Tuesday, 20 Feb 2018

Written Answers Nos. 247-258

Garda Deployment

Ceisteanna (247, 248)

Aengus Ó Snodaigh

Ceist:

247. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of gardaí of each rank attached to Sundrive and Terenure Garda stations for each of the past ten years. [8579/18]

Aengus Ó Snodaigh

Ceist:

248. Deputy Aengus Ó Snodaigh asked the Minister for Justice and Equality the number of probationary and newly-commissioned gardaí that have been stationed at Sundrive and Terenure Garda stations in the past four years. [8580/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 247 and 248 together.

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 that Sundrive Road and Terenure Garda Stations are located in the Dublin Metropolitan Region (DMR) South Division. I am informed by the Commissioner that the strength of the DMR South Division on 31 December 2017 was 532. There are also 20 Garda Reserves and 36 Garda civilian staff attached to the DMR South Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the Armed Support Units, National Bureau of Criminal Investigation, 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 118 have been assigned to the DMR South Division with 16 and 14 assigned to Sundrive Road and Terenure Garda Stations respectively. 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.

In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and classroom based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.

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 DMR South Division.

For the Deputy’s information I have set out in tabular form the strength by rank of Terenure and Sundrive Road Garda stations as provided by the Commissioner, in each of the years 2007-2017.

TERENURE GARDA STATION STRENGTH 2007-2017
-	SUPT	INSP	SGT	GDA	TOTAL
2017	1	3	5	68	77
2016	1	3	13	62	79
2015	1	3	12	70	86
2014	-	3	14	74	91
2013	1	3	14	78	96
2012	1	3	15	79	98
2011	1	5	15	78	99
2010	1	6	16	82	105
2009	1	5	14	86	106
2008	1	6	16	85	108
2007	1	6	18	76	101

SUNDRIVE ROAD STRENGTH 2007-2017
-	SGT	GDA	Total
2017	5	54	59
2016	8	54	62
2015	7	57	64
2014	8	54	62
2013	9	57	66
2012	10	57	67
2011	11	60	71
2010	11	66	77
2009	9	70	79
2008	11	70	81
2007	11	67	78

Court Judgments

Ceisteanna (249)

Noel Grealish

Ceist:

249. Deputy Noel Grealish asked the Minister for Justice and Equality the number of cases of compensation for personal injury that have been struck out of court in the past five years due to the case being deemed fraudulent; the number of these cases subsequently referred to An Garda Síochána for investigation; the number of persons convicted of insurance fraud in each of the past five years; and if he will make a statement on the matter. [8610/18]

Freagraí scríofa

Minister for Justice and Equality

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

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that statistics are not compiled in such a way as to provide the information requested by the Deputy. I have requested the Courts Service to examine the requirements, including system development and resource issues, needed to enable the compiling of such statistics going forward.

The Deputy will also wish to be aware that the issue of fraud in the personal injuries litigation area is being examined as part of the ongoing work of the Cost of Insurance Working Group, which is chaired by my colleague Minister of State Michael D’Arcy. In January 2018, the Working Group produced its Report on the Cost of Employer and Public Liability Insurance which includes a number of specific recommendations in relation to insurance fraud in the personal injuries area including the production of statistics on complaints, investigations, prosecutions and convictions.

Employment Rights

Ceisteanna (250)

Fergus O'Dowd

Ceist:

250. Deputy Fergus O'Dowd asked the Minister for Justice and Equality if a reply will issue to correspondence from a person (details supplied) in relation to the right of asylum seekers to work; and if he will make a statement on the matter. [8624/18]

Freagraí scríofa

Minister for Justice and Equality

The Government had two options to respond to the Supreme Court Judgment which acknowledges that a constitutional right to seek employment exists where no temporal limit is set for the processing of protection applications. It could have responded narrowly to this judgment by setting a temporal limit. Instead it decided to opt-in to the EU (recast) Reception Conditions Directive bringing Ireland into line with our EU partners and place the entire system on a legislative basis, which will be subject to EU oversight. This is a significant and important reform, not only in addressing the issue of labour market access but also extending to children’s rights, rights for unaccompanied minors, vulnerable people, new appeals processes, healthcare and education provision.

During the course of the debate in the Joint Oireachtas Committee on Justice & Equality, and in both the Seanad and the Dáil, I outlined the proposal and rationale for opting into the EU (recast) Reception Conditions Directive under the terms of Protocol 21, annexed to the EU Treaties. I also outlined the compliance process involved with the EU Commission which they require, and which will take four months to complete.

Because of this timeframe, it was necessary to address the situation that will exist from the 9th February until the opt-in process is completed. During this interim period, those seeking international protection will have access to the labour market through the existing employment permit regime in the same manner as other Third County nationals. In addition to accessing the employment permits regime, the Government decided to offer early certainty to those seeking self-employment from February 9th and prior to any confirmation of our opt-in. In this regard, I used my executive power to provide an additional access for qualified applicants to engage in self-employment on terms that can be mirrored in a permanent scheme once the process of compliance with the Directive is completed with the EU Commission.

I am satisfied that the interim arrangements, which removed the temporal limit of access to the workplace, is in keeping with the decision of the Supreme Court. My colleague the Minister for Business, Enterprise and Innovation has responsibility for the employment permits regime including the criteria, terms and applicable fees. I understand that generally, any fees accompanying such access are usually paid by the employer.

I would stress that the interim scheme is designed to be of very short duration until the opt-in process is completed. Once this happens, access to the labour market will be underpinned by EU law. I expect that this permanent scheme will provide for a broader access to the labour market for qualified applicants – the details of which will be worked out and announced in the coming months taking all factors into account.

I am confident that this progressive approach by Government, which for the first time will see many elements of our protection process subject to EU law and verification by the EU Commission, will be a further major effective and reforming step as we seek to improve the standards of our reception conditions for those seeking international protection in Ireland.

Property Registration

Ceisteanna (251)

Seán Haughey

Ceist:

251. Deputy Seán Haughey asked the Minister for Justice and Equality if he has received representations to facilitate infrastructure projects such as aviation fuel pipelines by changing property ownership legislation relating to cases in which some property owners have their lands registered to the centre of the road; his plans to amend existing legislation in this context; and if he will make a statement on the matter. [8639/18]

Freagraí scríofa

Minister for Justice and Equality

I note that the question raised by the Deputy relates to policy issues regarding property registration and as such responsibility for this matter does not fall under the aegis of my Department. Legislation regarding the registration of property is governed by the Registration of Title Act 1964 and the Registration of Deeds and Title Act 2006.

Policy and legislative responsibility in relation to property registration, including responsibility for the Property Registration Authority, was transferred to the Minister for Housing, Planning and Local Government under Statutory Instrument No. 574 of 2017 – the Property Registration Authority (Transfer of Departmental Administration and Ministerial Functions) Order, 2017 with effect from 1 January 2018. Accordingly, the issues raised in the Deputy's Question are a matter for the Minister for Housing, Planning and Local Government.

Departmental Properties

Ceisteanna (252)

Róisín Shortall

Ceist:

252. Deputy Róisín Shortall asked the Minister for Justice and Equality the number of vacant habitable dwelling units and vacant derelict residential dwelling units in the ownership of or part ownership of or under the control of both his Department and agencies under his remit; the county in which each unit is located; the length of time each unit has been vacant; and if he will make a statement on the matter. [8669/18]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that the majority of properties occupied by my Department and its agencies are owned or leased on its behalf by the Office of Public Works (OPW).

I can confirm that my Department has no vacant habitable or derelict dwelling units in its ownership. Details in respect of agencies under my remit have been requested and will be forwarded to the Deputy as soon as possible.

Question No. 253 answered with Question No. 238.

Garda Deployment

Ceisteanna (254)

Micheál Martin

Ceist:

254. Deputy Micheál Martin asked the Minister for Justice and Equality the number of Garda inspectors in Cork city and county; the vacancies in this regard; and if he will make a statement on the matter. [8748/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner 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 in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

Appointments to the rank of Inspector are a matter for the Garda Commissioner under section 14 of Garda Síochána Act 2005.

I am advised by the Commissioner that the overall strength of the Inspector rank was 270 as of 31 December 2017, the latest date for which figures are available. I am further advised by the Commissioner that there is currently a competition in train for promotion to the rank of Inspector with the aim of bringing the strength to 300 as agreed under the Employment Control Framework. I am assured by the Commissioner that following completion of this competition the needs of all Garda Divisions including the Cork Divisions will be fully considered when determining the allocation of Garda Inspectors.

Garda Station Closures

Ceisteanna (255)

Micheál Martin

Ceist:

255. Deputy Micheál Martin asked the Minister for Justice and Equality to outline the status of the review of reopening Garda stations; and if he will make a statement on the matter. [8749/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will appreciate that the Garda Commissioner is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána, including responsibility for the formulation of proposals in relation to the opening and closing of Garda stations. As Minister, I have no direct role in the matter.

As the Deputy will be aware, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.

The Government noted the Garda Commissioner's final report, which was published on 19 December 2017 and is available on my Departments website at www.justice.ie. The report contains a recommendation that the six Garda stations to be included in the pilot comprise Rush, Co. Dublin, Ballinspittle, Co. Cork, Bawnboy, Co. Cavan, Leighlinbridge, Co. Carlow, Donard, Co. Wicklow, and Stepaside, Co. Dublin.

I understand that the Commissioner has written to the Office of Public Works to progress the matter. Once the specification has been agreed, the works will go to tender and will commence when the procurement process has been finalised.

Departmental Reform

Ceisteanna (256)

Micheál Martin

Ceist:

256. Deputy Micheál Martin asked the Minister for Justice and Equality if he and his officials have met the overseeing reform group that was appointed to oversee the implementation of the Toland report; if regular meetings will be held; if a process has been agreed; and if he will make a statement on the matter. [8751/18]

Freagraí scríofa

Minister for Justice and Equality

Both the acting Secretary General of my Department and I have met with the Chair of the Change Implementation Group. In line with its terms of reference, the Group will assess progress in implementing the recommendations of the Toland Report as well as review the culture of the Department and examine the relationship between the Department and An Garda Síochána.  I expect that there will be regular meetings throughout this process.

The Group is asked to provide progress reports to the Government and the Oireachtas and the first of these is due at the end of June, with quarterly reports thereafter. I, as Minister for Justice and Equality, will then review arrangements and provide a progress report and recommendations for any further action in the first quarter of 2019.

Garda Vetting of Personnel

Ceisteanna (257)

Willie O'Dea

Ceist:

257. Deputy Willie O'Dea asked the Minister for Justice and Equality if his attention has been drawn to the fact that a number of programmes that involve giving assistance to vulnerable young persons and special needs children on an occasional basis have been discontinued due to the host organisations wrongly interpreting the Children and Vulnerable Persons Act 2016; the action he will take to clarify the situation to enable these interactions to resume; and if he will make a statement on the matter. [8780/18]

Freagraí scríofa

Minister for Justice and Equality

Employment vetting is carried out by An Garda Síochána primarily in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016. The Deputy will understand that the primary purpose of the employment vetting carried out by the Garda National Vetting Bureau is to seek to ensure the safety of children and vulnerable adults.

In accordance with the legislation, registered organisations must obtain vetting for all persons seeking employment and volunteers, where the relevant work or activities of the position sought involves regular access to children or vulnerable adults. The requirements in this regard are set out in the legislation.

The Deputy will appreciate that it is of course a matter for individual organisations to ensure their compliance with the Act.

Immigration Data

Ceisteanna (258)

Clare Daly

Ceist:

258. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 122, 124, 125 and 127 of 7 December 2017, if the information requested will be provided. [8787/18]

Freagraí scríofa

Minister for Justice and Equality

In the Parliamentary Questions referred to, the Deputy sought information regarding Operation Gull dating back to 2008, as well as statistics relating to detentions, refusals of leave to land, and deportations.

In my original responses, I committed to exploring this matter further, and to getting in touch with you again.

It remains the case that An Garda Síochána have advised that gathering much of the data you have requested would require the expenditure of a disproportionate and inordinate amount of Garda resources and time. However, it has been possible to collate the following data relating to the top 10 nationalities refused permission to enter the State and the numbers for each of those 10 nationalities, overall numbers deported and the numbers transferred to another Member State under the Dublin Regulations.

Persons Refused Leave to Land (RLTL) for the years 2015, 2016 & up to 1st September 2017.

Ref No.	Nationality	2015	2016	1st Sep-17	Total
1	Brazilian	360	509	280	1149
2	Albanian	336	429	247	1012
3	South African	293	302	146	741
4	Pakistani	217	176	76	469
5	Chinese	180	109	48	337
6	American	176	257	129	562
7	Nigerian	159	118	52	329
8	Afghan	143	175	68	386
9	Malawian	134	17	4	155
10	Unknown**	127	127	98	352
Totals	-	2125	2219	1148	5492

** Persons who were Refused leave to land, but confirmation of the country of origin could not be established.

Deportation & Transfer Orders successfully executed for the years 2015, 2016 & up to 1st September 2017

Year	Deportations*	Transfers
2015	251	19
2016	428	42
2017	140	56

* Figures for deportations include those who left of their own volition.

I have referred this follow-up response to An Garda Síochána so that any further information they may have relevant to these matters can be provided by direct reply.