Written Answers Nos. 270-289
270. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount of funding provided under the capital plan 2016 to 2021 for construction of the divisional headquarters at Kevin Street, Dublin 8; the amount spent to date; and if he will make a statement on the matter. [3195/18]
Amharc ar fhreagra271. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount of funding provided under the capital plan 2016 to 2021 for construction of the divisional headquarters in County Wexford; the amount spent to date; and if he will make a statement on the matter. [3196/18]
Amharc ar fhreagraI propose to take Questions Nos. 270 and 271 together.
The 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.
I have requested a report from the Garda authorities in relation to the Deputy's question and I will provide the information requested when that report is to hand.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
272. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount of funding provided under the capital plan 2016 to 2021 for the construction of the forensic science laboratory in County Kildare; the amount spent to date; the expected completion date; and if he will make a statement on the matter. [3197/18]
Amharc ar fhreagraThe construction of the new Forensic Science Laboratory is being managed by the Office of Public Works (OPW) on behalf of my Department.
In the region of €1.33 million has been spent to date on a package of enabling works at the Backweston site.
I am pleased that significant financial provision has been made for the completion of the laboratory. However, the Deputy can appreciate that the cost of construction and fit-out will only be known once the tendering process is complete.
The submission date for tenders for the main construction works has recently been deferred as, owing to the complexity of the project and recent changes in international Forensic Laboratory Standards, it will be necessary to add further material to the tender documentation.
Forensic Science Ireland and the Project Design Team are currently examining the issues involved which relate primarily to laboratory interior finishes and mechanical and electrical adjustments. The relevant contractors have been apprised of the situation and the objective is to progress the tender competition as soon as possible.
There will be substantial construction work carried out over the next two years or so and I would expect the new laboratory to be ready in early 2021.
273. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos 138 of 21 March 2017, 469 of 26 July 2017, 556 of 7 November 2017 and 115 of 13 December 2017, if the Garda report is now available; and if he will make a statement on the matter. [3229/18]
Amharc ar fhreagraA report has again been requested from the Garda authorities in relation to statistics on drivers detected with blood alcohol content levels of between 50mg and 80mg for the years in question and I can assure the Deputy that I will provide this information directly on receipt of a Garda report.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
274. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons that failed to pay a fixed penalty notice (FPN) for drink driving offences within the time limit in each of the years 2012 to 2017; the number of manual summonses for court appearance that were issued by An Garda Síochána for the non-payment of a drink driving FPN in those years; and if he will make a statement on the matter. [3230/18]
Amharc ar fhreagraI have requested the statistics sought by the Deputy from An Garda Síochána and will contact the Deputy directly on receipt of this information.
275. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the detail of information in the recent Crowe Horwath report which stated that 6,881 manual summonses for court appearance for non-payment of fixed penalty notices were not issued by An Garda Síochána; the number of those 6,881 that were unissued for the non-payment of a drink-driving fixed penalty notice; the implications for the Road Safety Strategy 2013-2020; and if he will make a statement on the matter. [3231/18]
Amharc ar fhreagraI have already put on record my deep concern regarding the serious failures of An Garda Síohána in relation to the fixed charge notice offence/road traffic summons issues that came to light last year.
The road traffic enforcement function performed by An Garda Síochána is one of its key functions and, together with my officials, I will continue to maintain ongoing, close contact with An Garda Síochána and the Policing Authority in relation to the matters referred to in the Deputy's question, and I welcome the continuing oversight of the Policing Authority in this respect.
In the meantime, the Government’s priority, and that of An Garda Síochána, is the continuation of effective road safety enforcement. 2017 witnessed the lowest number of road traffic fatalities in Ireland (159) since statistics were first recorded almost 60 years ago. This Government has put in place significant Garda resources, both human and financial, but, as the Policing Authority has emphasised, cultural change within An Garda Síochána is of critical importance.
The Road Safety Authority published its mid-term evaluation of the Road Safety Strategy 2013-2020 earlier this month, and the consensus of all stakeholders involved in the evaluation was that the focus must be on the main killer behaviours on Irish roads. 22 new actions were drawn up, including 12 key actions for priority implementation, which include the extension of the Fixed Charge Notice (FCN) System and an increase in penalties associated with a number of road traffic offences, such as speeding, mobile phone use and seatbelt use. As such, the operation of an effective FCN system continues to be a central tenet of road traffic enforcement and, by extension, national road safety.
I have requested a report from An Garda Síochána in relation to the statistical information sought by the Deputy and I will be in contact directly with the Deputy immediately on receipt of a Garda report.
276. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the control measures which have been put in place by An Garda Síochána to ensure that the practice of non-issuance of manual summonses for fixed charge notices and fixed penalty notices has ceased; and if he will make a statement on the matter. [3232/18]
Amharc ar fhreagraThe Deputy is aware that An Garda Síochána carried out internal examinations into (i) a range of issues relating to Fixed Charge Notices (FCNs) and road traffic summonses and (ii) the recording of breath tests at Mandatory Alcohol Testing (MAT) (now Mandatory Intoxicant Testing/MIT) checkpoints, culminating in the production of reports by Assistant Garda Commissioner, Michael O'Sullivan, on 11 August 2017. These reports were submitted to the Department on 31 August and published on 6 September.
Following the consideration of these reports by the Department, further clarification was sought from An Garda Síochána in relation to the implementation of the proposed solutions relating to the issue of manual summonses. I am advised by An Garda Síochána that an IT solution has been deployed to enable the Manual Summons Report to be delivered directly to the mailbox of each relevant District Officer with effect from 1 November 2017 and to the investigating member with effect from December 2017.
An Garda Síochána has also indicated that it has been considering an IT solution that would reduce the number of FCN offence codes that require manual summonses/manual intervention. The Garda National Roads Policing Bureau has been reviewing the number of FCN offence codes currently in use in view of the significant volume of codes in existence (614), however if the number of codes is reduced, this will increase the number of FCNs that proceed to manual summons and will increase the number of summonses that will require manual intervention. I have asked my officials to seek a further update on this matter from An Garda Síochána.
As the Deputy will be aware, Crowe Horwath was selected by the Policing Authority to undertake a quality assurance review on the remedial actions taken by An Garda Síochána in response to the FCN/summons and MAT issues and the ensuing report was published in November 2017. The Crowe Horwath report recommended that the Criminal Justice (Fixed Charge Processing System) Working Group (the Working Group) should examine its FCN/summons’ recommendations to identify and bring forward further improvements to the FCPS that can be made. Prior to the publication of the Crowe Horwath report, An Garda Síochána formally requested the Working Group to examine the findings of its internal FCN/summons’ examination and I understand that the recommendations/findings contained in both reports relevant to the Working Group's remit will be discussed at the Working Group’s next meeting on 31 January 2018.
My Department continues to maintain ongoing, close contact with An Garda Síochána and the Policing Authority in relation to these road traffic enforcement issues.
277. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 86 and 87 of 17 May 2017, 528 of 26 July 2017, 559 of 7 November 2017 and 116 of 13 December 2017, the number of those summonses not served in 2015 and 2016 that were reissued; further to the statement that a summons struck out not served can be reissued at the request of An Garda Síochána, the details of same; the policies in place to enable a garda to decide to have a summons reissued or not; if that report is now available; and if he will make a statement on the matter. [3233/18]
Amharc ar fhreagraI have again requested a Garda report on the matters referred to in the Deputy's questions and will contact the Deputy directly on receipt of a Garda report.
278. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 713 of 20 June 2017, 548 of 26 July 2017, 562 of 7 November 2017 and 118 of 13 December 2017, if the report is now available; when a number (details supplied) will be included on the C(T)68 form; and if he will make a statement on the matter. [3234/18]
Amharc ar fhreagraAs the Deputy will be aware, the enforcement of road traffic legislation is an operational matter for An Garda Síochána, in which I have no direct role.
I am informed that the collision report form C(T) 68 currently has a field within it to note the number of drivers breathalysed at the scene of a collision. I understand that a change request has been made by the Assistant Commissioner Roads Policing and Major Event/Emergency Management and IT design to ensure that Dräger Devices numbers and readings are captured.
My Department has sought an update from the Garda authorities, as to whether this change request has been actioned, and I will contact the Deputy directly on receipt of a Garda report in relation to this matter.
279. Deputy Thomas P. Broughan asked the Minister for Justice and Equality further to Parliamentary Questions Nos 577 of 26 July 2017, 567 of 7 November 2017 and 119 of 13 December 2017, if the appropriate reimbursements have now been made by An Garda Síochána to each of the 28 persons that were wrongly charged for abstracts since 1 January 2017; and if he will make a statement on the matter. [3235/18]
Amharc ar fhreagraThe Deputy will be aware that the Garda Commissioner is the Accounting Officer for the Garda Vote and is responsible for setting the level of fees applicable in relation to certain services. As Minister, I have no direct role in the matter.
I have requested a report from the Garda authorities in relation to the Deputy's question and I will provide the information requested when that report is to hand.
280. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of learner drivers driving unaccompanied by a qualified driver that died in road traffic collisions (RTCs) in each of the years 2014 to 2017; the number of other persons that were killed in those RTCs involving an unaccompanied learner driver in those years; the number of persons that were seriously injured in those RTCs; and if he will make a statement on the matter. [3236/18]
Amharc ar fhreagraI have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact directly with the Deputy on receipt of a Garda report.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
281. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of members of the Garda forensic traffic investigations team nationally and by district in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [3238/18]
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 have requested the specific information sought by the Deputy from the Garda Commissioner and I will write to her on receipt of same.
282. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will request a report from An Garda Síochána on the forensic collision investigation of each fatal collision involving a cyclist in 2016 and 2017; if he will request that the report include whether each collision was investigated by a member of the Garda forensic traffic investigations team; the process of such an investigation and resulting reports; and if he will make a statement on the matter. [3239/18]
Amharc ar fhreagraI am deeply conscious of the serious issue of road safety and mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country.
As the Deputy will be aware, as Minister for Justice and Equality, I have no role in the investigation of such collisions, nor do I have a role in the review of such investigations.
283. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will request a report from An Garda Síochána on the forensic collision investigation of each fatal collision involving a pedestrian in 2016 and 2017; if he will request that the report include whether each collision was investigated by a member of the Garda forensic traffic investigations team; the process of such an investigation and resulting reports; and if he will make a statement on the matter. [3240/18]
Amharc ar fhreagraI am deeply conscious of the serious issue of road safety and mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country.
As the Deputy will be aware, as Minister for Justice and Equality, I have no role in the investigation of such collisions, nor do I have a role in the review of such investigations.
284. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality the body to which a member of the public can go with a complaint against An Garda Síochána when the complaint has been rejected by GSOC; and if he will make a statement on the matter. [3257/18]
Amharc ar fhreagraThe Garda Síochána Ombudsman Commission (GSOC) was established as a statutory independent body, under the Garda Síochána Act 2005, to provide independent oversight of complaints made against members of the Garda Síochána.
GSOC has a hugely important role to play in ensuring that public confidence in the Garda Síochána is safeguarded. It has extensive powers under the 2005 Act to enable it to carry out its responsibilities. The Garda Síochána Act stipulates that GSOC is independent in the exercise of its functions and indeed, it is this guarantee of independence which is the hallmark of effective oversight.
Respecting the independence of bodies such as GSOC is of paramount importance. It would be a travesty if, having established such bodies, this House was then to seek to undermine their decisions.
Once GSOC has received a complaint it is a matter for it alone to carry out any investigation and arrive at a conclusion. Where a person is dissatisfied with the outcome of an investigation devolved to the Garda Commissioner under section 94 of the Act that person may request the Commission to review the investigation. In all other respects where a person is unhappy with a decision of the Commission they may take it up with the Commission itself. Alternatively such an individual may wish to obtain independent legal advice on any other options available to them.
There is, as the Deputy is probably aware, a mechanism in the Act for an independent inquiry into the conduct designated officers of GSOC. Section 109 of the Act permits the Minister, having consulted with GSOC, to invite the Chief Justice to nominate a judge of the Supreme Court, the Court of Appeal or the High Court to inquire into the conduct of a designated officer of GSOC while performing functions under section 98 or 99 in relation to an investigation. Given the nature of such an inquiry, one which is carried out by a judge of the superior courts it can not be considered to be an ordinary complaints or grievance procedure and I would emphasise the point. Furthermore, it is important to emphasise that the purpose of such an inquiry is to inquire into the conduct of a designated officer either on a particular occasion or in general in performing functions under the relevant sections. Nevertheless, the section may be invoked in appropriate circumstances.
285. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the amount spent in 2017 on transferring prisoners on remand to courts for the purpose of attending for mention dates; and if he will make a statement on the matter. [3287/18]
Amharc ar fhreagra286. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of times prisoners on remand were transferred to court for the purpose of attending for mention dates in 2017; and if he will make a statement on the matter. [3288/18]
Amharc ar fhreagra287. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of times the video link facility was used for remand hearings in 2017; and if he will make a statement on the matter. [3289/18]
Amharc ar fhreagraI propose to take Questions Nos. 285 to 287, inclusive, together.
I wish to advise the Deputy that the Irish Prison Service is not in a position to provide the exact information requested. The Irish Prison Service only record if a prisoner has a court appearance but not the exact nature of that appearance.
The Irish Prison Service facilitated 29,917 court appearances during 2017. The majority of these were escorts carried out by the Prison Service to court. In certain instances An Garda Síochána will undertake the transfer of a prisoner to court.
A further 3,094 court appearances were facilitated via video link. The majority of these instances related to remand prisoners.
The cost of escorting prisoners to court is determined by staff costs and transport vehicle costs. It is influenced by the number of staff required for the escort, the duration of the escort and the distance travelled etc. therefore it is not possible to provide the amount spent on transferring prisoners to courts
288. Deputy Eoin Ó Broin asked the Minister for Justice and Equality if he met with persons (details supplied) to discuss their campaign for legislative reform; the outcome of the meeting; and if he will raise the matter directly with the Minister for Health. [3335/18]
Amharc ar fhreagraAs the Deputy will be aware, I met with the persons concerned on 17 January, 2018 to hear their concerns concerning the medico-legal investigations surrounding the tragic death of their son in 2013.
Our meeting was arranged following an earlier, very brief meeting, after the Seanad debate on a Private Member's Bill promoted by the Deputy's colleague Senator Padraig Mac Lochlainn on Wednesday 18 October, 2017. The Bill proposed to insert a new section 29A in the Coroners Act 1962 to:
(i) provide for the possibility of a verdict of Iatrogenic Suicide,
(ii) define Iatrogenic Suicide as “the ending of one’s own life where the effect of medical treatment undertaken by the deceased, including any prescribed medication, is the primary cause of such an action”, and
(iii) provide a safeguard clause so that this verdict does not contravene section 30 of the Act of 1962 as far as they apportion of civil or criminal liability is concerned.
As I explained then to the Seanad, the Government's position on introducing a verdict of iatrogenic suicide was and remains that:
- while the proposal is well intentioned, it cannot be supported primarily for the reason that acceptance of the definition and, of a verdict of ‘iatrogenic suicide’, would risk the inquest apportioning some liability on the medical practitioner who may have prescribed the treatment or medication for the deceased person,
- the coroner's inquest cannot consider questions of civil or criminal liability and section 30 of the Coroners Act 1962 specifically provides against such consideration,
- a sufficient range of verdicts is available to coroners including of suicide, open or medical misadventure.
I intend, in the forthcoming Coroners (Amendment) Bill to provide for a wider scope at inquests from investigating the immediate cause of death to looking also at the wider circumstances in which the person died. However, this Bill will not propose any change to coroners’ independence, nor to the existing rule that the coroner’s verdict may not seek to decide any question of civil or criminal liability. Liability in that regard must remain a matter for the courts.
I had the opportunity again at the meeting with the persons concerned to express my deepest sympathies over their loss. However, I had also to explain why it was not possible to support their campaign concerning a verdict of iatrogenic suicide. In addition, the Office of the Attorney General had advised that it would be legally unsound since such a new verdict would be capable of ascribing criminal liability to a person or persons who would be readily identifiable.
The Coroners Society of Ireland was also opposed to the proposal on iatrogenic suicide.
With regard to non-coronial medical matters, I would be happy to assist the persons concerned to arrange a meeting with the Minister for Health.
289. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 38 of 28 November 2017, if the issue of loot boxes and other in-app purchases in video games with a pan-European game information, PEGI, rating of under 18 years of age can be included in the discussions his departmental officials have undertaken or will undertake in relation to the protection of children online from a cross-governmental perspective. [3395/18]
Amharc ar fhreagraI wish to advise the Deputy that the issue raised by her can be included in the discussions referred to between Departmental officials.
As advised by Minister Zappone in parliamentary question number 38 of 28 November 2017, she and I met last November on this issue, together with Minister Naughten. It was agreed at that meeting that an Open Policy Debate on the issue of online safety would be the most appropriate way to progress further developments in the area. The key objective of the Open Policy Debate will be to raise awareness of cross-departmental actions already taking place to deal with harmful online content and to identify gaps in the Government’s approach and steps to address them. The emphasis in the Open Policy Debate will be on children and young people.
I can also advise the Deputy that following on from that meeting, the Department of Communications, Climate Action and the Environment established a Steering Group which has met on two occasions to plan the proposed event. Officials from my Department, the Department of Business, Enterprise and Innovation, the Department of Health, the Department of Education and Skills and the Department of Children and Youth Affairs are represented on the Steering Group.
