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Tuesday, 6 Feb 2018

Written Answers Nos 66-85

Child Protection Guidelines

Ceisteanna (66)

Catherine Connolly

Ceist:

66. Deputy Catherine Connolly asked the Minister for Justice and Equality if an examination of the implementation of the recommendations of a person's (details supplied) audit of the exercise by An Garda Síochána of the provisions of section 12 of the Child Care Act 1991 in respect of specific actions to be taken by An Garda Síochána has been carried out; if so, if the recommendations have been implemented; if not, the reason therefor; his plans to address the gaps in implementation; and if he will make a statement on the matter. [5698/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Commissioner of An Garda Síochána engaged the professional services of Professor Geoffrey Shannon, Special Rapporteur on Child Protection, to conduct an independent audit of the exercise by An Garda Síochána of section 12, Child Care Act, 1991.

The final Report was published on 29 May 2017 and was welcomed by An Garda Síochána. While there were shortcomings identified by Professor Shannon, particularly in relation to inter-agency cooperation, it is worth noting that one of the main findings of the Report was that the exercise of section 12, Child Care Act, 1991 by members of An Garda Síochána has been necessary, proportionate and legal in its performance and without discrimination.

I am advised by the Garda authorities that the findings and recommendations of the Report have now been carefully examined by An Garda Síochána and responsibility for the implementation of its recommendations rests with the National Child Protection Unit within the Garda National Protective Services Bureau, under the direction of Assistant Commissioner, Special Crime Operations.

I understand that work is ongoing to implement the recommendations and liaison is continuing with Professor Shannon, with an Action Plan now in place. A National Child-Safe-Guarding Strategic Liaison Committee, comprising representatives from An Garda Síochána and TUSLA has also been established in order to progress those recommendations common to both organisations. Further consultation on joint working and information-sharing by An Garda Síochána and TUSLA is being examined by the Office of the Minister for Children, the Department of Children and Youth Affairs, Professor Shannon, the Ombudsman for Children, with senior representatives from An Garda Síochána and TUSLA.

 An Garda Síochána, under the direction of Assistant Commissioner, Special Crime Operations and D/Chief Superintendent, Garda National Protective Services Bureau will liaise with all stakeholders, both within An Garda Síochána and externally, with TUSLA, my Department and other State and Non-Government Agencies to ensure the implementation of the other conclusions and recommendations included in the Report, in order to ensure An Garda Síochána and other State and Non-Government agencies continues to improve the services provided to the most vulnerable in our communities.

The Government has already dedicated substantial resources for investment in Garda IT infrastructure. A total of €342 million has been provided between 2016 and 2021, including €217 million in additional funding in the Capital Plan, and this investment will undoubtedly support a wide range of improvements to Garda systems, including PULSE.

The Deputy will also be aware that many of the issues highlighted in the Report come within the remit of my colleague the Minister for Children and Youth Affairs. I will, of course, assist Minister Zappone in addressing these issues where necessary, and I can assure the Deputy that An Garda Síochána will be fully supported in pursuing the very necessary reforms to policies, procedures and practices that are identified in the Report.

Road Traffic Offences Data

Ceisteanna (67, 72)

Thomas P. Broughan

Ceist:

67. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of monthly arrests of persons who have tested positive for drugs at mandatory intoxicant-testing checkpoints nationally during 2017; and if he will make a statement on the matter. [5296/18]

Amharc ar fhreagra

Thomas P. Broughan

Ceist:

72. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of mandatory intoxicant-testing checkpoints nationally during 2017; the number of motorists who have tested positive for drugs at these checkpoints; and if he will make a statement on the matter. [5295/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 67 and 72 together.

While An Garda Síochána has been testing Irish drivers for drugs, with the assistance of the Medical Bureau of Road Safety (MBRS), since 1999, the Minister for Transport, Tourism and Sport commenced the drug driving provisions in the Road Traffic Act 2016 on 12 April 2017. One of the key measures in the legislation provides for Preliminary Drug Testing, which now enables Gardaí to test motorists at the roadside, whom they suspect of driving under the influence of drugs.

The drug testing devices (Dräger DrugTest 5000) involve testing a sample of a driver’s oral fluid (saliva) for the presence of cannabis, cocaine, opiates (e.g. heroin, morphine) and benzodiazepines (e.g. valium). These devices are also be available in Garda stations.

I am advised by the Garda authorities that the following represents the number of positive roadside drug tests conducted each month since the commencement of the legislation on 13 April 2017 to 31 December 2017.

April

3

May

5

June

10

July

4

August

15

September

6

October

12

November

13

December

22

Total

90

Of those 90 positive tests, I am informed that 89 persons were arrested, with one person having tested positive passing the subsequent impairment test.

I am also advised by Garda authorities that records indicate that 52,395 Mandatory Intoxicant Testing checkpoints were conducted by An Garda Síochána following the commencement of the relevant legislation in April 2017 to end December 2017.

It should be noted that the statistics provided are provisional, operational and subject to change and are valid as of 1 February 2018.    

Crime Data

Ceisteanna (68)

Seán Sherlock

Ceist:

68. Deputy Sean Sherlock asked the Minister for Justice and Equality if he has satisfied himself that the recording of statistics relating to the incidence of domestic burglaries as reported to An Garda Síochána is completely accurate. [5560/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Central Statistics Office (CSO) as the national statistics agency, is responsible for the publication of the official recorded crime statistics. I understand that the CSO has already carried out two detailed reviews of crime data quality, in 2015 and 2016, and that further general reviews of crime data quality are planned. The CSO's involvement is key to the ongoing work to enhance the quality of crime statistics.

I understand that CSO plans to recommence publication of the official crime statistics in the first half of this year. However, in the meantime provisional statistics released by An Garda Síochána last month indicate a significant drop in burglary rates for the two month period of November / December 2017. I would caution that all these figures are provisional until such time as the publication of the official crime statistics by the CSO has recommenced. I am further informed that the CSO is likely to note the statistics as ‘under reservation’ which indicates that, while the statistics have been determined to be of sufficient quality to allow publication, the ongoing issues mean that the quality does not yet meet the higher standard required of official statistics.

The CSO is engaging with An Garda Síochána and other crime statistics users, including my Department and the Policing Authority, in relation to the issues that need to be resolved by An Garda Síochána in order for the data to reach the required standard.

Policing Authority

Ceisteanna (69)

Seán Sherlock

Ceist:

69. Deputy Sean Sherlock asked the Minister for Justice and Equality the consultations he has had with the Policing Authority regarding the development of the policing plan and related performance targets for An Garda Síochána; and if he will make a statement on the matter. [5556/18]

Amharc ar fhreagra

Freagraí scríofa

The levels of service to be provided by the Garda Síochána are set out each year in the annual policing plan. The independent Policing Authority is required under the Garda Síochána Act 2005, as amended, to determine priorities and targets for An Garda Síochána in performing its functions relating to policing services. As the Deputy will appreciate, I, as Minister, have no direct role in the development of the plan.

In developing the policing priorities for 2018, the Authority has had regard to the programme for Government, the Strategy Statement for An Garda Síochána 2016-2018, the Garda public attitudes survey, consultation with the Garda Síochána and other key stakeholders, concerns expressed by members of the public and civil society and in the media, and priorities for previous and comparator policing plans.

The Garda Síochána Policing Plan is prepared by the Garda Commissioner having regard to the priorities set by the Policing Authority. In accordance with the Act, the Garda Commissioner has submitted the 2018 Policing Plan to the Policing Authority and in the aftermath of further consultation with An Garda Síochána, the Authority has recently submitted the Plan for my approval.

Once agreed, the Policing Plan will be laid before the Houses of the Oireachtas.

Question No. 70 answered with Question No. 57.

Garda Reports

Ceisteanna (71, 104)

Paul Murphy

Ceist:

71. Deputy Paul Murphy asked the Minister for Justice and Equality his plans to discuss the report into the Jobstown protest given to him by An Garda Síochána on 26 July 2017 with the acting Garda Commissioner; if he will recommend changes in Garda procedures; and if he will make a statement on the matter. [5683/18]

Amharc ar fhreagra

Paul Murphy

Ceist:

104. Deputy Paul Murphy asked the Minister for Justice and Equality if he has examined the report into the Jobstown protest given to his Department on 26 July 2017 by An Garda Síochána; and if he will make a statement on the matter. [5682/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 71 and 104 together.

I can inform the Deputy that I have examined the report referred to in his questions.

As the Deputy is aware, the criminal investigations and court proceedings relating to water-charge protests in Jobstown were dealt with by the appropriate State authorities. Following a Garda investigation and consideration by the DPP, the matters in question were brought to trial, and a duly constituted jury gave its verdict. That is absolutely in keeping with our system of justice and the separation of powers, which is designed to ensure justice and equity before the law. These matters have been fully aired and brought to a conclusion before the Courts.

Operational policing matters are a matter for the Garda Commissioner and his management team. The former Commissioner Nóirín O’Sullivan commenced a review into the policing response and subsequent investigation of what had happened at Jobstown in November 2014. We need to let that review take its course.

More generally, if people have concerns about the way that Gardaí behaved in relation to this or any other matter, they do not need to await the outcome of the internal review. There are well-established procedures for pursuing such matters, and the Deputy will be aware of the role of the Garda Síochána Ombudsman Commission (GSOC) in this regard. This avenue of complaint equally applies if people are concerned with the behaviour of individual members of An Garda Síochána when they interacted with the Courts process.

Question No. 72 answered with Question No. 67.

Garda Expenditure

Ceisteanna (73)

Seán Sherlock

Ceist:

73. Deputy Sean Sherlock asked the Minister for Justice and Equality if his attention has been drawn to the November 2017 report of the Policing Authority on matters arising at the Garda training college in Templemore and in particular in relation to the 19 recommendations arising from the interim audit report. [5558/18]

Amharc ar fhreagra

Freagraí scríofa

On receipt of the Garda Síochána Internal Audit Report on "Financial Procedures in the Garda College" in March 2017 and in view of the gravity of the issues raised, my predecessor immediately requested the Policing Authority to oversee the implementation of the recommendations of the Report and to report back on a quarterly basis in relation to progress being made.

I have received three reports from the Authority to date. The report to which the Deputy refers is the second report which was laid before the Houses as required by the Garda Síochána Act 2005.  The Authority's assessment in this report reflects considerable progress by An Garda Síochána in implementing the recommendations.  The report records that 11 of the 19  recommendations as completed or closed.

The Authority submitted its third quarterly progress report to me last week. I intend to make arrangements to have it laid before the Houses as soon as practicable. The report is positive and reports progress in relation to each of the 19 recommendations.  While the Authority's assessment remains that 11 of recommendations are complete or closed it is satisfied that progress is being made in respect of the outstanding 8 recommendations. These outstanding recommendations broadly relate to the transfer of lands from Sportsfield Co Ltd to the Office of Public Works (OPW), the winding up of the Sportsfield Co, the regularising of the status of the employees attached to the College restaurant and the closing of certain bank accounts.

In particular, considerable progress is noted in relation to the regularising the status of the employees of the College restaurant.  The Authority has approved the appointment by the Garda Commissioner of the staff of the restaurant as his employees. I understand that arrangements to put this in place are in train.

The report also records that considerable progress has been made in relation to the closure of the College bank accounts with only four remaining open.  It is expected that this number will be reduced further when the staff of the restaurant are transferred to the College payroll and the procurement process for the supply of goods to the restaurant is completed.

The Authority acknowledges that the recommendations relating to the transfer of land to the OPW may take some time to resolve due to the complexity of the issues involved but reports that it is satisfied that progress on the implementation of these recommendations continues to be made.

The Authority is to report again in July 2018 when it is expected that further progress on the remaining recommendations will be made.

Garda Civilian Staff Recruitment

Ceisteanna (74)

Peter Fitzpatrick

Ceist:

74. Deputy Peter Fitzpatrick asked the Minister for Justice and Equality his plans to increase the number of civilians in An Garda Síochána to more than 500 to address the capacity and critical skills gap across the organisation; and his further plans over the next number of years to address this skills gap. [5684/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware in accordance with section 26(1)(b) of the Garda Síochána Act 2005 as amended, the Garda Commissioner has statutory responsibility for the recruitment of civilian staff and I, as Minister, have no role in the matter. Section 19 of the Act governs the sanctioning of additional civilian staff for An Garda Síochána and requires the approval of the Policing Authority subject to my consent and that of the Minister for Public Expenditure and Reform.

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 and Transformation and Legal and 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.

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.

Garda Reports

Ceisteanna (75)

Mick Wallace

Ceist:

75. Deputy Mick Wallace asked the Minister for Justice and Equality if he has requested a report from the Garda Commissioner into payments to a company (details supplied) which breached public procurement guidelines; if the report will examine the relationship with the company and An Garda Síochána since 2009; the person or body that is conducting the report; if a timeframe for completion has been indicated; his plans to request the Comptroller and Auditor General to conduct such an exercise; and if he will make a statement on the matter. [5670/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the allocation and management of the Garda ICT budget is the responsibility of the acting Garda Commissioner as the Accounting Officer for An Garda Síochána and, as Minister, I have no function in relation to the matter.

In this context, the Commissioner is fully accountable to the Public Accounts Committee and the Comptroller and Auditor General in relation to expenditure from the Garda Vote. An Garda Síochána is also subject to the European Procurement Directives and National Public Procurement Guidelines.

I am advised that an annual "40/02" return is prepared by each public Vote Holding Body, including An Garda Síochána, for submission to the Comptroller and Auditor General in respect of spends on goods and services over €25,000 to a single supplier where there was no public procurement exercise, or where the items concerned are proprietary, or are covered by security exemptions.

I am informed that tender exercises have been completed or are underway to address the recurring contracts referred to in An Garda Síochána's 2016 return. 

I am informed by the Garda authorities that, specifically, a tender process is underway in respect of the ICT skilled resource requirement following receipt in late 2017 of the required sanction from the Office of the Government Chief Information Officer (OGCIO) and tender documentation is now being prepared for submission to the Office of Government Procurement (OGP). The sanction authorised the use of the OGP External ICT Resources Framework, which has only been available since August 2017) to meet the future requirement for skilled resources.

In addition, OGCIO sanction was recently sought to run tenders, utilising the OGP Framework, to cover IT operations and IT skilled resources. The sanction requests include a proposal to utilise the Framework to meet the requirement for external ICT support services.

Once the procurement process for these tenders has concluded, details of contracts will continue to be maintained by Garda Procurement and details published on the e-Tenders website. The process includes a built-in reminder system in relation to contract expiry thus facilitating notification to the business owners that a contract is due to be re-tendered.

I understand that an Internal Audit report in August 2017 raised some concerns and made a number of recommendations in relation to the procurement of certain services from the company concerned and that action is being taken to ensure that these recommendations are implemented.

I am satisfied that Garda management is acutely aware of the need to utilise the resources being made available to them in the most efficient and effective manner to deliver on the Garda ICT strategy, consistent with public procurement procedures.

Legislative Measures

Ceisteanna (76)

Donnchadh Ó Laoghaire

Ceist:

76. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to produce legislation to make the distribution of revenge porn an offence; and his views on the Law Reform Commission paper on harmful communications and digital safety (details supplied). [5563/18]

Amharc ar fhreagra

Freagraí scríofa

The Law Reform Commission report on Harmful Communications and Digital Safety recommends a range of new offences relating to the conduct of individuals on the internet.  Specifically, it recommends two new offences to deal with posting online intimate images without consent (so- called “revenge pornography”) and voyeurism.  It also proposes reform of the existing offence of harassment, to ensure that it includes online activity such as posting fake social media profiles; and a new separate offence of stalking, seen as an aggravated form of harassment, as well as reform of the existing offence of sending threatening and intimidating messages. 

My Department is responsible for keeping the criminal law up to date in this area. For example, the Criminal Law (Sexual Offences) Act 2017 addressed aspects of the LRC Report, including a number of measures to significantly strengthen existing criminal law in combatting child exploitation - in particular to address the use of modern communication technologies as a tool which may lead to child sexual exploitation.

Following a Government decision in December 2016, work had begun in my Department to address the main criminal law aspects of the LRC Report. As the Deputy will be aware, last week Deputy Brendan Howlin introduced a Private Member’s Bill on Harassment, Harmful Communications and Related Offences and the Government decided not to oppose it as it is broadly in line with the draft legislation under preparation in my Department.  That Bill has now progressed through second stage in the Dáil.  I have committed to working with colleagues across the political divide to ensure that we make rapid progress and enact legislation in this area at the earliest opportunity.

The Law Reform Commission's report also addresses a number of other regulatory issues that have implications across Government Departments. I welcome the fact that the report addresses the wider context within which law reform should be framed and that it has identified the need for education and empowerment, the need to strike the correct balance between the right to freedom of expression and the right to privacy, and the desirability of a graduated response where the criminal law is reserved for the most significant harm.    

The report also recommends the establishment of a Digital Safety Commissioner. This is one of a number of recommendations which will be discussed in detail at an Open Policy Debate on the subject of online content on 8 March 2018. This event is being organised by my colleague Minister Naughten with the support and participation of other Government Departments.  It is intended that the event will identify issues requiring further consideration and areas where additional cooperation between stakeholders would be beneficial. 

Garda Operations

Ceisteanna (77)

Martin Heydon

Ceist:

77. Deputy Martin Heydon asked the Minister for Justice and Equality the status of the resources provided to the winter phase of Operation Thor; the way in which it can help to address rural crime in areas such as County Kildare; and if he will make a statement on the matter. [5675/18]

Amharc ar fhreagra

Freagraí scríofa

I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property-related crime. Such incidents cannot be tolerated in our society and this Government will continue to support An Garda Síochána in tackling the gangs, including mobile criminal gangs, who target rural areas, including Co. Kildare.

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 Districts and I, as Minister, have no direct role in the matter. I can assure the Deputy that Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that optimum use is made of these resources.

I am informed by the Commissioner that the Garda strength of the Kildare Division on 31 December 2017, the latest date for which figures are currently available, was 360 Gardaí with 20 Garda Reserves and 30 Garda civilian staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau. Since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 80 have been assigned to the Kildare Division.

As the Deputy will be aware, very significant resources have been provided to An Garda Síochána, including an overtime allocation of almost €100 million announced in Budget 2018, to support large-scale policing operations including Operation Thor. It is also worth noting that Operation Thor has now entered its ‘Winter Phase’ which will run from 29 October 2017–1 April 2018. Indeed, provisional operational material, released by the Gardaí last month, 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. Of course, these figures should be viewed with caution until such time as the publication of the official crime statistics has recommenced.

The scale of Garda activity against burglary and property-related crime under Operation Thor has led to concentrated Garda activity. As of 18 January 2018, 105,790 targeted checkpoints and 99,210 crime prevention patrols have been conducted nationwide. To give you an idea of the impact of the Operation, I can inform you that this concentrated policing activity has produced in the region of 6,600 arrests and 7,420 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.

Operation Thor has targeted mobile criminal gangs engaged in burglary and related crimes and it is encouraging to note that since the launch of the operation in November 2015, the burglary figures have shown a significant downward trend. The CSO official recorded crime statistics for 2016 show a decrease in burglary offences of 30% when compared to the previous twelve-month period in 2015. This reflects the success of the concerted Garda drive against crime being implemented under Operation Thor.

The Capital Plan 2016–2021 provides for an investment of €46 million the Garda fleet. This is in addition to the investment of almost €30 million in the period 2013 to 2015. Indeed, in the period 2013 to end of 2017 almost €44 million will have been invested in the fleet with some 2,000 vehicles coming on stream in that period vehicles to ensure that the Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.

These additional investments in policing make it possible to maintain and extend a range of intensive policing operations, including the continued targeting of burglaries and related crime via Operation Thor.

This Government has also made it a particular priority to strengthen our legislative provisions through the enactment of the Criminal Justice (Burglary of Dwellings) Act 2015 which is targeted at repeat burglars who have previous convictions and who are charged with multiple offences of residential burglary. This new legislation is now available to support the work which is being carried out by An Garda Síochána under Operation Thor.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.

On 2 January 2018 I was pleased to announce that my Department will be providing an additional €50,000 in financial support to Community Text Alert Groups as a further measure in this Government's support to crime prevention. This is in addition to the €100,000 which I announced at the National Ploughing Championships in September 2017 . The Rebate Scheme, which also ran in 2016, will allow Text Alert Groups registered with An Garda Síochána to apply for funding to contribute towards their yearly running costs. The Text Alert Rebate Scheme will be administered by Muintir na Tíre and I would like to urge groups wishing to participate in the Scheme to contact Muintir na Tíre for more information. The website is www.muintir.ie.

Other policing initiatives include Theft Stop which was launched by the Gardaí and the Irish Farmers Association. Theft Stop is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID (such as an EirCode) and then registered on a nationwide database.

The Deputy will be aware that An Garda Síochána's Modernisation and Renewal Programme 2016-2021 places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.

The Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. A further 800 new Garda Recruits will enter the Garda College, an additional 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.

Departmental Correspondence

Ceisteanna (78)

Donnchadh Ó Laoghaire

Ceist:

78. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if his attention has been drawn to an international letter of request received by his Department and acknowledged in August 2017 regarding providing items in an archive (details supplied) to the police ombudsman in Northern Ireland; the actions his Department has taken since then; and the steps he is taking to ensure that the archive and relevant Garda files are made available to the police ombudsman in a prompt manner. [5565/18]

Amharc ar fhreagra

Freagraí scríofa

The Criminal Justice (Mutual Legal Assistance) Act 2008 provides for Competent Authorities to seek and afford assistance in relation to matters which are the subject of criminal investigations and/or criminal proceedings.  Such assistance is sought and provided on a confidential basis, as any public comment relating to a request for assistance may prejudice or impair the investigation giving rise to the making of a request.

That said, I can confirm for the Deputy that a request for Mutual Legal Assistance seeking Garda records in respect of the matter to which he refers was received and referred to An Garda Síochána. I am advised by the Garda Authorities that detailed work is currently being conducted in respect of the request and that An Garda Síochána is also liaising directly with the Office of the Police Ombudsman for Northern Ireland in order to assist its investigations to the fullest extent in accordance with law.

As the Deputy will appreciate, dealing with the legacy of the troubles on this island is a complex and challenging task. The Government remains fully committed to the framework of measures in the Stormont House Agreement as a means to address the needs of the many victims and their families.  The Government continues, with the British Government and the parties in Northern Ireland, to work to give effect to those measures.

Freedom of Information Requests

Ceisteanna (79, 83)

Mick Barry

Ceist:

79. Deputy Mick Barry asked the Minister for Justice and Equality his views on the Information Commissioner's recent rulings (details supplied) in favour of an organisation against his Department on a number of freedom of information requests pertaining to migrant non-EU fishers. [5660/18]

Amharc ar fhreagra

Mick Barry

Ceist:

83. Deputy Mick Barry asked the Minister for Justice and Equality the reason his Department has not yet provided an organisation's (details supplied) representative with files sought in view of the ruling by the Information Commissioner against his Department; and if he will make a statement on the matter. [5661/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 79 and 83 together.

I am advised by the Immigration and Naturalisation Service (INIS) of my Department that the decision of the Office of the Information Commissioner (OIC) referred to by the Deputy was notified to the Department on 25 January.  While it would not be appropriate for me to comment on a ruling of the Information Commissioner the Department will, of course, be complying with the terms of the ruling, in accordance with the time frames as set out in the FOI Act.

Garda Strength

Ceisteanna (80)

Frank O'Rourke

Ceist:

80. Deputy Frank O'Rourke asked the Minister for Justice and Equality the number of gardaí allocated to each Garda station in the Kildare north district in each of the years 2008 to 2017 and to date in 2018; the Garda rank allocation within each Garda station in the Kildare north district, for example, the number of gardaí, sergeants, detectives, superintendents and chief superintendents; and if he will make a statement on the matter. [5416/18]

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 am informed by the Commissioner that the Garda strength of the Kildare Division on 31 December 2017, the latest date for which figures are currently available was 360, an increase of 48 since 31 December 2015, with 20 Garda Reserves and 30 Garda civilian staff also attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime.  To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 80 have been assigned to the Kildare Division.  I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - an increase of over 600 since the end of 2016.

I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.  This year a further 800 new Garda Recruits will enter the Garda College.  Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.

In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training early in 2018.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division, including the Kildare Division.

The information as requested by the  Deputy in relation to the number of Gardaí assigned by rank to Celbridge, Clane , Kilcock, Kill, Leixlip, Maynooth and Naas Garda Stations in each of the years 2008-2017, and as of 31 December 2017, the latest date for which figures are currently available, is as set out as follows:

Celbridge Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

19

3

0

0

0

22

2009

16

2

0

0

0

18

2010

16

2

0

0

0

18

2011

15

2

0

0

0

17

2012

15

2

0

0

0

17

2013

12

2

0

0

0

14

2014

11

2

0

0

0

13

2015

11

1

0

0

0

12

2016

10

1

0

0

0

11

2017

10

1

0

0

0

11

Clane Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

7

1

0

0

0

8

2009

8

0

0

0

0

8

2010

8

2

0

0

0

10

2011

9

2

0

0

0

11

2012

8

1

0

0

0

9

2013

7

1

0

0

0

8

2014

6

1

0

0

0

7

2015

6

1

0

0

0

7

2016

6

1

0

0

0

7

2017

6

1

0

0

0

7

Kilcock Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

7

1

0

0

0

8

2009

7

1

0

0

0

8

2010

8

0

0

0

0

8

2011

8

1

0

0

0

9

2012

9

1

0

0

0

10

2013

8

1

0

0

0

9

2014

8

1

0

0

0

9

2015

8

1

0

0

0

9

2016

9

0

0

0

0

9

2017

9

1

0

0

0

10

Kill Garda Station 2008-2112*

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

2

1

0

0

0

3

2009

2

1

0

0

0

3

2010

3

1

0

0

0

4

2011

1

1

0

0

0

2

2012

1

1

0

0

0

2

* Kill Garda station was closed on foot of the Garda Síochána District and Station Rationalisation Programme.

Leixlip Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

24

4

0

0

0

28

2009

30

2

0

1

0

33

2010

28

5

1

1

0

35

2011

29

3

1

1

0

34

2012

25

4

1

0

0

30

2013

31

5

1

1

0

38

2014

28

4

1

1

0

34

2015

32

3

1

1

0

37

2016

34

6

2

1

0

43

2017

48

8

2

1

0

59

Maynooth Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

16

2

0

0

0

18

2009

13

2

0

0

0

15

2010

14

1

0

0

0

15

2011

12

1

0

0

0

13

2012

13

1

0

0

0

14

2013

11

2

0

0

0

13

2014

12

1

0

0

0

13

2015

12

1

0

0

0

13

2016

12

1

0

0

0

13

2017

12

1

0

0

0

13

Naas Garda Station 2008-2017

YEAR

GD

SG

IN

SU

CS

TOTAL

2008

84

15

2

1

1

103

2009

89

14

2

1

1

107

2010

84

14

1

1

1

101

2011

84

13

2

1

1

101

2012

83

16

2

1

1

103

2013

81

15

2

1

1

100

2014

78

15

2

1

0

96

2015

81

16

2

1

1

101

2016

82

14

2

1

1

100

2017

100

14

2

1

1

118

Organised Crime

Ceisteanna (81, 93)

Bernard Durkan

Ceist:

81. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if consideration will be given to making membership of organised criminal gangs illegal with a view to putting such members off the streets; and if he will make a statement on the matter. [5695/18]

Amharc ar fhreagra

Bernard Durkan

Ceist:

93. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if he will invoke special powers to curtail the activities of organised criminal gangs, thereby making membership of such gangs a criminal offence with a liability for a mandatory sentence in view of the continued apparent ease with which gangland wars continue with consequent loss of life and danger to the community at large; and if he will make a statement on the matter. [5696/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 81 and 93 together.

I can assure the Deputy that tackling organised crime activity is a key ongoing priority for both the Government and An Garda Síochána.

 An Garda Síochána's Policing Plan sets out the priorities of An Garda Síochána in tackling organised crime activity including its continued commitment to pro-actively target groups and individuals engaged in criminal activity, including organised criminal activities. 

 In tackling such activity, An Garda Síochána continues to develop and implement operations and strategies aimed at targeting, dismantling and disrupting criminal networks, utilising advanced analytical and intelligence methodologies. Multi-disciplinary approaches are also utilised to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted, including through the use of the proceeds of crimes legislation, money-laundering legislation, the provisions of the Criminal Justice (Amendment) Act 2009 relating to organised crime and the powers of the Criminal Assets Bureau.

While we should not underestimate the difficulties which the Garda authorities face in tackling organised crime activity, we continue to see the significant results of their efforts in the arrests made and persons being brought before the Courts, as well as the ongoing drugs and firearms seizures made. 

The question of providing for an offence of membership of a criminal gang,  in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation,  has arisen from time to time.

In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have.  Relationships in criminal gangs tend to be more fluid with shifting memberships,  alliances and a membership which may depend on circumstance. 

However, criminal legislation has been updated in recent years, with a view to  ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime.  

Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime.  These offences include participation in a criminal organisation and directing a criminal organisation.  The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences.  On conviction, this offence carries a penalty of up to life imprisonment.

The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.    

Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act. 

Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence. 

Immigration Policy

Ceisteanna (82, 87)

Alan Farrell

Ceist:

82. Deputy Alan Farrell asked the Minister for Justice and Equality the action he is taking to address the inadequacies and loopholes which exist in legislation governing the immigration system; and if he will make a statement on the matter. [5297/18]

Amharc ar fhreagra

Alan Farrell

Ceist:

87. Deputy Alan Farrell asked the Minister for Justice and Equality his plans to prepare and issue a White Paper to provide an overview of the entirety of the immigration laws and to identify the way in which the immigration system can be improved; and if he will make a statement on the matter. [5298/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 82 and 87 together.

By any standard Ireland operates an open immigration policy which often requires a flexible approach to respond to various requirements and needs.

The Programme for a Partnership Government contains a commitment to work with the relevant Oireachtas Committees to introduce a comprehensive Immigration and Residency Reform Bill. Work on such a Bill has not yet commenced, given other legislative priorities, but the intention remains that it will be progressed in line with the legislative priorities identified by Government. The development and promulgation of this legislation will provide a valuable opportunity for the engagement of all interested parties on our wider immigration system.

While work on this particular legislation has not progressed, that is not to say that there has been no reform of our protection and immigration systems. The last number of years has witnessed a broad range of reforms, many of which followed public consultation or other open forms of engagement with stakeholders and actors. Examples of recent immigration reforms include the following:

- The enactment of the International Protection Act 2015

- The Migrant Integration Strategy published in February 2017

- Regulatory Reforms of the International Education Sector and Student Immigration in 2011, 2014, and 2017

- The Policy Document on Non-EEA Family Reunification published in December 2013

- The civilianisation of border management at Dublin Airport beginning in 2014 and immigration registration in the Dublin Metropolitan District in 2016

- The introduction of an online appointment booking system for registration and visas introduced in 2015

- The Introduction of the Irish Refugee Protection Programme in response to the EU migration crisis

- Expansion of the Immigrant Investor Programme

- Introduction of the Short Stay Visa Waiver Programme and British Irish Visa Scheme

- Introduction of citizenship ceremonies with over 110,000 new citizenship certificates conferred since 2011.

All of the above point to a dynamic immigration service that is actively seeking to respond to the needs of its customers.

Question No. 83 answered with Question No. 79.

Garda Deployment

Ceisteanna (84, 100)

Brendan Smith

Ceist:

84. Deputy Brendan Smith asked the Minister for Justice and Equality if his attention has been drawn to the need to provide additional Garda personnel and resources to the Cavan and Monaghan Garda division in view of the particular policing needs of that Border division; and if he will make a statement on the matter. [5659/18]

Amharc ar fhreagra

Niamh Smyth

Ceist:

100. Deputy Niamh Smyth asked the Minister for Justice and Equality the position regarding the ongoing allocation of additional gardaí in counties Cavan and Monaghan; and if he will make a statement on the matter. [5663/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 84 and 100 together.

As the Deputies 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 am informed by the Commissioner that the Garda strength of the Cavan/Monaghan Division on 31 December 2017 was 329 with 11 Garda Reserves and 38 Garda civilian staff also attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom 40 have been assigned to the Cavan/Monaghan Division. I am pleased to say that Garda numbers, taking account of retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.

I am also pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the vision of an overall workforce of 21,000 by 2021 remains on track. This year a further 800 new Garda Recruits will enter the Garda College. Also 800 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.

In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.

This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division, including the Cavan/Monaghan Division.

The Deputies will also be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the scope and the value of the close and high quality co-operation between the two police services in combatting crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.

Garda Misconduct Allegations

Ceisteanna (85)

Mick Wallace

Ceist:

85. Deputy Mick Wallace asked the Minister for Justice and Equality the status of the investigation into the alleged involvement of Garda personnel in the drugs trade in the midlands region first reported in May 2014; and if he will make a statement on the matter. [5674/18]

Amharc ar fhreagra

Freagraí scríofa

As I have previously advised the Deputy, I am aware of the concerns regarding these particular allegations and I am anxious that any allegations of wrongdoing by members of An Garda Síochána are properly examined.

The investigation into the allegations of Garda members being complicit in the illegal sale and supply of drugs is a matter for the Garda Commissioner.  The Deputy will appreciate that I have no authority to direct the Commissioner in this regard.  The control, operation and direction of An Garda Síochána, is, by law, a matter for the Garda Commissioner.  Furthermore, it would be wholly inappropriate for me to seek to interfere in any investigation undertaken by An Garda Síochána.

As the Deputy is aware, allegations relating to these matters are currently with the Garda Síochána Ombudsman Commission. GSOC is statutorily independent in the performance of its obligations and this independence must be respected.

While I am committed to seeing these allegations properly examined, the investigations must be allowed to be conducted in a manner which is free from interference or intervention from outside.  As indicated previously, if at the end of these investigations there are still matters of concern, I will consider the matter at that time.

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