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Tuesday, 30 Jan 2018

Written Answers Nos. 297-316

Drug and Alcohol Testing

Ceisteanna (297)

Thomas P. Broughan

Ceist:

297. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the types of drugs being detected during mandatory intoxicant testing checkpoints in 2017, in tabular form; and if he will make a statement on the matter. [4175/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the legislation governing the conduct of preliminary road side drug tests is the Road Traffic Act 2016, which falls under the remit of my colleague, the Minister for Transport, Tourism and Sport, Mr. Shane Ross, T.D..  I have been advised that the following drugs are provided for under this legislation:  THC (Cannabis), Cocaine, Opiates and Benzodiazepines.

While the enforcement of road traffic legislation is an operational matter for An Garda Síochána, I have requested information from the Garda authorities in relation to the types of drugs detected during mandatory intoxicant testing checkpoints in 2017 and I will be in contact with the Deputy directly on receipt of a Garda report.

Child Protection

Ceisteanna (298)

Róisín Shortall

Ceist:

298. Deputy Róisín Shortall asked the Minister for Justice and Equality the reason for setting the digital age of consent at 13 rather than the EU default digital age of consent of 16; and if he will make a statement on the matter. [4176/18]

Amharc ar fhreagra

Freagraí scríofa

In late 2016, the Department of Justice and Equality launched a consultation process and invited submissions from interested parties on the “digital age of consent” to apply in this jurisdiction under Article 8 of the General Data Protection Regulation.  The Government Data Forum, which brings together legal and data protection experts, business representatives from SMEs and multinationals, as well as sociologists, psychologists and education specialists, also carried out a consultation process.

A majority of respondents - including the Ombudsman for Children's Office, the Internet Safety Advisory Committee and the Children's Rights Alliance - recommended setting the "digital age of consent" at 13 years. On 21 June last, the Government approved a digital age of consent of 13 years for inclusion in the Data Protection Bill.

When appearing before the Joint Oireachtas Committee on Justice and Equality for the pre-legislative scrutiny of the General Scheme of the General Data Protection Bill last July, Special Rapporteur on Child Protection, Dr Geoffrey Shannon, also recommended setting the "digital age of consent" at 13 years. This recommendation was adopted by the Committee in their Report published in November.

The Government believes that adopting a "digital age of consent" of 13 years represents an appropriate balancing of children’s rights, namely a child’s right to participation in the online environment and a child’s right to safety and protection, rights that are enshrined in the UN Convention on the Rights of the Child.

Courts Service Administration

Ceisteanna (299)

Peter Burke

Ceist:

299. Deputy Peter Burke asked the Minister for Justice and Equality the details of the poor box allocation received by each organisation from each of the 23 districts separately (details supplied), including the Dublin metropolitan district; and if he will make a statement on the matter. [4179/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that given the extent and complexity of the information being sought it is not possible to provide the information requested by the Deputy in the time available. The information will be forwarded to the Deputy as soon as it is to hand.

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

Organised Crime

Ceisteanna (300)

Thomas P. Broughan

Ceist:

300. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if he will report on Operation Thistle; the amount of drugs seized; the number of persons arrested and charged to date; the number of successful convictions obtained to date; and if he will make a statement on the matter. [4180/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy may be aware, Operation Thistle was set up in February 2016 to target the activities of organised criminals in the DMR South Central Division. Operation Thistle utilises a multifaceted approach in targeting individuals associated with organised crime.  The operation is supported by national units as required.

With regard to the specific information sought by the Deputy, I have requested a report from An Garda Síochána and I will revert to the Deputy when the information is to hand.

The following deferred reply was received under Standing Order 42A
The focus of Operation Thistle is to target the criminal activities of mid and lower ranking members of Organised Crime Groups (OCG) in the DMR South Central Division. An Garda Síochána reports that Operation Thistle has successfully disrupted the activities of a number of crime groupings in this division.
As of 2 February 2018, approximately €1,399,660 worth of drugs has been seized in the Operation broken down as follows:
- €932,000 of Heroin
- €453,200 of Cocaine
- €11,000 of Cannabis
- €2,000 Prescription Drugs
- €1,460 MDMA
Cash and property have also been seized, all of which has been deemed the proceeds of crime, including:
- €124,740 in cash
- Watches and assorted jewellery to the value of approximately €94,000
- Audi A3 valued at approximately €14,000.
Mobile phones, USB's and other electronic equipment has also been seized and examined along with various financial documentation.
There have been 22 persons arrested during the course of the Operation for offences relating to the Sale and Supply of Drugs, Forged Documents and breach of bail and 16 persons have been charged before the Courts with separate offences, predominantly for breaches of Section 3 and 15 of the Misuse of Drugs Act 1977 as amended. A number of these cases are still being processed through the courts.
The Garda authorities have also advised that Operation Thistle has also been successful in identifying and arresting persons involved in crime on an international basis. Officers leading Operation Thistle have been able to assist International Police Services following operations conducted in this jurisdiction.
I hope this information is of assistance.

Garda Deployment

Ceisteanna (301)

Thomas P. Broughan

Ceist:

301. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of gardaí by rank attached to the Garda money laundering investigation unit in each of the years 2015 to 2017 and to date in 2018; and if he will make a statement on the matter. [4181/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

I have requested the specific information sought by the Deputy from the Garda Commissioner and I will write to him on receipt of same.

A referred reply was forwarded to the Deputy under Standing Order 42A.
Questions Nos. 302 and 303 answered with Question No. 271.

Garda Data

Ceisteanna (304)

Seán Sherlock

Ceist:

304. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of serving members of An Garda Síochána who are currently on sick leave for longer than three months. [4201/18]

Amharc ar fhreagra

Freagraí scríofa

As 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  personnel matters.

I am informed by the Commissioner that the number of members of An Garda Síochána who were absent from duty due to illness for a period greater than three months was 204 as of 29 January 2018.

Proposed Legislation

Ceisteanna (305, 306, 307)

Clare Daly

Ceist:

305. Deputy Clare Daly asked the Minister for Justice and Equality if mechanisms will be included in the forthcoming coroners (amendment) Bill to allow for challenges to the scope of an inquest. [4238/18]

Amharc ar fhreagra

Clare Daly

Ceist:

306. Deputy Clare Daly asked the Minister for Justice and Equality if mechanisms will be included in the forthcoming coroners (amendment) Bill that will require the coroner to publish his or her decision regarding the scope of an inquest. [4239/18]

Amharc ar fhreagra

Clare Daly

Ceist:

307. Deputy Clare Daly asked the Minister for Justice and Equality his plans to insert a requirement that all coroners have a medical qualification as part of the forthcoming coroners (amendment) Bill. [4260/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 305 to 307, inclusive, together.

I intend in the forthcoming Coroners (Amendment) Bill to provide for an extension of the current  scope of investigation at an inquest, from investigating the immediate cause of death to looking also at the wider circumstances in which the person died. This extension is justified in the public interest and to better fulfil our obligations under the European Convention on Human Rights.

The conduct of an inquest is a matter for the coroner concerned, who is independent in carrying out their functions. Any decisions made by the coroner in the investigation of the death will be communicated to the next of kin of the deceased and any other person with an interest in the matter. Inquests are conducted in public and widely reported in the media.

However, the Deputy will recall that the coroner's inquest is an inquisitorial investigation. It cannot consider questions of civil or criminal liability and section 30 of the Coroners Act 1962 specifically provides against such consideration. 

Since the advent of the modern coroner system in Ireland in 1846 and, as currently in force through the Coroners Act 1962, to be appointed as a coroner a person must hold either a medical or legal qualification. Some common law jurisdictions, that share the coroner system, have moved towards a lawyer only coroner model. I have no intention at present to change the qualifications required to be a coroner in Ireland.

Questions Nos. 308 and 309 answered with Question No. 271.

Crime Data

Ceisteanna (310)

Catherine Murphy

Ceist:

310. Deputy Catherine Murphy asked the Minister for Justice and Equality the way in which annual policy plans are to be constructed in the absence of CSO figures on crime statistics; the data that will replace these statistics; the interaction he has had with the CSO; and if he will make a statement on the matter. [4272/18]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that all policy matters are kept under continuous review in my Department and crime policy is formulated on the basis of a number of factors, not limited to official crime statistics. A key element of the policy planning around policing matters is the preparation by the Garda Commissioner of an annual policing plan, which is required by law to have regard to various matters including priorities determined by the Policing Authority, available resources, and relevant Government policy.

I am closely monitoring this issue and my Department is in ongoing contact with the Central Statistics Office and An Garda Síochána to ensure resumption of the publication of official Crime Statistics by the CSO at the earliest possible opportunity. The Deputy will be aware that An Garda Síochána is working with the CSO to resolve an issue which emerged in relation to the classification of homicide offences. When a homicide occurs, the offence may be classified as murder, manslaughter or violent death.

My understanding is that all of these cases were subject to investigation but that an issue emerged due to the fact that the classification of a crime may change as investigations evolve; for example, a serious assault may become a murder or manslaughter if the victim subsequently dies, or a murder charge may ultimately need to be reclassified as a manslaughter following Court proceedings.

An Garda Síochána initiated a review of homicide classifications, initially for the period 2013-2015 but later extended the review to cover the period from 2003-2017. This is obviously a time consuming and complex process but it is important that both An Garda Síochána and the CSO are confident that their data is robust and accurate. While the review is underway, the CSO has suspended the publication of quarterly crime statistics, which were last published for Q4 of 2016.

In the interim, An Garda Síochána has produced provisional operational figures to the Policing Authority. The provisional operational material released by the Gardaí recently indicates a significant drop in burglary rates for the 2 month period of November/ December 2017. This success has been attributed to the Winter Phase of Operation Thor and I would like to commend An Garda Síochána for their work under Operation Thor, particularly to combat burglaries as indicated by these provisional figures, while acknowledging that they are not the official figures until such time as they are verified by the CSO.

Garda Civilian Staff Data

Ceisteanna (311)

Jim O'Callaghan

Ceist:

311. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of civilian staff employed in An Garda Síochána at the end of each of the years 2010 to 2017, in tabular form; the proportion of total personnel numbers in An Garda Síochána that this represented at each year end; and if he will make a statement on the matter. [4316/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who has responsibility to carry on and manage and control generally the administration and business of the Garda Síochána, including by arranging for the recruitment, training and appointment of its members and civilian staff.  

I have set out below in tabular from the year-end number of civilian staff for 2010 to 2017. I am informed by the Commissioner that there were 2,192 civilians undertaking administrative and technical duties within An Garda Síochána as of 31 December 2017. I am encouraged that the number of civilians working in An Garda Síochána continues to increase with the numbers for 2017 showing more civilians working in the organisation than in each of the previous seven years.

The Deputy will be aware that as part of the Five Year Reform and High-level Workforce Plan for An Garda Síochána, the Government has agreed an overall vision for a Garda workforce of 21,000 personnel by 2021 to include 15,000 Garda members, 2,000 Garda Reserve members and 4,000 civilians. The projected 4,000 civilians represents a medium-term target of 20% of the Garda full-time workforce comprised of civilians. This target will be achieved through a twin-track approach of firstly, a “civilian by default” policy to be adopted in relation to the filling of all new posts other than operational policing posts and for non-operational policing posts that become vacant and, secondly, the redeployment of Gardaí to policing roles where their skills can be used to best effect with the backfilling of these roles by suitably qualified civilians where necessary.  The Garda Inspectorate identified some 1,500 posts held by Gardaí that could be examined for suitability for civilian staff.

Progress is being made in relation to civilianisation. During 2017 some 200 new civilian posts were sanctioned by the Policing Authority with the consent of my Department and the Department of Public Expenditure and Reform. The bulk were to address critical skills gaps and capacity issues with a proportion sanctioned to make a start on the redeployment of Gardaí to policing duties.  Of particular significance is that a number of civilians have been appointed to newly created senior leadership posts at Executive Director level to take responsibility for Strategy & Transformation and Legal & Compliance.  It is also expected that a Chief Data Officer will be appointed shortly. These newly created leadership posts support the major reform programme underway within An Garda Síochána and will assist in bringing diverse perspectives and management skills to the top levels in the organisation.

To ensure that progress on civilianisation continues this year Budget 2018 has provided funding for a further 500 civilian staff. Civilianisation is a key element of the reform programme that is being pursued by An Garda Síochána. It will not be done overnight but progress on achieving the target of 20%  implementation must continue and, indeed, must move at a greater pace. I intend to meet with the Commissioner shortly in relation to the reform programme generally with a particular focus on measures to accelerate the civilianisation agenda.

Year End

Civilian Strength

Garda Strength

Total Strength

Percentage Civilian

2010

2099

14,377

16,476

13%

2011

2012

13,894

15,906

13%

2012

1970

13,316

15,286

13%

2013

2071

13,093

15,164

14%

2014

2055

12,799

14,854

14%

2015

2007

12,816

14,823

14%

2016

1998

12,943

14,941

13%

2017

2192

13,551

15,743

14%

Questions Nos. 312 and 313 answered with Question No. 269.

Garda Reserve

Ceisteanna (314)

Barry Cowen

Ceist:

314. Deputy Barry Cowen asked the Minister for Justice and Equality the position regarding the recruitment of persons to the Garda Reserve. [4364/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the recruitment and training of the Garda Reserve and the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.

I am advised by the Commissioner that the strength of the Reserve on the 31 December 2017 was 589. It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways - firstly some serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointment Service have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána.

I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years.

The "Programme for a Partnership Government" includes a commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. In line with this, the Government has in place a plan to achieve a Reserve strength of 2,000 by 2021. With the plan to reach 15,000 Garda members well on track it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves last March which attracted 2,394 applicants. It is expected that applicants from this campaign will enter training in early 2018.

In conjunction with the major expansion of the Reserve over the next number of years, we must ensure that it is used to optimum effect to support effective policing. To inform future decisions around the use of the Reserve An Garda Síochána is conducting a strategic review as a matter of priority with a view to completion early this year. As a first step, the Garda Executive has taken a decision to transfer the management of the Reserve to the Assistant Commissioner with responsibility for Community Engagement. This is intended to ensure that its development and deployment is viewed more broadly through a community policing lens. This is a very welcome step as it is my strong view that the greatest dividend to be gained from the Reserve is in terms of a visible presence on the ground engaging with local communities.

The review will take cognisance of the changed environment in which the expanded Reserve will operate as the major reform programme that is underway is implemented. These reforms include the drive towards a medium term target of 20% civilians by 2021 to boost the management capacity of the organisation and to free up Gardaí to front-line policing duties, and also the phased implementation of the Divisional model of policing to enable resources to be deployed more efficiently to prevent and detect crime.

Public Private Partnerships Data

Ceisteanna (315)

Pearse Doherty

Ceist:

315. Deputy Pearse Doherty asked the Minister for Justice and Equality the public private partnerships his Department is currently engaged in; the name, cost and timeframe of each; the names of all private parties involved; the nature of each project in terms of design, build, maintain and so on, in tabular form; and if he will make a statement on the matter. [4439/18]

Amharc ar fhreagra

Freagraí scríofa

The are currently two separate PPP projects underway in the Justice and Equality sector, both under the aegis of the Courts Service as set out in the following table.

Project Name

Cost (Capital)*

Timeframe

PPP Co

Nature of each project.

Criminal Courts Complex (CCJ)

€132.4m

25 years beginning November 2009

Amber Infrastructure/International Public Partnerships

Design, Build, Finance, Operate, Maintain

Courts PPP Bundle

€149.9m

25 years beginning with completion date of each building (2017/2018)

BAM PPP PGGM

Design, Build, Finance, Operate, Maintain

(* ex VAT)

Additional information on these initiatives is provided for the Deputy, as follows:

The Criminal Courts Complex PPP project is for the delivery and operation of the Criminal Courts of Justice building on Parkgate Street, Dublin. The main contractor was PJ Hegarty & Sons. The facilities management company is G4S.

The Courts PPP Bundle project is for the delivery and operation of seven courthouses nationwide. Drogheda Courthouse, Letterkenny Courthouse and Wexford Courthouse were delivered in 2017 and are all now fully operational. Mulgrave Street Courthouse Limerick, Waterford Courthouse, Anglesea Street Courthouse Cork and Mullingar Courthouse are due to be delivered in the first half of 2018. The main contractor is BAM Building Ltd and the facilities management company is BAM FM.

Commencement of Legislation

Ceisteanna (316)

Donnchadh Ó Laoghaire

Ceist:

316. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 that have yet to be commenced; and when he plans to commence them. [4449/18]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 has been commenced in full since 1 January 2017.

The Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (Commencement) Order 2015 (S.I. No 612 of 2015), the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (Section 17) (Commencement) Order 2016 (S.I. No 285 of 2016) and the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (Commencement) (No. 2) Order 2016 (S.I. No 633 of 2016) are the relevant Commencement Orders.

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