Tuesday, 27 Feb 2018

Written Answers Nos. 319-332

Cash for Gold Trade Regulation

Ceisteanna (319)

Robert Troy

Ceist:

319. Deputy Robert Troy asked the Minister for Justice and Equality his plans to regulate the trading of scrap metal and cash for gold outlets; and if he will make a statement on the matter. [9438/18]

Freagraí scríofa

Minister for Justice and Equality

The regulation of these two sectors is a commitment in the Programme for Government. My department is continuing to evaluate the scope of the sectors, with a particular focus on the Cash for Gold sector, with a view to determining the level of regulation which will be proportionate and appropriate.

I am of course keenly aware of the long standing public concern about the way in which Cash for Gold businesses might be abused by criminal elements, particularly burglars. This concern has been highlighted recently in media reports of such abuse. It is, however, important to recognise that regulation of this sector could potentially have a very significant impact on a broad range of businesses, such as jewellers and antique dealers. The regulatory and resource burden of such measures, both for the affected businesses and for the public service, requires careful examination to ensure that it is proportionate to the issue and carefully targeted.

This requires consultation with An Garda Síochána and other Government Departments and stakeholders, which is currently underway. There has already been one round of public consultation on the cash for gold issue, and this has been valuable in feeding into the continuing work within my Department to draw up a workable approach. It may be appropriate to consider a further round prior to finalising proposals for regulation. It is my intention that we will be in a position to publish these proposals within a year.

Firearms Licences

Ceisteanna (320)

Michael Fitzmaurice

Ceist:

320. Deputy Michael Fitzmaurice asked the Minister for Justice and Equality his plans to amend legislation to allow for persons to hold pepper spray or an electroshock weapon in their own homes for the purposes of self defence in view of recent reports that members of An Garda Síochána have used pepper spray more than 500 times in 2017; and if he will make a statement on the matter. [9442/18]

Freagraí scríofa

Minister for Justice and Equality

Pepper sprays and electroshock weapons are considered to be prohibited weapons under the Firearms Act 1925, as amended. A prohibited weapon is defined as a firearm under the same Act, and accordingly the restrictions that apply to firearms in the Firearms Acts apply to pepper sprays and electroshock weapons.  I have no plans to amend these provisions. 

In considering whether or not to grant licences for the possession, use or carriage of firearms, An Garda Síochána take into account a number of factors provided for in the relevant legislation. In this context, in September 2009, the Garda Commissioner issued revised guidelines in relation to the operation of the firearms legislation which are designed to be of benefit to both members of the Gardaí and members of the public.  

These guidelines state that:  “The protection of life and property is a function of the Garda Síochána and civilians are only entitled to use reasonable force to protect  themselves and their property.  The combined effect of this means that there is no justification for seeking to possess a firearm for purposes of personal protection or protection of property.  When assessing an application for a firearm certificate, a superintendent or chief superintendent should not take into account as part of a ‘Good Reason’ a reference to personal protection."

Garda Station Closures

Ceisteanna (321)

Eamon Scanlon

Ceist:

321. Deputy Eamon Scanlon asked the Minister for Justice and Equality the number of Garda stations that have been closed in each of the years 2012 to 2017 and to date in 2018, by location; the number of Garda stations open in counties Sligo, Leitrim, Donegal and Roscommon; and if he will make a statement on the matter. [9495/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will be aware that, during 2011 and 2012, An Garda Síochána completed a comprehensive review of its district and station network. The objective of this review was to identify opportunities to introduce strategic reforms to enhance service delivery, increase efficiency and streamline practices within the organisation.

The review concluded that a revised district and station network commensurate with the organisation’s resource base would best meet public demand.

In the case of certain stations, many of which were only open part-time and manned by a single Garda, the review determined that resources could be better deployed and more effectively used on the front line if those stations no longer had to be staffed and maintained.

In reaching these conclusions, Garda management reviewed all aspects of the Garda Síochána policing model, including the deployment of personnel, the utilisation of modern technologies and the overall operation of Garda stations.

As a result, the Garda District and Station Rationalisation Programme was implemented in 2012 and 2013.

This was reflected in An Garda Síochána’s Policing Plans for 2012 and 2013 which set out the details of the closure of 39 Garda stations in 2012 and 100 Garda stations in 2013 and the amalgamation of twenty eight Garda districts to fourteen enlarged Garda districts.

I have been informed by the Garda authorities that the closures allowed front line Garda to be managed and deployed with greater mobility, greater flexibility and in a more focused fashion particularly with regard to various targeted police operations. As a result of the Programme, communities have benefited from increased Garda visibility and increased patrolling hours which has enabled An Garda Síochána to deliver an improved policing service to the public.

The stations closed under the 2012 and 2013 Policing Plans are set out below:

No.	Garda Station	County	No.	Garda Station	County
1	Abbeydorney	Kerry	71	Glenville	Cork
2	Aclare	Sligo	72	Goleen	Cork
3	Adrigole	Cork	73	Grangemockler	Tipperary
4	An Clochán	Kerry	74	Harcourt Terrace	Dublin
5	Annagaire	Donegal	75	Hollymount	Mayo
6	Ardagh	Longford	76	Hollywood	Wicklow
7	Baldwinstown	Wexford	77	Inagh	Clare
8	Ballacolla	Laois	78	Inchigeela	Cork
9	Ballinahowan	Westmeath	79	Inistioge	Kilkenny
10	Ballinakill	Laois	80	Johnstown	Kilkenny
11	Ballinalee	Longford	81	Keshcarrigan	Leitrim
12	Ballinderry	Tipperary	82	Kilchreest	Galway
13	Ballinskelligs	Kerry	83	Kilcolgan	Galway
14	Ballinspittle	Cork	84	Kilconly	Galway
15	Ballintubber	Roscommon	85	Kilfinnane	Limerick
16	Ballinure	Tipperary	86	Kilgarvan	Kerry
17	Ballycastle	Mayo	87	Kill	Kildare
18	Ballyduff	Waterford	88	Kill O The Grange	Dublin
19	Ballyfarnon	Roscommon	89	Kilmeedy	Limerick
20	Ballyfeard	Cork	90	Kilmessan	Meath
21	Ballyforan	Roscommon	91	*Lisseycasey	Clare
22	Ballyglass	Mayo	92	Kiltealy	Wexford
23	Ballygurteen	Cork	93	Kiltullagh	Galway
24	Ballylongford	Kerry	94	Kiltyclogher	Leitrim
25	Ballymoe	Galway	95	Knockcroghery	Roscommon
26	Ballymore Eustace	Kildare	96	Knocknagree	Cork
27	Ballyragget	Kilkenny	97	Labasheeda	Clare
28	Ballytore	Kildare	98	Lahardane	Mayo
29	Ballyvary	Mayo	99	Lahinch	Clare
30	Ballywilliam	Wexford	100	Lauragh	Kerry
31	Barrack Street	Cork	101	Leenane	Galway
32	Bawnboy	Cavan	102	Leighlinbridge	Carlow
33	Beaufort	Kerry	103	Loughlynn	Roscommon
34	Bellacorick	Mayo	104	Malin	Donegal
35	Blacksod	Mayo	105	Mallow Road	Cork
36	Broadford	Clare	106	Mary Street	Limerick
37	Brosna	Kerry	107	McCurtain St	Cork
38	Bunnanadden	Sligo	108	Meelin	Cork
39	Camp	Kerry	109	Menlough	Galway
40	Carrigaholt	Clare	110	Mountshannon	Clare
41	Castletown Conyers	Limerick	111	Moyvane	Kerry
42	Castletown Geoghegan	Westmeath	112	Mulranny	Mayo
43	Castletownsend	Cork	113	Na Brocacha / Cloghan	Donegal
44	Church Hill (Min an Lábain)	Donegal	115	New Inn	Galway
45	Cliffoney	Sligo	114	New Inn	Tipperary
46	Clontibret	Monaghan	116	Newbliss	Monaghan
47	Cloone	Leitrim	117	Newtowncashel	Longford
48	Cootehall	Roscommon	118	Quin	Clare
49	Corrandulla	Galway	119	Rathduff	Cork
50	Corrinshigagh	Monaghan	120	Rathowen	Westmeath
51	Crossakiel	Meath	121	Rearcross	Tipperary
52	Culdaff	Donegal	122	Redhills	Cavan
53	Dalkey	Dublin	123	Rush	Dublin
54	Donard	Wicklow	124	Shanaglish	Galway
55	Doochary	Donegal	125	Shanagolden	Limerick
56	Doon	Limerick	126	Shannonbridge	Offaly
57	Doonbeg	Clare	127	Shantonagh	Monaghan
58	Dromahair	Leitrim	128	Smithborough	Monaghan
59	Dromod	Leitrim	129	Stepaside	Dublin
60	Drumkeeran	Leitrim	130	Stradbally	Waterford
61	Dundrum	Tipperary	131	Stradone	Cavan
62	Dunkineely	Donegal	132	Tarmonbarry	Roscommon
63	Easkey	Sligo	133	Terryglass	Tipperary
64	Fenit	Kerry	134	Tourmakeady	Mayo
65	Finea	Cavan	135	Tournafolla	Limerick
66	Galbally	Limerick	136	Tullyvin	Cavan
67	Geashill	Offaly	137	Tynagh	Galway
68	Gleann Cholm Cille	Donegal	138	Valentia Island	Kerry
69	Glenfarne	Leitrim	139	Whitehall	Dublin
70	Glenisland	Mayo

*With regard to Lisseycasey Garda station (No. 91), it should be noted that while Kilmihil Garda station closed in 2013 it was subsequently reopened in 2015 and Lisseycasey closed in its place.

The tables below contain details of Garda stations that are currently open in counties Sligo, Leitrim, Donegal and Roscommon:

Sligo – 11 Garda Stations

Sligo	Ballymote
Colloney	Enniscrone
Coolaney	Gurteen
Grange	Riverstown
Rosses Point	Tubbercurry
Skreen	-

Leitrim - 7 Garda Stations

Carrick on Shannon	Kinlough
Ballinamore	Manorhamilton
Carrigallen	Mohill
Drumshambo	-

Donegal - 37 Garda Stations

Letterkenny	Buncrana	Ballyshannon	Milford
Ballybofey	Burnfoot	Ardara	Bunbeg
Carrigans	Carndonagh	Ballintra	Burtonport
Castlefin	Clonmany	Bundoran	Carrigart
Convoy	Moville	Carrick	Creeslough
Lifford	Muff	Clogher	Dunfanaghy
Newtowncunningham		Donegal	Dungloe (An Clochan Liath)
Raphoe		Glenties	Falcarragh
-		Killybegs	Kerrykeel
-		Mountcharles	Kilmacrennan
-		Pettigo	Ramelton
-			Rathmullen

Roscommon - 14 Garda Stations

Roscommon	Castlerea
Athleague	Ballaghaderreen
Clonark	Ballinlough
Taughmaconnell	Boyle
-	Elphin
-	Frenchpark
-	Keadue
-	Rooskey
-	Strokestown
-	Tulsk

Immigration Status

Ceisteanna (322)

Mary Butler

Ceist:

322. Deputy Mary Butler asked the Minister for Justice and Equality the status of an application for residency by a person (details supplied); the determination date for same; and if he will make a statement on the matter. [9497/18]

Freagraí scríofa

Minister for Justice and Equality

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that it wrote to the person concerned on 21 February 2018 requesting further documentation in connection with their application for a residence card pursuant to the European Communities (Free Movement of Persons) Regulations 2015.

I am further informed that INIS requested that the information be submitted within 10 working days. I understand that INIS expects to issue a decision on the application for a residence card in March 2018 based on the information available at that stage.

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.

Crime Data

Ceisteanna (323)

Eamon Scanlon

Ceist:

323. Deputy Eamon Scanlon asked the Minister for Justice and Equality the number of burglaries recorded by An Garda Síochána in each district in the Leitrim and Sligo divisions in each of the years 2014 to 2017; and if he will make a statement on the matter. [9502/18]

Freagraí scríofa

Minister for Justice and Equality

The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose.  I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.

Departmental Funding

Ceisteanna (324)

Pearse Doherty

Ceist:

324. Deputy Pearse Doherty asked the Minister for Justice and Equality his Department's capital allocation in each of the years 2018 to 2022; and the areas to which funds will be allocated in each of those years. [9523/18]

Freagraí scríofa

Minister for Justice and Equality

The capital allocation for the Justice Vote Group over the period 2018 to 2022,  as published in the recent National Development Plan, is as follows:

Year	Allocation - € million
2018	145
2019	241
2020	230
2021	208
2022	216
Total	1,040

The precise breakdown of the budget across the votes and various projects will be dependent on the outcome of procurement competitions and the timing of expenditure but in broad terms the funding will mainly be allocated to the following areas: 

- Construction of the new Forensic Science Laboratory;

- Garda Síochána Building and Refurbishment Programme including completion of Divisional Headquarters in Galway and Kevin Street, Dublin together with replacement of the Harcourt Street Complex;

- Garda ICT Programme including completion of the implementation of Schengen Information system,

- Continuing Investment in the Garda Fleet;

- Prisons, Courts and Irish Naturalisation and Immigration Service ICT investment;

- Prison Building Programme including the redevelopment of Limerick Prison; 

- New or refurbished courthouses in a number of provincial cities and county towns.

Irish Youth Justice Service

Ceisteanna (325)

Thomas P. Broughan

Ceist:

325. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of persons employed in the Irish Youth Justice Service of his Department in each of the years 2014 to 2017 and to date in 2018; the role of each; and if he will make a statement on the matter. [8830/18]

Freagraí scríofa

Minister for Justice and Equality

I wish to advise the Deputy that my Department's team in the Irish Youth Justice Service is led by a Principal Officer and has responsibility for Youth Crime Policy and Programmes. Their role is to develop and support implementation of youth justice policy including funding and oversight of the operation and development of the nationwide network of Garda Youth Diversion Projects, in consultation with the Garda authorities, as well as supporting a number of other community programmes and projects.

The table below shows the staff numbers and grades  in the Irish Youth Justice Service from 2014-2018.

-	End 2014	End 2015	End 2016	End 2017	Current
PO	1	1	1	1	1
AP	1	1	1	2	2
HEO	1	1	1	1	1
AO				1	1
EO	5	5	4	2	2
CO	2	1	2	2	2
Total	10	9	9	9	9

Garda Resources

Ceisteanna (326)

Thomas P. Broughan

Ceist:

326. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if An Garda Síochána uses drones to support policing work; if so, the resources that have been provided for this purpose; and if he will make a statement on the matter. [9600/18]

Freagraí scríofa

Minister for Justice and Equality

As the Deputy will appreciate, the Garda Commissioner is statutorily responsible for the allocation and management of Garda resources in the State and I, as Minister, have no direct role in the matter.

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

Garda Data

Ceisteanna (327)

Thomas P. Broughan

Ceist:

327. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of vacancies in each Garda division for Garda juvenile liaison officers as of 31 December 2015, 2016 and 2017; and if he will make a statement on the matter. [9601/18]

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 advised by the Commissioner that Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme at local level. This role may include the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme as provided for in Part 4 of the Children Act 2001.

For the Deputy’s information I have attached in tabular form the total number of JLOs assigned to Garda Divisions for 2015 - 2017 and as of 31 January 2018, the latest date for which figures are readily available.

-				Juvenile Liaison Officers - 2015 to 31 January 2018
Division	2015	2016	2017	2018
D.M.R.S.C.	5	5	5	5
D.M.R.N.C	4	3	4	4
D.M.R.N.	13	13	12	12
D.M.R.E.	6	5	5	5
D.M.R.S.	10	10	10	10
D.M.R.W.	9	11	11	11
Waterford	4	3	4	4
Wexford	3	3	2	2
Kilkenny/Carlow	2	2	2	2
Tipperary	3	3	3	3
Cork City	7	7	10	10
Cork North	3	3	3	3
Cork West	2	2	2	2
Kerry	4	4	4	4
Limerick	6	4	5	5
Donegal	3	3	3	3
Cavan/Monaghan	2	1	2	2
Sligo/Leitrim	1	1	1	1
Louth	3	3	3	3
Clare	2	2	2	2
Mayo	2	2	2	2
Galway	4	4	3	3
Roscommon/Longford	2	2	2	2
Westmeath	2	2	2	2
Meath	3	3	3	3
Kildare	3	3	3	3
Laois/Offaly	2	2	2	2
Wicklow	4	4	4	4
Total	114	107	114	114

Garda Stations

Ceisteanna (328)

Bríd Smith

Ceist:

328. Deputy Bríd Smith asked the Minister for Justice and Equality his plans to open a Garda station in the Cherrywood area of Dublin; and the details of those plans. [9608/18]

Freagraí scríofa

Minister for Justice and Equality

The Deputy will appreciate that it is the Garda Commissioner who is primarily responsible for the effective and efficient use of the resources available to An Garda Síochána. This includes matters in relation to the opening and closing of Garda stations and, as Minister, I have no direct role in these matters.

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 Garda Commissioner's final report, which was noted by Government on 19 December 2017, recommends that the following six stations be included in the pilot: Ballinspittle, Co. Cork, Bawnboy, Co.Cavan, Leighlinbridge, Co. Carlow, Donard, Co. Wicklow, and Rush and Stepaside, Co. Dublin.

The Report also makes reference to the possibility of locating a Garda station at, for example, locations experiencing significant growth in population. In this regard, the Report references Cherrywood as one such area and I understand that An Garda Síochána is exploring the feasibility of such a proposition.

Protected Disclosures

Ceisteanna (329)

John McGuinness

Ceist:

329. Deputy John McGuinness asked the Minister for Justice and Equality if a reply will issue to correspondence; and if the person (details supplied) will be protected in line with whistleblower legislation. [9610/18]

Freagraí scríofa

Minister for Justice and Equality

The issues raised in the letter are being reviewed by officials in my Department and a reply will issue to the Officer in due course.

The Officer in question has raised a number of issues which have been and are being dealt with in line with the legislation on protected disclosures.

In addition to the proceedings in the Workplace Relations Commission (WRC) of which the Deputy is aware, my Department has engaged an external legal firm to independently examine other complaints set out by the Officer.  This process is underway and has been communicated to the Officer.

Film Industry

Ceisteanna (330, 331, 332)

Róisín Shortall

Ceist:

330. Deputy Róisín Shortall asked the Minister for Justice and Equality the way in which the pan European gaming information system or other age rating systems for video games is incorporated into Irish law; the penalties applying to retailers that sell games with a specific age rating to children below that age; the legislation in which this is set down; and if he will make a statement on the matter. [9619/18]

Róisín Shortall

Ceist:

331. Deputy Róisín Shortall asked the Minister for Justice and Equality the statutory body or bodies with responsibility for the age rating of video games. [9620/18]

Róisín Shortall

Ceist:

332. Deputy Róisín Shortall asked the Minister for Justice and Equality the way in which video games and gaming are regulated in terms of content, age rating, sale to minors, purchase of online upgrades, the prevalence of gambling and so on; and if he will make a statement on the matter. [9623/18]

Freagraí scríofa

Minister for Justice and Equality

I propose to take Questions Nos. 330 to 332, inclusive, together.

The legislation dealing with the sale and/or distribution of video games is the Video Recordings Act 1989. Video games are exempted works for classification purposes unless they fall within the terms provided for in section 3(1)(a) or (b), which covers the grounds for the prohibition of works.

Ireland is part of the Pan European Game Information (PEGI) system, which is a Europe-wide rating system with regard to video games. The Director of the Irish Film Classification Office (IFCO) is on the council of PEGI.

PEGI is not incorporated into Irish law. It is a European self-regulation initiative set up in 2003 to rate video games on the basis of age classification. These classifications are then subject to independent verification before a supply licence is issued to the publisher. Video games are classified by age appropriateness at the following age levels: 3+, 7+, 12+, 16+ and 18+.

I understand that it is now normal practice for IFCO to view video games which are rated as 18+ to allow the Director of Film Classification to form an opinion as to whether such games fall within the terms provided for in section 3(1)(a) or (b) of the Video Recordings Act 1989.

A key component of video game arrangements is that the classification systems set out above are designed to provide useful information as to the content of the product. In particular, the intention is to assist parents/guardians in making informed choices concerning the media they acquire for their children or which they permit their children to use.

In the context of the Questions raised by the Deputy, I take the reference to “prevalence of gambling” as relating to “in app purchases” or “loot boxes” which appear in video games to enable a player to increase the chance of success in the game. There is no element of gambling involved in such purchases. These purchases do not involve placing a bet or the taking of risk either on a party to party or exchange basis. I understand that such purchases, as an e-Commerce activity, are the responsibility of the Minister for Business, Enterprise and Innovation.