Written Answers Nos. 511-530
511. Deputy Catherine Murphy asked the Minister for Justice and Equality the procedures and mechanism for persons with policing experience and qualifications gained in another jurisdiction, that is, another policing service or Northern Ireland, that can enable them to transfer into An Garda Síochána; and if he will make a statement on the matter. [35833/17]
Amharc ar fhreagra512. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of police officers serving in An Garda Síochána who are on secondment from the police services outside Ireland; and if he will make a statement on the matter. [35834/17]
Amharc ar fhreagra534. Deputy Catherine Murphy asked the Minister for Justice and Equality his plans to consult with the Policing Authority and An Garda Síochána regarding reforming Garda recruitment policy to increase the age limitations of recruits and to allow for qualified members of other European police services to transfer into and apply for police duties in An Garda Síochána; and if he will make a statement on the matter. [35879/17]
Amharc ar fhreagraI propose to take Questions Nos. 511, 512 and 534 together.
While there are currently no mechanisms for the ‘transfer’ of persons with policing experience and qualifications gained in another jurisdiction to An Garda Síochána, there are a number of routes under the Garda Síochána Act 2005 by which individuals with such experience may join the organisation
Competitions for the positions of Garda Commissioner and Deputy Garda Commissioner and not restricted to serving members and, as the Deputy will be aware, the most recent competitions for these posts were open to all individuals with relevant experience and qualifications.
Competitions for appointment to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent are open to members of the PSNI once they meet the eligibility criteria. The Policing Authority assumed responsibility for undertaking these competitions on 1 January 2017 and, coinciding with that date, the eligibility criteria were extended to include any member of the PSNI not below the rank of inspector who has served not less than 2 years in that rank. Previously, they were confined to those in the rank immediately below. The 2005 Act also provides for the secondment from the PSNI to certain ranks in An Garda Síochána for a period not exceeding 3 years. I have been informed by the Commissioner that there are currently no police officers serving in An Garda Síochána on secondment from police services outside the State.
Also of relevance is the statutory provision for former members of An Garda Síochána to be re-appointed to the organisation. The most recent applications in this respect concern former members who departed to serve in police services in Australia and have gained valuable skills and experience from that service and wish to re-join An Garda Síochána.
Individuals with appropriate policing experience and qualifications gained in other jurisdictions may also be suitable for appointment to various civilian roles available within the Garda organisation. Having regard to the Government's aim of 20% of the Garda workforce comprising civilians by 2021 it can be expected that these opportunities will increase.
I am very keen to explore how further opportunities can be created to open up entry routes at all levels and I look forward to receiving the report of the Garda Inspectorate's examination of the options before the end of the year. Those options could include, for example, fast track entry for policing professionals from other jurisdictions at the lower ranks and the targeted intake of experienced skilled police officers at the senior ranks.
513. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on the consultation report with children and young persons in the direct provision system that was published by the Department of Children and Youth Affairs. [35838/17]
Amharc ar fhreagra514. Deputy Ruth Coppinger asked the Minister for Justice and Equality if he will make changes to the direct provision system to greatly improve the living conditions and welfare of asylum seekers and their children (details supplied); and if he will make a statement on the matter. [35839/17]
Amharc ar fhreagraI propose to take Questions Nos. 513 and 514 together.
This report comprises the views of children living in State provided accommodation collated from five consultation sessions carried out with children from a wide range of centres in 2015. Many of the likes and dislikes expressed by the children were also identified and addressed in the recommendations of the McMahon Report. In implementing those recommendations we have taken the views of children as expressed in this report into account.
The International Protection Act 2015 introduced the single application procedure for international protection. This replaces the sequential processing system and is the single biggest reform in this area for the past twenty years. Since January 2017, all applications for international protection are being processed under the new single applications procedure. In responding to length of time issues, the Department, in addition to implementing the single procedure, proactively engaged in an examination of cases of those longest in the system. These cases have been expedited resulting in substantial numbers of people who were greater than five years in the system now dealt with. It is estimated that almost all of those identified in the Report as being over 5 years in the Direct Provision system and who do not have any impediments, such as ongoing judicial reviews, have now had their cases processed to completion.
A range of measures have been put in place to ensure that the principle of the best interests of the child can be effectively implemented from the single application procedure to living in centres. There is ongoing implementation of the child protection and welfare policy in all accommodation centres under the direct supervision of an officer seconded to the Reception and Integration Agency (RIA) from TUSLA. In addition to this, an officer seconded from the Department of Education and Skills to RIA oversees the enrolment of children in accommodation centres across the country as they link in with local schools. In addition, the remit of the Ombudsman for Children has been extended to include children in state provided accommodation centres.
My Department continues to work with Contractors at a number of centres (both State owned and commercial) to commence projects for independent living for residents. This is a follow on from the provision of this facility at Mosney and Ballyhaunis. This will include home cooking within the family accommodation units in some instances and access to communal cooking stations for residents in other instances. These projects allow adult family members to cook for themselves and their families rather than availing of the central catering services provided at the centres. These projects will be reviewed and refined with a view to their application across the entire accommodation portfolio where feasible. It should be noted that these projects can involve structural works and due regard needs to be taken of fire safety legislation and planning requirements.
The 2016 annual report from the Reception and Integration Agency of the Department contains a detailed listing of the on-site and off-site facilities available for children who are living in State provided accommodation. This report is available at http://www.ria.gov.ie/en/RIA/Pages/RIA_Annual_Report_2016 .
515. Deputy Eoin Ó Broin asked the Minister for Justice and Equality his plans to provide a place finders service similar to that provided to programme refugees to residents of direct provision centres who have secured their leave to remain but are unable to secure permanent accommodation due to the rental crisis. [35841/17]
Amharc ar fhreagra516. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he will meet with the Minister for Housing, Planning, Community and Local Government to agree the best way in which to assist those residents of direct provision who have secured their leave to remain but are unable to access permanent housing due to the housing crisis and are effectively using direct provision as a form of emergency accommodation. [35842/17]
Amharc ar fhreagraI propose to take Questions Nos. 515 and 516 together.
The Reception and Integration Agency is currently considering the options that are possible to assist residents of direct provision who have leave to remain but who are encountering difficulties in accessing accommodation. I plan to hold meetings imminently with NGOs to see what might be possible. Of course, issues relating to housing fall within the remit of the Department of Housing, Planning Community and Local Government and with each of the local authorities within the State. It is important that we would not duplicate efforts when seeking a solution to this problem.
The Irish Refugee Protection Programme (IRPP) is working with the Irish Red Cross in relation to accommodation pledges made for persons who relocate from Greece and Italy under the EU schemes. While those pledges were made specifically for the cohort of persons coming from Greece and Italy, it is hoped that a number of clients with leave to remain may be able to avail of some offers. Meetings have also been held with representatives of the churches to see how they might assist.
The Reception and Integration Agency has prepared a booklet 'Your guide to living independently' which offers guidance to all persons in State-provided accommodation centres when they are in receipt of any form of 'leave to remain'. This booklet provides practical information on State services and is also available in several languages on the website of the Reception & Integration Agency (RIA) - www.ria.gov.ie. Information sessions on these services were also provided by the Citizens Information Board in situ at centres. In addition to the publication of the booklet, a number of NGOs have been awarded monies under the EU Asylum, Migration and Integration Fund (AMIF) specifically to provide assistance to move out of State provided accommodation. At the beginning of July 2017, there were approximately 400 persons with some form of status continuing to reside in State provided accommodation.
517. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he will discuss with the Reception and Integration Agency, RIA, a protocol with providers of direct provision governing the provision of references for private sector landlords for those residents of direct provision who have secured their leave to remain and are trying to access private rented accommodation. [35843/17]
Amharc ar fhreagraIt is not possible for the Department of Justice and Equality to compel contractors to provide references for landlords. As a consequence, it is not possible for RIA to develop a protocol on the lines proposed by the Deputy. However, I plan to meet with NGOs shortly to see if there are other solutions that can be used to assist residents of direct provisions who have secured their leave to remain and are trying to access private rented accommodation.
518. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the standards in place in direct provision centres governing day-to-day conditions, including the quality of beds and furniture, quality of food, provision of study facilities for children preparing for exams and access to visitors. [35844/17]
Amharc ar fhreagraAll contracts with service providers for the provision of accommodation include the following clause:
"It shall be the responsibility of the Contractor to ensure that the premises complies and operates in accordance with all relevant statutory requirements of Local Authorities and other Agencies in relation to planning, building, bye-laws, bedroom capacity, food, food hygiene, water supply, sewage disposal, fire precautions, minimum pay, legally binding industrial or sectoral agreements and health and general safety, including:
- Building Control Acts 1990 and 2007;
- Building Regulations 1997 to 2007;
- Building Control Regulations 1997 to 2004;
- Employment Permit Acts, 2003 and 2006;
- European Communities (Drinking Water) Regulations 2000;
- European Communities (Hygiene of Foodstuffs) Regulations 2000 and 2005;
- European Communities (Official Control of Foodstuffs) Regulations 1998;
- Fire Services Acts, 1981 and 2003;
- Food Hygiene Regulations, 2000;
- Housing Acts, 1966 to 2004;
- Industrial Relations Acts 1946 to 2004;
- National Minimum Wage Act 2000;
- Planning and Development Acts 2000 to 2005;
- Private Security Services Act, 2004;
- Safety, Health & Welfare at Work Act, 2005;
- Tourist Traffic Acts, 1939 to 2003;
- Any statutory modification or re-enactment of same; and,
- Any other relevant Act or Regulations as may be notified by the Minister to the Contractor."
In addition to the legal and regulatory requirements outlined in the above contract clause, the Reception & Integration Agency (RIA) of my Department oversees its own robust system of inspections, both internal and independent, to ensure that the accommodation provided is of a suitable standard and that the terms and conditions of the contract are met at all times. All centres operate a system whereby residents can alert management when an item of furniture or other item is in need of maintenance or replacement. It is also open to the resident to use the complaints system if they believe that their complaint has not been properly dealt with. In addition, food in centres is subject to inspection by the Environmental Health Officer (EHO) at any time in respect of food storage, temperature and preparation. Access to visitors is governed by the House Rules and child protection policy considerations.
The recommendations in the Working Group Report, also referred to as the McMahon Report, in relation to standards in State provided accommodation are under examination by a sub-group comprising representatives from my Department, other State agencies and representatives from the NGO sector. The work of this group is still progressing. This is alongside other major projects, such as improved cooking and living facilities, which are being rolled out across a number of State provided accommodation centres.
519. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he will provide a list of all HIQA inspections of direct provision centres, in tabular form; details of when the inspections took place; if he will provide a copy or summary of the findings of such inspections; and if he will request a HIQA inspection of the towers direct provision centre in Clondalkin, Dublin 22. [35845/17]
Amharc ar fhreagraThe Health Information and Quality Authority (HIQA) does not inspect State provided accommodation centres for protection applicants. The Reception & Integration Agency (RIA) of my Department operates a robust inspection regime and operates a target of carrying out three inspections on all centres per year - two by RIA staff and one by an independent company with expertise in fire and food safety. The independent inspection company is currently QTS Ltd. Since 1 October 2013, it has been policy to publish all inspection reports on RIA's website www.ria.gov.ie . There are over 273 published inspections covering 35 centres currently publicly available. It is not possible to provide a summary of the findings of such a large volume of reports.
520. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he will discuss with the Ministers for Housing, Planning, Community and Local Government and Social Protection the funding arrangements for residents of direct provision centres who have secured their leave to remain but are unable to source permanent accommodation and are effectively using direct provision as a form of emergency accommodation and who are having their social welfare payments deducted at source leaving them with inadequate income and an inability to save for a deposit for rented accommodation. [35847/17]
Amharc ar fhreagraI am currently looking to see how we can enable residents of direct provision centres that have secured their leave to remain to move out of direct provision. The Department of Justice and Equality is engaging with the Department of Housing, Planning, Community and Local Government and with the Department of Social Protection in this regard.
521. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to put measures in place to stop the extreme anti-social behaviour that occurs during periods of hot weather in the Forty Foot and Sandycove beach area, where a minority of persons are ruining this amenity for the majority and causing a public safety issue; and if he will make a statement on the matter. [35861/17]
Amharc ar fhreagraI have requested an update from the Garda authorities on this matter and I will contact the Deputy directly when this update has been received.
However, I can inform the Deputy that there are a range of strong legislative provisions available to An Garda Síochána to combat anti-social behaviour, including provisions under the Criminal Justice (Public Order) Acts, the Criminal Damage Act and the Intoxicating Liquor Acts. The powers available to Gardaí support them in addressing anti-social behaviours, including the prevention of nuisance or annoyance to others and forestalling damage to property or a breach of the peace.
An Garda Síochána remains committed to tackling public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities, businesses (in particular the night time economy) and other stakeholders to help address the causes of anti-social behaviour.
Furthermore, the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. All Gardaí have a role to play in Community Policing in carrying out their duties. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network.
An Garda Síochána's Modernisation and Renewal Programme 2016-2021, published on 9 June 2016, places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.
Underpinning all of these measures is the Government's ongoing commitment 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. The Government plans 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 which is in train within An Garda Síochána. Approximately 300 appointments will also be made to the Garda Reserve.
522. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 164 of 28 February 2017, the number of vehicles seized to date; the number of those vehicles seized that were scrapped; the number of persons arrested and charged to date; if the report is available; and if he will make a statement on the matter. [35863/17]
Amharc ar fhreagraMy Department has, again, requested a report from the Garda authorities in relation to the statistics relating to Operation Sign Off requested by the Deputy and I will contact the Deputy directly upon receipt of the relevant information.
523. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 138 of 21 March 2017, the number of drivers that paid the fixed charge notice within the time limit; if that report is now available from An Garda Síochána; and if he will make a statement on the matter. [35864/17]
Amharc ar fhreagraMy Department has, again, requested the information in relation to Fixed Charge Notices (FCNs) outlined in the Deputy's current question and will provide this information directly to the Deputy once it is to hand.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
524. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 90 of 28 March 2017, the revenue generated each year through the sale of those vehicles; if that report is available; and if he will make a statement on the matter. [35865/17]
Amharc ar fhreagraI have been informed by the Garda authorities that to collate the specific information requested by the Deputy on the number of vehicles seized by the Gardaí and disposed of for each year from 2014 to date in 2017, and the amount of money raised each year from the sale of the vehicles would require An Garda Síochána to manually search and review all seizure and disposals held within each Garda Division, which would involve a disproportionate use of Garda time and resources.
525. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 124 of 9 May 2017, the number of persons who paid a fixed charge notice for driving while holding a mobile phone within the 56-day limit in each of the years 2015 to 2016, and to date in 2017; if that report is available; and if he will make a statement on the matter. [35866/17]
Amharc ar fhreagraI am advised by the Garda authorities that Section 3 of the Road Traffic Act 2006 creates the offence for a person to drive a mechanically propelled vehicle while holding a mobile phone and persons detected committing offences in contravention of this section are dealt with by way of a Fixed Charge Notice (FCN). I am further advised that the following table details the number of FCNs issued in respect of persons detected for driving while holding a mobile phone; the total number of unpaid FCNs which have been forwarded to the Courts Service for summons; additional FCN statistical breakdowns; for the period 2015, 2016 and to 30 June 2017:
Number of FCNs issued in respect of persons detected for driving while holding a mobile phone*
|
- |
2015* |
2016* |
to 30 June 2017* |
|
No. of FCNs Issued |
28,777 |
28,121 |
14,046 |
|
No. of FCNs (Penalty Points) Paid |
22,657 |
22,288 |
9,545 |
|
No. of Paid (Payment Clearing) |
0 |
0 |
58 |
|
No. of FCNs Terminated |
647 |
489 |
342 |
|
No. of FCNs sent to the Courts Service |
5,335 |
5,230 |
1,428 |
|
No. of FCNs Statute Barred |
47 |
39 |
0 |
|
No. of Manual / Company Summons |
91 |
75 |
23 |
|
No. within Active Interval |
0 |
0 |
2,357 |
|
No. Awaiting Notification (Printing) |
0 |
0 |
143 |
|
No. Awaiting National Juvenile Office Decision / Printing |
0 |
0 |
8 |
|
No. of Summons Ready |
0 |
0 |
142 |
*Statistics provided are provisional, operational and subject to change and are valid to 30 June 2017.
526. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 91 of 10 May 2017, if alcohol breath tests are still being undertaken and recorded on the PULSE system; if so, when this data will be made available; if this report is available; and if he will make a statement on the matter. [35867/17]
Amharc ar fhreagraAs per my post reply dated 27 June 2017, An Garda Síochána is still recording breath test data on the PULSE system, however this data will not be published until all investigations in respect of this issue are complete.
The internal examination being undertaken by Assistant Commissioner O'Sullivan, which commenced on 24 March 2017, remains ongoing, and I am informed by An Garda Síochána that the final report of the examination will be finalised shortly.
In addition, the Policing Authority has confirmed that a firm has been selected to undertake their examination into the matter. The Authority anticipates that the examination should commence in late July. It is anticipated that a report will be produced within 8 weeks.
527. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 37 to 39 of 11 May 2017, the number of those fixed charge notices that were paid on time annually; the number that progressed to court annually; the number of speeding fixed charge notices issued by a company (details supplied) that progressed to court annually; the number per District Court which have resulted in conviction annually; the number which have been struck out per District Court and the reason for same; the number of speeding fixed charge notices issued by the company's speed vans that progressed to conviction in court annually, by District Court; the number of persons who had their licence numbers recorded upon conviction, by District Court; if that report is available; and if he will make a statement on the matter. [35868/17]
Amharc ar fhreagraI understand from the response provided by the Tánaiste to Parliamentary Question Nos. 37 to 39 of 11 May 2017 that the Courts Service is not in a position to provide the courts data requested in the Deputy's questions, as the Courts Service systems cannot differentiate between "Speed Vans" operated by the named company and those operated by An Garda Síochána.
My Department has, again, requested the information in relation to Fixed Charge Notices (FCNs) outlined in the Deputy's current question and will provide this information directly to the Deputy once it is to hand.
528. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 86 and 87 of 17 May 2017, the number of those summonses not served in 2015 and 2016 that were reissued; further to the statement that a summons struck out not served can be reissued at the request of An Garda Síochána, the details of same; if this is normal practice; the policies in place to enable a garda to decide to have a summons reissued or not; if that report is now available; and if he will make a statement on the matter. [35869/17]
Amharc ar fhreagraMy Department has, again, 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 the relevant information.
529. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 88 of 24 May 2017 and 726 of 20 of June 2017, the number of road traffic collisions that resulted in a fatality, serious injury and injury, respectively; if that report is available; and if he will make a statement on the matter. [35870/17]
Amharc ar fhreagraMy Department has, again, requested the he number of road traffic collisions involving members of An Garda Síochána that resulted in a fatality, serious injury or injury outlined in the Deputy's current question and will provide this information directly to the Deputy once it is to hand.
530. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 91 of 24 May 2017, if details of that report can be made available; and if he will make a statement on the matter. [35871/17]
Amharc ar fhreagraI refer the Deputy to the post reply dated 30 May 2017 to the Deputy's Parliamentary Question No. 91 of 24 May 2017. As the Deputy is aware, as Minister for Justice and Equality, I have no role in relation to the issuing of 'guidance, report, directive or instruction' documents by the State Claims Agency (SCA). However, to be of assistance, my Department has issued a follow-up request to the SCA on your behalf for its attention and direct reply.
