Written Answers Nos. 187-213
187. Deputy Niamh Smyth asked the Minister for Justice and Equality the status of a development (details supplied); the number of additional personnel being assigned to the station; the location from which they are being redeployed; and if he will make a statement on the matter. [10881/18]
Amharc ar fhreagraThe Deputy will be aware that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. As Minister, I have no direct role in these matters.
As the Deputy will be aware, the Garda Síochána Building and Refurbishment Programme 2016 – 2021, which is an ambitious 5 year building Programme reflecting the priorities of An Garda Síochána, will benefit some 30 locations throughout the State. I am informed by the Garda authorities that the Programme does not provide for significant building works at Cootehill Garda station.
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 understand that Cootehill Garda station forms part of the Baileboro Garda District in the Cavan/Monaghan Division. I am informed by the Commissioner that on the 31 January 2018, the latest date for which figures are readily available, the strength of the Cavan/Monaghan Division was 329, 66 of whom are assigned to the Baileboro District and 6 assigned to Cootehill Garda station. There are also 11 Garda Reserves and 38 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.
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 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 Garda Division, including the Cavan/Monaghan Division.
The number of newly attested Gardai allocated to the Cavan/Monaghan Division since the recommencement of recruitment is outlined below. It should be noted that Cootehill Garda station is not a training station.
|
DIVISION |
STATION |
2015 |
2016 |
2017 |
|
CAVAN / MONAGHAN |
MONAGHAN |
5 |
1 |
7 |
|
CAVAN |
5 |
7 |
10 |
|
|
CARRICKMACROSS |
5 |
I am also informed that the resourcing of each Garda region and division is fully considered within the overall context of the needs and requirements of Garda regions throughout the country. Garda personnel assigned throughout the country, together with overall policing arrangements and operational strategies, are continually monitored and reviewed. Such monitoring ensures that optimum use is made of Garda resources and the best possible Garda service is provided to the general public.
The allocation and transfer of Garda personnel is determined by a number of factors, including crime and non-crime workload, minimum establishment, population, area, policing arrangements, operational strategies and transfers applications, including welfare issues. When allocations are taking place, comprehensive consultation is carried out with local Garda management during which all factors are taken into consideration. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.
188. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question Nos. 653 of 16 January 2018 and 188 of 1 February 2018, the number of young children and teenagers ruled to have died in the past five years as a result of eating disorders. [10900/18]
Amharc ar fhreagraMy Department does not hold statistics on persons who may have died from eating disorders.
The Deputy may wish to contact the Department of Health.
189. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the support services in place to provide assistance to members of An Garda Síochána suffering from stress as a result of their employment; and if he will make a statement on the matter. [10945/18]
Amharc ar fhreagraI am assured by the Garda Commissioner that An Garda Síochána is committed to ensuring that members exposed to workplace stress receive the appropriate organisational response and in that regard there are a variety of supports in place for Garda members.
The Garda Employee Assistance Service is available to members of An Garda Síochána and supports them in managing and resolving personal and work-related difficulties. All employee assistance officers, and in the region of 250 of the peer supporters, are trained in critical incident stress management which is an intervention designed to prevent or mitigate psychological reactions to a critical incident. This intervention is delivered with the support of a mental health professional when required. Where necessary the services of the Occupational Health Department, headed by the Chief Medical Officer of An Garda Síochána, are made available to assist Garda personnel deal with stressful and extremely difficult situations in the workplace. This Service is staffed by a team of specialist occupational healthcare professionals supported by an administration team. The Service is dedicated to supporting the employees of An Garda Síochána to maintain their health and well-being in order to carry out their duties safely and effectively.
Since June 2016, a 24/7, 365 day Independent Helpline and Counselling Service is available to all staff within An Garda Síochána. This service is available for both work and personal difficulties. The service is not mandatory and is self-referral. Each member of the organisation may avail of six free sessions of counselling per year and an additional two will be provided if clinically approved. All appointments and consultants are arranged directly between the Service Provider and the staff member.
Since 1994 a Peer Supporter Programme has been in operation within An Garda Síochána to help Gardaí cope with the effect of a traumatic incident in the workplace. I understand that the programme has been found to be very helpful in assisting Garda members in the aftermath of a traumatic incident. The programme is delivered by over 850 Garda who are trained as peer supporters and are available in all Garda Districts to assist colleagues in the immediate aftermath of a traumatic incident. Following a traumatic incident, a peer supporter will contact the members concerned and offer support. In the event that the peer supporter deems it appropriate, they may refer the member to the Garda Employee Assistance Service.
190. Deputy James Lawless asked the Minister for Justice and Equality further to Parliamentary Question No. 232 of 20 February 2018, if the granting of probate in a case (details supplied) will be expedited; and if he will make a statement on the matter. [11040/18]
Amharc ar fhreagra196. Deputy James Lawless asked the Minister for Justice and Equality if the granting of probate in the case of a person (details supplied) will be expedited; and if he will make a statement on the matter. [11084/18]
Amharc ar fhreagraI propose to take Questions Nos. 190 and 196 together.
The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that a probate application has been received in this case and is currently being dealt with. The Courts Service has further advised that the Probate Office has been in touch with the applicant in this matter.
The Courts Service has also informed me that cases can only be given priority or expedited where there is a particular urgency or in extenuating circumstances. In such cases, it is open to the applicant to bring the matter to the attention of the Probate Office.
191. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of members of An Garda Síochána available to deal with policing the Drumcondra and Whitehall areas of Dublin; and if he will make a statement on the matter. [11067/18]
Amharc ar fhreagraAs 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 Garda 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. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am further informed by the Commissioner that the areas referred to by the Deputy are actively patrolled by both uniform and covert patrols attached to Santry and Mountjoy Garda Stations. There were 81 and 191 Garda assigned to Santry and Mountjoy Stations respectively on 31 January 2018, the latest date for which figures are readily available. 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.
I am advised 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 of whom 9 and 46 have been assigned to Santry and Mountjoy 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.
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 Garda Division.
192. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to ensure that persons aged between 14 and 18 years of age who gratuitously assault persons are brought to account as a determent from continuing their criminal activity; and if he will make a statement on the matter. [11068/18]
Amharc ar fhreagraThe Deputy will appreciate that the policing response to any incident of assault, or other crime, is a matter for An Garda Síochána, and that it is the function of the Director of Public Prosecutions to decide independently if a prosecution should be taken. Likewise, the imposition of particular penalties on those found guilty of offences is a matter for the Courts.
The statutory framework relating to young offenders is set out in the Children Act 2001. The Act requires the various authorities within the youth justice system to apply a series of incremental measures, ranging from diversion to community sanctions, with detention as a last resort.
The first main filter in the youth justice system is the Garda Diversion Programme, which, depending on the seriousness of the offence, may include an informal caution (without supervision) and a formal caution (with supervision), which are given to the young offender by a Garda Juvenile Liaison Officer. The Diversion Programme also incorporates elements of Restorative Justice including processes whereby the victim of the offence is provided the opportunity to meet with or have views presented to the young offender.
In addition, Garda Youth Diversion Projects (GYDPs) operate at local level as a further support to the Diversion Programme. The GYDPs aim to support young people to develop and mature through positive interventions and interactions with a local project. GYDPs provide a range of education and training programmes e.g. academic support, IT, employment preparation and specific job training.
The second main filter provided in the Children Act is the range of non-custodial sanctions available to the courts including court orders for dismissal; conditional discharge; the payment of fines or costs; compensation and the binding over of parents, and orders imposing a community sanction involving a suite of Probation Service supervised sanctions. In supervising community sanctions, the Probation Service uses the services of a number of community-based organisations with dedicated resources to work with young offenders.
Finally, and as a last resort, detention may be used.
193. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the reason he plans to outsource the juvenile deterrent program that is being operated effectively by community groups and which he is planning to outsource to private enterprise; and if he will make a statement on the matter. [11069/18]
Amharc ar fhreagraI take it that the Deputy is referring to the Garda Youth Diversion Programme, the operation of which is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs).
I can inform the Deputy that my Department is obliged to carry out an open call for proposals process during 2018 in relation to the provision of 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 are currently managed by a range of Community Based Organisations under the terms of Funding Agreements with my Department. It is open to the same organisations to apply under the Call for Proposals for future provision of the service. The Call for Proposals will allow for applications from any not-for-profit organisation with the necessary capacity and experience provide the required service.
While certain aspects of the new service model have been determined, my Department 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.
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.
194. Deputy Louise O'Reilly asked the Minister for Justice and Equality the number of prosecutions that have been made under the Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 since its inception; the number of offences enforced by An Garda Síochána under the Act; and if he will make a statement on the matter. [11070/18]
Amharc ar fhreagraI have requested a report from An Garda Síochána in relation to the statistics sought by the Deputy and I will be in contact with the Deputy directly on receipt of a Garda report.
195. Deputy Clare Daly asked the Minister for Justice and Equality his plans to implement the redress measures recommend by Mr. Justice Quirke, including back-dated pensions, access to a HAA standard card, access to the scheme for women who are deemed to lack capacity and funding for memorialisation in view of the appearance of the ombudsman at the Oireachtas justice committee to discuss his report Opportunity Lost. [11073/18]
Amharc ar fhreagraThe Government decision in relation to the terms of the Magdalen ex-gratia Scheme provides that it commences with effect from 1 August, 2013.
By way of general information, to date 687 women have received lump sum payments under the Scheme which provides for lump sum payments varying from €11,500 to €100,000 depending on the length of stay in the institution concerned. €25.7m has been allocated under the Scheme to date. Further, each woman is entitled to a top-up payment to bring her weekly income from the Irish State up to the equivalent of the Irish Contributory State Pension. A further €258,000 in legal costs has been paid out under the Scheme.
In relation to medical services, Judge Quirke recommended that the women should receive medical services equivalent to those provided by the holder of a HAA card. He also advised that not all of the services described in the Guide for women infected with Hepatitis C may be directly relevant to the Magdalen women.
Accordingly, the women are provided with an enhanced medical card (RWRCI card) which allows them access to a range of medical services and to primary and community health services. These services are free of charge and include GP services, prescribed drugs, medicines, aids and appliances, dental, ophthalmic and aural services, home support, home nursing, counselling services, chiropody, podiatry and physiotherapy. This is the same range of services as provided to HAA cardholders, the exception being medicines and treatments specific to Hepatitis C sufferers which clearly would not need to apply to Magdalen women. Provision for medical support for women residing abroad has also been made by way of administrative arrangements.
It might be noted that there is no means assessment for any of the above services provided to these women. In addition, they are exempt from charges for acute in-patient services and out-patient services.
In relation to capacity, there has been a delay in making payments to certain women where there are issues relating to capacity, which may render them vulnerable to financial exploitation. Pending the commencement of the Assisted Decision Making (Capacity) Act, 2015 and the establishment of the Decision Support Service, my officials have been encouraging the use of other options to allow payments to be made and they continue to examine what other options may be available.
Overall, 45 applicants were identified as not having the necessary capacity to sign legal documents. That number has now reduced to 15, mostly through capacity re-assessment or being made Wards of Court. Unfortunately 7 persons have died, and in all cases awards were made to their estate. Of the remaining 15 cases, 3 are in the application process to be made Wards of Court.
I have considered the report of the Ombudsman and I intend to meet with him in the coming weeks.
In relation to the memorial, in December 2017 Dublin City Council (DCC) announced that it will carry out a significant commercial redevelopment of the Sean McDermott Street site and confirmed that there will be a Magdalen Memorial at the site. I wish to provide support and assistance for this project and Officials from my Department have met with DCC officials in this regard. I am also aware of a proposed conference later this year and I have offered my support for this initiative to the Justice for Magdalenes Research Group.
197. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Question No. 100 of 22 February 2018, if he will use his discretion to extend a visa in the case of a person (details supplied); and if he will make a statement on the matter. [11103/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned entered the State on 4 March 2016 following their application under the Working Holiday and Internship Programme - Ireland's Working Holiday Agreement (WHA) with Canada.
In line with the terms and conditions of this Agreement the person concerned was granted, on arrival in the State, the maximum 24 months permission permissible to remain in the State. Accordingly their current permission expired as of 4 March 2018.
Concerning the question's reference to an extension I would draw the Deputy's attention to the specific wording in this bilateral Agreement, as published on www.dfa.ie, which states that "...permission to those entering Ireland on the Working Holiday Authorisation shall be valid for a maximum of twenty four (24) months from the date of entry into Ireland [and that] extensions to the period of validity of such permission shall not be granted. Participants must leave Ireland on the expiration of their permission which cannot be extended, either under the authorisation itself, or through attempting to convert it to a different form of immigration status."
In view of the terms of this Agreement, I regret to convey that I am not in a position to grant any further permission beyond this date.
There is of course nothing to prevent the person concerned from re-entering the State at a future date. However, entry to the State remains at the discretion of the Immigration Officer at the point of entry.
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.
198. Deputy Sean Fleming asked the Minister for Justice and Equality the number of compulsory retirements on ill health grounds in the Irish Prison Service in each of the past 20 years; the number that were work related and non-work related respectively; and if he will make a statement on the matter. [11105/18]
Amharc ar fhreagraI wish to advise the Deputy that the Irish Prison Service unfortunately only holds statistics in relation to ill health retirements from 2006 onwards.
The following are the number of ill health retirements from the IPS in each year since 2006:
2006 12
2007 26
2008 7
2009 22
2010 13
2011 7
2012 6
2013 8
2014 6
2015 10
2016 19
2017 17
2018 (to date) 4
The records do not categorise these retirements as being compulsory or on the initiative of the officer, or whether the illnesses were work-related or not. I can, however, inform the Deputy that virtually all recent such retirements have been initiated by the officer him/herself.
199. Deputy Sean Fleming asked the Minister for Justice and Equality if his attention has been drawn to the circumstances surrounding officers out on sick leave which is work related and these officers being placed on TRR in view of he fact the Irish Prison Service will not allow them to return to the workplace even in circumstances in which the Office of the Chief Medical Officer has cleared them to return; and if he will make a statement on the matter. [11106/18]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that once an employee is removed from the payroll after reaching the maximum paid sick leave allowed under the Department of Public Expenditure and Reform Circular 12/2015, they may be entitled to Temporary Rehabilitation Remuneration (TRR).
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.
Employees absent on sick leave are routinely referred to the Office of the Chief Medical Officer (CMO) to obtain up-to-date medical advice. In the event that the Chief Medical Officer indicates that an employee is not yet fit for the full range of operational duties or contractual hours, s/he may be accommodated for a maximum of 3 months under the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties). This can only be considered where the CMO has advised that the officer is likely to be fit to carry out full duties in that timeframe.
An employee may be accommodated in a restricted role if a suitable post within the prison is available. 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 the event that a suitable post cannot be identified or is not available, the employee is required to remain on sick leave until such time as s/he is fit for full duties.
While the Irish Prison Service endeavours 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, i.e., section 37 of the Employment Equality Acts 1998 - 2015:
“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.”
Prior to the Employment Equality Act 1998, this aspect of employment in the Irish Prison Service was subject to the Employment Equality Act 1977. Section 12 of that Act stated:
(1) This Act does not apply to employment—
(a) in the Defence Forces,
(b) in the Garda Síochána,
(c) in the prison service, or
(d) in a private residence or by a close relative.
200. Deputy Sean Fleming asked the Minister for Justice and Equality the status of persons in the Irish Prison Service who had a local accommodation in operation which restricted them to lower risk duties including but not limited to non-prisoner contact in the prison service prior to the introduction of the policy for accommodation rehabilitative or restricted duties in July 2014; if all such persons were consulted in relation to their situation; if the chief medical officer was consulted; the basis for selection to allow some persons to be accommodated outside the new policy; the reason others were not included; the process used to assess staff other than the five that have been granted accommodation under the new policy; and if he will make a statement on the matter. [11117/18]
Amharc ar fhreagra203. Deputy Sean Fleming asked the Minister for Justice and Equality the status of persons that had a local accommodation in operation which was restricted to lower risk duties including but not limited to non prisoner contact in the Irish Prison Service prior to the introduction of the policy for accommodations (rehabilitative/restricted duties) in July 2014; if all such persons were consulted in relation to their situation; if the chief medical officer was consulted on their specific situation regarding accommodating them outside of the new policy; the basis for selection to allow some persons to be accommodated outside the new policy; the reason others were not included; the process in assessing staff other than the five that have been granted stand-alone accommodation outside the new policy; the reason others were not included; and if he will make a statement on the matter. [11169/18]
Amharc ar fhreagraI propose to take Questions Nos. 200 and 203 together.
The Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties) was introduced in July 2014. The policy applied to all accommodations granted from that date and was not retrospective.
I am advised by the Director General of the Irish Prison Service that there are now 3 officers on long term restricted duties. These are officers who were being accommodated on restricted duties on the date of the introduction of the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties).
These cases are kept under constant review, in liaison with the Office of the Chief Medical Officer.
201. Deputy Sean Fleming asked the Minister for Justice and Equality the process used for the assessment of injury and illness and the granting of workplace accommodations and lighter duties in the Irish Prison Service; the rules governing employment in An Garda Síochána, the Irish Prison Service or the emergency services prior to the implementation of the Employment Equality Acts 1998 and 2004; and if he will make a statement on the matter. [11118/18]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that once an employee is removed from the payroll after reaching the maximum paid sick leave allowed under the Department of Public Expenditure and Reform Circular 12/2015, they may be entitled to Temporary Rehabilitation Remuneration (TRR).
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.
Employees absent on sick leave are routinely referred to the Office of the Chief Medical Officer (CMO) to obtain up-to-date medical advice. In the event that the Chief Medical Officer indicates that an employee is not yet fit for the full range of operational duties or contractual hours, s/he may be accommodated for a maximum of 3 months under the Irish Prison Service Accommodations Policy (Rehabilitative/Restricted Duties). This can only be considered where the CMO has advised that the officer is likely to be fit to carry out full duties in that timeframe.
An employee may be accommodated in a restricted role if a suitable post within the prison is available. 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 the event that a suitable post cannot be identified or is not available, the employee is required to remain on sick leave until such time as s/he is fit for full duties.
While the Irish Prison Service endeavours 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, i.e., section 37 of the Employment Equality Acts 1998 - 2015:
“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.”
Prior to the Employment Equality Act 1998, this aspect of employment in the Irish Prison Service was subject to the Employment Equality Act 1977. Section 12 of that Act stated:
(1) This Act does not apply to employment—
(a) in the Defence Forces,
(b) in the Garda Síochána,
(c) in the prison service, or
(d) in a private residence or by a close relative.
202. Deputy Sean Fleming asked the Minister for Justice and Equality the status of the case of a person (details supplied); and if he will make a statement on the matter. [11168/18]
Amharc ar fhreagraI am advised by the Director General of the Irish Prison Service that there is an on-going Labour Court process in this case. Accordingly, it would be inappropriate to comment on the matter.
204. Deputy Anne Rabbitte asked the Minister for Justice and Equality the reason for the apparent contradiction between a reply by one of his predecessors to Parliamentary Question No. 102 of 27 May 2015 regarding au pairs and subsequent answers including that to Parliamentary Question No. 10 of July 2015 (details supplied). [11178/18]
Amharc ar fhreagraThe responses to questions to which the Deputy refers, dating back to May and July 2015, must be read in the wider context in which they were posed. The question to the then Minister for Justice and Equality related to whether host families were at liberty to enter into cultural exchange programmes. Accordingly, the question was responded to in the context of the traditional interpretation and understanding of the au pair arrangement as a private, voluntary, and shared understanding between the parties concerned - i.e. between a private household or sponsor family and a private individual. The basic premise of the question to the then Minister for Jobs, Enterprise and Innovation was in relation to persons engaged in employment and potential abuses arising therein. The response to that question makes it clear that the determination of whether there is a contract of employment or not, was not based on the title of “au pair” per se but rather by reference to employment legislation and contract law. It went on to state that the Workplace Relations Commission (WRC) would examine any complaint received in the light of the facts of each case.
The meaning of au pairs has evolved over time, particularly following a ruling of the WRC in 2016. Therefore, persons who work as au pairs are entitled to the full protection of employment legislation in an employer-employee relationship and this is governed under the employment permit regulations of my colleague the Minister for Business, Enterprise and Innovation.
The finding of the WRC, as I understand it, is that an individual working as an au pair is deemed to be an employee, with the entitlements that go with that status, including payment of at least the minimum wage. While there has traditionally been a social and cultural dimension to work as an au pair, which presumably can continue into the future, this cannot alter the entitlements of individuals deemed to be employees. This applies irrespective of the immigration arrangements under which they are resident in Ireland.
My remit in this area is limited to the immigration status of non-EEA nationals and in that context, as far as the immigration aspects of this issue are concerned, a non-EEA national would not be granted immigration permission for the primary purpose of being an au pair. Furthermore, I understand that such employment would not be eligible for an employment permit from the Minister for Business, Enterprise and Innovation. Persons on student permission with an Immigration Stamp 2 are, however, entitled to engage in casual work for up to 40 hours per week during the months June to September and for a 4-week period from mid-December to mid-January. Outside that time the limit is 20 hours per week. Working as an "au pair" within those temporal limits is not forbidden but such work is subject to employment law and the various entitlements that employees have, and the responsibilities that an employer has.
205. Deputy Catherine Murphy asked the Minister for Justice and Equality the number of gardaí by rank, including probationer gardaí, in each Garda division as of December 2017; if recruits from the Garda Training College have been deployed in 2018; and if so, the districts to which. [11206/18]
Amharc ar fhreagraAs 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.
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 make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians.
This plan is progressing apace. This year, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
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. 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 2018, the first 200 of whom will pass out of the Garda College next week and be assigned to locations around the country. Further attestations are planned for June, September and November which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 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 Garda Division in the coming years.
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.
I am informed by the Commissioner that the number of Gardaí as of 31 December 2017 by rank and Division is as set out in the following table.
GARDA STRENGTH BY DIVISION AND RANK 31 DECEMBER 2017
|
DIVISION |
GD* |
SG |
IN |
SU |
CS |
AC |
TOTAL |
|
D.M.R. EAST |
319 |
49 |
7 |
3 |
378 |
||
|
D.M.R. NORTH |
577 |
75 |
12 |
5 |
1 |
670 |
|
|
D.M.R. NORTH CENTRAL |
521 |
74 |
12 |
3 |
1 |
611 |
|
|
D.M.R. SOUTH |
458 |
57 |
12 |
4 |
1 |
532 |
|
|
D.M.R. SOUTH CENTRAL |
538 |
65 |
14 |
4 |
1 |
622 |
|
|
D.M.R. WEST |
581 |
72 |
14 |
4 |
1 |
672 |
|
|
KILDARE |
305 |
45 |
6 |
3 |
1 |
360 |
|
|
LAOIS / OFFALY |
280 |
47 |
8 |
3 |
1 |
339 |
|
|
MEATH |
259 |
39 |
6 |
4 |
1 |
309 |
|
|
WESTMEATH |
218 |
40 |
6 |
4 |
1 |
1 |
270 |
|
WICKLOW |
255 |
42 |
5 |
2 |
1 |
305 |
|
|
CAVAN / MONAGHAN |
268 |
48 |
7 |
4 |
2 |
329 |
|
|
DONEGAL |
330 |
44 |
7 |
4 |
1 |
386 |
|
|
LOUTH |
264 |
46 |
4 |
4 |
1 |
319 |
|
|
SLIGO / LEITRIM |
245 |
48 |
6 |
3 |
1 |
1 |
304 |
|
KILKENNY/CARLOW |
269 |
48 |
6 |
4 |
1 |
1 |
329 |
|
TIPPERARY |
323 |
48 |
6 |
4 |
1 |
382 |
|
|
WATERFORD |
249 |
39 |
5 |
3 |
1 |
297 |
|
|
WEXFORD |
243 |
38 |
7 |
3 |
1 |
292 |
|
|
CORK CITY |
553 |
95 |
8 |
8 |
1 |
1 |
666 |
|
CORK NORTH |
267 |
46 |
7 |
3 |
1 |
324 |
|
|
CORK WEST |
242 |
44 |
4 |
4 |
1 |
295 |
|
|
KERRY |
265 |
44 |
6 |
3 |
1 |
319 |
|
|
LIMERICK |
471 |
73 |
10 |
3 |
1 |
558 |
|
|
CLARE |
257 |
44 |
5 |
2 |
1 |
309 |
|
|
GALWAY |
479 |
83 |
8 |
8 |
1 |
1 |
580 |
|
MAYO |
263 |
50 |
5 |
4 |
1 |
323 |
|
|
ROSCOMMON / LONGFORD |
249 |
53 |
4 |
4 |
310 |
* The figures for Garda Rank include Probationer Gardaí who are attested members of An Garda Síochána in the process of completing the BA in Applied Policing.
206. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Togher Garda sub-district; and the number which have been attached for each of the past 10 years. [11294/18]
Amharc ar fhreagra207. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Anglesea Street sub-district, and the number which have been for each of the past 10 years. [11295/18]
Amharc ar fhreagra208. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Bishopstown Garda station; and the number attached in each of the past ten years. [11296/18]
Amharc ar fhreagra209. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Carrigaline Garda station; and the number attached in each of the past ten years. [11297/18]
Amharc ar fhreagra210. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Passage West Garda station; and the number attached in each of the past ten years. [11298/18]
Amharc ar fhreagra211. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Crosshaven Garda station; and the number attached in each of the past ten years. [11299/18]
Amharc ar fhreagra212. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Douglas Garda station; and the number attached in each of the past ten years. [11300/18]
Amharc ar fhreagra213. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of units attached to Mahon Garda station; and the number attached in each of the past ten years. [11301/18]
Amharc ar fhreagraI propose to take Questions Nos. 206 to 213, inclusive, 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.
I have requested a report from the Commissioner in relation to the information requested by the Deputy and I will write directly to him when this report is to hand.
