Wednesday, 17 Jan 2018

Written Answers Nos. 86-92

Garda Investigations

Ceisteanna (86)

Brendan Smith

Ceist:

86. Deputy Brendan Smith asked the Minister for Justice and Equality if there has been progress in relation to the need for a full and comprehensive investigation into the bombing in Belturbet in December 1972 which caused the death of two young persons and injuries to many others; the level of co-operation with the Northern Irish and British authorities in relation to a thorough and full investigation into this atrocity; and if he will make a statement on the matter. [2136/18]

Freagraí scríofa

Minister for Justice and Equality

The bomb attack in Belturbet, Co. Cavan in December 1972 was an appalling atrocity and I extend my sympathies to those who were bereaved and injured in that terrible attack.

At the time of this tragic incident a full investigation was conducted by An Garda Síochána which involved close liaison with the authorities in Northern Ireland.  I am informed by the Garda Authorities that every possible avenue of inquiry was pursued at the time but, regrettably, it has not proved possible to bring the perpetrators of this crime to justice.  

I am informed by the Garda Authorities that the investigation into these murders remain open.  It must be said that, with the passage of over forty years and no new evidence emerging, one must be cautious as to the prospect of bringing a successful prosecution.  Nonetheless, the Garda Authorities will pursue fully any new information or evidence that becomes available to them and would work with the PSNI to seek to progress the investigation if that is at all possible.  I would call on anyone with any relevant information about this atrocity to bring it to the attention of An Garda Síochána.

It is the case that dealing with the legacy of the troubles on this island is a difficult and complex task.  In the Stormont House Agreement a series of useful measures were agreed to put in place an overarching framework in this regard, including mechanisms to provide the families of victims with more information about the deaths of their loved ones where that is possible.  The Government remains fully committed to the implementation of those measures and we will continue to work with the British Government and the parties in Northern Ireland to give effect to them as soon as possible.

Residency Permits

Ceisteanna (87)

Bernard Durkan

Ceist:

87. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the history of stamp 4 held by a person (details supplied); and if he will make a statement on the matter. [2153/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned made an application for a residence card on 05 January 2015 under the EC Free Movement of Persons Regulations 2015.  On 28 January 2015, INIS granted the person temporary permission to reside in this State, under Stamp 4 conditions, expiring on 04 August 2015, pending consideration of the application.

I understand that the person concerned did not meet the requirements of the Regulations.  I am further informed that INIS, as an exceptional measure, granted permission to remain in this State for one year under Stamp 4 conditions on 13 July 2015.  INIS also informed the person that the permission to remain may be renewed by the local Immigration Officer subject to compliance with specified conditions.  I am further informed that permission to remain, under Stamp 4 conditions, has been extended, until 13 July 2018.

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.

Crime Data

Ceisteanna (88)

Catherine Connolly

Ceist:

88. Deputy Catherine Connolly asked the Minister for Justice and Equality the steps being taken by An Garda Síochána to enable the resumption of publication by the CSO of quarterly crime statistics; and if he will make a statement on the matter. [2197/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the work carried out by An Garda Síochána and I as Minister have no role in the matter referred to.

However, I understand that work is on going, between An Garda Síochána and the Central Statistics Office, to ensure that the publication of the official CSO crime statistics can recommence.  The CSO has postponed the publication of crime statistics pending the receipt of certain clarifications arising from a Garda review of the classification of different categories of homicide.

My Department continues to liaise with both the CSO and An Garda Síochána in order to ensure that the issues preventing the publication of crime statistics continue to receive appropriate attention and are prioritised.

While recent provisional operational figures from An Garda Síochána would appear to indicate that certain crime categories are on the rise, I was pleased to note a Garda press release last week which stated that, according to provisional operational figures, burglaries nationally fell by 23% during November and December under the Winter Phase of Operation Thor.

However, until such time as the CSO can resume its publication of the crime statistics, it would be unwise to draw any firm conclusions from them at this point. Needless to say, An Garda Síochána will continue to monitor all new and emerging crime trends and deploy their resources accordingly.

Crime Data

Ceisteanna (89)

Catherine Connolly

Ceist:

89. Deputy Catherine Connolly asked the Minister for Justice and Equality the extent to which each of the six recommendations of the Garda Inspectorate report on crime investigation 2014 directly related to the compilation of crime statistics has been implemented; and if he will make a statement on the matter. [2198/18]

Freagraí scríofa

Minister for Justice and Equality

Following the publication of the Garda Inspectorate 'Crime Investigation' report in late 2014, my predecessor as Minister for Justice and Equality asked the Central Statistics Office to chair an Expert Group to examine each of the six recommendations relevant to them. The Expert Group consisted of officials from the CSO, An Garda Síochána and my Department, as well as Dr. Mary Rogan of Trinity College Dublin.

The Expert Group began its considerations in 2015 and a final report was published by my Department in July 2017. The report outlines the discussions and conclusions of the Group in relation to each of the six recommendations.

I am advised by the CSO that it continues to engage with An Garda Síochána in relation to a number of actions outlined in the report, including:

- Work on a new public facing document to explain to users of crime statistics the rules governing the recording and counting of crime incidents in Ireland.  This document will include detail on recording, classification, invalidation, reclassification, counting rules and detection rules.

- A revised Memorandum of Understanding between the CSO and An Garda Síochána to guarantee the CSO access to both crime and non-crime data was signed in 2017.  The CSO also receives technical documentation regarding updates, which affect how crimes are recorded.

- The CSO continues to examine PULSE data in order to improve the quality of crime data recording and inform users about related concerns. The CSO engages with An Garda Síochána via its High Level Liaison Group to outline and discuss data quality concerns.

- The CSO has outlined to An Garda Síochána its data requirements for a detailed assessment of PULSE data quality which will be carried out during 2018, based on incident and associated data reported during 2017.

Some €330 million, including €205 million under the Capital Plan, is being invested in Garda ICT infrastructure between 2016 and 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, including those relevant to the compilation of crime statistics.

Commissions of Inquiry

Ceisteanna (90)

Seán Crowe

Ceist:

90. Deputy Seán Crowe asked the Minister for Justice and Equality his plans to open a commission of investigation into matters surrounding a person (details supplied) in view of the fact that a number of their victims have made claims alleging that several State agencies failed in their duty of care to them; and if he will meet with these persons in this regard. [2205/18]

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that when this Government decided, in May 2017, to announce the intention to establish the Commission, this was based on legal advice from the then Attorney General that indicated there would be severe delays if the Commission were to be established at that time. This decision was communicated directly to the lawyers for victims involved at the time.

The decision was made based on a number of outstanding legal matters, including ongoing investigations into further offences, and a concern that evidence, adduced at a Commission, may impact upon future prosecutions.

I am advised that criminal investigations are ongoing in respect of a number of such cases and files have been sent to the Director of Public Prosecutions in relation to several cases and directions are awaited. The DPP, of course, operates independently of Government

However, I have had a preliminary discussion with the Attorney General last week regarding this matter and have arranged to work with officials from the Attorney General’s Office to try to identify a methodology to allow for the early establishment of the Commission of Investigation, in such a way as not to prejudice the ongoing criminal investigations.

I am acutely aware of the pain and suffering that has been endured by the victims. Once a clear, workable, legally sound path to the establishment of the Commission is agreed with the Attorney General’s Office, I will meet with the victims, and their legal representative, at the earliest possible opportunity to brief them on the new proposals and to hear their thoughts.

Tribunals of Inquiry

Ceisteanna (91, 92)

Róisín Shortall

Ceist:

91. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 256 to 259, inclusive, and 284 of 5 December 2017, if he has received the full report he requested from the Acting Commissioner; the reason this section 41 report was forwarded to the Attorney General; if the initial report he received under section 41 and the report he subsequently requested from the acting Commissioner will be published in the public interest; and if he will make a statement on the matter. [2248/18]

Róisín Shortall

Ceist:

92. Deputy Róisín Shortall asked the Minister for Justice and Equality the ongoing role the disclosures tribunal co-ordination unit has; if an independent person to review the actions of this unit will be appointed in view of recent reports received under section 41; and if he will make a statement on the matter. [2249/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 91 and 92 together.

As the Deputy is aware the Garda Commissioner made a report to me under section 41(1) of the Garda Síochána Act 2005 on 27 November last. The report forwarded a document that detailed concerns in relation to the operation of the Tribunal Co-ordination Office established within An Garda Síochána to meet its obligations to the Disclosures Tribunal.

This matter is something I treat with the utmost seriousness and in that regard I instructed that the contents of the report be referred to the Disclosures Tribunal. That was done on 29 November last. The report was also referred to the Office of the Attorney General in order to seek advice in relation to the matters contained in the document and the appropriate course of action.  

I wrote to the Commissioner and requested a report under section 41(2) of the 2005 Garda Act 2005 addressing all of the issues raised in the document in so far as it relates to the Garda Síochána and the Commissioner's responsibilities. In late December, an initial report was forwarded to my Department where it is under consideration.

My Department is examining the document and the Commissioner’s response to determine what further actions may be appropriate on foot of it.

As I have stated the Commissioner's report has been referred to the Disclosures Tribunal which is currently engaged in its work. If the Deputy has any concerns about any of these issues, the Tribunal has wide discretion and its terms of reference allow it to investigate contacts between members of An Garda Síochána and State entities in the course of its work. In this context, it is of course open to any person to bring matters to the attention of the Tribunal.