommodation in Tralee which has been on its agenda for some time. The scope for refurbishing and developing the existing courthouse on Ashe Street to provide the range of services expected in a modern courthouse is extremely limited due to the nature of the building and space constraints. Accordingly, the Courts Service is currently considering a number of options for Tralee Courthouse including whether it should build a completely new courthouse on a new site or whether it is feasible to consider refurbishment and extension of the existing courthouse if an adjacent town centre site could be purchased.
163. Deputy Willie Penrose asked the Tánaiste and Minister for Justice and Equality when a competition will take place for the appointment of three civilian managers for An Garda Síochána which has been promised in recent statements; and if she will make a statement on the matter. [20144/17]
Amharc ar fhreagraThe Government has agreed an overall vision for a Garda workforce of 21,000 personnel by 2021 comprising of 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. This very substantial investment in personnel is driven by our commitment to ensure all citizens have the reassurance of a visible, responsive and effective policing service.
At present, there are approximately 2,000 civilians in the organisation carrying out management, administrative and technical roles. The projected number of 4,000 civilians will effectively double this figure and represents a medium-term target of 20% civilians over the next five years. That will bring An Garda Síochána, currently with 14% civilians, more into line with international norms and ensure that trained police men and women are available for and utilised in operational areas. This will be achieved through (i) a ‘civilian by default’ policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and (ii) redeployment of Gardaí from administrative and technical duties that may be done by suitably qualified civilians where necessary.
Budget 2017 provided funding for the recruitment of up to 500 civilians this year in line with the five-year reform and high level work force plan agreed by the Government in July 2016 to fill critical capacity and skills gaps in the organisation including in the areas of corporate supports, change management, human resources and financial management. Garda management have estimated that some 30% of the civilian appointments made this year will lead to redeployments of trained Gardaí to the frontline.
The three key civilian positions referred to by the Deputy are Executive Director Strategy and Transformation, Executive Director Legal and Compliance and Chief Information Officer. These positions, which are at a level equivalent to Assistant Commissioner, will strengthen the capacity of senior management within An Garda Síochána and play an important role in the governance and modernisation of the organisation over the coming years. I can inform the Deputy that a competition for the position of Executive Director Strategy and Transformation is currently in progress and is being run by the Public Appointments Service (PAS). The closing date for applications was 20 April 2017. I understand that PAS expects to hold final interviews before the end of this month. I can further inform the Deputy that PAS expects to advertise the position of Executive Director Legal and Compliance within the next two weeks. The job specification for the post of Chief Information Officer is the subject of discussion between Garda management and the Policing Authority which I hope will be concluded very shortly.
164. Deputy Kevin O'Keeffe asked the Tánaiste and Minister for Justice and Equality the number of fatal road accidents caused by farm machinery, by county, in each of the years 2014 to 2016 and to date in 2017, in tabular form. [20266/17]
Amharc ar fhreagraI have requested a Garda report on the matter referred to in the Deputy's question and will contact the Deputy directly on receipt of a Garda report.
165. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of prosecutions for breaches of the weight restrictions on Kennelsfort Road, Palmerstown, Dublin 20, between March 2016 and March 2017; the number of these breaches which were dealt with by fixed charge notices; the number of cases which resulted in penalty points being issued; and if she will make a statement on the matter. [20281/17]
Amharc ar fhreagraI have requested a Garda report on the matter referred to in the Deputy's question and will contact the Deputy directly on receipt of a Garda report.
The following deferred reply was received under Standing Order 42A
The Garda authorities have since provided my Department with the following report:
Checkpoints are conducted by Garda personnel both randomly and pursuant to the Road Traffic Acts for the purpose of: Mandatory Alcohol/Intoxicant Testing; detecting offences contrary to the Road Traffic Acts and Transport Regulations; as well as detecting other criminal offences. Gardaí on duty would also, in the ordinary course of their duties, frequently have occasion to engage and interact with drivers and other road users and such interactions may not necessitate further action or be recorded. Multi-agency checkpoints are conducted by An Garda Síochána with other agencies including the Road Safety Authority, Taxi Regulator, RevenueCommissioners (i.e. Customs + Excise) and the Department of Social Protection, but are not separately recorded on the Garda PULSE System.
Dedicated initiatives, either independent or in conjunction with European colleagues under the auspices of TISPOL, are also frequently put in place by An Garda Síochána to detect specific offences by specific groups of road users, including HGVs, the purpose of which is to assist the European Community in reducing road fatalities on Europe’s roads.
It is advised that the specific area reference by the Deputy is in the DMR West Garda Division and, between March 2016-2017, a total of 118 HGV checkpoints were conducted by personnel from the DMR West Garda Division. Records indicate that a total of six Fixed Charge Notices have, to date, been issued during this period for weight-related offences for the Division, all of which are recorded as having been paid and notification passed to the Department of Housing, Planning, Community and Local Government for penalty points to be recorded on the appropriate driving licences.
166. Deputy John Curran asked the Tánaiste and Minister for Justice and Equality the number of gardaí assigned to the traffic corps in March 2014, 2015, 2016 and 2017; and if she will make a statement on the matter. [20282/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources, including to the Garda Traffic Corps and I, as Minister, have no direct role in the matter. I am assured by the Commissioner that Garda personnel assigned throughout the country, together with the overall policing arrangements and operational strategies are continually monitored and reviewed. Such monitoring ensures that optimum use is made of resources and the best possible policing service is provided to the general public.
I am informed by the Garda authorities that the strength of the Garda Traffic Corps in the years March 2014 to 2016 and, as of the 31 March 2017, the latest date for which figures are readily available, was as set out in the table below. In addition, there is a Chief Superintendent and a Superintendent attached to the DMR Traffic Corps, and a Superintendent attached to the West and South East Region. The other three Regions each have a Traffic Inspector.
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 to 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 progressing well. 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 by the Commissioner, since the reopening of the Garda College in September 2014, that 981 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that another 600 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 - an increase of 500 since the end of 2016.
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 Traffic Corps in the coming years.
The Commissioner has committed in her Policing Plan for 2017 to increase the number of personnel dedicated to traffic duties by 10% to support better outcomes in relation to road traffic enforcement.
In this regard the Commissioner has confirmed that the personnel requirement of the Garda Traffic Corps is currently being assessed to identify the most vulnerable areas in regard to serious traffic collisions and the level of compliance with Road Traffic legislation. Combined with this data I am informed that the Assistant Commissioner, Roads Policing and Major Event/Emergency Management is currently assessing the capacity of Divisions and Districts to identify and target areas where An Garda Síochána could accelerate the deployment of personnel to traffic in 2017. The filling of the vacancies identified will be conducted on a structured basis and will be further enhanced with the new recruits coming on stream.
Road traffic legislation is, of course, also enforced as part of the day to day duties of members of An Garda Síochána. Both targeted and general methods of enforcement have a valuable role to play in An Garda Síochána's enforcement programme, which targets locations with a view to preventing the commission of offences, detecting errant motorists, changing their behaviour and ultimately reducing death and injuries on our roads.
An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) also sets out key strategic objectives for Road Policing which will inform and guide An Garda Síochána's Road Policing plans over the next 5 years. Under the Programme, the Garda Commissioner will undertake a number of road safety traffic enforcement initiatives, including expanding the use of technology and increasing checkpoints.
|
Garda Traffic Corps Strength |
|
|
31 March 2014 |
795 |
|
31 March 2015 |
733 |
|
31 March 2016 |
691 |
|
31 March 2017 |
655 |
167. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to establish an inquiry into the circumstances of the death of a person (details supplied); if so, the nature of this inquiry; and the date on which it will commence. [20311/17]
Amharc ar fhreagra168. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the number of times she discussed the circumstances of the death of a person (details supplied) and persons connected to it with the Garda Commissioner; and the dates on which this occurred. [20312/17]
Amharc ar fhreagra169. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the date on which her attention was drawn to the status of a person (details supplied) as a Garda informant. [20313/17]
Amharc ar fhreagra188. Deputy Dara Calleary asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to events preceding the death of a person (details supplied) as outlined on a television programme on 20 April 2017; the steps she undertook to investigate the issues; the persons and bodies to which she referred the issues; the dates she did so; the follow-up undertaken by her; and if she will make a statement on the matter. [20426/17]
Amharc ar fhreagra203. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the steps she has taken to provide explanations to the families of persons (details supplied) as to whether those persons were unnecessarily exposed to danger as a result of the failure on the part of An Garda Síochána to notify the Garda station in Omeath of the presence in that area of the person that subsequently murdered and attempted to murder the persons concerned. [20540/17]
Amharc ar fhreagra204. Deputy Jim O'Callaghan asked the Tánaiste and Minister for Justice and Equality the steps she has taken to inquire into whether a person (details supplied) was appropriately registered as an informant with An Garda Síochána. [20541/17]
Amharc ar fhreagraI propose to take Questions Nos. 167 to 169, inclusive, 188, 203 and 204 together.
A number of serious allegations that had been raised with me in correspondence previously in respect of a tragic incident that took place at Omeath in October 2015 were aired publicly in a recent television programme. The House will understand the need for sensitivity in respect of those who have suffered greatly as a result of that incident.
It is important that the truth of those allegations, insofar as they relate to any action or inaction on the part of members of An Garda Síochána, should be established and there are ongoing processes, set out in law, to do just that.
The concerns that had been raised with me were, in all cases, brought quickly to the attention of, and pursued with, the Garda Authorities in the context of the ongoing investigation and review processes into the events at Omeath and related matters. I expect to receive a final report from the Garda Authorities addressing these matters when the investigation and review are completed.
I was aware also that certain relevant matters had been brought to the attention of the Garda Síochána Ombudsman Commission. On 21 April 2017 the Ombudsman Commission indicated publicly that it had decided to initiate a public interest investigation into these matters in accordance with its statutory powers under the Garda Síochána Acts 2005-2015. The Ombudsman Commission has indicated also that its public interest investigation will take place alongside the ongoing investigation of complaints made previously. I understand that these investigations will encompass the issues that Deputies have raised in their Questions.
The Deputies will agree it is essential that the Ombudsman Commission’s investigations must be allowed to take their course in order that the truth or otherwise of allegations made can be established independently and in accordance with the law and, indeed, to identify anything that might be learned from those events. In that context there are no plans to establish a further form of inquiry at this time.
While it would not be appropriate for me to go into the detail of allegations made, I would make the point that for obvious reasons of safety and security it has been the long-standing practice of my predecessors not to comment publicly on whether any person was or was not a Garda informant. I do not propose to depart from that practice.
The House will understand also that it is a fundamental aspect of our criminal justice system that decisions in relation to preferring charges in individual cases are solely a matter for the Director of Public Prosecutions who acts independently in doing so. The Office of the DPP is uniquely well-placed, with the relevant expertise, to make a determination as to what convictions are likely to be secured on the basis of the assessment of the evidence presented and in the light of all relevant legal provisions.
170. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to launch a national Traveller and Roma inclusion strategy; and the resources that will accompany it for implementation. [20314/17]
Amharc ar fhreagraThe recent statement by the Taoiseach announcing State recognition of Traveller ethnicity was the culmination of a long-standing campaign by Travellers to have their identity, culture and unique position valued by their formal recognition as a distinct ethnic group. The key argument for recognition of Traveller ethnicity was that recognition of the distinct heritage, culture and identity of Travellers and their special place in Irish society would be hugely and symbolically important to Traveller pride and self-esteem and overcoming the legacy of economic marginalisation, discrimination and low self-esteem with which the Traveller community struggles. This is not to ignore the real problems that Travellers face but this symbolic gesture will create a new platform for positive engagement by the Traveller community and the Government in together seeking sustainable solutions based on respect and an honest dialogue on these issues and challenges. The historic statement by the Taoiseach is also a new beginning and the start of the work that we need to do as a society, in partnership with Travellers, to address the real and stark issues that face the Traveller community in areas such as health, employment, education and accommodation. I will present my plans to address these issues in the new National Traveller and Roma Inclusion Strategy which I will, in consultation with other Departments and Traveller and Roma representatives, finalise shortly. I look forward to continuing to work with Travellers as part of what will be a broad-ranging Inclusion Strategy with an ambitious set of objectives. The focus is on enhanced coordination and more effective use of existing resources. Insofar as additional resources may be necessary for implementation of this Inclusion Strategy, this is a matter for the relevant Departments as part of the annual Estimates process. I was successful in securing an additional €1 million for my own Department's work in this regard for 2017 and I will seek further resources as the need arises in future years.
171. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will commission a nutritional audit of direct provision centres. [20315/17]
Amharc ar fhreagraRecommendation 4.102 of the McMahon Report recommends that "RIA [Reception & Integration Agency] should engage a suitably qualified person to conduct a nutrition audit to ensure that the food served meets the required standards...". The McMahon Report lists some 173 recommendations, some of which required legislative changes or physical, constructional changes to be implemented. My Department is tracking and publishing progress on the recommendations.
In relation to this specific recommendation, RIA has been in contact with the HSE to progress this matter across all centres. If the HSE are not available to provide such a service, options will be explored to source this from commercial providers.
173. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will develop and implement a dedicated child protection strategy for direct provision accommodation. [20317/17]
Amharc ar fhreagraRIA takes and has always taken the issue of Garda vetting and child protection very seriously. RIA has a dedicated Child and Family Services Unit, whose role is to manage, deliver, coordinate, monitor and plan all matters relating to child and family services for all persons resident in State provided accommodation. It also acts as a conduit between RIA and Tusla, the latter having statutory functions in this area. The Unit is headed up by an official seconded from Tusla who has clinical expertise in the area of child welfare and protection.
RIA's Child Protection and Welfare Policy and Practice Document is based on the HSE's Children First - National Guidelines for the protection and welfare of children. In relation to training of staff in centres, the HSE/Tusla has provided 'Keeping Safe' child protection training and Designate Liaison Person Training [DLP] to each centre's Designated Liaison Persons and other staff members. RIA has recently updated its Child Protection Policy to include a Practice Document. To communicate this policy, briefing sessions were held in every centre around the country for centre staff members and all other relevant personnel. The policy is available on www.ria.gov.ie/en/RIA/Pages/Policy_Documents.
174. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality her plans to develop and introduce national standards for direct provision centres. [20318/17]
Amharc ar fhreagra175. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality if she will develop an independent oversight mechanism for the inspection regime in direct provision. [20319/17]
Amharc ar fhreagraI propose to take Questions Nos. 174 and 175 together.
Recommendation 4.226 of the McMahon Report recommends that "The Minister for Justice and Equality should establish a standard-setting committee to reflect fully government policy across all areas of service in Direct Provision...". The McMahon Report lists some 173 recommendations, some of which required legislative changes or physical, constructional changes to be implemented. My Department is tracking and publishing progress on the recommendations.
In relation to the specific recommendation on standards, a committee has been established which includes representatives of the NGO community and support from state agencies and has met on a number of occasions. It continues to sit and has sought advice from external sources including HIQA (Health Information & Quality Authority) on the drafting of new standards.
The output of this group is expected to continue to inform the level of services and facilities available in State provided accommodation centres. This in turn will then be subject to rigorous inspection by the Department itself in addition to any external inspectorate which is contracted by the Department for this purpose. Quite separate from these standards and subsequent inspections, all State provided accommodation centres are already subject to inspection by a number of State agencies such as EHOs, Local Authority Fire Officers, the Health and Safety Authority etc.
176. Deputy Jonathan O'Brien asked the Tánaiste and Minister for Justice and Equality the outstanding recommendations of the McMahon report yet to be implemented. [20320/17]
Amharc ar fhreagraOn 23 February last, Minister of State Stanton and I published a report showing the significant progress in implementing the recommendations of the Report of the Working Group on Improvements to the Protection Process including Direct Provision and other supports for asylum seekers.
A total of 121 of the recommendations are now implemented, with a further 38 partially implemented or in progress. This means that 92% of the Report's 173 recommendations are now implemented, partially implemented or are in progress. This is a significant increase on the 80% reported in the first audit of progress published last June.
Details of progress on all of the 173 recommendations are available in the audit report, which has been posted on my Department's website and on the website of the Irish Naturalisation and Immigration Service.
