Written Answers Nos. 114-133
114. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which delays in gaining access to the courts have been alleviated in the past five years; and if he will make a statement on the matter. [44475/17]
Amharc ar fhreagraAs the Deputy will 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 Presidents of the Courts and the presiding judges 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 the position regarding the waiting times for the various courts for 2012 to 2016, as provided in the Courts Service Annual Reports, is as follows:
Supreme Court
Under the direction of the then Chief Justice, by the end of 2016 the Supreme Court had almost entirely disposed of its retained legacy appeals. At its peak the total backlog amounted to almost 3,000 appeals with consequential waiting times up to four and a half years in some cases. The current position in relation to the new jurisdiction of the Supreme Court is set out as follows:
- average waiting time for applications for leave to appeal from filing of complete documentation to determination - 6 weeks, and
- average waiting time for appeals from determination of leave application to appeal hearing - 50 weeks.
Court of Appeal
Following the establishment of the Court of Appeal on 28 October 2014 the waiting times for appeals has reduced significantly and the waiting times at June 2017 were as follows:
(a) Civil Appeals
- fast tracked short appeals (requiring less that 2 hours) - 12 months subject to the case being included in the "short cases" list and with the possibility of an earlier date, and
- other appeals (requiring more than 2 hours) - the waiting time for these appeals is 18 months.
Urgent appeals such as Hague Convention/child abduction and refugee asylum cases continue to be accommodated having regard to the degree of urgency demonstrated. Also civil appeals which have a custody and/or criminal element are now case-managed in the Criminal Courts of Justice by the panel of 4 judges assigned to deal with the criminal appeal list thus ensuring the degree of priority necessary for hearing of such appeals. As a result waiting times for these cases are as follows:
- Article 40/ habeas corpus appeals and bail appeals are usually heard in one month or less,
- European Arrest Warrant cases and Judicial Review cases are heard within the current legal term provided the necessary papers are in order.
(b) Criminal Appeals
Criminal Appeals have a waiting time of 6 months. This is significantly better than the 18 month waiting time in the Court of Criminal Appeal prior to the establishment of the Court of Appeal. Hearing dates can now be allocated during the subsequent legal term to the majority of cases included in the List to Fix Dates (held once a term). An occasional case which requires a full day or in excess of a day, or a case where for various reasons a date during a specific week/month is requested by the parties and which the court simply cannot accommodate due to the availability of court time, will be allocated a date during the subsequent term.
Criminal appeals (and civil appeals for hearing in the Criminal Courts of Justice) are actively managed on a weekly basis by the Judge assigned to management of the criminal lists to ensure cases are dealt with as efficiently as possible and delays in moving cases to the List to Fix Dates due to procedural issues arising are kept to a minimum. Applications for priority may be made at the weekly management list.
Special Criminal Court
The waiting time for a hearing date in the Special Criminal Courts is now 12 months following the establishment of the Second Special Criminal Court on 6 May 2016. This compares with up to 24 months prior to the establishment of the Second Special Criminal Court.
High Court
An analysis of waiting times for the High Court shows a reduction in waiting times generally across all court lists and venues over the past five years. For example, waiting times for personal injury actions in Cork have reduced from 24 months to 14 months; in Dublin from 8 months to 5 weeks; in Dundalk from 9 months to 7 months; in Galway from 10 months to 2 months; in Limerick from 18 months to 6 months, and in Sligo from 6 months to 5 months. In Kilkenny waiting times have been maintained at 7 months. Waiting times for Asylum pre-leave actions have reduced from 30 months to 7 months and this is now being reduced further due to case management measures.
The only High Court Actions list showing increased waiting times over this period are non-jury actions, including Circuit Court appeals have extended from 6 months to 9 months.
Central Criminal Court
The current waiting time in the Central Criminal Court is 12 Months. Prior to securing a fifth Judge in October 2015, the waiting times had extended to 18 months.
Circuit Court and District Court
Circuit and District Courts are courts of local jurisdiction and waiting times vary from venue to venue based on the number, complexity and scheduling of cases. The data provided in the Courts Service Annual Reports indicates that waiting times are being maintained or reduced across most venues and the categories of cases.
The Courts Service has also informed me that the Presidents of the various courts work together with the Courts Service to achieve improvements in waiting times and continue to arrange additional sittings where possible within the resources available to them to deal with any delays in the hearing of cases and to target judicial resources at the areas of greatest need.
The Courts Service has advised that delays in the hearing of cases can occur for a number of reasons, many of which are outside the control of the Courts and the Courts Service, for example, the unavailability of a witness or vital evidence, delays in the furnishing of reports or because the parties and/or legal practitioners are not ready to proceed on allocated dates. This gives rise to adjournments which can have a major impact on the time taken to complete the hearing of a case and on the number of cases which can be disposed of in a court sitting.
As 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.
115. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which recidivism has been dealt with in the past five years; the degree to which the number of repeat offenders have appeared before the courts; and if he will make a statement on the matter. [44476/17]
Amharc ar fhreagraIt is a priority of the Department of Justice and Equality to reduce crime, and specifically reoffending by those previously convicted. The latest and most accurate set of data in relation recidivism (re-offending) rates for offenders who were given a custodial sentence or community sanction is contained in the fourth set of recidivism studies published by the Central Statistics Office (CSO) in December 2016. This and the previous three studies have allowed the Irish Prison Service and the Probation Service access to comprehensive data in relation to the rate of recidivism among ex-prisoner. These studies are on the website www.cso.ie.
The 2016 study reports on:
- Prison Recidivism which is a detailed study on those who were released from a custodial prison sentence in 2010 and whether they were subsequently convicted of a further offence up to the end of 2013 and
- Probation Recidivism which is a detailed study of recidivism among offenders placed under Probation Service supervision in 2010.
The Prison Recidivism Study’s findings indicate that the recidivism or re-offending rate was 45.1% for the particular cohort of offenders released in 2010. When compared with the equivalent cohort from the 2009 study there is a fall in recidivism of 2.4%. This follows the 3.5% decrease that was seen for the 2009 cohort from the previous report.
The Probation Recidivism Study demonstrates that overall almost 63% of offenders did not re-offend within a 3-year period of being placed under the supervision of the Probation Service. It further showed that 66.1% of offenders on Community Service Orders did not re-offend within a 3-year period
My Department recognises that, in order to protect the public and reduce victimisation in Irish society, a joined-up approach to the management of offenders is essential. In this respect, the first Joint Strategy on Offender Management agreed between my Department, An Garda Síochána, the Probation Service and the Irish Prison Service has been operating since September 2016.
An example of this coordinated response is the Joint Agency Response to Crime (J-ARC) involving the four bodies cited above. It is a strategic response to the management of prioritised prolific offenders. Its objectives are to target the 25% of recidivists who are responsible for 75% of crime; to manage nominated prolific offenders in order to reduce crime and; enhance public safety by strengthening the co-ordination and integration of policy, practice and research.
A number of joint agency operational initiatives have been established under J-ARC on a pilot basis. In 2017, J-ARC was extended to manage and address the criminal behaviour of nominated young people aged 16 to 21 years old which resulted in the inclusion of the Departments of Health; Children & Youth Affairs; and Education & Skills, as well as Tusla.
A further development in this area is the Youth Joint Agency Response to Crime Initiative (Y J-ARC) launched in 2017. This targets young people aged 16 to 21 years who are the most prolific in their offending. It provides an operational approach for co-ordinated and enhanced levels of co-operation between the Probation Service, An Garda Síochána, Irish Prison Service, Irish Youth Justice Service (Oberstown campus), Tusla and the Department of Education and Skills. It places the young person at the centre of the process and identifies his/her needs, strengths and risk; and provides an interagency co-operation and a co-ordinated response in addressing those needs and risks.
Another example of the response to repeat offending is the Criminal Justice (Burglary of Dwellings) Act 2015. This Act targets repeat burglary offenders through new measures relating to bail and the imposition of consecutive sentencing for repeat offending and aims improve the safety of our communities. It is encouraging to note that the CSO official recorded crime statistics for the twelve months of 2016 show a 30% decrease in burglary when compared to 2015.
Overall, our justice agencies are committed to working together to reduce the level of harm and disruption in communities caused by prolific offenders and to reduce the level of crime committed by the individuals concerned. Working in collaboration with other statutory bodies and with community and voluntary partners I have every confidence they will achieve an effective outcome.
116. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of offences committed by prisoners while on bail in each of the past three years; if this has fluctuated on an annual basis; and if he will make a statement on the matter. [44477/17]
Amharc ar fhreagraThe Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose. I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.
As the Deputy will be aware, a decision to grant bail in a particular case is a matter for the presiding Judge, who is, subject only to the Constitution and the law, independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the grant of bail as, under Irish Law, a person is presumed innocent until proven guilty.
The Criminal Justice Act 2017 (changed from the Bail (Amendment) Bill 2016), which was enacted in June of this year, strengthens the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.
Under the Act, the Court will be required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the grant of bail to a person charged with an offence, that carries a penalty of 10 years’ imprisonment or more. The Court will also have the power, in certain cases, to hear evidence from the victim of an offence before a decision on bail is taken.
Where an accused person is granted bail, the Act will provide for stricter bail terms for repeat serious offenders, strengthen Garda powers to deal with breaches of bail, increase the use of curfews, and introduce electronic tagging for those on bail in certain circumstances where requested by Gardaí.
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he expects reorganisation of An Garda Síochána to take place, with particular reference to the need to ensure respect for the force; and if he will make a statement on the matter. [44478/17]
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 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 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 is overseeing the implementation of the reform programme and reporting on a quarterly basis. It latest progress report - its third which is available on my Department's website - indicated 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.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which Garda training and upgrading of facilities such as information technology and other forms of technology continue to be made available to An Garda Síochána with particular reference to the need to be on par with the best forces throughout the globe; and if he will make a statement on the matter. [44479/17]
Amharc ar fhreagraAs the Deputy will appreciate, 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 its members and civilian staff and I, as Minister, have no direct role in the matter.
The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure over the period 2016 to 2021. This major investment will allow An Garda Síochána to deploy the latest cutting edge technologies in the fight against crime and will facilitate progress on important reforms arising from the Garda Inspectorate's report on Crime Investigation.
Training is a fundamental aspect in the implementation of these ICT projects and the Garda Commissioner will be making the appropriate arrangements for members to receive the necessary training.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his plans to upgrade facilities at various Garda stations throughout the country; and if he will make a statement on the matter. [44480/17]
Amharc ar fhreagraThe Deputy will appreciate that 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 responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.
As the Deputy will be aware, the Garda Building and Refurbishment Programme 2016-2021, which is an ambitious 5 year Programme based on agreed Garda priorities continues to benefit over thirty locations around the country. The Programme to includes over €60million of Exchequer funding as well as a major Public Private Partnership project.
The Programme will provide new stations and modernise older stations at key locations around the country, ensuring safe, modern working environment for members and staff of An Garda Síochána as well as fit-for-purpose facilities for visitors, victims and suspects.
The programme includes a number of elements which reflect a number of strategic priorities for An Garda Síochána, including:
- a Public Private Partnership (PPP) project to deliver new Garda stations in Sligo, Clonmel, and Macroom;
- major refurbishment of stations/facilities including facilities for meeting victims of crime;
- essential remedial works to existing stations;
- development of large scale Property and Exhibit Management Stores;
- upgrade of cells and provision of improved Custody Management Facilities.
In addition to the Garda Station Building and Refurbishment Programme, over €100 million has been provided for new Divisional Headquarters in Kevin Street, Dublin and Wexford, as well as for a new Regional Headquarters in Galway. Each of these projects is underway, with the Wexford Divisional HQ handed over to An Garda Síochána for occupation and use on 15 September 2017. I understand that the other projects will be completed by Q1 2018.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which progress continues in respect of the various cold cases; and if he will make a statement on the matter. [44481/17]
Amharc ar fhreagraI am informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
At the conclusion of each review by the SCRT, a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
The Deputy will appreciate that all Garda activities, including the investigation of unsolved cases, will benefit from the very significant investments which have been made in policing resources - all of which will support enhanced investigation and detection of crime, and benefit ongoing investigations.
121. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of persons reported as missing over the past four years; the number located; the number whose whereabouts are still not known; and if he will make a statement on the matter. [44482/17]
Amharc ar fhreagraI am advised by the Garda authorities that the table shows the number of missing person incidents recorded on the Garda PULSE system each year and the number of those persons recorded as missing at the end of each year, for the years 2013, 2014, 2015, 2016 and to 4 October 2017. These figures are provisional, operational and liable to change and are correct as of 4 October 2017.
I am further advised that all incidents remain under investigation where the person reported missing has not been located and such cases are reviewed on a regular basis.
The Deputy's question is timely as, on 6 December 2017, I will be hosting a ceremony at Farmleigh House to mark Ireland's national Missing Persons Day.
The objective of Missing Persons Day is to commemorate all those who have gone missing and recognise the lasting trauma for their families and friends. Missing Persons Day also draws attention to open or unsolved missing persons cases, and creates an opportunity to provide information on available support services. Missing Persons Day is an annual day of commemoration and takes place on the first Wednesday in December each year.
This year's ceremony will mark the fifth year for Ireland's national Missing Persons Day. The ceremony will be attended by families and friends of missing persons, as well as a number of organisations working in the community on their behalf. An Garda Síochána will also be in attendance at the ceremony, notably the Missing Persons Bureau and many Family Liaison Officers.
Further information on National Missing Persons Day is available by emailing missingpersonsday@justice.ie .
Number of missing person incidents recorded on An Garda Síochána's PULSE system each year and the number of those persons recorded as missing at the end of each year, for the years 2013, 2014, 2015, 2016 and to 4 October 2017
|
Year |
Missing Person Reports |
Outstanding Missing Persons |
|
2017 (4/10/2017) |
7,350 |
61* |
|
2016 |
9,819 |
19 |
|
2015 |
9,969 |
31 |
|
2014 |
9,179 |
9 |
|
2013 |
7,753 |
9 |
* The figure of 61 outstanding missing persons to 4 October 2017 appears disproportionately high as the data is taken from An Garda Síochána's PULSE system which is a ‘live’ database. These 61 incidents of missing persons remain open, however this number of incidents will decline in the coming months with the conclusion of a considerable portion of these current investigations.
122. Deputy Bernard J. Durkan asked the Minister for Justice and Equality his views on whether the legislation to date is sufficient to adequately combat the activities of criminal gangs; and if he will make a statement on the matter. [44483/17]
Amharc ar fhreagraI can assure the Deputy that the legislative framework underpinning the State's response to organised crime is kept under review to ensure its on-going effectiveness and robustness.
This is evidenced by the recent strengthening of the proceeds of crime legislative framework to further support the work of the Criminal Assets Bureau. In this regard, the Deputy might recall the new powers introduced under the Proceeds of Crime (Amendment) Act 2016 which provides for Bureau Officers, subject to certain conditions, to immediately seize and detain property for a 24 hour period. Provision is also made for this period to be extended upon the authorisation of the Chief Bureau Officer, subject to certain conditions, for a further period not exceeding 21 days. In this context, the Act also lowered the thresholds applicable to seizures by reducing the value of property involved from €13,000 to €5,000. In addition, new regulations were made to reduce the prescribed amount of cash suspected of being the proceeds of crime which can be seized, from €6,500 to €1,000.
An Garda Síochána utilises multi-disciplinary approaches to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. This includes the use of money-laundering legislation and the powers available to the Criminal Assets Bureau under the proceeds of crime legislation. The Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill 2017, which is currently being drafted, will enhance our existing anti-money laundering framework. It will provide additional powers to the Financial Intelligence Unit, situated in An Garda Síochána, and strengthen cross-border cooperation between it and relevant authorities in other Member States.
123. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners known to have absconded from prison or evaded capture or imprisonment in each of the past three years to date; his views on whether such issues have been resolved satisfactorily; and if he will make a statement on the matter. [44484/17]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that Irish Prison Service records indicate that for the period 1 January 2014 to 17 October 2017, 39 persons absconded from custody, of these 6 remain unlawfully at large.
The table sets out the number of prisoners deemed to have absconded in this period and who remain at large, as of 17 October 2017:
|
Year |
Number of absconders |
Number Still at large |
|
2014 |
11 |
1 |
|
2015 |
15 |
3 |
|
2016 |
9 |
0 |
|
2017 |
4 |
2 |
Gardaí are informed when prisoners abscond and they have the power to detain, arrest, and return such persons to prison. Experience has shown that the vast majority of offenders who abscond return voluntarily or are returned to custody to complete their sentences within a short time frame.
I also wish to advise the Deputy that in October 2012, the Director General of the Irish Prison Service established a project team to examine how the Irish Prison Service might reduce the number of prisoners who are unlawfully at large from custody. The project team has worked closely with An Garda Síochána and the Department of Social Protection and its work has led to the re-committal of a number of prisoners who had absconded from custody. This project is ongoing.
124. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which educational and rehabilitation facilities are offered in every instance to first time offenders while in prison with the objective of diverting them from a life in crime; and if he will make a statement on the matter. [44485/17]
Amharc ar fhreagraI am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners, including first time offenders, are eligible to use the services.
The IPS began recruiting Assistant Psychologists to the IPS Psychology Service in 2016. Assistant Psychologists focus primarily on mental health and sentence management work with prisoners. Specifically, Assistant Psychologists are tasked with completing Strength, Risk and Needs Assessments of young persons, 18-24 years, who are committed to custody on a sentence of one year or more and who do not have a post release supervision order, to better inform their sentence progression and appropriate interventions. The intention of this focussed approach is to assist young persons committed to custody in living law-abiding and purposeful lives on their release to the community. The Probation Service have recently joined this initiative by engaging in assessments with those 18-24 year olds who do have post release supervision orders.
The development of programmes for prisoners forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
Education in prisons is delivered in partnership between the Education Training Boards and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts and in preparing people for release. A top priority for the Irish Prison Service is ensuring help for those with reading and writing problems to this end peer mentoring programmes are currently active in all of our prisons.
The guiding principles which underpin the prisons' work and training service are to make available, work, work-training and other purposeful activities to all those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical skills which will help them secure employment on release. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning, industrial skills and gym.
The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds and the Guild of Cleaners and Launderers and the centralising of coordination and quality assurance arrangements have enabled the prison service to extend the number of available courses and activities with certification.
125. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prison spaces available throughout the service; the extent to which cells are occupied by two or more prisoners; and if he will make a statement on the matter. [44486/17]
Amharc ar fhreagraAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including the number of prison spaces available in all prisons, on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie
The Irish Prison Service collates a quarterly census on cell occupancy and the position as at July 2017 is set out as follows:
|
Prison |
No of prisoners in single cell |
No of prisoners in double cell |
No of prisoners in triple cell |
No of prisoners in 4+ cell |
|
Arbour Hill |
95 |
40 |
0 |
0 |
|
Castlerea |
124 |
178 |
6 |
0 |
|
Cloverhill |
67 |
106 |
165 |
0 |
|
Cork |
46 |
226 |
0 |
0 |
|
Limerick |
109 |
100 |
33 |
0 |
|
Loughan House |
80 |
28 |
0 |
0 |
|
Midlands |
410 |
350 |
3 |
48 |
|
Mountjoy (m) |
586 |
0 |
0 |
0 |
|
Mountjoy (f) |
74 |
36 |
0 |
0 |
|
Portlaoise |
158 |
70 |
3 |
0 |
|
Shelton Abbey |
37 |
12 |
9 |
38 |
|
Wheatfield Place of Detention |
245 |
204 |
0 |
0 |
|
Total |
2031 |
1350 |
219 |
86 |
I can inform the Deputy that all committals are assessed upon arrival to prison. This assessment process, inter alia, seeks to ensure that wherever possible, prisoners are accommodated in cells appropriate to their needs. Some prisoners are more suited to multi-occupancy cells, while others are more suited to single-cell occupancy. It should be borne in mind that in certain cases prisoners are housed together for reasons other than lack of capacity. Family members and friends often elect or are assigned a shared cell. Shared cell accommodation can be very beneficial from a management point of view particularly for those who are vulnerable and at risk of self-harm.
In addition, the Director General of the Irish Prison Service has appointed a high-level Group to introduce a standard Risk Assessment Tool for use throughout the prison estate.
This Risk Assessment Tool will include provisions for the assessment of prisoners for suitability for cell-sharing, for moves within individual prisons and other operational decisions. The Assessment Tool is currently being developed with professional advice and assistance from the State Claims Agency.
This Risk Assessment Tool will include provisions for the assessment of people in custody for suitability for cell-sharing, for moves within individual prisons and other operational decisions. The Assessment Tool is currently being developed with professional advice and assistance from the State Claims Agency, and is very much at an advanced stage and is subject to the usual operational and security considerations.
126. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the assets of major criminal gangs are confiscated on an annual basis; and if he will make a statement on the matter. [44487/17]
Amharc ar fhreagraAs the Deputy may know, Ireland operates both conviction and non-conviction based models for the confiscation of proceeds of crime. In so far as the conviction based model is concerned, the confiscation and forfeiture of criminal assets is the responsibility of the Office of the Director of Public Prosecutions (ODPP) which is a statutorily independent body operating under the aegis of the Department of the Taoiseach. The Deputy will appreciate that as I have no Ministerial responsibility in relation to the ODPP it is not possible for me to provide information in relation to criminal confiscation. However, I understand that information in this regard is available in the Annual Reports of the ODPP.
The non-conviction based model for the confiscation of the proceeds of crime is that deployed by the Criminal Assets Bureau. The Proceeds of Crime Acts 1996-2016 provide the legal framework underpinning the Bureau's powers to take all necessary actions, including the making of applications to the High Court, in relation to the seizing and securing of assets with a view to their disposal in due course in accordance with the provisions of that legislation.
Section 21 of the Criminal Assets Bureau Act 1996 requires the Bureau, through the Garda Commissioner, to provide a report of its activities each year to the Minister for Justice and Equality who is then required to lay copies of the report before each House of the Oireachtas. The Annual Reports, including the most recent one for 2016 which was published last July, are available in the Oireachtas library and on the website of An Garda Síochána and my own Department. In Part 3 of the 2016 Report for instance, detailed information is provided in relation to the number of cases brought before the High Court under the various provisions of the Act; the number, type and valuation of assets involved; and the value of assets transferred to the Minister for Finance following the making of a disposal order by the High Court under Section 4 of the Proceeds of Crime Acts 1996 - 2016. Comparative data relating to the actions of the Bureau under the Revenue Acts and the Social Welfare Consolidation Act are also provided in the Annual Reports of the Bureau.
In examining the reports of the Bureau, the Deputy might note that it is the assets of individuals rather than criminal gangs that are reported.
127. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when stamp 4 will be updated in the case of a person (details supplied); and if he will make a statement on the matter. [44489/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned had their permission to remain in the State renewed for a further three year period, to 07 July 2017. This decision was conveyed in writing to the person concerned by letter dated 09 July 2014.
The renewal decision letter referred to, advised the person concerned of the requirement that they apply for further renewal of their permission to remain, two weeks before their existing permission expired, to their Local District Headquarters. The person concerned had their permission to remain renewed for a further year to the 05 July 2018 at their Local District Headquarters.
Responsibility for the registration process referred to is vested in the Garda National Immigration Bureau.
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.
128. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a duplicate certificate of naturalisation is required or can be issued in the case of a person (details supplied); and if he will make a statement on the matter. [44490/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that it is not the practice to issue duplicate certificates of naturalisation. I note that the person concerned holds an Irish passport, which is evidence of the person's Irish citizenship.
129. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in respect of the processing of a stamp 4 application, leave to remain eligibility for naturalisation in the case of a person (details supplied); and if he will make a statement on the matter. [44491/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned has applied for a right of residency in the State, accompanied by a right to work, based on their parentage of an Irish citizen child. This application is currently under consideration. INIS will be in contact with the person concerned shortly.
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.
130. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the position regarding the determination of permission to remain, stamp 4 eligibility or otherwise in the case of a person (details supplied); and if he will make a statement on the matter. [44492/17]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the case of the person concerned is currently before the High Court in the context of judicial review proceedings taken against the International Protection Appeals Tribunal. As these proceedings are on going, it would not be appropriate for me to comment further on that aspect of the case of the person concerned at this time.
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.
131. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of new marked and unmarked Garda cars and vans that came into the fleet in 2016 and to date in 2017; the number that were withdrawn during this period; his plans for further vehicles to come into the fleet before year end; the number in this regard; and if he will make a statement on the matter. [44520/17]
Amharc ar fhreagraAs the Deputy will appreciate decisions in relation to the provision and allocation of Garda vehicles are a matter for the Garda Commissioner in the light of his identified operational demands and the availability of resources and I, as Minister, have no direct role in the matter.
The Commissioner has provided the information in the following tables which provide details of Garda vehicles allocated and withdrawn in 2016 and to date in 2017.
Vehicles Allocated to the Garda Fleet
|
|
Cars |
Cars |
Vans |
Vans |
Motorcycles |
4X4 |
Others |
Total |
|
|
Marked |
Unmarked |
Marked |
Unmarked |
|
|
|
|
|
2016 |
106 |
216 |
80 |
65 |
61 |
37 |
32 |
597 |
|
2017 (to date) |
76 |
125 |
10 |
8 |
2 |
11 |
16 |
248 |
Vehicles Removed from the Garda Fleet
|
|
Cars |
Cars |
Vans |
Vans |
Motorcycles |
4X4 |
Others |
Total |
|
|
Marked |
Unmarked |
Marked |
Unmarked |
|
|
|
|
|
2016 |
88 |
170 |
42 |
22 |
14 |
16 |
23 |
375 |
|
2017 (to date) |
46 |
123 |
29 |
23 |
8 |
16 |
15 |
260 |
The Deputy will be aware that the Capital Plan 2016–2021 provides for an investment of €46 million the Garda fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed, in the period 2013 to end of 2017 almost €44 million will have been invested in the fleet with some 2,000 vehicles coming on stream in that period.
The following vehicles have been purchased by An Garda Síochána in 2017 and will be allocated following delivery and fit out.
|
Cars |
Cars |
Vans |
Vans |
Motorcycles |
4X4 |
Others |
Total |
|
Marked |
Unmarked |
Marked |
Unmarked |
|
|
|
|
|
8 |
4 |
31 |
- |
12 |
14 |
2 |
71 |
132. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of known members of criminal gangs who have been released from prison in the past five years on completion of their sentence or otherwise; and if he will make a statement on the matter. [44528/17]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service that a report compiled by them identified 12 criminal gangs within the prison population. This does not include subversive groupings in Portlaoise.
Membership or allegiance of these criminal gangs fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis. As such it is not possible to provide numbers in relation to the number of known gang members released in the past five years.
The emergence in recent years of criminal gangs has had significant implications for the management of Irish Prisons. Rivalries and feuds which develop on the outside continue inside the prison. Prison management must ensure that the various factions are kept apart, and as far as possible, that gang members do not have influence over other inmates in the prisons or criminal activities outside.
A number of initiatives have been introduced with a view to preventing identified gang leaders from conducting criminal activities while in custody and also to prevent them exerting inappropriate influence over other persons. For example, the security initiatives undertaken by the Operational Support Group have made it more difficult for prisoners to engage in illegal activities while in prison. These initiatives include the installation of airport style security including scanners and x-ray machines. The core function of this group includes the gathering and collating of intelligence information on criminal gang members in custody, carrying out intelligence led searches and preventing the flow of contraband, including mobile phones, into the prisons.
In addition, there is regular contact between the Prison Service and An Garda Síochána to discuss security issues including the operation of criminal gangs.
133. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which it is expected particular Garda stations are likely to reopen; and if he will make a statement on the matter. [44529/17]
Amharc ar fhreagraThe Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations and I, as Minister, have no role in the matter.
Indeed, this was the basis on which the Garda District and Station Rationalisation Programme was developed and implemented, resulting in the closure of some 139 Garda stations. I am informed by the Garda authorities that the closures have allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion particularly with regard to various targeted police operations.
As the Deputy will be aware, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
I recently published the second interim report of the Garda Commissioner, which recommended that the former Stepaside station in Co. Dublin be reopened on a pilot basis and indicated that, subject to further analysis, the Commissioner is likely to recommend in the final report the inclusion of the former stations at Leighlinbridge, Co. Carlow and Donard, Co. Wicklow in the pilot scheme. If a second station is to be reopened in Dublin, the Report indicates that the Commissioner is likely, subject to further analysis, to recommend that the former station at Rush, Co. Dublin be included in the pilot scheme.
The final report in relation to this matter is expected to be received shortly and will be brought before Government thereafter.
