Tuesday, 13 Feb 2018

Written Answers Nos. 273-294

Crime Data

Ceisteanna (273, 274, 283)

Donnchadh Ó Laoghaire

Ceist:

273. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the timeline for completion and publication of the review into the misclassification of homicides. [7119/18]

Donnchadh Ó Laoghaire

Ceist:

274. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the last occasion, prior to meeting An Garda Síochána on 7 February 2018, on which he was updated by An Garda Síochána in relation to the review into misclassification of homicides; and the previous meeting prior to 7 February 2018 at which it was discussed. [7121/18]

Róisín Shortall

Ceist:

283. Deputy Róisín Shortall asked the Minister for Justice and Equality if An Garda Síochána has given him a formal assurance that all unlawful killings are properly investigated; the precise wording of this assurance; if he has satisfied himself with this assurance; and if he will make a statement on the matter. [7346/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 273, 274 and 283 together.

As I advised the Dáil last week, An Garda Síochána is working, with input from the Central Statistics Office (CSO) as appropriate, to resolve an issue which was identified by An Garda Siochána 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.

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 I am assured that intensive work has been ongoing to resolve the issue by An Garda Síochána with oversight from the Policing Authority, the CSO and my own Department.

The Deputy will be aware that this issue was already in the public domain at the time of my appointment as Minister for Justice and Equality. Since my appointment as Minister I have been briefed regularly on the issues relating to crime statistics. On 5 February, in the course of a wide ranging meeting with An Garda Síochána on policing issues, I was briefed on the issue by Acting Commissioner O Cualáin and his wider team. On 7 February I met the Chair and CEO of the Policing Authority with the Acting Commissioner and Deputy Commissioner to discuss the progress made to date in resolving this issue and progress yet to be made. I strongly underlined the need to have matters addressed on an urgent priority basis, while acknowledging the labour intensive complex work involved in cases stretching back over many years. An Garda Síochána outlined the process of the peer review currently being undertaken and other aspects of the ongoing process on which they will report to the Authority at their next scheduled public meeting on 22 February.

I support the Authority’s important work in relation to this matter and I understand that this issue will continue to be examined both in public meetings and in the ongoing work that takes place in between such meetings until the Authority is fully satisfied. This oversight is appropriate and welcome, as the Policing Authority was established by the Government as an independent body to oversee the performance of An Garda Síochána in relation to policing services in Ireland. Its key objective is to promote trust and confidence in policing and to help shape policing services for Ireland in the future. The Minister has full confidence in the ability of the Authority to do the work with which they are tasked.

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, 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.

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 by An Garda Síochána that each death was fully investigated by them and this has been stated both orally and in writing. I have received assurances from the Garda Commissioner that he is confident that all 41 cases which were identified by An Garda Síochána as requiring further examination have been properly investigated in accordance with Article 2 of the European Convention on Human Rights. This article, as the Deputy will be aware, protects the right to life and places an obligation on States to investigate suspicious deaths.

My Department remains in close contact with the CSO, An Garda Síochána and the Policing Authority to ensure a return to the publication of Crime Statistics by the CSO at the earliest possible opportunity.

Public Service Vehicles

Ceisteanna (275)

Thomas P. Broughan

Ceist:

275. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of SPSV licences that were revoked in each of the years 2015, 2016 and 2017; and if he will make a statement on the matter. [7172/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that the issuing and revoking of Public Service Vehicle (PSV) licences is an operational matter for An Garda Síochána.

I am advised by the Garda authorities that the Garda Commissioner’s functions pursuant to Section 70 of the Taxi Regulations Act 2013 to issue / revoke a PSV licence have been delegated by the Commissioner to each Divisional Officer and District Officer. The following table shows the number of PSV licences revoked by Garda Division each year for the period 2015-2017:

Division	2017	2016	2015
Cavan/Monaghan	0	0	0
Clare	0	0	0
Cork City	5	3	1
Cork North	0	0	0
Cork West	0	0	0
Donegal	1	0	1
Galway	3	1	0
Kerry	2	2	1
Kildare	0	1	0
Kilkenny/Carlow	1	0	0
Laois/Offaly	0	0	0
Limerick	0	1	0
Louth	0	2	0
Mayo	0	0	0
Meath	0	0	0
Roscommon/Longford	0	0	0
Sligo/Leitrim	1	0	0
Tipperary	1	0	0
Waterford	0	0	0
Westmeath	0	0	1
Wexford	0	0	0

The issuing/revocation of PSV licences for the Garda Divisions comprising the Dublin Metropolitan Region (DMR) are processed centrally by Chief Superintendent/Superintendent DMR Traffic and it is advised that, for the DMR, 7 licences were revoked in 2017, 5 in 2016 and 10 in 2015.

I am further informed by the Garda authorities that the data provided is provisional, operational and liable to change, and is valid to 8 February 2018.

Work Permits Eligibility

Ceisteanna (276)

Thomas Pringle

Ceist:

276. Deputy Thomas Pringle asked the Minister for Justice and Equality if a person who received a first instance decision from ORAC under the Refugee Act 1996 but has since been brought under the single procedure to be re-interviewed and has yet to receive a first instance decision under the International Protection Act 2015 is eligible to apply to the Department of Business, Enterprise and Innovation for an employment permit and-or the administrative scheme to provide international protection applicants with permission to be self employed; and if he will make a statement on the matter. [7181/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that on Friday last, 9 February, the Supreme Court made a Final Order striking down the prohibition on the right to seek work for protection applicants in the International Protection Act 2015. This effectively means that all applicants in the protection process may now apply for an employment permit from the Department of Business, Enterprise and Innovation. This is an existing scheme and the same conditions for eligibility are now being applied to international protection applicants as for all other non-EEA nationals. Full details can be found on the Department of Business, Enterprise and Innovation's website at www.dbei.gov.ie.

In addition to the employment permits regime, the Government decided to set up an administrative scheme to provide eligible international protection applicants with access to self employment from 9 February. In this regard, I used my executive power to provide an avenue for qualified applicants to engage in self-employment.  International Protection applicants who have not received a first instance decision within 9 months of the date of their application, if the delay is not through their own actions, who have made reasonable efforts to establish their identity, who have cooperated with the protection process and who have registered with the Revenue Commissioners are qualified to apply for a permission to access self employment. 

In the situation outlined by the Deputy, the applicant can apply for an employment permit from the Department of Enterprise, Business and Innovation. The applicant would also be eligible to apply for the self-employment scheme operated by my Department in accordance with the conditions outlined above.

The Deputy will be aware that the arrangements outlined above are interim in nature pending Ireland’s opt-in to the EU (recast) Reception Conditions Directive as set out in various statements in the Oireachtas and elsewhere. See for example my statement on 9 February available on www.justice.ie.

Naturalisation Applications

Ceisteanna (277)

Bernard Durkan

Ceist:

277. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application for naturalisation in the case of a person (details supplied); when the application is likely to be concluded; and if he will make a statement on the matter. [7195/18]

Freagraí scríofa

Minister for Justice and Equality

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the processing of the application for a certificate of naturalisation from the person referred to by the Deputy is ongoing and will be submitted to me for decision as expeditiously as possible.

As the Deputy will appreciate, the granting of Irish citizenship through naturalisation is a privilege and an honour which confers certain rights and entitlements not only within the State but also at European Union level and it is important that appropriate procedures are in place to preserve the integrity of the process.

It is recognised that all applicants for citizenship would wish to have a decision on their application without delay. While most cases are now generally processed within six months, the nature of the naturalisation process is such that, for a broad range of reasons, some cases will take longer than others to process.  In some instances, completing the necessary checks can take a considerable period of time.

Queries in relation to the status of individual immigration cases may be made directly to the INIS of my Department by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from the INIS is, in the Deputy’s view, inadequate or too long awaited.

Garda Data

Ceisteanna (278)

Jack Chambers

Ceist:

278. Deputy Jack Chambers asked the Minister for Justice and Equality the number of gardaí currently assigned to each divisional drug unit. [7200/18]

Freagraí scríofa

Minister for Justice and Equality

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 that the Garda strength of the Divisional Drug Units was 236 as of 31 December 2017.

As the Deputy will be aware all Gardaí have a responsibility in the prevention and detection of criminal activity whether it be in the area of drug offences crime or otherwise. I can assure the Deputy that An Garda Síochána continues to pro-actively and resolutely tackle all forms of drug crime in this jurisdiction.

An Garda Síochána's National Drugs and Organised Crime Bureau, which was established in 2015, continues to lead out the policing strategy for tackling drugs by demand reduction and supply reduction strategies. In this regard the Bureau continues its policy of working with Garda Divisional Drug Units nationwide in tackling supply reduction at local level.

This work is further supported by other national units, including the Criminal Assets Bureau, in targeting persons involved in the illicit sale and supply of drugs. This approach allows for the co-ordinated use of Garda resources in tackling all forms of organised crime, including illicit drug activity nationwide. Multi-disciplinary approaches are also utilised to ensure that those involved in illicit activity are effectively targeted including through the use of the proceeds of crime legislation, money laundering legislation and the powers of the Criminal Assets Bureau. I am informed that this approach adopts good practice in implementing a co-ordinated use of Garda resources and in utilising available criminal law to its fullest extent in tackling all forms of organised crime, including drug trafficking.

We have also seen unprecedented international cooperation between An Garda Síochána and policing services in other jurisdictions leading to important arrests and drug seizures.

Underpinning all these measures is this Government’s commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. I am informed by the Commissioner that since the reopening of the Garda College in September 2014, close to 1,600 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide.

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 he needs to allow him to deploy increasing numbers of Gardaí across the organisation including the Divisional Drugs Units.

I have provided for the record the detailed information requested by Deputy in tabular form as of 31 December 2017.

Strength of Divisional Drugs Units 31 December 2017

County	Number
CAVAN/MONAGHAN	5
CLARE	5
CORK CITY	17
CORK NORTH	5
CORK WEST	5
DMR EAST	11
DMR NORTH	19
DMR NORTH CENTRAL	14
DMR SOUTH	14
DMR SOUTH CENTRAL	9
DMR WEST	17
DONEGAL	4
GALWAY	9
KERRY	9
KILDARE	9
KILKENNY/CARLOW	5
LAOIS/OFFALY	5
LIMERICK	11
LOUTH	5
MAYO	6
MEATH	5
ROSCOMMON/LONGFORD	4
SLIGO/LEITRIM	14
TIPPERARY	12
WATERFORD	6
WESTMEATH	6
WEXFORD	5
WICKLOW	0
TOTAL	236

Garda Data

Ceisteanna (279)

Niamh Smyth

Ceist:

279. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of community gardaí assigned to each county in each of the years 2015 to 2017 and to date in 2018, in tabular form; and if he will make a statement on the matter. [7204/18]

Freagraí scríofa

Minister for Justice and Equality

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.

Community policing is at the heart of An Garda Síochána. It provides a means of recognising that every community - both urban and rural - has its own concerns and expectations. I am assured by the Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies. In addition, the National Community Policing Office, attached to the Garda Community Relations Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network. It is of course the case that all Gardaí have a role to play in community policing in carrying out their duties, not solely those assigned full-time as community Gardaí.

I have previously stated that I welcome the strong emphasis that the Commissioner's Modernisation and Renewal Programme 2016-2021 places 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 and Community Policing Fora in every District.

In terms of progress on this important initiative, I am informed that a draft Community Policing Framework which outlines the manner in which Community Policing Teams and Community Safety Fora will be established has been completed and is subject to internal review before being approved by the Garda Executive for implementation.

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. To make this a reality for all the Government has in place a plan for an overall Garda workforce of 21,000 personnel by 2021 including 15,000 Garda members.

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.

Real, tangible progress has been made towards this goal. Since reopening the Garda College in September 2014, nearly 1,600 new recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016. I am advised that there were 691 Garda assigned to community policing duties as of 31 December 2017, the latest date for which figures are readily available.

I am pleased to say 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 reach more than 14,000 by the end of 2018.

Undoubtedly, the on-going recruitment process will support all Garda activities and will enhance Garda visibility within our communities and the provision of effective community policing across all Garda Divisions.

I have requested the information sought from the Garda Commissioner and will communicate directly with the Deputy in due course.

Garda Data

Ceisteanna (280)

Michael McGrath

Ceist:

280. Deputy Michael McGrath asked the Minister for Justice and Equality the number of gardaí currently assigned to each station in the Togher Garda district in County Cork. [7213/18]

Freagraí scríofa

Minister for Justice and Equality

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.

The Deputy will be aware the Togher Garda District forms part of the Cork City Division. I am informed by the Commissioner that the strength of the Cork City Division on 31 December 2017 was 666, of whom 118 were attached to the Togher District.  There are also 42 Garda Reserves and 70 Garda civilian staff attached to the Cork City 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 38 have been assigned to the Cork City Division of whom 10 were assigned to Togher Garda Station.  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 Cork City Division.

For the Deputy’s information I have set out in tabular form the number of Gardaí attached to each station in the Togher Garda District as of 31 December 2017.

-	TOGHER  DISTRICT 31 DECEMBER  2017
Bishopstown	19
Carrigaline	20
Crosshaven	2
Douglas	19
Passage West	2
Togher	56
TOTAL	118

Ministerial Functions

Ceisteanna (281)

Ruth Coppinger

Ceist:

281. Deputy Ruth Coppinger asked the Minister for Justice and Equality if posthumous pardons for those who were convicted of offences that related to protests for the right of women to vote will be advanced; and if he will make a statement on the matter. [7300/18]

Freagraí scríofa

Minister for Justice and Equality

I thank the Deputy for raising this matter. I believe it fitting, a century on from when women first became eligible to vote, that we reflect on the significant role played by the pioneering women of the suffragette movement in shaping the world in which we live today.

The Deputy will be aware that the power of pardon rests solely with the President under the Constitution (Article 13.6), however the President may only grant a pardon on the advice of the Government (Article 13.9).

The issue that the Deputy raises is one that I believe merits further consideration. However, any process would have to take account of a range of factors, including the details of each individual case and the practical difficulties that might arise in assessing any such cases, given the passage of time and the lack of living witnesses.

Prison Service Data

Ceisteanna (282)

Seán Fleming

Ceist:

282. Deputy Sean Fleming asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 548 and 550 of 7 November 2017, when the information sought will be supplied; and if he will make a statement on the matter. [7320/18]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Director General of the Irish Prison Service that it is an occupational requirement for employment in the prison service that persons employed therein are fully physically capable of meeting the challenges of the job and are available to fully undertake the range of functions that they may be called upon to perform.

While the Irish Prison Service will endeavour to provide reasonable accommodations, within the constraints provided by the prison environment, it should be noted that there is no onus on the Service to provide such accommodations and this is reflected in the employment equality legislation, viz. Section 37 of the 1998 Employment Act:

“It is an occupational requirement for employment in the Garda Síochána, Irish Prison Service or any emergency service that persons employed therein are fully competent and available to undertake, and fully capable of undertaking, the range of functions that they may be called upon to perform so that the operational capacity of the Garda Síochána or the service concerned may be preserved.”

The Irish Prison Service is committed to the provision of workplace rehabilitation that supports and enables injured or sick employees to remain at work or return to the workplace at as early a time as possible.  Re-familiarisation with the workplace, or ‘easing back in’, can be very important where a staff member has been absent with illness for a lengthy period.

In order to ensure these posts are kept available for as many staff as possible to aid in their recuperation and return to duty, the Irish Prison Service introduced the Policy for Accommodations (Rehabilitative/Restricted Duties) in July 2014.

This Policy allows for staff to return from sick leave on ‘lighter duties’ where the CMO has confirmed that they are likely to be in a position to return to full duties within 3 months.  The Irish Prison Service does not have capacity to accommodate staff on longer periods of these duties as there are very limited posts available.  In addition to the Policy these posts are required for pregnant staff.

Extensions to a period of recuperative/restricted duties can only be considered in exceptional circumstances where the serving prison officer has the potential to return to full time duties.  There are currently 6 staff who have had their period of recuperative/restricted duties extended, on the advice of the CMO, to over 6 months.  Their cases have been referred again to the CMO with a view to them returning to full duties in the coming weeks.

In response to the Deputy’s second query, there are 5 staff who are on long term restricted duties.  Their cases predate the introduction of the Irish Prison Service Accommodations(Rehabilitative/Restricted Duties) Policy.

Question No. 283 answered with Question No. 273.

Equality Issues

Ceisteanna (284)

Robert Troy

Ceist:

284. Deputy Robert Troy asked the Minister for Justice and Equality his views on the inequality of car rental companies seeking a doctor's note when leasing a car to a person over 75 years of age (details supplied); his views on whether this practice is age discrimination on behalf of the companies involved; and if he will make a statement on the matter. [7378/18]

Freagraí scríofa

Minister of State at the Department of Justice and Equality

Ireland has comprehensive and robust equality legislation in place – namely the Employment Equality Acts 1998-2015 and the Equal Status Acts 2000-2015 – which prohibits discrimination on ten specific grounds – Age; Gender; Sexual orientation; Civil status; Family status; Religious belief; Disability; Race, colour nationality, ethnic or national origins; Membership of the Travelling Community; and being in receipt of housing assistance. The legislation is designed to promote equality and prohibit discrimination (direct, indirect and by association) and victimisation; it also allows for positive measures to ensure equality across the ten grounds.

The Equal Status Acts 2000-2015 outlaw discrimination outside the workplace, in particular in the provision of goods and services, selling, renting or leasing property and certain aspects of education. Equality legislation also provides for remedies for those who have suffered discrimination.

There have been successfully negotiated changes to existing practices under the Equal Status Acts. As a result, car hire firms agreed to the following changes to the pre-2009 terms and conditions:

1. a blanket ban on drivers over 75 years of age was removed;

2. the automatic daily surcharge for drivers over 70 years of age was abolished;

3. a safety assessment form was introduced. This form takes due and proper account of individual drivers’ health, driving experience and existing motor insurance policy, as well as a requirement that a doctor's letter be provided, certifying that the person is in good health.

As the Deputy is aware the regulation of motor insurance and road traffic matters are complex. There is, for example, a minimum age set before one can hold a driving licence and if a person is over the age of 70, they will need certification of fitness to drive by their doctor in order to apply for a driving licence.

The Irish Human Rights and Equality Commission (IHREC) is Ireland’s national equality body and deals with a range of EU anti-discrimination measures and it is also Ireland's human rights institution. The IHREC is independent in the discharge of its functions, which include: the protection and promotion of human rights and equality and the provision of information to the public in relation to the Employment Equality Acts 1998-2015 and the Equal Status Acts 2000-2015. It has powers of investigation and can provide advice and assistance to persons who consider that they have experienced discrimination. It is open to any person to make contact with the Commission to inquire as to what advice and assistance may be available in their particular circumstance. IHREC can refer a case of perceived discrimination to the Workplace Relations Commission (WRC) for investigation and adjudication.

The Workplace Relations Commission (WRC) (formerly the Equality Tribunal) would be the appropriate avenue to adjudicate or mediate claims of unlawful discrimination under equality legislation.

It is open to a person who wishes to challenge practices which are perceived as unlawful discrimination to take a case to the WRC: https://www.workplacerelations.ie/en/Complaints_Disputes/Refer_a_Dispute_Make_a_Complaint/How_to_Make_a_Complaint_Refer_a_Dispute.html.

Forensic Science Ireland

Ceisteanna (285, 286, 287, 288, 289, 290)

Donnchadh Ó Laoghaire

Ceist:

285. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if salary negotiations will be allowed in the current grade III forensic scientist recruitment campaign. [7421/18]

Donnchadh Ó Laoghaire

Ceist:

286. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on whether the lack of success of previous recruitment competitions for grade III forensic scientists was affected or informed by the inability to negotiate salary for new entrants. [7422/18]

Donnchadh Ó Laoghaire

Ceist:

287. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on whether he should seek an exemption from the Department of Public Expenditure and Reform to the rule that starting pay be above the minimum for the competition for recruitment within Forensic Science Ireland; and if he has discussed this with the Minister for Public Expenditure and Reform. [7423/18]

Donnchadh Ó Laoghaire

Ceist:

288. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on whether, in the context of ensuring proper staffing levels in Forensic Science Ireland and in view of the competition for recruitment within this field, applicants in recent years should be placed on a point on the grade III salary scale which reflects previous salaries, qualifications and experience. [7424/18]

Donnchadh Ó Laoghaire

Ceist:

289. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the staff numbers in Forensic Science Ireland for each of the past eight years. [7425/18]

Donnchadh Ó Laoghaire

Ceist:

290. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he has satisfied himself with the staff numbers in Forensic Science Ireland in view of the increased workload it faces, including the implementation of the national DNA database in the past two years and the implementation of the PRUM treaty obligations; and his plans to increase numbers. [7426/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 285 to 290, inclusive, together.

Forensic Science Ireland (FSI) plays a major and valued role in the investigation of crime in Ireland.

Insofar as recruitment to FSI is concerned, there is no evidence that the most recent recruitment competitions for Forensic Scientist Grade III have not been a success. As the table shows, 16 persons have already been assigned from the latest competition and recruitment from that competition is on-going.

Competition year	Number on panel	Number assigned
2015	15	6
2017 (current panel)	28	16
Total	43	22

As of now, there is no evidence that the starting salary for Forensic Scientist Grade III has been a major impediment to recruitment - that is not to rule out the possibility that it may have been a factor in the rejection of employment in individual cases. The situation will, however, be kept under review.

In light of future developments, including its move to a state-of-the-art laboratory in Backweston, and its merger with the Garda Technical Bureau, as recommended by the Garda Síochána Inspectorate in 'Changing Policing in Ireland', FSI is currently reviewing its workforce strategy. The output from this work will be considered by my Department in due course.

Finally, the following table shows the staff numbers in FSI at the end of the past eight years and today:

End Year	Total staff
2010	97
2011	96
2012	98
2013	95
2014	92
2015	88
2016	99
2017	103
Current	105

Drugs Seizures

Ceisteanna (291)

Michael McGrath

Ceist:

291. Deputy Michael McGrath asked the Minister for Justice and Equality the quantity and estimated street value of an illegal drug (details supplied) seized for each year since 2014; and if he will make a statement on the matter. [7427/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy is referring to the substance called "fentanyl". Fentanyl is a powerful synthetic opioid analgesic, similar to morphine but considerably more potent. It is typically used in the medical profession to treat patients with severe pain, to manage pain after surgery, or to treat patients with chronic pain who are physically intolerant to other opioids. 

I am informed by the Garda Authorities that there were no seizures of Fentanyl recorded from 2014-2016.  In 2017, 990 grams of the drug with an estimated street value of €64,364 was seized based on analysis of the drugs undertaken by Forensic Science Ireland (FSI). The estimated street value of the drug data provided by FSI is calculated on the basis of current market value of drugs at street level in this jurisdiction, which is the subject of regular review by the Garda Drugs and Organised Crime Bureau.

I am advised by the Garda Authorities that the data provided is valid to 8 February 2018 and is operational and provisional and therefore liable to change.

Garda Youth Diversion Projects

Ceisteanna (292)

Aengus Ó Snodaigh

Ceist:

292. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality when the review of the Kerry Garda youth diversion programme, GYDP, pilot will be completed; and the reasons the decisions being made regarding a move towards tendering are being implemented for other GYDPs in view of the fact the report on the pilot is not yet completed. [7428/18]

Freagraí scríofa

Minister for Justice and Equality

A divisional Garda Youth Diversion Project (GYDP) service delivery model was introduced in County Kerry in 2015.  This new pilot approach, known as the Kerry Realignment Project, was implemented by Kerry Diocesan Youth Services in conjunction with the Kerry Division of An Garda Síochána.

I am advised that an independent evaluation of the operation of this model was commissioned by the Irish Youth Justice Service (IYJS) last year and a report in this regard is expected shortly.

The Deputy might note that my Department is obliged to carry out a call for proposals process in relation to GYDP services in 2018 as these projects are co funded by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020. The call for proposals must take place irrespective of the Kerry Realignment Project evaluation.

GYDPs deliver a valuable service to young offenders and provide an effective and essential support to the operation of the statutory Garda Diversion Programme by An Garda Síochána. The call for proposals provides the opportunity to update and improve the operating model of a very valuable service.  The new model will ensure state-wide coverage of GYDP services for young people who have committed a crime or engaged in anti-social behaviour, which does not exist at present.

While certain aspects of the new service model have been determined, IYJS is currently undertaking an extensive consultation process with all relevant stakeholders with a view to informing further development of the model in advance of the call being issued.

The findings of the independent evaluation of the Kerry divisional model will further assist in the development of GYDP services generally.

Garda Youth Diversion Projects

Ceisteanna (293)

Aengus Ó Snodaigh

Ceist:

293. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the reason it has been decided to move towards a tendering model for Garda youth diversionary programmes, GYDPs; and the assessments that have been made on the impact this will have on independent GYDPs, their staff and the communities they serve. [7429/18]

Freagraí scríofa

Minister for Justice and Equality

I can inform the Deputy that my Department is obliged to carry out a call for proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services, to fully comply with requirements related to the co-funding of projects by the European Social Fund Programme for Employability, Inclusion and Learning 2014-2020.

GYDPs deliver a valuable service to young offenders and provide an effective and essential support to the operation of the statutory Garda Diversion Programme by An Garda Síochána. The call for proposals provides the opportunity to update and improve the operating model of a very valuable service.  The new model will ensure state-wide coverage of GYDP services for young people who have committed a crime or engaged in anti-social behaviour, which does not exist at present.

In relation to the impact of the new approach on existing service providers, I am advised that the Irish Youth Justice Service is currently engaged in an extensive consultation process with relevant stakeholders in relation to all aspects of the GYDP change programme, with a view to the further development of the service delivery model prior to the call for proposals being issued.

Crime Levels

Ceisteanna (294)

Donnchadh Ó Laoghaire

Ceist:

294. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the status of the scoping exercise to produce a SAVI II report; and when the process will be completed. [7431/18]

Freagraí scríofa

Minister for Justice and Equality

A scoping group has been established to consider the availability of data and make recommendations on a study to identify the prevalence of sexual abuse and violence in Ireland today, and emerging trends. The agreed terms of reference for the scoping group are available on my Department's website. They provide that the group will report to the Cabinet Committee on Social Policy within 3 months of the first meeting of the group. The group first met on 5 January and is scheduled to report by 5 April.

Work is progressing, following a workplan agreed by the group, with a view to reporting within the timescale envisaged in the terms of reference.