Michael Moynihan
Ceist:28. Deputy Michael Moynihan asked the Taoiseach if banking reform was discussed at his meetings at the World Economic Forum in Davos. [4563/18]
Amharc ar fhreagraBanking Sector Reform
Ceisteanna (28)
Freagraí scríofa
While progress towards Banking Union in the EU was referenced in the context of general discussions on the future of Europe, the specific issue of banking reform was not discussed at my meetings in Davos.
Questions Nos. 29 to 33, inclusive, resubmitted.
Departmental Budgets
Ceisteanna (34)
Michael Moynihan
Ceist:34. Deputy Michael Moynihan asked the Taoiseach his Department's budget for social media. [4304/18]
Amharc ar fhreagraFreagraí scríofa
A key part of the modernisation of Government communications is the greater use of social media. Four campaigns undertaken by the Strategic Communications Unit in 2017 had an informational video component which was promoted on social media - YouTube, Facebook and Twitter at a total cost of €21,895. It is not possible at this stage to give an overall budget figure for social media. Spend in this area will be dictated by the scale, frequency and nature of campaigns. The use of social media, as with all media, plays an important role in communicating to our citizens the work of Government and the services that they are entitled to.
For example, the video explaining the extension of Treatment Benefits - optical and dental to the self employed was viewed 283,370 times. In fact there has been a significant increase in optical and dental treatment benefit uptake with approximately 227,000 claims made in November and December 2017 with €15 million benefit paid.
The use of social media forms part of the Unit's work on priority cross Government initiatives that impact on the lives of citizens. Its focus is to streamline communications by working with other departments to deliver on these priority cross Government campaigns.
Questions Nos. 35 to 37, inclusive, resubmitted.
Cabinet Committee Meetings
Ceisteanna (38)
Michael Moynihan
Ceist:38. Deputy Michael Moynihan asked the Taoiseach if Cabinet Committee F, national security, has met recently. [4306/18]
Amharc ar fhreagraFreagraí scríofa
The Committee last met on 9 November and that meeting was attended by the Ministers for Foreign Affairs and Trade; Justice and Equality; Communications, Climate Action and Environment; Housing, Planning and Local Government; and the Minister of State for Defence. Also in attendance were key personnel from the Defence Forces and an Garda Síochána together with a number of senior Civil Servants.
The Committee is due to meet again later this week.
Questions Nos. 39 to 45, inclusive, resubmitted.
Questions Nos. 46 to 56, inclusive, answered orally.
Departmental Legal Cases
Ceisteanna (57, 70)
Catherine Connolly
Ceist:57. Deputy Catherine Connolly asked the Minister for Justice and Equality if he has satisfied himself that the €500 to €1,000 fee to be paid by asylum seekers or their employers fully complies with the Supreme Court decision in a case (details supplied) wherein the freedom of asylum seekers to work was recognised as an inherent part of their constitutional rights to human dignity; and if he will make a statement on the matter. [5697/18]
Amharc ar fhreagra
Donnchadh Ó Laoghaire
Ceist:70. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he will revise the conditions he has outlined as an interim arrangement for the right to work of asylum seekers further to the adoption of Directive 2013/33/EU; and his views on whether the interim arrangement is in keeping with and consistent with the decision of the Supreme Court in a case (details supplied). [5562/18]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 57 and 70 together.
The Government had two options to respond to the Supreme Court Judgment which acknowledges that a constitutional right to seek employment exists where no temporal limit is set for the processing of protection applications. It could have responded narrowly to this judgment by setting a temporal limit. Instead it decided to opt-in to the EU (recast) Reception Conditions Directive bringing Ireland into line with our EU partners and place the entire system on a legislative basis, which will be subject to EU oversight. This is a significant and important reform, not only in addressing the issue of labour market access but also extending to children’s rights, rights for unaccompanied minors, vulnerable people, new appeals processes, healthcare and education provision.
During the course of the debate in the Joint Oireachtas Committee on Justice and Equality, and in both the Seanad and the Dáil, I outlined the proposal and rationale for opting into the EU (recast) Reception Conditions Directive under the terms of Protocol 21, annexed to the EU Treaties. I also outlined the compliance process involved with the EU Commission which they require, and which will take four months to complete.
Because of this timeframe, it was necessary to address the situation that will exist from 9 February until the opt-in process is completed. During this interim period, those seeking international protection will have access to the labour market through the existing employment permit regime in the same manner as other Third County nationals. In addition to accessing the employment permits regime, the Government decided to offer early certainty to those seeking self-employment from February 9 and prior to any confirmation of our opt-in. In this regard, I used my executive power to provide an additional access for qualified applicants to engage in self-employment on terms that can be mirrored in a permanent scheme once the process of compliance with the Directive is completed with the EU Commission.
I am satisfied that the interim arrangements, which removed the temporal limit of access to the workplace, is in keeping with the decision of the Supreme Court. My colleague the Minister for Business, Enterprise and Innovation has responsibility for the employment permits regime including the criteria, terms and applicable fees. I understand that generally, any fees accompanying such access are usually paid by the employer.
I would stress that the interim scheme is designed to be of very short duration until the opt-in process is completed. Once this happens, access to the labour market will be underpinned by EU law. I expect that this permanent scheme will provide for a broader access to the labour market for qualified applicants – the details of which will be worked out and announced in the coming months taking all factors into account.
I am confident that this progressive approach by Government, which for the first time will see many elements of our protection process subject to EU law and verification by the EU Commission, will be a further major effective and reforming step as we seek to improve the standards of our reception conditions and determination of efficient protection applications.
Departmental Reform
Ceisteanna (58)
Jim O'Callaghan
Ceist:58. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the expected timeframe for the conclusion of the work to be carried out by the independent and change implementation group in respect of reform of his Department; and if he will make a statement on the matter. [5681/18]
Amharc ar fhreagraFreagraí scríofa
On Tuesday last, the Government approved the establishment of an independent Change Implementation Group for the Department of Justice and Equality.
It is undoubtedly the case that my Department plays a central role in the functioning of our society with a mandate which is complex, varied and challenging. Members of this House are aware that following the Toland report in 2014, the Department introduced a Programme for Change to implement the recommendations set out in that report. Implementing any programme of reform is always demanding but the Department has made good progress in implementing those recommendations. To continue that process of reform, it is intended that the Change Implementation Group will assess progress to date and support the implementation of any outstanding elements.
The Group's remit is not however limited to the Toland Report. The terms of reference include an examination of the relationship between the Department and An Garda Síochána and the work of the Commission on the Future of Policing and the Policing Authority will be particularly important in this regard.
I would like to put on record my thanks to the experts who have agreed to participate in the Change Group: Mr Padraig Ó'Ríordáin - who will Chair the Group, Ms Theresa Daly, Mr Andrew Algeo and Mr Kieran Coughlan.
The Group has been requested to provide an initial report by the end of June 2018, with quarterly reports to follow. I, as Minister, will then review the situation and provide a progress report and recommendations for any further action in the first quarter of 2019.
I would like to assure the House that the Change Implementation Group will receive every assistance from myself and the officials in my Department in the delivery of their work and I know that the Chair has already been in contact with senior management of the Department with respect to commencing that work.
Child Protection
Ceisteanna (59)
Jim O'Callaghan
Ceist:59. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the steps he is taking to protect against social media platforms being used by sexual predators to target children (details supplied); and if he will make a statement on the matter. [5680/18]
Amharc ar fhreagraFreagraí scríofa
The Government is committed to providing the necessary legislative and other tools required by An Garda Síochána in order to investigate sexual offences against children and bring perpetrators to justice, whether their offences are committed online or on the streets.
The Criminal Law (Sexual Offences) Act was enacted in early 2017. It is a wide-ranging piece of legislation, which significantly enhances laws to combat the sexual exploitation and sexual abuse of children. Specific offences have been provided for in this Act to target the recognised steps in what is often a gradual process of grooming a victim.
Among the provisions of the 2017 Act are measures to significantly strengthen the existing criminal law in combating child exploitation and, in particular, address the use of modern communication technologies as a tool, which may lead to child sexual exploitation.
Deputies will be aware that sophisticated grooming often involves seemingly innocent contact with, or befriending of, a child, perhaps through text messaging, social media or messaging apps. This may be followed by the exposure of the child to sexual images or content. Section 8 of the Criminal Law (Sexual Offences) Act 2017 provides for a specific offence of using information and communications technology to communicate with a child for the purposes of sexual exploitation. The new offences will allow An Garda Síochána to investigate and bring to justice online predators and carries a penalty of up to 14 years imprisonment.
Section 8 of the Sexual Offences Act 2017 also includes an offence of sending sexually explicit material to a child. This is in recognition that the intention behind this type of activity may be to expose the child to such material with a view to developing the child’s familiarity with such material or activity so as to facilitate the production of pornography or to meet the child for the purposes of sexual exploitation. The penalty for this offence is up to 5 years imprisonment.
Deputies will also be aware that child trafficking and exploitation (including the production of child pornography) are criminalised under of the Child Trafficking and Pornography Act 1998, as amended by Section 3 of the Criminal Law (Human Trafficking) Act 2008.
Finally, notwithstanding the significant strengthening of the law in the 2017 Act in relation to protecting children from sexual exploitation, I am keeping the need for further measures under close review. Indeed, I will shortly be bringing two sets of legislative proposals to Government relating to the sentencing of sex offenders and the post-release management of sex offenders, and I look forward to engaging with Deputies on these important issues.
Organised Crime
Ceisteanna (60)
Maureen O'Sullivan
Ceist:60. Deputy Maureen O'Sullivan asked the Minister for Justice and Equality if his attention has been drawn to concerns of residents in the north inner city of Dublin about the ongoing feud that has claimed many lives; if sufficient support and resources have been allocated to gardaí in the north inner city of Dublin; and if he will make a statement on the matter. [5650/18]
Amharc ar fhreagraFreagraí scríofa
At the outset it is important to note that the fatal shooting that took place last week in Dublin’s North Strand is currently under investigation by An Garda Síochána. The Deputy will appreciate that the manner in which particular investigations are conducted is solely a matter for the Garda Commissioner and his management team and I have no role in relation to such investigations. However, I met with the Garda Commissioner and members of his team yesterday and the response by An Garda Síochána to organised crime was one of the issues discussed.
This shooting occurred within days of the brutal killing of Derek Hutch near Cloverhill Prison and the non-fatal shootings which took place outside the National Stadium on the South Circular Road on 26 January 2018. I can assure the House that An Garda Síochána are also conducting comprehensive investigations into both these incidents and I wish them well with their enquiries.
Let me be clear. This type of criminal behaviour has no place in civilised society and will not be tolerated by An Garda Síochána or this Government. An Garda Síochána have faced down this type of threat in the past and will do so again.
I note that there has been some commentary recently to the effect that that the State provides less resources to policing organised crime north of the river Liffey. That assertion is ill-informed and unfounded. Garda operations in Dublin’s North Inner-City have been underpinned by the increased resources made available to An Garda Síochána by this Government. In Budget 2018, for example, approximately €100 million was made available for Garda overtime to support ongoing Garda operations, such as Operation Hybrid.
Gardaí have made significant progress in tackling the threat of organised crime, particularly in Dublin’s North Inner-City. Operation Hybrid has been established to coordinate the response to violent crime in Dublin and address public safety concerns about community safety, particularly in the North Inner City, and benefits from significant support by Armed Support Units. As of 21 January 2018 this response has included:
- 72 arrests;
- 13 charges in total (of which 10 charges related to murder investigations, 3 charges for related offences);
- 34 firearms seized (in relation to murder offences);
- In the region of 260 searches;
- 15,260 lines of enquiry conducted with more than 50,450 high visibility checkpoints implemented with significant support from Armed Support Units; and
- A significant amount of CCTV footage, mobile phone traffic, and forensic evidence has also been examined.
In addition, the conviction last week in the Special Criminal Court of Eamonn Cumberton for the murder of Michael Barr in the Sunset House pub in April 2016, and the convictions of two other men, apprehended in possession of a large number of firearms, were feud related. They came about as a result of concentrated efforts by An Garda Síochána to tackle the perpetrators involved in this ongoing feud. We have also seen reports of a series of very significant drugs seizures by An Garda Síochána, as well as important seizures of significant banking information used to fuel the activities of organised criminals. These seizures have significantly hampered the ability of these gangs to operate.
The Government enacted new legislation to further target criminal activities including the Proceeds of Crime (Amendment) Act 2016 which provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of.
While the allocation of Garda resources, including personnel, is a matter for the Garda Commissioner, the Minister for Justice and Equality is advised that since January 2017 a number of new Gardaí have been assigned to Store Street, Bridewell and Mountjoy Garda Stations. Furthermore, work is progressing towards the reopening of Fitzgibbon Street Garda station with funding for the project having been made available under the mid-term review of the Capital Plan 2015-2021.
There is also a dedicated Divisional Community Policing Office now based in Store Street for the North Central Division to ensure that the issues highlighted by the local community and stakeholders are dealt with expeditiously and effectively.
An Garda Síochána will not allow these criminals to prevail. They will ensure that the perpetrators of these heinous crimes will be apprehended and brought to justice as quickly as possible and I can assure the Deputy that these endeavours will continue to be fully supported by the Government.
Constitutional Amendments
Ceisteanna (61)
Joan Burton
Ceist:61. Deputy Joan Burton asked the Minister for Justice and Equality if he will report on the constitutional referenda scheduled for 2018. [1836/18]
Amharc ar fhreagraFreagraí scríofa
On 26 September 2017, the Government decided on an indicative timetable for a number of referenda to be held in 2018 and 2019. Under this timetable, and subject to passage of the necessary Bills by the Houses of the Oireachtas and formal confirmation of the polling date, it is proposed to hold referendums in October 2018 on the offence of blasphemy (Article 40.6.1°1) and on a woman's life within the home (Article 41.2). These referendums were the subject of recommendations made by the Convention on the Constitution and are included in the Programme for a Partnership Government.
The necessary preparatory work is continuing in my Department with regard to the policy approaches for both referenda in line with the timetable agreed by the Government.
Garda Data
Ceisteanna (62)
Mick Wallace
Ceist:62. Deputy Mick Wallace asked the Minister for Justice and Equality the number of senior Garda appointments made by the Policing Authority at each rank in the past six months; if he has satisfied himself that proper due diligence is being adhered in the way promotions are being conducted; if he has had contact with the Policing Authority about specific officers who have been promoted in the past six months; and if he will make a statement on the matter. [5673/18]
Amharc ar fhreagraFreagraí scríofa
As the Deputy will be aware, the Policing Authority assumed the function of selecting and appointing persons to the rank of Assistant Garda Commissioner, Chief Superintendent and Superintendent in An Garda Síochána on 1 January 2017. I wish to make it clear that, with the exception of members of the Police Service of Northern Ireland (PSNI) whose appointment by the Authority must be approved by the Government, I, as Minister, have no role in the selection and appointment of candidates to these ranks and that I have had no contact with the Authority nor would it be appropriate for me to have contact with the Authority in this regard.
Since assuming responsibility for this function, the Authority has run competitions for promotion to the ranks of Assistant Commissioner, Chief Superintendent and Superintendent. Following these competitions appointments have been made to each of the ranks.
In relation to the specific information requested by the Deputy I am advised that the Authority appointed 23 persons to the rank of Superintendent including a former member of the PSNI, 11 persons to the rank of Chief Superintendent and 2 persons to the rank of Assistant Commissioner in the last 6 months of 2017 and to date in 2018.
These competitions were conducted in accordance with the Garda Síochána Act 2005 (Appointments to the ranks of Assistant Garda Commissioner, Chief Superintendent and Superintendent) Regulations 2016 and the Authority’s Statement of Practice. In accordance with the Regulations the Authority has put in place a clearance process to establish the health and character of the candidates. This involves seeking information from the candidates, from their current employer and the relevant complaints Ombudsman in relation to any matters including disciplinary findings, criminal convictions or on-going complaints which the Authority takes into consideration in this regard. An appointment is only made by the Authority when it is satisfied with the outcome of this clearance process.
The Statement of Practice for these competitions sets out the practices which the Authority commits to in order to ensure the consistent application of best practice standards in regard to its process for selection and appointments, including for the clearance of candidates in advance of appointment. This Statement of Practice is published on the Authority’s website.
I commend the Authority on their achievement in completing these competitions in a timely and efficient manner so as to facilitate the making of appointments to fill vacancies as they arise without any undue delay.
National LGBTI Strategy
Ceisteanna (63)
Donnchadh Ó Laoghaire
Ceist:63. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the timeframe for the publication of the LGBT inclusion strategy announced by his Department; the details of the strategy; and if he will make a statement on the matter. [5564/18]
Amharc ar fhreagraFreagraí scríofa
Like all sides of the House, I want to build on Ireland’s favourable record in LGBTI equality matters in recent years and to harness momentum from the Marriage Equality Campaign.
Some preliminary work has commenced in my Department in relation to the development of a National LGBTI Strategy but I do not have an indicative timescale yet.
Officials of my Department are currently working with colleagues in other Government Departments on related matters: the review of the Gender Recognition Act under Minister Doherty and the development of the National Youth LGBTI Strategy under Minister Zappone.
I anticipate work on the LGBTI strategy will commence before either of these processes is finalised. It is obviously important to take cognisance of these deliberations and processes and the learning from them will inform the Strategy. It is particularly important that the National LGBTI Strategy should dovetail with the National Youth LGBTI Strategy.
I have, of course, been involved in the development of and the chairing of a number of other strategies in the equality area and I want to reflect on that experience and to consider the best way to approach the this particular task because it raises different issues.
I am strongly committed to this programme of work and looking forward to it so I have decided to personally oversee the strategy development process.
We are in a new space following the historic 2015 Marriage Equality referendum. It is important that the strategy should build on that ground-breaking achievement and provide an effective framework for action to advance equality for LGBTI persons in the years ahead.
Officials in the Department will shortly begin the process of engaging with NGOs to start a preliminary consultation process.
Garda Data
Ceisteanna (64)
Jim O'Callaghan
Ceist:64. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he will address the continuing failure of An Garda Síochána to publish the review that was due in June 2017 into homicide figures; and if he will make a statement on the matter. [5677/18]
Amharc ar fhreagraFreagraí scríofa
As I outlined to the Deputy in my earlier response, An Garda Síochána is working with the CSO to resolve an issue which emerged in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics is welcome in order to ensure that we can have confidence in the official crime statistics and can tailor our policies accordingly.
An Garda Síochána is working with the Central Statistics Office (CSO) to resolve an issue which emerged in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics is welcome in order to ensure that we can have confidence in the official crime statistics and can tailor our policies accordingly.
The Deputies will be aware that when a homicide occurs, the offence may be classified as murder, manslaughter or violent death. My understanding is that an issue emerged due to the fact that the classification of a crime may change as investigations evolve, for example, a murder charge may ultimately lead to a manslaughter conviction in the Courts, or an assault causing harm may subsequently result in a death some time later, necessitating a reclassification to murder or manslaughter.
I want to clarify that the issue about the classification of homicide statistics is not new. It was identified some time ago by the Gardaí themselves and intensive work has been ongoing to resolve the issue. This work involves An Garda Síochána, the Policing Authority, the CSO and my own Department.
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 under way, the CSO has suspended the publication of quarterly crime statistics, with the most recent published figures being for Q4 2016. The review by An Garda Síochána has not been published as it is not yet complete, however the details will be made public on completion.
I am extremely concerned about reports that unlawful deaths were not properly investigated. Any substantiated allegations of this kind would be very serious and a cause of grave public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clearly establish the facts.
I have not received any protected disclosures or allegations that unlawful killings have not been investigated, and Garda management are adamant that all unlawful killings are investigated. I have seen no evidence to the contrary but I have asked An Garda Síochána for further formal assurances in this regard.
While I note that a figure of 41 deaths requiring reclassification has been mentioned in public discourse, this is incorrect. An Garda Síochána has advised that their examination of 524 cases for the period 2013-2015 identified 41 cases which required further examination and, out of those 41 cases, 12 deaths were identified which required reclassifications on PULSE. In addition, a further ‘peer review’ verification process is underway in relation to these figures, as requested by the Policing Authority.
It is important to note that, in the review of the 41 cases, it was identified that each death was fully investigated by An Garda Síochána. An Garda Síochána has also indicated that their Family Liaison Officers were in contact with the families of the 12 deceased persons whose PULSE records required reclassification.
The Policing Authority continues to monitor this issue and ensure that there is independent scrutiny of how An Garda Síochána records data and I welcome their continued diligence in this matter. I also note the statement made by the Authority last week indicating that these issues will be considered again at the Authority’s meeting with the Garda Commissioner which will be held in public on 22 February 2018.
In advance of this meeting, I can also advise the Deputies that I, along with officials from my Department, will be meeting with representatives from the Policing Authority and An Garda Síochána tomorrow to discuss the progress being made on this important issue. I have also discussed this issue briefly with the Garda Commissioner yesterday during the course of one of our more general meetings.
Please be assured that my Department remains in close contact with the CSO, An Garda Síochána and the Policing Authority to ensure an early return to the publication of official Crime Statistics by the CSO at the earliest possible opportunity.
Insurance Fraud
Ceisteanna (65)
Michael McGrath
Ceist:65. Deputy Michael McGrath asked the Minister for Justice and Equality the status of the establishment of a fully functioning integrated insurance fraud database; and if he will make a statement on the matter. [4281/18]
Amharc ar fhreagraFreagraí scríofa
The Cost of Insurance Working Group's "Report on the Cost of Motor Insurance" (January 2017) includes a recommendation to establish a fully functioning integrated fraud database for industry to detect patterns of fraud managed by an independent not-for-profit body but funded by industry.
As recommendation lead, my Department established a working group to progress the related action points. The Group is made up of representatives from my Department, An Garda Síochána’s National Economic Crime Bureau (GNECB), Insurance Ireland and the Motor Insurers' Bureau of Ireland (MIBI).
The purpose of the recommended database is to reduce levels of fraud by providing access to details of incident data which can be used to detect patterns of potentially fraudulent behaviour.
As part of its consideration of the various policy and legislative issues relating to the database, the Group consulted with the Office of the Attorney General and the Office of the Data Protection Commissioner. The Group also considered the structure in operation in the UK and invited the UK Insurance Fraud Enforcement Department (IFED) of the City of London Police and the UK Insurance Fraud Bureau (IFB) to attend the Group and set out how the data sharing arrangements operate in that jurisdiction.
The Group has since completed a report which includes recommended parameters for the database, who will be responsible for administering the database and disseminating data and how the database will be funded.
The application of the General Data Protection Regulation (GDPR) with effect from 25 May 2018 and the related Data Protection Bill, which I launched last week with Minister of State Breen, will have a significant impact on any new data sharing arrangements between industry members and between the industry and An Garda Síochána. As such, the establishment of any new data sharing structures will require careful consideration against the impending changes to the legislative landscape. More generally, a critical balance will also be sought to ensure that data sharing between insurers is maximised while, at the same time, the data rights of the public are protected. Any changes, therefore, must be proportional to their effect.
The Group's discussions with the Office of the Attorney General, the Office of the Data Protection Commissioner and the respective UK bodies dealing with insurance fraud have been important in informing the report in respect of these data protection considerations.
The completed report will be submitted by my Department to the Office of the Attorney General and the Office of the Data Protection shortly for final consideration.