Wednesday, 26 Jul 2017

Written Answers Nos. 531-551

Drugs Crime

Ceisteanna (531)

Thomas P. Broughan

Ceist:

531. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 877 of 20 June 2017, if the report is available; and if he will make a statement on the matter. [35872/17]

Freagraí scríofa

Minister for Justice and Equality

I refer the Deputy to my post reply dated 19 July 2017 to Parliamentary Question No. 877 of 20 June 2017. The Deputy will be aware that I have been advised by the Garda authorities that, currently, only data in respect of the number of positive preliminary drug tests performed at Mandatory Intoxicant Testing checkpoints can be provided. Furthermore, the only positive results, to date, have been recorded in the Dublin Metropolitan Region. The following Garda table (included in post reply) indicates the number of positive preliminary drug tests recorded since the introduction of testing in 2017.

Number of FCNs issued in respect of persons detected for driving while holding a mobile phone*

April 2017	3
May 2017	1
June 2017	5

*Figures are valid as of 23 June 2017 and are operational, provisional and liable to change.

Road Traffic Offences Data

Ceisteanna (532)

Thomas P. Broughan

Ceist:

532. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 887 of 20 June 2017, the number of persons convicted and charged for non-payment of fixed charge notices for this offence; the number of driver licence numbers recorded upon this conviction; the number struck out due to non-serving of summons, by each court, in each of the years 2015 and 2016, and to date in 2017; if that report is available; and if he will make a statement on the matter. [35873/17]

Freagraí scríofa

Minister for Justice and Equality

The Courts Service has provided my Department with the statistics sought by the Deputy and these statistics are set out in Tables A-C as follows. The Courts Service notes that these statistical reports are based on persons before the courts and, as such, some offences may not be fully disposed with.

Table A : Seat belt offences - Persons listed for court; Persons convicted; Number of licences recorded; Number of persons where summons was not served (January 2015 – December 2015)

Note: Report is based on persons before the courts

Note: Offence may not yet be disposed with

Court Area	No. of Persons Listed	No. of Persons Convicted	No. of Licences Recorded	No. of Persons where summonses Not Served
ARDEE	5	4	1
ARKLOW	18	5	4	3
ATHLONE	74	40	19	21
ATHY	14	9	0	5
BALLINA	17	6	1	3
BANDON	24	8	3	7
BEAL AN MHUIRTHEAD	3
BALLINASLOE	33	26	13	6
BALLAGHADERREEN	6	3	3	1
BALLYSHANNON	9	1	0	1
BANTRY	13	6	2	5
BRAY	81	26	17	23
BUNCRANA	19	5	2	11
CARLOW	51	23	13	9
CASHEL	20	6	3	9
CAVAN	35	9	0	14
CASTLEBAR	31	6	2	4
CLIFDEN	4	1	1	2
CLONMEL	27	12	7	7
CLONAKILTY	11	6	3	1
CORK CITY	253	129	38	62
CARRICK ON SHANNON	14	1	0	6
CARRICKMACROSS	5	2	2	1
CARNDONAGH	4			2
CARRICK ON SUIR	8	2	0	2
CASTLEREA	6	4	2
AN DAINGEAN	3			1
DUBLIN METROPOLITAN DISTRICT	714	177	96	211
DUNGARVAN	38	16	11	7
DONEGAL	5	1	1	3
DROGHEDA	13	5	3	7
DOIRE AN FHEICH	4	1	0	1
DUNDALK	17	5	2	6
AN CLOCHAN LIATH	3			2
ENNIS	124	50	17	32
AN FAL CARRACH	2	1	0
FERMOY	21	7	3	5
GALWAY	177	98	38	44
GORT	12	4	2	7
GOREY	53	25	14	11
KENMARE	1			1
KILLALOE	26	18	9	3
KILCOCK	17	4	1	10
KILKENNY	46	24	8	6
KILLORGLIN	3			3
KILRUSH	30	15	8	4
KILLARNEY	54	8	0	18
LETTERKENNY	28	7	4	11
LIMERICK	179	53	16	44
LISMORE	6	2	0	2
LISTOWEL	13	4	1	1
LONGFORD	47	33	22	5
LOUGHREA	34	16	7	10
MACROOM	17	7	3	4
MALLOW	66	29	15	14
MANORHAMILTON	2			2
MIDLETON	34	14	6	9
MONAGHAN	4	3	1	1
MULLINGAR	40	22	18	6
NAAS	90	47	17	21
NENAGH	19	6	2	3
NEWCASTLE WEST	114	53	11	32
NAVAN	42	9	5	17
PORTLAOISE	69	22	10	26
ROSCOMMON	35	18	12	6
SKIBBEREEN	4	1	0
SLIGO	20	7	2	5
STROKESTOWN	7	5	1	1
THURLES	15	4	2	4
TIPPERARY	7	5	0
TRALEE	64	18	7	27
TRIM	10	3	0	4
TUAM	46	22	15	9
TUBBERCURRY	6	5	2
TULLAMORE	86	44	14	20
VIRGINIA	20	9	3	3
WEXFORD	150	65	31	20
WICKLOW	30	11	9	4
WESTPORT	1
WATERFORD CITY	59	11	3	9
YOUGHAL	6	1	1	5
Total	3,518	1,355	589	912

Table B : Seat belt offences - Persons listed for court; Persons convicted; Number of licences recorded; Number of persons where summons was not served (January 2016 – December 2016)

Note: Report is based on persons before the courts

Note: Offence may not yet be disposed with

Court Area	No. of Persons Listed	No. of Persons Convicted	No. of Licences Recorded	No. of Persons where summonses Not Served
ARDEE	6	2	2
ARKLOW	12	2	2	5
ATHLONE	55	24	11	12
ATHY	3			2
BALLINA	13	2	2	4
BANDON	8	1	0	2
BEAL AN MHUIRTHEAD	1
BALLINASLOE	28	8	5	6
BALLAGHADERREEN	2	1	0	1
BALLYSHANNON	9	4	1
BANTRY	5			2
BRAY	91	23	18	19
BUNCRANA	9	2	0	4
CAHIRCIVEEN	2
CARLOW	25	10	7	5
CASHEL	28	13	8	11
CAVAN	29	7	2	13
CASTLEBAR	16	10	1
CLIFDEN	4
CLONMEL	38	12	4	10
CLONAKILTY	8	2	2	6
CORK CITY	233	112	45	69
CARRICK ON SHANNON	26	6	1	8
CARRICKMACROSS	14	7	4	3
CARNDONAGH	7	1	1	2
CARRICK ON SUIR	13	5	4	2
CASTLEREA	4			1
AN DAINGEAN	2
DUBLIN METROPOLITAN DISTRICT	636	173	100	200
DUNGARVAN	21	8	4	4
DONEGAL	5	2	2
DROGHEDA	16	7	2	5
DOIRE AN FHEICH	4	1	0	2
DUNDALK	27	12	4	5
AN CLOCHAN LIATH	6			2
ENNIS	119	39	13	39
AN FAL CARRACH	1
FERMOY	12	5	1	3
GALWAY	165	96	38	32
NA GLEANNTA	1
GORT	14	2	2	3
GOREY	66	24	10	14
KILLALOE	20	5	2	4
KILCOCK	19	8	2	8
KILKENNY	29	13	8	7
KILLORGLIN	5	1	0	1
KILRUSH	13	2	0	3
KILLARNEY	38	14	3	6
LETTERKENNY	35	12	3	12
LIMERICK	185	50	16	35
LISMORE	6	5	4	1
LISTOWEL	11	3	2	1
LONGFORD	43	17	8	16
LOUGHREA	41	14	7	11
MACROOM	9	2	0	3
MALLOW	56	29	11	12
MANORHAMILTON	2			1
MIDLETON	27	10	2	6
MEATH	23	5	2	4
MONAGHAN	2			1
MULLINGAR	28	15	9	4
NAAS	47	25	11	9
NENAGH	15	3	2	2
NEWCASTLE WEST	108	44	4	27
NAVAN	10	3	2	2
PORTLAOISE	114	45	15	43
ROSCOMMON	16	10	4	4
SKIBBEREEN	2
SLIGO	18	7	2	4
STROKESTOWN	4	1	0
THURLES	16	2	2	8
TIPPERARY	10	6	0	2
TRALEE	37	11	0	11
TRIM	3	2	1
TUAM	44	24	6	9
TUBBERCURRY	6	3	0	3
TULLAMORE	76	38	24	18
VIRGINIA	12	7	3	1
WEXFORD	141	83	39	17
WICKLOW	25	10	8	3
WESTPORT	3
WATERFORD CITY	57	9	5	6
YOUGHAL	7	2	1	3
Total	3,147	1,163	504	804

Table C : Seat belt offences - Persons listed for court; Persons convicted; Number of licences recorded; Number of persons where summons was not served (January 2017 – May 2017)

Note: Report is based on persons before the courts

Note: Offence may not yet be disposed with

Court Area	No. of Persons Listed	No. of Persons Convicted	No. of Licences Recorded	No. of Persons where summonses Not Served
ARDEE	2			1
ARKLOW	13	2	1	6
ATHLONE	26	10	6	5
ATHY	4	3	2
BALLINA	9	2	0	1
BANDON	6	1	1	1
BEAL AN MHUIRTHEAD	2	1	1	1
BALLINASLOE	12	8	5	1
BALLAGHADERREEN	1
BALLYSHANNON	3	3	1
BANTRY	3			3
BRAY	49	9	8	8
BUNCRANA	8	2	1	2
CAHIRCIVEEN	1
CARLOW	12	5	3	4
CASHEL	9	2	1	2
CAVAN	14	5	2	2
CASTLEBAR	3	1	0	1
CLIFDEN	1
CLONMEL	10	4	3	1
CLONAKILTY	8	1	0	3
CORK CITY	105	39	15	28
CARRICK ON SHANNON	5	2	1	1
CARRICKMACROSS	3	1	0
CARNDONAGH	7	4	2	1
CARRICK ON SUIR	4			2
CASTLEREA	3	1	1	1
DUBLIN METROPOLITAN DISTRICT	260	59	35	65
DUNGARVAN	3			1
DONEGAL	1
DROGHEDA	11			1
DOIRE AN FHEICH	2
DUNDALK	16	7	2	4
ENNIS	24	10	2	6
AN FAL CARRACH	1	1	0
FERMOY	5	2	0	1
GALWAY	79	44	11	14
GORT	6	3	0	1
GOREY	30	7	4	2
KILCOCK	4	3	0	1
KILKENNY	19	10	4	5
KILLORGLIN	1
KILLARNEY	14	2	0	4
LETTERKENNY	10	4	2	3
LIMERICK	120	29	9	17
LISMORE	3			2
LISTOWEL	7	1	0	2
LONGFORD	12	1	0	2
LOUGHREA	12	3	1	3
MACROOM	10	8	2	1
MALLOW	13	6	3
MANORHAMILTON	1			1
MIDLETON	10	3	2	1
MEATH	23	2	1	6
MONAGHAN	2	1	0	1
MULLINGAR	8	5	5	1
NAAS	37	9	5	6
NENAGH	8	3	3	2
NEWCASTLE WEST	69	30	1	16
PORTLAOISE	46	9	3	25
ROSCOMMON	6	4	2
SKIBBEREEN	2	1	1
SLIGO	8	2	0
STROKESTOWN	4	2	1
THURLES	15	3	1	6
TIPPERARY	4	1	0
TRALEE	28	9	3	5
TUAM	14	6	2	2
TUBBERCURRY	3	1	1	1
TULLAMORE	27	10	5	7
VIRGINIA	4
WEXFORD	59	18	11	14
WICKLOW	11	3	3	3
WESTPORT	3			1
WATERFORD CITY	62	6	2	11
Total	1,440	434	181	319

Garda Data

Ceisteanna (533)

Thomas P. Broughan

Ceist:

533. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 751 of 20 June 2017, the number of Garda that completed the CPD1 and CPD2 driving courses respectively in each of the years 2012 to 2016, and to date in 2017; if different levels of insurance are required and are in place for gardaí driving on chief's permission and those that have completed the CPD1 and CPD2 driving courses, respectively; if that report is available; and if he will make a statement on the matter. [35874/17]

Freagraí scríofa

Minister for Justice and Equality

As previously advised in reply to Parliamentary Questions Nos. 751 and 752 of 20 June 2017, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána including by arranging for the training of the members and civilian staff of An Garda Síochána and I, as Minister, have no direct role in the matter.

As stated in my previous reply, I am informed by the Commissioner that the State Claims Agency provides indemnity to all Designated State Authorities - which includes An Garda Síochána. This indemnity applies in respect of any claims for personal injury (including those to passengers, service users, the public and employees) and third party property damage associated with authorised use of Garda Vehicles on approved Garda business.

I am informed by the Commissioner that there is a five level suite of Competency Based Driving (CBD) in An Garda Síochána, with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training.

I have been advised by the Commissioner that the information sought in Parliamentary Question No. 751 of 20 June 2017 in respect the number of members of An Garda Síochána driving on Chief's permission and the number who have completed CBD1 and CBD 2 courses, is currently being collated and I will write to the Deputy when this information is to hand.

A referred reply was forwarded to the Deputy under Standing Order 42A.

Question No. 534 answered with Question No. 511.

Illegal Immigrants

Ceisteanna (535)

Fiona O'Loughlin

Ceist:

535. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the number of persons living here illegally that have applied each month in the past year for visas to remain; and if he will make a statement on the matter. [35883/17]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that where a third country national is illegally present in the State, the method by which they can apply to remain in the State is through the medium of written representations submitted in response to a notification of intention to deport, as provided for under section 3 of the Immigration Act 1999 (as amended).

Where such written representations are submitted, these representations, together with all other information and documentation on file, will be fully considered under all of the headings set out in section 3(6) of the Immigration Act 1999 (as amended), and all other applicable legislation, before a decision is taken, in each individual case, to make a Deportation Order or to grant permission to remain in the State.

The numbers of third country nationals issued with such a notification, excluding protection applicants, by month, between July, 2016 and June, 2017 is as set out in the following table:

Month	Number of section 3 notifications issued
July 2016	60
August 2016	47
Sept. 2016	56
Oct. 2016	95
Nov. 2016	175
Dec. 2016	90
Jan. 2017	24
Feb. 2017	175
March 2017	290
April 2017	294
May 2017	388
June 2017	160
Total	1,854

Immigration Status

Ceisteanna (536)

Fiona O'Loughlin

Ceist:

536. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality if he will review the case of a person (details supplied); and if he will make a statement on the matter. [35884/17]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that an application was received from the person in question on 5 May 2017. This is currently receiving attention and correspondence will issue in the coming weeks to the person concerned.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Committee of Public Accounts Investigations

Ceisteanna (537, 538, 565, 566, 567, 568, 569, 570, 571, 572)

Catherine Murphy

Ceist:

537. Deputy Catherine Murphy asked the Minister for Justice and Equality if he will provide a copy of all papers in relation to the handover of the Accounting Officer function from his Department to An Garda Síochána; and if he will make a statement on the matter. [35890/17]

Mattie McGrath

Ceist:

538. Deputy Mattie McGrath asked the Minister for Justice and Equality if his attention has been drawn to the findings of the Committee of Public Accounts with respect to financial mismanagement at Templemore Garda training college; and if he will make a statement on the matter. [35893/17]

Jim O'Callaghan

Ceist:

565. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his response to the grave concern expressed in the recent report by the Committee of Public Accounts regarding the level of his Department's oversight of An Garda Síochána; his views on whether the level of oversight was insufficient thereby allowing significant financial and governance issues to develop in the Garda college. [36166/17]

Jim O'Callaghan

Ceist:

566. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views regarding the difficulty expressed in the recent report by the Committee of Public Accounts in accepting his Department's stated lack of awareness of the financial issues at the Garda college. [36167/17]

Jim O'Callaghan

Ceist:

567. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if an immediate review will be undertaken to clarify the extent of the oversight role of his Department in relation to An Garda Síochána. [36168/17]

Jim O'Callaghan

Ceist:

568. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views regarding the assertion in the recent report by the Committee of Public Accounts that the Secretary General of his Department is no longer the Accounting Officer for An Garda Síochána; and that his Department has no oversight role in An Garda Síochána. [36169/17]

Jim O'Callaghan

Ceist:

569. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the assertion in the recent report by the Committee of Public Accounts that the inability of his Department to locate records regarding his Department’s knowledge of financial affairs in the Garda college during the period when the Secretary General of his Department was also Accounting Officer for the Garda Vote represents a departmental failure to meet basic standards of corporate governance. [36170/17]

Jim O'Callaghan

Ceist:

570. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the assertion in the recent report by the Committee of Public Accounts that the papers in relation to the handover of the Accounting Officer function from his Department to An Garda Síochána are important State papers and should have been retained and archived accordingly. [36171/17]

Jim O'Callaghan

Ceist:

571. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the opinion in the recent report by the Committee of Public Accounts that the failure of his Department to inform the internal audit function as soon as they became aware of the financial issues in the Garda college was unacceptable. [36172/17]

Jim O'Callaghan

Ceist:

572. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the assertion in the recent report by the Committee of Public Accounts that the nature of the financial issues at the Garda college provided grounds for the Garda Commissioner to make a section 41 disclosure under the 2005 Garda Síochána Act to the Minister in July 2015. [36173/17]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 537, 538, and Nos. 565 to 572, inclusive, together.

The Public Accounts Committee published a report of its examination of matters in relation to financial procedures at the Garda College, Templemore on 18 July last. It follows from the Interim Audit Report prepared by the Garda Internal Audit Section of An Garda Síochána and published by the Garda Commissioner last March. The PAC report makes a number of findings and recommendations in relation to An Garda Síochána and my Department. Those findings and recommendations will be carefully examined with a view to identifying what follow up is appropriate.

As the Deputy will be aware, the Garda authorities have publicly stated that they understand the gravity of the issues identified in the Interim Audit Report and are taking comprehensive steps to progress its recommendations as quickly as possible. A high level Steering Committee, chaired by the Garda Síochána Chief Administrative Officer, and including a representative from my Department is overseeing the implementation of the recommendations of the Interim Audit Report. That work will continue as a matter of priority with a view to completion by year end. Although I would prefer that this work could be brought to a conclusion more quickly, the reality is that unravelling the funding model put in place in the College in the late 1980s has raised complex legal issues that have taken time to resolve through engagement with the Office of the Attorney General.

The independent Policing Authority is also overseeing the implementation of the recommendations of the Interim Audit Report and is expected to submit its first report on this matter to me shortly. I have referred the PAC report to the Authority in order that it can take it into account as part of its ongoing work in this regard.

The PAC report makes a number of findings in relation to my Department and, in particular, in relation to its oversight of financial matters within An Garda Síochána. These findings will be examined to determine whether any enhancements are required to existing oversight arrangements within the parameters of the statutory framework set out in the Garda Síochána Act 2005. It is important, however, to recall that under the Act it is the Garda Commissioner who is the Accounting Officer for the Garda Vote and is in law responsible for ensuring that the appropriate controls apply to expenditure within the organisation. The Commissioner is supported in that role by a Finance Directorate headed by an Executive Director of Finance and an Internal Audit Unit. The Head of the Garda Internal Audit reports to an independent statutory Audit Committee appointed by the Policing Authority and comprising a majority of external persons. That Committee has responsibility, amongst other things, to advise the Commissioner, as the accounting officer, on governance and financial matters relating to her functions. Similar to all accounting officers, the Commissioner is responsible for the preparation of an annual Appropriation Account, which is then audited and reported on, by the Comptroller and Auditor General in his annual report each year.

In this context the finding by the Committee that my Department failed in not informing the Garda Internal Audit Unit when it became aware of issues in relation to the College in September 2015 is not clear. The Committee appears to be suggesting that my Department should, when issues of concern arise, seek to circumvent the Commissioner who has, as the Deputy will be aware, statutory responsibility for controlling and directing An Garda Síochána, and instead engage directly with her Head of Internal Audit or the Audit Committee which advises her. In any event, and as outlined in its evidence to the Committee, my Department was informed in early October 2015 by the Garda authorities that the Garda Audit Committee had been apprised of the issues at its September meeting. The Head of Internal Audit reports to the Committee and attends such meetings. In these circumstances the need to inform the Head of Internal Audit did not arise.

The fact that the Garda Commissioner is in law the Accounting Officer does not, of course, relieve my Department of its oversight role in relation to An Garda Síochána. Indeed, new structures have been put in place in recent years to strengthen oversight with the introduction of a formal governance agreement with An Garda Síochána. The Governance Framework Agreement makes provision, amongst other things, for regular governance meetings between the Secretary General of my Department and the Commissioner as well as tripartite meetings involving my Department, An Garda Síochána and the Authority. In this context, senior officials meet monthly with An Garda Síochána at a senior management level to oversee progress on strategic and resource matters. In addition, arrangements are in place for quarterly meetings involving my Department, An Garda Síochána and the Authority in the context of the Authority's statutory functions in relation to providing advice regarding Garda resources. Specifically in relation to financial matters, the Executive Director of Finance in An Garda Síochána, together with the other Heads of Finance for each Vote Body in the Justice Group, attend a monthly Financial Management Committee, chaired by the Assistant Secretary Corporate Affairs in the Department. If these arrangements can be strengthened in someway to enhance their effectiveness, while at the same time respecting the statutory framework in the 2005 Act and not trespassing on either the Commissioner's operational independence or her legal responsibilities as Accounting Officer, that will be done.

As the Deputy will also, of course, be aware the Commission on the Future of Policing is examining the totality of the oversight architecture in relation to An Garda Síochána including the Authority, the Garda Inspectorate and the Garda Síochána Ombudsman Commission and also my Department and is due to report by September 2018.

I also note the findings in relation to my Department's records. In so far as records relating to the preparations for the hand-over in July 2006 of the Accounting Officer role to the Commissioner are concerned, the Department retains its records in accordance with its obligations to do so. In an effort to assist the Committee, the Department sought to identify whether the issues relating to the College surfaced at that time. This exercise did not identify any relevant records on this specific point. In relation to the absence of records concerning the origins of the funding arrangements, including the establishment of the Sportsfield Company, an extensive trawl of several thousand Departmental records going back some 30 years did not identify any relevant records. I do not believe that one can extrapolate from this to draw any conclusions in relation to corporate governance standards in the Department today but my Department will of course continue to provide every possible assistance to the Committee.

In relation to whether the Commissioner should have informed the then Minister of the issues arising under section 41 of the 2005 Act, it remains the case that while section 41 places a requirement on the Commissioner to report certain matters to the Minister, it is ultimately a matter for the judgement of the Commissioner as to when to make reports specifically citing that section of the Act. It is not simply a question of legal judgement - it is a question of determining whether a particular set of circumstances fall within the criteria set out in the Act. The Commissioner judged in this instance that further information required to be gathered before a decision could be taken on the making of a section 41 report. I do not propose to seek to second guess her decision.

I mention these matters to provide some context to the Committee's findings and recommendations. The consideration and implementation of many of them will fall to Commissioner as Accounting Officer subject to appropriate oversight by my Department and the Policing Authority. Those directly relating to my Department will, as I have said be carefully examined to see what action is required.

Question No. 539 answered with Question No. 465.

Crime Prevention

Ceisteanna (540)

Thomas P. Broughan

Ceist:

540. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of knives seized by An Garda Síochána in the Dublin region in 2015, 2016 and to date in 2017; and if he will make a statement on the matter. [35974/17]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy is aware, a comprehensive and robust legal framework is in place with respect to knife crime including heavy penalties for breaches of the laws concerned. Under the provisions of the Criminal Justice (Miscellaneous Provisions) Act, 2009, the maximum penalty for possessing a knife in a public place without good reason or lawful authority was increased from one to five years. An Garda Síochána also have an extended power of search without warrant in relation to knives and offensive weapons.

I am informed by the Garda authorities that as of 20 July 2017 the number of knives recorded as seized in the Dublin Metropolitan Region on PULSE in 2015, 2016 and 2017 were 791, 696 and 410 respectively. These figures are provisional, operational and subject to change. I am further informed that An Garda Síochána is addressing the issue of knife crime through education and engagement with community initiatives. Community Gardaí, in particular in the DMR, have used focus groups to discuss issues surrounding knife crime and the dangers associated with same. An Garda Síochána tackle knife crime through a tiered approach, by way of a rigorous enforcement policy, education programme and awareness raising campaigns. District Detective Units also monitor vendors engaged in the sale of knives.

An Garda Síochána is currently developing a national anti-knife, awareness-raising, crime-prevention initiative, for delivery to coincide with the wintertime ‘Thor’ initiatives and Halloween which is traditionally a high knife crime period.

Anti-Social Behaviour

Ceisteanna (541)

Thomas P. Broughan

Ceist:

541. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the additional measures An Garda Síochána is taking to tackle anti-social behaviour, drug dealing, joyriding and other crimes which are reported in recent months in several districts of Dublin Bay North; and if he will make a statement on the matter. [35975/17]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts and, as Minister, I have no direct role in the matter. I am assured by the Garda Commissioner that the allocation of resources is continually monitored and reviewed taking into account all relevant factors including crime trends, demographics, and security assessments relating to the area in question so as to ensure optimal use is made of Garda human resources.

I am informed that local Garda Management in the DMR are aware of issues relating to an increase of anti-social behaviour in the locality and, in addition to routine patrols by mobile, beat and Community Policing units, have deployed additional personnel to specific areas identified as public disorder/anti-social behaviour hot-spots to alleviate this type of criminality.

There are a number of specific initiatives also in place within the Region targeting public disorder and other anti-social type behaviour including: high-visibility patrols in identified crime, public disorder and anti-social behaviour hotspots; targeting underage drinking, the consumption of alcohol in public places and anti-social behaviour under Operation Irene; and the distribution of crime prevention leaflets, thereby reassuring communities and enhancing community safety.

Under Operation ‘Hybrid’ a schedule of rolling high-visibility armed, and unarmed, checkpoints take place in strategic locations, including within the DMR North Garda Division, the purpose of which is, through pro-active policing, to disrupt Organised Crime Gangs. Since this operation commenced, in February, 2016, almost 36,000 checkpoints have been conducted during which road traffic offences have been detected, firearms have been recovered, warrants executed and the sale and supply of drugs interrupted.

I am, of course, conscious of the impact which anti-social behaviour and the types of crime referred to have on the quality of life for residents in local communities. An Garda Síochána continues to tackle 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 to help address the causes of anti-social behaviour. The Deputy will appreciate that I do not have a role in relation to Garda policing strategies in any particular local area but have brought the Deputy's specific concerns to the attention of the Garda Authorities.

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.

Prisoner Transfers

Ceisteanna (542)

Ruth Coppinger

Ceist:

542. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on re-establishing the repatriation of prisoners; his plans to bring forward legislation on same; if so, when he expects such legislation to come before the Houses of the Oireachtas; and if he will make a statement on the matter. [36014/17]

Freagraí scríofa

Minister for Justice and Equality

On 12 July, 2016, the Supreme Court dismissed the State's appeal in the case known as 'O'Farrell, McDonald, Rafferty v The Governor of Portlaoise Prison'. The case concerns an appeal taken by the State against a judgement of the High Court ordering the release of the three named prisoners who had been transferred to Ireland from the UK where they had been sentenced, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997.

The judgement is detailed and has implications for the continuance in its present form of the process operated by the Irish Prison Service for transferring prisoners from other States to Ireland. The practical effect of this judgement and whether it will necessitate legislative and/or administrative changes is being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. Pending legal clarity on these issues, applications by prisoners from other States for transfer to Ireland cannot be processed to a conclusion at present. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position. Given the complex nature of the review being undertaken, it is not possible at this stage to indicate a time frame for its conclusion.

Prisoner Transfers

Ceisteanna (543)

Ruth Coppinger

Ceist:

543. Deputy Ruth Coppinger asked the Minister for Justice and Equality the number of requests from prisoners abroad to repatriate. [36015/17]

Freagraí scríofa

Minister for Justice and Equality

I have been advised by the Irish Prison Service that there are currently 33 applications from prisoners in other jurisdictions who wish to transfer to this country to serve the remainder of their sentence, under the provisions of the Transfer of Sentenced Prisoners Acts, 1995 -1997.

The practical effect and implications of the Supreme Court judgement on 12 July, 2016 in the case known as 'O'Farrell, McDonald, Rafferty v The Governor of Portlaoise Prison judgement, are being examined by officials of the Irish Prison Service and my Department in consultation with Attorney General. I am advised by the Irish Prison Service that all applicants and officials in the appropriate sentencing states are being informed of this position.

Garda Deployment

Ceisteanna (544)

Niamh Smyth

Ceist:

544. Deputy Niamh Smyth asked the Minister for Justice and Equality his plans to address the deficit in the number of gardaí in the Cavan and Monaghan Garda division, which was recently cited by senior gardaí as 30 gardaí; and if he will make a statement on the matter. [36016/17]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who 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. Furthermore when allocations are taking place comprehensive consultation is carried out with local management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.

I have been informed that the number of Gardaí assigned to the Cavan/Monaghan Division on the 30 June 2017, the latest date for which figures are readily available, was 320 with 12 Garda Reserves and 37 Civilians. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

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. In 2017, 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.

This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 26 of whom have been assigned to the Cavan/Monaghan Division. I am also informed that a further four hundred Garda recruits are scheduled to attest later 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 Cavan/Monaghan Division in the coming years.

Question No. 545 withdrawn.

Garda Operations

Ceisteanna (546)

Thomas P. Broughan

Ceist:

546. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 64 of 29 March 2017, if the report is now available; and if he will make a statement on the matter. [36073/17]

Freagraí scríofa

Minister for Justice and Equality

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. I intend to make a more comprehensive statement following consideration of this report.

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.

Road Traffic Offences Data

Ceisteanna (547)

Thomas P. Broughan

Ceist:

547. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on the presentation by the criminal justice fixed charge processing system working group on the summons service review process on 5 July 2017; the outcomes of the review process; the changes that are to be implemented; and if he will make a statement on the matter. [36074/17]

Freagraí scríofa

Minister for Justice and Equality

Further to the Deputy's Parliamentary Questions Nos. 73 of 25 May 2017 and 266 of 4 July 2017, the Deputy is already aware that the Criminal Justice Fixed Charge Processing System (FCPS) Working Group is monitoring a Garda review of summons service and has included this Garda review in the Working Group's Work Programme, which oversees a number of priority items for implementation in the context of the FCPS.

An Garda Síochána made a brief presentation on its summons service review process to the FCPS Working Group at its meeting on 5 July 2017. With the completion of the short- and medium-term goals relating to the review, the Garda authorities are currently re-evaluating the outcomes of the review to date in order to inform the long-term goals associated with the review. An Garda Síochána highlighted the notable improvement in the rate of summons service since it commenced its review in 2014, i.e. a 12% increase in summons service rates to 69% currently.

With the introduction of the third payment option on 1 June 2017, the operation of the associated provision relating to proof of postage in the context of third payment fixed charge notice/summons documentation (Section 38 of the Road Traffic Act 2010, as amended) will be closely monitored by An Garda Síochána over the coming months and it is hoped that this statutory provision will contribute to increasing compliance levels insofar as payment of fixed charge notice amounts and acknowledgement of summonses are concerned.

Garda Forms

Ceisteanna (548)

Thomas P. Broughan

Ceist:

548. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 713 of 20 June 2017 (details supplied), if the report is now available; when the Draeger number will be included on the C(T)68 form; and if he will make a statement on the matter. [36075/17]

Freagraí scríofa

Minister for Justice and Equality

My Department has requested the information in relation to the amendments to the C(T)68 collision report form 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.

Courts Service Administration

Ceisteanna (549)

Thomas P. Broughan

Ceist:

549. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 56 of 1 June 2017, if he will report on the other high priority changes that are listed for the CCTS; if a timeframe for implementation has been agreed; and if he will make a statement on the matter. [36076/17]

Freagraí scríofa

Minister for Justice and Equality

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 advised that the necessary change to CCTS as required is in hands and it is anticipated that this will roll out in the near future.

Garda Data

Ceisteanna (550)

Thomas P. Broughan

Ceist:

550. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 888 of 20 June 2017 (details supplied), if the report from An Garda Síochána is now available; and if he will make a statement on the matter. [36077/17]

Freagraí scríofa

Minister for Justice and Equality

My Department has, again, requested the information in relation to training outlined in the Deputy's current question from An Garda Síochána and will provide this information directly to the Deputy once it is to hand.

Garda Data

Ceisteanna (551)

Thomas P. Broughan

Ceist:

551. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Question No. 794 of 20 June 2017, if the report is now available; and if he will make a statement on the matter. [36078/17]

Freagraí scríofa

Minister for Justice and Equality

My Department has, again, requested the information in relation to training in the use of Dräger 5000 drug testing devices and will provide this information directly to the Deputy once it is to hand.