Written Answers Nos. 33 - 53
33. Deputy Catherine Connolly asked the Minister for Justice and Equality the timeframe for the implementation of the outstanding recommendations of the McMahon report; and if he will make a statement on the matter. [44279/17]
Amharc ar fhreagraThe Report of the Working Group to Report to Government on Improvements to the Protection Process, including Direct Provision and Supports to Asylum Seekers, also known as the Justice McMahon report, was published in June 2015. Its recommendations have implications for a number of Government Departments and services.
My Department has since published three itemised progress reports on the implementation of its 173 recommendations; the first in June 2016, the second in February of this year and a third and final report in July of this year. All three reports are available to view on my Department's website www.justice.ie.
The final progress report shows that 133 recommendations have been reported as fully implemented and a further 36 are in progress or partially implemented. This represents a 98% full or partial implementation - the remaining few may have been superseded by policy matters in the meantime. The implementation of the recommendations is the responsibility of many Departments and Agencies and my Department collated and published their responses. We have published our final report.
I expect that those recommendations that are partially implemented will continue to be progressed by the relevant Department or agency.
34. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the blocks preventing the immediate ratification of the United Nations Convention on the Rights of Persons with Disabilities; and if he will make a statement on the matter. [44195/17]
Amharc ar fhreagraIreland signed the Convention on the Rights of Persons with Disabilities in 2007 and since then, successive Governments have emphasised Ireland’s strong commitment to proceed to ratification as quickly as possible, taking into account the need to ensure all necessary legislative and administrative requirements under the Convention are met. This Government remains committed to ratification of the Convention.
It is essential that the State is in a position to meet the obligations that it assumes under the terms of an international agreement from the moment of its entry into force for Ireland. Before the State can ratify the Convention on the Rights of Persons with Disabilities, enactment of new legislation and amendment of existing legislation is required to ensure obligations will be met upon entry into force for Ireland. Ratification of a Convention before we have amended domestic legislation that contradicts it makes no sense and does nothing to ensure compliance or to protect the people for whose benefit the Convention exists. The previous Government published a Roadmap in October 2015, which sets out the legislative measures needed to meet those requirements, along with declarations and reservations to be entered by Ireland on ratification.
Considerable progress has already been made to overcome the remaining legislative barriers to Ireland's ratification of the Convention. The Assisted Decision-Making (Capacity) Act 2015 was signed into law on 30 December 2015 and is a comprehensive reform of the law on decision-making capacity. The Criminal Law (Sexual Offences) Act 2017 has reformed Section 5 of the Criminal Law (Sexual Offences) Act 1993 to facilitate the full participation in family life of persons with intellectual disabilities and the full expression of their human rights.
The Disability (Miscellaneous Provisions) Bill 2016 was published immediately prior to Christmas and completed Second Stage in February 2017. The primary purpose of the Bill is to address the remaining legislative barriers to Ireland’s ratification of the UN Convention on the Rights of Persons with Disabilities (UNCRPD). Work is ongoing on all the other issues set out in the previous Government’s Roadmap for Ratification published in October 2015 and these will be progressed as Committee Stage amendments. The Bill will be progressed to enactment at an early date to facilitate ratification of the UN Convention as soon as possible.
The precise timing of ratification now depends on how long it will take for this Bill to progress through the enactment process and on issues in relation to commencement both of deprivation of liberty provisions, which will be included in the Bill at Committee Stage, and of the Assisted Decision Making (Capacity) Act 2015.
I would like to take this opportunity to assure the Deputy that ratification of the UNCRPD remains a very high priority for me as Minister.
35. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality the status of the redress scheme for the Magdalen survivors especially those living abroad; and if there has been progress regarding the recommendation of a person (details supplied) to discuss a memorial. [44217/17]
Amharc ar fhreagraTo date awards totalling almost €25.7 million have been paid out to 682 women under the Ex Gratia Magdalene Restorative Justice Scheme administered by my Department. 166 of these are in respect of women who are resident outside the State and I expect 4 others to receive their payments in the coming weeks, bringing this to a total of 170.
As the Deputy is aware, the women are also entitled to other benefits under the Scheme. Each woman is entitled to a top up payment to bring her weekly income from the State up to the equivalent of the Irish Contributory Pension, €235.30 if 66 or over and €100 if under that age. In addition each applicant is entitled to receive an enhanced medical card - RWRCI Card. This applies to all successful applicants irrespective of their country of residence.
In relation to the memorial garden, the priority for the Irish Government has been to complete the restorative justice compensation process so that the Magdalen women have their lump sum compensation payments, their pension entitlements, their medical cards and other entitlements before addressing other recommendations in the Quirke Report such as the memorial garden. Some preliminary work has been carried out by officials in my Department in relation to this and the matter will be progressed further in due course.
36. Deputy Clare Daly asked the Minister for Justice and Equality the initiatives he has taken or the progress made on dealing with drugs entering prisons and drug treatment in prison; and if he will make a statement on the matter. [44226/17]
Amharc ar fhreagraI am advised by my officials that the Irish Prison Service policy ‘Keeping Drugs out of Prison’ was introduced in 2006 to address many aspects of drug use in prison, including measures to reduce the use of illegal drugs in the prison setting.
In 2008, the Operational Support Group was established which received resources and investment in order to implement the key objectives of Keeping Drugs out of Prison. A key role of the Operational Support Group is to support governors in implementing Government policy, including the prevention of the smuggling of contraband (including drugs) into prisons, the detection and prevention of illegal activity within the prison Estate and intelligence-gathering. A further initiative of the Operational Support Group was to introduce a confidential telephone line which allows prisoners and members of the public to alert prison authorities to activities surrounding the smuggling of drugs into prisons and the use of them therein. This confidential telephone line has assisted prison management in thwarting many attempts to smuggle drugs into prisons.
I am further advised by the Irish Prison Service that any prisoner who enters the custody of the Irish Prison Services while presenting with addiction issues has access to addiction services, and is actively encouraged to engage with those services.
The treatments available are based on the principles of best practice, and are similar to those available in the community setting. This includes access to harm reduction methods, detoxification, stabilisation, and opiate replacement therapies. These interventions are based on a multi-professional approach to ensure that the prisoners motivation, commitment and likelihood of success are always at the centre of planned care.
The Irish Prison Service has advised that the healthcare team which delivers these treatments include, inter alia, GP Specialist Addiction services, Consultant Addiction psychiatrist, specialist addiction nurses, addiction counsellors, addiction links workers, pharmacists, primary care GP's, and prison nurses.
The Irish Prison Service also works very closely with the Probation Service, community, voluntary, and statutory agencies to maintain a pathway of care ensuring supports remain in place for prisoners on their release from custody.
All prisoners have access to group and individual counselling services where they can address their own personal requirements, and specific support arrangements can be put in place and implemented during the prisoners period in custody. The prisoner can also benefit from peer support groups, music therapy, and a 9 week psycho-social based programme similar to community residential treatment services, which assists the person in remaining drug free.
37. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the Policing Authority’s third quarterly report on progress by An Garda Síochána in implementing the recommendations of the Garda Inspectorate report Changing Policing in Ireland; and if he will make a statement on the matter. [44214/17]
Amharc ar fhreagraAs the Deputy will be aware there is an extensive programme of reform underway affecting all aspects of the administration and operation of An Garda Síochána. This follows the Government's approval in July 2016 of a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the Garda Inspectorate report 'Changing Policing in Ireland' and the commitments in the Programme for a Partnership Government aimed at increasing the visibility, effectiveness and responsiveness of An Garda Síochána.
The Policing Authority is performing an important task in overseeing this process and in supporting the Gardaí in implementing the reform agenda. Its third progress report which I published on 14 September identifies welcome progress in a number of areas including -
- Significant progress in the work of the Garda Victims' Services Offices.
- The establishment of four Protective Services Units on a pilot basis,
- The completion of the Garda Deployment Survey
- Positive progress in the development and implementation of the Divisional/functional model of policing
- Progress on ICT projects,
- The Executive Director of Strategy and Transformation has taken up his post,
- Good progress on the implementation of improved risk management.
As the report makes clear, while there has been progress significant improvements are required in respect of the pace of implementation.
I have made it clear that implementation of the ambitious reform programme must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland. To support An Garda Síochána in addressing the concerns highlighted by the Authority a structured process of engagement is in place between my Department and An Garda Síochána to identify and agree corrective actions. This engagement includes formal monthly meetings at senior official level with the Deputy Commissioner for Strategy and Governance, the Chief Administrative Officer and the newly appointed Executive Director of Strategy and Transformation of An Garda Síochána.
The Report highlights the critical importance of the Policing Authority's role in delivering the full implementation of the reform agenda. It brings a capacity to engage intensively with An Garda Síochána and maintain a sustained focus on what is actually being done and what is being achieved on the ground. Its reports reflect this rigorous approach and provide a very solid basis for engagement between my Department and An Garda Síochána in relation to the programme.
I believe the only way to deliver world class policing in Ireland is to ensure that An Garda Síochána has the resources it needs and that those resources operate in an organisation whose culture is open and responsive and where the best management systems and practices are deployed. I am confident that the reform plan that is being pursued by An Garda Síochána, supported by the Government and overseen by the Policing Authority, has the capacity to achieve this. It will not be done overnight but as I have made clear, the implementation of the ambitious reform programme must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland.
38. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality his views on pursuing an amnesty for young persons who are undocumented and have been living here since childhood and who effectively are restricted regarding employment, training and further education. [43709/17]
Amharc ar fhreagra41. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to establish a time-bound scheme with transparent criteria to regularise the position of undocumented migrants here. [44241/17]
Amharc ar fhreagraI propose to take Questions Nos. 38 and 41 together.
Successive Ministers have informed the House that there are no plans to introduce a general regularisation scheme for those who are currently illegally resident in the State. Any such proposals could give rise to any number of unpredictable and potentially very costly impacts across the full range of public and social services. In particularly, there may well be significant implications for the operation of the Common Travel Area, in the context of Britain withdrawing from the European Union. Any proposal in this regard would have to be very carefully considered.
In addition, at the European level, Ireland together with the other Member States of the European Union, has committed under the European Pact on Immigration and Asylum agreed at the European Council in October 2008 "to use only case-by-case regularisation, rather than generalised regularisation, under national law, for humanitarian or economic reasons". While the Pact is not legally binding, the political commitment remains opposed to any form of general regularisation of those illegally present in Member States. Member States commitment to this type of approach has held steadfast despite the unprecedented movement of persons through the Mediterranean towards the European Union during recent years. The Common European Asylum System continues to operate on a case by case basis and the Hot Spots in Greece and Italy operate a case management approach to the identification and registration of migrants and to establish those who are in need of international protection.
The position of Member States, then and now, is clearly against any form of process that would in any way legitimise the status of those unlawfully present without first examining the merits of their individual cases.
Ireland operates a very open immigration regime with many legal pathways open to non-EEA nationals to enter and reside in the State lawfully. The Deputy will appreciate that, in most cases, a person becomes undocumented through their own actions either by entering the state illegally in the first place or by deciding not to leave the State when they no longer have a valid immigration permission. Such persons are always free to present their case, on its own merits, to the immigration authorities and it is reasonable for the State to expect that the persons concerned would respect the final decision.
However, in the context of the Report on Immigration, Asylum and the Refugee Crisis published by the Joint Oireachtas Committee on Justice and Equality on 29 June 2017 I have asked officials from my Department to examine if any of the recommendations could be acted on further. I am happy to act upon any proposals brought forward in this context subject to the important public policy considerations and international obligations outlined above.
39. Deputy Catherine Connolly asked the Minister for Justice and Equality the strategy in place for minors who are deemed unsuitable to enter the youth diversion programme; and if he will make a statement on the matter. [44278/17]
Amharc ar fhreagraAs the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that a young person who is responsible for committing a crime shall be considered for admission to the Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders away from the criminal justice system.
It is the responsibility of the Director of the Diversion Programme to decide on whether or not a young person should be admitted to the Programme, taking into account the relevant circumstances of the case. Where an individual is deemed unsuitable for admission to the programme a prosecution may be pursued, although there may not be sufficient evidence for a prosecution in all such cases. It is very important to note that it would be entirely wrong in principle to include a young person in the Programme where the evidence is not sufficient to mount a prosecution.
The most recent figures available from An Garda Síochána in relation to the number of young people admitted to the Programme are for 2015. 7,282 young people were admitted to the Programme in that year and 1,479 were deemed unsuitable for the Programme.
The former Garda Commissioner approved, as part of the Garda Professional Standard Unit’s (GPSU) work programme for 2015, an examination of the practices and procedures in place at the Garda Youth Diversion Office (GYDO) in relation to the operation of the Garda Youth Diversion Programme.
As the Deputy may be aware, the GPSU examination identified a number of issues impacting on the effective administration of the Youth Diversion Programme. In light of these findings, An Garda Síochána has commenced a comprehensive review of all youth referrals between 2010 and 2017, and a report on the matter is being finalised for the information of the Acting Commissioner.
I am advised that the Policing Authority, which this Government established to provide oversight of policing in Ireland, is aware of the issues identified by the GPSU.
The Garda Youth Diversion Programme is an important part of Government policy in relation to tackling youth crime and I am sure the Deputy will agree that we all want to see it operating effectively.
40. Deputy Frank O'Rourke asked the Minister for Justice and Equality when the additional gardaí and resources committed to north County Kildare will be deployed with particular reference to areas that have been experiencing increasing incidences of anti-social behaviour and disturbances (details supplied); and if he will make a statement on the matter. [44137/17]
Amharc ar fhreagraAs 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.
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. The substantial increase in Garda numbers is tangible progress on achieving this Government’s vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
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 needed to deploy increasing numbers of Gardaí across every Garda Division, including the Kildare Division, in the coming years.
I am informed by the Commissioner that the Garda strength of the Kildare Division on31 August 2017, the latest date for which figures are readily available, was 343. There are also 20 Garda Reserves and 30 civilians attached to the Division. 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.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 72 of whom have been assigned to the Kildare District. In addition, another 200 trainee Garda 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.
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. An Garda Síochána seeks to provide assurance to communities affected by anti-social behaviour through high visibility policing and using proven evidence based interventions including hot-spot patrolling and targeted local and national interventions.
For the Deputy's information I have set out in the table, as provided by the Commissioner, the number of Gardaí allocated to each Garda station in the Kildare District as of 31 August 2017, the latest date for which figures are readily available.
Garda Strength Kildare by Station
|
District |
Station |
Total |
|
KILDARE |
ATHY |
28 |
|
CASTLEDERMOT |
4 |
|
|
KILDARE |
37 |
|
|
MONASTEREVIN |
5 |
|
|
NEWBRIDGE |
46 |
|
|
RATHANGAN |
3 |
|
|
KILDARE Total |
123 |
|
|
LEIXLIP |
CARBURY |
8 |
|
CELBRIDGE |
10 |
|
|
KILCOCK |
10 |
|
|
LEIXLIP |
58 |
|
|
MAYNOOTH |
12 |
|
|
LEIXLIP Total |
98 |
|
|
NAAS |
CLANE |
7 |
|
KILCULLEN |
2 |
|
|
NAAS |
111 |
|
|
ROBERTSTOWN |
2 |
|
|
NAAS Total |
122 |
|
|
KILDARE Total |
343 |
42. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his views on the recent call by the Chief Justice for reform of the civil justice system in order to allow access to justice for all citizens; and if he will make a statement on the matter. [44212/17]
Amharc ar fhreagraAs the Deputy may be aware, a Group to review the administration of civil justice in the State, chaired by the President of the High Court Mr Justice Peter Kelly, was established recently. Membership, reporting structures and the remit of the Group are in the process of being finalised and the first meeting of the Group is scheduled for 9 November 2017.
The Group is to report to me within two years, and will make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court users.
The aim of the review is to examine the current administration of civil justice in the State with a view to:
(a) Improving access to justice;
(b) Reducing the cost of litigation including costs to the State;
(c) Improving procedures and practices so as to ensure timely hearings;
(d) The removal of obsolete, unnecessary or over-complex rules of procedure;
(e) Reviewing the law of discovery;
(f) Encouraging alternative methods of dispute resolution;
(g) Reviewing the use of electronic methods of communications including e-litigation;
(h) Examining the extent to which pleadings and submissions and other court documents should be available or accessible on the internet; and
(i) Identifying steps to achieve more effective outcomes for court users with particular emphasis on vulnerable court users including children and young persons, impecunious litigants who ineligible for civil legal aid and wards of court.
The review will take into account the body of work and range of initiatives already developed such as the 2010 report of the Law Reform Commission on Consolidation and Reform of the Courts as well as the legal costs provisions of the Legal Services Regulatory Act 2015 among others.
43. Deputy Alan Kelly asked the Minister for Justice and Equality if the professional standards unit of An Garda Síochána is carrying out a review of or a report on the juvenile diversion programme; if the volume and details of cases recorded manually match those recorded in PULSE; if so, when his attention was drawn to this; and if he will make a statement on the matter. [44294/17]
Amharc ar fhreagraAs the Deputy will be aware the statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The Act essentially provides that a young person who is responsible for committing a crime shall be considered for admission to the Programme. The Diversion Programme has been very successful in its primary purpose of diverting young offenders away from the criminal justice system.
Where an individual is deemed unsuitable for admission to the programme a prosecution may be pursued, although there may not be sufficient evidence for a prosecution in all such cases. It is very important to note that it would be entirely wrong in principle to include a young person in the Programme where the evidence is not sufficient to mount a prosecution.
The most recent figures available from An Garda Síochána in relation to the number of young people admitted to the Programme are for 2015. 7,282 young people were admitted to the Programme in that year and 1,479 were deemed unsuitable for the Programme.
The former Garda Commissioner initiated, as part of the Garda Professional Standard Unit’s (GPSU) work programme for 2015, an examination of the practices and procedures in place at the Garda Youth Diversion Office (GYDO) in relation to the operation of the Garda Youth Diversion Programme.
Earlier this year, the GPSU examination identified a number of issues impacting on the effective administration of the Youth Diversion Programme including:
- Some Pulse incident Youth Referral records not being updated in a timely manner thereby preventing the GYDO from processing these cases.
- Youth Referral cases not being assigned to a Juvenile Liaison Officer Garda in accordance with policy.
- A lack of follow through to prosecution in cases where young persons were deemed unsuitable for inclusion in the Diversion Programme.
Given the GPSU's findings, An Garda Síochána has commenced a comprehensive review of all youth referrals between 2010 and 2017, and a report on the matter is being prepared for the information of the Commissioner. The Deputy will appreciate that, in these circumstances, I do not have details of any examination of relevant PULSE records.
I am advised that the Policing Authority, which oversees An Garda Siochana, is aware of the issues identified by the GPSU.
The Garda Youth Diversion Programme is an important part of Government policy in relation to tackling youth crime and I am sure the Deputy will agree that we all want to see it operating effectively.
45. Deputy Ruth Coppinger asked the Minister for Justice and Equality his views on whether the European travel information and authorisation system is having a negative effect on civil liberties and on the ability of non-EU nationals to visit Europe; and if he will make a statement on the matter. [44220/17]
Amharc ar fhreagraA proposal to establish a European Travel Information and Authorisation System (ETIAS) with similar objectives to the US 'ESTA' system was put forward by the European Commission on 16 November 2016.
The proposal builds upon the measures in the Schengen acquis that concern the crossing of borders and in which Ireland and the UK do not participate. Therefore, Ireland (along with the UK) is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.
ETIAS is one of several measures being implemented by the EU to modernise border controls, enhance public security and facilitate legitimate travel within a Europe without internal frontiers.
Currently, there is no advance information as regards visa-exempt visitors coming to the Schengen external border. The number of visa exempt travellers to the Schengen countries will continue to grow, with an expected increase to 39 million by 2020. ETIAS is seen as necessary to strengthen the EU's capability to assess the potential migration and security risk represented by the increasing numbers of visa-exempt travellers.
ETIAS will be an automated ICT system created to identify any risks associated with a visa-exempt visitor travelling to the Schengen Area. All visa-exempt third-country nationals who plan to travel to the Schengen area will be required to apply for travel authorisation through the system prior to their trip. The information gathered via the system will allow for early checks against relevant databases, before travellers arrive at the external border.
The presence of a valid travel authorisation will give the border official a reliable indication that the person in front of them is likely to be a bona fide traveller. The process will be simple, inexpensive, fast and does not require a visit to a consulate. It will give travellers an early indication of their admissibility into the Schengen area.
The ETIAS proposal has regard to the issues of fundamental rights and contains appropriate safeguards in relation to the protection and sharing of personal data. Article 12 of the Regulation relates to non-discrimination and requires that processing of personal data within the ETIAS shall be non-discriminatory, notably on the grounds of sex, race, or ethnic origin, religion or belief, disability, age or sexual orientation. The system’s operation is required to fully respect human dignity and integrity.
Notably, a decision to refuse entry will not be taken by the ETIAS system, but by a national border officer, following a review of the information submitted and relevant systems and databases. If necessary, additional information may be sought from the applicant.
The EU Agency for Fundamental Rights (FRA) has been consulted on the proposal. FRA delivered an opinion to the European Parliament on 3 July 2017 in relation to strengthening the protection of fundamental rights as affected by the Regulation. This opinion will be considered during ongoing discussions on the proposed legislation.
46. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality his plans to mark the United Nations' International Day of Persons with Disabilities on 3 December 2017; and if he will make a statement on the matter. [44196/17]
Amharc ar fhreagraI wholeheartedly support the aims of the International Day of Persons with Disabilities and will use the day in December to raise awareness of the needs of persons with disabilities. I would encourage groups operating in the Disability Sector to highlight and support the occasion. This year, the theme of the day is “Transformation towards sustainable and resilient society for all” and in this context I have progressed a range of initiatives.
In July of this year, I launched the new National Disability Inclusion Strategy 2017 – 2021. This is an all of Government Strategy which is aimed at significantly improving the lives of people with disabilities in a practical sense, and also in creating the best possible opportunities for people with disabilities to fulfil their potential. I think it is a valuable step forward in the lives of people with disabilities in Ireland. It contains 114 actions, which have been developed to have the maximum beneficial impact for people who have disabilities. A significant number of these actions have the capacity to significantly impact on the way in which services support people with disabilities, and will, when fully implemented, have the potential to transform people’s lives. One of these key actions is the examination of the recommendations of the report of the Personalised Budgets Task Force. The Task Force will report to me before the end of the year.
The National Disability Inclusion Strategy also contains significant commitments to support the Deaf Community. These include extension of the Irish Sign Language remote interpretation service and the resourcing of interpreters and the establishment of a quality-assurance and registration scheme for interpreters, for which I have, as already announced, secured funding via the Department of Employment Affairs and Social Protection. I was delighted to support the passage of the Recognition of Irish Sign Language Bill 2016 through Report Stage in the Seanad on 17 October. The Bill contains provisions relating to the obligations of public bodies in relation to Irish Sign Language, and the education of deaf children. I have also secured funding in principle for a scheme to provide interpretation for users of ISL for social and cultural services, the details of which are being worked out at present. It is anticipated that the Bill will be enacted and signed into law by the President before the end of the year.
Other significant developments since my appointment as Minister for Disability seventeen months ago include:
- Launch of the Make Work Pay Report (April 2017); many of the recommendations in the report are already being implemented.
- Provision of medical cards for nearly 10,000 children in receipt of Domiciliary Care Allowance.
- Increase of 4.4% in funding for Disability Services in Budget 2018, bringing the annual total to €1,763,000,000
In addition to the National Disability Inclusion Strategy, there is also a ten year Comprehensive Employment Strategy in place, the entire focus of which is to ensure that people with disabilities, who are able to, and want to, work are supported and enabled to do so. The key purpose of the Strategy is to ensure that there is a concerted, cross-government effort to address the barriers and challenges that impact on employment of people with disabilities. As part of this effort, we will increase the public sector employment target of persons with disabilities from 3% to 6%. An implementation group comprising relevant government departments and stakeholders meets regularly, to ensure that the commitments outlined in the Strategy are being progressed. The Strategy is coordinated by the Department of Justice and Equality.
One of the intentions of the United Nations International Disability Day is to increase awareness of disability issues. The National Disability Authority in cooperation with the Department of Justice and Equality operates an annual Disability Awareness Grant Scheme. The objective of the scheme is to support the promotion of positive attitudes towards persons with disabilities which has been one of my main focuses of attention since being appointed Minister. The 2017 scheme supports a Primary Schools Art Competition, the aim of which is to develop children’s understanding of disabilities and to help them celebrate the aspects that make them and their classmates unique. Furthermore, in 2017 grants were awarded to six organisations that will be implementing awareness raising projects in community, sporting and social activities.
47. Deputy Mick Wallace asked the Minister for Justice and Equality his plans to amend both the Criminal Justice (Surveillance) Act 2009 and the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 to comply with European Union law with regard to data protection, further to Mr. Justice John L. Murray’s review of the law on retention of and access to communications data report; and if he will make a statement on the matter. [44277/17]
Amharc ar fhreagraIn July 2016 the Government approved proposals to draft a Bill making amendments to the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993 and the Criminal Justice (Surveillance) Act 2009 in order to modernise in certain respects the legal framework for the lawful interception of communications and electronic surveillance.
Work is ongoing in my Department, in consultation with the Attorney General's Office and the Office of the Parliamentary Counsel, to bring forward proposals in this regard. This process also involves consultation with relevant industry and other interests.
As the Deputy will appreciate, in the development of any legislation, account must be taken of the evolution of the legal environment generally including, of course, any relevant developments in EU and other international law to which Ireland must have reference.
It should be emphasised, of course, that Judge Murray's review was concerned with the law on access to retained communications data, that is to say, subscriber, traffic and location data. None of this data refers to the content of communications.
48. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of reserved judgments currently outstanding in the High Court over three months, one year and two years; and if he will make a statement on the matter. [44245/17]
Amharc ar fhreagraAs the Deputy may be 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. Furthermore, the scheduling of court cases and the allocation of court business is a matter for the President of the High Court and the presiding judge who are, under the Constitution, independent in the exercise of their judicial functions.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that there are 92 judgments outstanding for more than 3 months in the High Court. Of that figure, 10 are outstanding for more than 1 year and a further 3 are outstanding for more than 2 years.
As the Deputy will appreciate it is preferable, for the purposes of legal certainty, to have judgments delivered as quickly as possible. The Courts Service has advised, however, that the time taken to deliver a judgment from the date it is reserved varies from case to case and may depend on a number of factors including the complexity or duration of the case, the workload of an individual judge or the matter may be awaiting a determination from another court such as the Court of Appeal, the Supreme Court or the European Court of Justice. Pursuant to the Courts and Court Officers Act 2002, as amended, cases in respect of which a judgment has been reserved are listed every two months after the date on which judgment was reserved.
As the Deputy may also be aware, a Group to review the administration of civil justice in the State, chaired by the President of the High Court Mr. Justice Peter Kelly, was established recently. Membership, reporting structures and the remit of the Group are in the process of being finalised and the first meeting of the Group is scheduled for 9 November 2017.
The Group is to report to me within two years, and will make recommendations for changes with a view to improving access to civil justice in the State, promoting early resolution of disputes, reducing the cost of litigation, creating a more responsive and proportionate system and ensuring better outcomes for court users.
49. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which extra Garda personnel are likely to be deployed throughout the country in accordance with demographic requirements and crime levels; the extent to which deployment is likely to take place in the next 12 months to address the most serious identifiable shortages throughout the regions; and if he will make a statement on the matter. [44219/17]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the distribution of resources among the various Garda Divisions and Districts, and I as Minister, I have no direct role in the matter.
I am assured by the Garda Commissioner that 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. 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 Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division as appropriate.
I can say, however, that 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. The substantial increase in Garda numbers is tangible progress on achieving this Government's vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.
I am further informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,400 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. In addition, another 200 trainee Garda 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 needed to deploy increasing numbers of Gardaí across every Garda Division, in the coming years.
50. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the manner in which the Garda Commissioner will be replaced; and when the vacancy will be filled. [44242/17]
Amharc ar fhreagraAs the Deputy is aware the Policing Authority under section 9 of the Garda Síochána Act 2005, as amended, has responsibility for nominating persons for appointment by the Government to the post of Garda Commissioner.
This will be the first time that the new legislative process is utilised and I have consulted with the Chair of the Authority about a process to identify and appoint a permanent Commissioner to An Garda Síochána. We are agreed that it is crucial that a deliberate and considered recruitment process takes place so that the best possible candidate is appointed following a selection process. We are also agreed that an overly long delay in the appointment of a new Commissioner would not be optimal for the organisation in terms of performance and morale.
I am pleased to say that the Authority has commenced the groundwork for the recruitment process in advance of the formal triggering of the statutory process by Government. I see this process taking a number of weeks during which the Authority will engage with my Department and with the Public Appointments Service which will undertake the competition on behalf of the Authority. Importantly, it will also allow the Authority to explore with the Commission on the Future of Policing in Ireland how it sees the future role and responsibilities of the new Commissioner. As the Deputy is aware the Commission is undertaking a comprehensive review of all aspects of policing in the State and has considerable experience and expertise. I very much welcome the willingness of the Commission to share its perspective with the Authority in advance of completing its work in September 2018. This will assist in ensuring that potential candidates have as much information as possible in relation to the future direction of policing in the State.
Subject to the progress that the Authority makes over the coming weeks I would expect that the Government will be in a position to formally approve the Authority to invite the Public Appointments Service to conduct the selection process in early December. Once the process is triggered I would anticipate that it will take between four to six months to identify and appoint a successful candidate.
51. Deputy Aindrias Moynihan asked the Minister for Justice and Equality if the planned new Garda station for Macroom is advancing; the milestones that have been achieved over the past year; when a new station will be available; and if he will make a statement on the matter. [44191/17]
Amharc ar fhreagraAs the Deputy will appreciate, the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in relation to these matters.
The Garda Station Building and Refurbishment Programme 2016-2021, which is an ambitious 5 year Programme that will benefit over thirty locations around the country, provides for over €60million of Exchequer funding as part of Government’s Capital Plan 2016–2021 as well as a major Public Private Partnership project which will include the construction of a new Garda station in Macroom as well as in Sligo and Clonmel.
I have been informed by the Garda authorities that the OPW has acquired a site for the development of the new Garda station at Macroom and is progressing the acquisition of sites for the proposed Sligo and Clonmel stations.
52. Deputy Jack Chambers asked the Minister for Justice and Equality the reason his Department will not award pensions to 19 of 20 gardaí who left the force before 1 October 1976 having served the required five years service or more; the way in which there appears to be an exception for one garda; and if he will make a statement on the matter. [44135/17]
Amharc ar fhreagraThis matter has been considered on a number of occasions in both Houses. The background to it is that prior to 1 October 1976, where a member of An Garda Síochána resigned or was dismissed before reaching the age and service at which he could retire on pension, that member forfeited all superannuation benefits under the then Garda Síochána Superannuation Scheme. This situation was changed following discussions at the Garda Conciliation Council, the industrial relations machinery for members of An Garda Síochána. It was agreed at that time by both sides, the official side and the Garda representative associations and endorsed by the then Minister for Finance, that the new arrangements should apply to members of An Garda Síochána serving on, or after, 1 October 1976. By extension, these new terms did not and cannot apply to members who had left An Garda Síochána prior to that date. Generally speaking, these Agreed Reports provide that a Garda who resigned or was dismissed on or after 1 October 1976 can have superannuation benefits accrued to the date of resignation or dismissal, preserved until the member reached 60 years of age.
The then Department of Finance, and now Department of Public Expenditure and Reform (DPER), which continues to have overall responsibility for public service pension matters, agreed with the proposals for a cut-off date for eligibility for preserved benefits. This date varies depending on the particular organisation involved and the conclusion of negotiations between management and the relevant staff interests.
I must stress that this was an agreed date between all of the parties involved in the discussions and was not imposed. It is an inevitable consequence of the introduction of improvements in pension schemes that members of that scheme who had left it prior to the effective date cannot avail of that benefit.
As previously advised my Department has consulted the Department of Public Expenditure and Reform and has been advised that the position remains that it is not possible to resolve a case individually on an administrative basis and provide an individual with preserved benefits without changing the terms of the scheme retrospectively. Such amendment would, in equity, have to cover all public servants who resigned prior to the effective date applicable to their schemes. That Department has further stated that changing the various schemes to change the cut-off date is not a practicable proposition. There are no proposals to backdate the existing dates for the introduction of the preservation of superannuation benefits.
I am informed that the apparent exception referred to by the Deputy is a Garda who retired with full service prior to 1976 in the ordinary manner. The question of the treatment of that person creating a precedent does not apply.
53. Deputy Shane Cassells asked the Minister for Justice and Equality his plans to streamline Garda resources in the south County Meath area in which county boundaries and divisional boundaries are hindering efficient and effective policing in the area; and if he will make a statement on the matter. [44272/17]
Amharc ar fhreagraAs 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 can say however that 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. The substantial increase in Garda numbers is tangible progress on achieving this Government's vision of an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
I am pleased to say that Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.
As the Deputy will be aware there is an extensive programme of reform underway affecting all aspects of the administration and operation of An Garda Síochána. This follows the Government's approval in July 2016 of a Five Year Reform and High Level Workforce Plan for An Garda Síochána which combines the Government’s response to the Garda Inspectorate report 'Changing Policing in Ireland' and the commitments in the Programme for a Partnership Government aimed at increasing the visibility, effectiveness and responsiveness of An Garda Síochána.
The key structural change under the Five Year Reform and High-level Workforce Plan is the replacement of the current District model of policing with a Divisional model where responsibilities will be allocated on a functional rather than geographical basis, subject to modifications to ensure the close relationship with communities is maintained in both urban and rural areas.
The Divisional model is being rolled out on a phased basis starting with a pilot programme. The four Divisions of DMR South Central, Cork City, Galway and Mayo have been selected for the pilot in order to provide a mix of urban and rural policing environments. This new model will support the more flexible and effective deployment of Garda resources.
The Policing Authority’s latest progress report on the reform programme indicates positive progress has been made in the development and implementation of the Divisional/functional model of policing and it is continuing to monitor progress in relation to the pilots, in particular any learnings which could be applied in advance of the national rollout. The Authority has also indicated that it would like to see this project progressed more rapidly.
I believe the only way to deliver world class policing in Ireland is to ensure that An Garda Síochána has the resources it needs and that those resources operate in an organisation whose culture is open and responsive and where the best management systems and practices are deployed. I am confident that the reform plan, including the development of a functional model of policing that is being pursued by An Garda Siochána, supported by the Government and overseen by the Policing Authority, has the capacity to achieve this. It will not be done overnight but as I have made clear, the implementation of the ambitious reform programme, including the implementation of the Divisional model, must continue and, indeed, must move at a greater pace, to ensure the best possible policing services to the people of Ireland.
