Written Answers Nos 340-356
340. Deputy Michael McGrath asked the Minister for Justice and Equality when a hearing will take place in relation to an application to the Criminal Injuries Compensation Tribunal (details supplied); and if he will make a statement on the matter. [12362/18]
Amharc ar fhreagraThe Criminal Injuries Compensation Tribunal administers the Scheme of Compensation for Personal Injuries Criminally Inflicted. Under the terms of the Scheme, the Tribunal is entirely independent in the matter of individual decisions on applications for compensation under the Scheme. The Deputy will appreciate that in these circumstances I cannot comment on individual cases.
If the Deputy or the applicant contacts the Tribunal directly with further details, they will be able to provide an update.
341. Deputy Bríd Smith asked the Minister for Justice and Equality if the case of a person (details supplied) is one of those cases that may have been classified incorrectly on the Garda PULSE system. [12373/18]
Amharc ar fhreagraAs I have previously advised the House, An Garda Síochána is working in conjunction with the Central Statistics Office (CSO) to resolve an issue which was identified by An Garda Síochána in relation to the classification of homicide offences. The expert oversight by the CSO of crime statistics in line with best international practice ensures that the public can have confidence in the data which informs the development of effective policies by my department.
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 complex process which takes considerable time 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. I am informed that the review team includes two experts from the Garda Síochána Analysis Service (GSAS) who appeared before the Joint Oireachtas Committee on Justice and Equality recently. The review is not yet complete, however the details will be made public by AGS on completion.
I have already outlined my concern about reports that unlawful deaths were not properly investigated. Any substantiated allegations of this kind would be very serious and a cause of serious public concern. The issue that has arisen in respect of homicide classification is complex and it is essential to clearly establish the facts.
On 5 February last, in the course of a wide ranging meeting with An Garda Síochána on policing issues, I was briefed on the issue by the Acting Commissioner and his Senior team, including the head of the Garda Síochána Analysis Service. I subsequently met the Chair and CEO of the Policing Authority together with senior Garda management 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 methodology of the peer review, and other aspects of the ongoing process, to the Policing Authority at their last public meeting on 22 February 2018.
I continue to 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. I have full confidence in the ability of the Authority to do the work with which they are tasked.
With regard to the specific case referred to by the Deputy, I have requested a report from the Garda authorities on the matter and I will revert to her directly when a response has been received.
342. Deputy Tom Neville asked the Minister for Justice and Equality when Garda recruits that have had their final interview will be called for a medical examination; and if he will make a statement on the matter. [12374/18]
Amharc ar fhreagraAs the Deputy will be aware, recruitment to An Garda Síochána is governed by the Garda Síochána (Admissions and Appointments) Regulations 2013 and, as Minister, I have no direct involvement in the matter.
Rather, the Public Appointments Service (PAS), on behalf of the Garda Commissioner, manages the initial recruitment stage for selection of Garda Trainees with the final stages of the process, in which candidates are vetted, complete a physical competency test and a medical examination, being managed by the Commissioner.
I am advised by the Commissioner that the PAS notifies the Appointments Office in An Garda Síochána when applicants have been informed of their success following the initial recruitment stage. I further understand that applicants who have been deemed eligible by the PAS and who have submitted all necessary information to the Appointments Office will receive a notification by e-mail of the date for their proposed medical examination.
I would advise any applicants who may have queries in relation to the matter to contact the PAS or the Garda Appointments Office.
343. Deputy Niall Collins asked the Minister for Justice and Equality the arrangement in place to provide transport or limousine services to the State Pathologist and Deputy State Pathologists; the annual cost of same in each year since 2010; and if he will make a statement on the matter. [12386/18]
Amharc ar fhreagraThe Office of the State Pathologist provides independent expert advice on matters relating to forensic pathology and performs post mortem examinations in cases where foul play is suspected.
A driver and vehicle service is available to the State Pathologist and her Deputies when they are called to cases outside of Dublin. This is necessitated by the 24/7 year-round nature of he pathologists’ work. The service is sourced through a procurement process held at regular intervals. The current provider was selected through a procurement process undertaken in conjunction with the Office of Government Procurement using its National Framework for Passenger Ground Transportation Services for all public sector bodies.
A breakdown of the costs of the driver and vehicle service from 2010 to early March 2018 is provided in the table:
|
Year |
Costs |
|
2010 |
€30,518.10 |
|
2011 |
€19,316.90 |
|
2012 |
€24,161.20 |
|
2013 |
€19,604.60 |
|
2014 |
€26,921.70 |
|
2015 |
€21,518.05 |
|
2016 |
€30,270.10 |
|
2017 |
€29,595.50 |
|
2018 to 5 March 2018 |
€7,191.25 |
344. Deputy Thomas Pringle asked the Minister for Justice and Equality when Ireland will opt into the optional protocol in relation to the UNCRPD; the reason it was not declared at the time of Ireland's official ratification of the convention in view of the fact that in the roadmap to ratification it states Ireland's intention to sign and ratify the optional protocol to the Convention on the Rights of Persons with Disabilities at the same time as the convention itself is being ratified; and if he will make a statement on the matter. [12390/18]
Amharc ar fhreagraWhile there was a commitment given, in the 2015 Roadmap, to ratify the Optional Protocol at the same time as the Convention, the current focus has been on ratifying the Convention itself as a first step. The Convention and the Optional Protocol cover a broad range of commitments some of which require substantive cultural change. For this reason, a phased approach is seen as the most practical and realistic way of moving ahead. Accordingly the Optional Protocol is not being ratified at this time.
The matter of opting into the Optional Protocol will be reviewed and further considered following completion of the first reporting cycle under the Convention. Due to the variability and uncertainty of the reporting cycle it is not possible to give an exact date at this juncture.
345. Deputy Róisín Shortall asked the Minister for Justice and Equality if the optional protocol in relation to the UNCRPD (details supplied) has been signed; if not, the reason therefor; and if he will make a statement on the matter. [12391/18]
Amharc ar fhreagraWhile there was a commitment given, in the 2015 Roadmap, to ratify the Optional Protocol at the same time as the Convention, the current focus has been on ratifying the Convention itself as a first step. The Convention and the Optional Protocol cover a broad range of commitments some of which require substantive cultural change. For this reason, a phased approach is seen as the most practical and realistic way of moving ahead. Accordingly the Optional Protocol is not being ratified at this time.
The matter of opting into the Optional Protocol will be reviewed and further considered following completion of the first reporting cycle under the Convention. Due to the variability and uncertainty of the reporting cycle it is not possible to give an exact date at this juncture.
346. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 179 of 8 March 2018 and in view of the fact that it has taken the Office of Wards of Court seven months to issue 350 statements, the timeframe for the issuing of all 2,500 statements; and if he will make a statement on the matter. [12475/18]
Amharc ar fhreagraAs the Deputy is aware, the High Court has jurisdiction in wards of court matters 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 informed me that while the Office of Wards of Court commenced issuing statements to Committees of Wards of Court in late September 2017, the work in producing these statements is to a large degree a manual task involving records held in respect of each individual ward and this process is proving more time consuming than originally anticipated.
Given the nature of the systems in the Office of Wards of Court, involving individual paper files, the process of issuing individual fund statements to each of more than 2,500 cases is quite labour intensive. All data must be checked to ensure it is accurate and up to date and to avoid contravening data protection legislation. As the Deputy is aware, 350 statements have issued to date and the next batch of statements is to issue this month.
The Courts Service remains committed to providing all such statements over the coming months and has informed me that it is intended that these statements will have issued to all Committees of Wards of Court by the end of August 2018. The Wards of Court Office continue to provide individual detailed financial statements when requested by Committees of Wards of Court.
347. Deputy Clare Daly asked the Minister for Justice and Equality the number of case officers attached to the Office of Wards of Court that have received specialist training in family liaison, communications, mediation or other specialist training with a view to enabling effective, prompt and sensitive communication with the families of wards of court under the committeeship of the general solicitor. [12476/18]
Amharc ar fhreagraAs the Deputy is aware, the High Court has jurisdiction in wards of court matters 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 informed me that there are 10 case officers in the Office of Wards of Court and 8 case officers in the Office of the General Solicitor for Minors and Wards of Court. 5 case officers in the Office of Wards of Court and 4 case officers in the Office of the General Solicitor for Minors and Wards of Court have received conflict resolution training with other formal and on the job training provided as the need arises.
Case officers in the Office of Wards of Court are experienced civil servants employed at Assistant Principal level. A key competency required to be appointed to this level are interpersonal and communications skills which include a focus on customer service and an ability to engage with all stakeholders, including members of the public.
In addition, on appointment to the Office of Wards of Court, all case officers receive intensive one to one training and induction at a local level from senior experienced case officers. This training covers all aspects of case officer work including practices and procedures, legal aspects of the work and communications with Committees of Wards of Court and other parties. As with all civil servants, their performance is subject to ongoing performance review and development to ensure their work meets the standards required at that grade and in their specific role.
Case officers in the Office of the General Solicitor for Minors and Wards of Court comprise 6 qualified solicitors and 2 experienced civil servants employed at Higher Executive Officer level. The case officers who are solicitors receive ongoing training as part of their continuing professional development requirements as legal professionals. In addition, on appointment to the Office of the General Solicitor for Minors and Wards of Court, all case officers receive intensive one to one training and induction at a local level from senior experienced case officers. As with all civil servants, their performance is subject to ongoing performance review and development to ensure their work meets the standards required at that grade and in their specific role.
348. Deputy Niall Collins asked the Minister for Justice and Equality the number and amounts paid out for compensation and injury claims by members of An Garda Síochána each year since 2000; the associated legal fees and other associated costs; and if he will make a statement on the matter. [12482/18]
Amharc ar fhreagra349. Deputy Niall Collins asked the Minister for Justice and Equality the number of compensation and injury claims lodged by members of An Garda Síochána each year since 2000; the amount of those claims yet to be finalised or settled; and if he will make a statement on the matter. [12483/18]
Amharc ar fhreagraI propose to take Questions Nos. 348 and 349 together.
The Garda Síochána (Compensation) Acts, 1941 and 1945 provide for a scheme of compensation for members of An Garda Síochána who are maliciously injured in the course of their duty or in relation to the performance of their duties as members of An Garda Síochána and for the dependants of members who have died from injuries maliciously inflicted on them.
Under the Acts, I as Minister, have the responsibility to approve or refuse applications for compensation, having regard to the circumstances of the case and the legislation. This assessment is discharged by designated officials of my Department. Before deciding if an applicant should be authorised to apply to the High Court for compensation in respect of the injury, the practice has been for the Minister to consider all medical reports submitted by the applicant, together with a report on the incident by the Garda Commissioner and a report on the injury by the Garda Chief Medical Officer. The whole process of progressing an application for compensation from the date of its receipt to the date it is authorised, may take a considerable period of time. The case cannot be examined until the relevant medical and investigation reports are furnished to my Department.
The number of applications received by my Department in the period 2000-2017 is set out in the table. There are currently 77 applications for compensation ready for processing.
|
Year |
Applications received |
|
2000 |
309 |
|
2001 |
280 |
|
2002 |
209 |
|
2003 |
238 |
|
2004 |
209 |
|
2005 |
191 |
|
2006 |
239 |
|
2007 |
180 |
|
2008 |
201 |
|
2009 |
200 |
|
2010 |
180 |
|
2011 |
179 |
|
2012 |
173 |
|
2013 |
205 |
|
2014 |
176 |
|
2015 |
191 |
|
2016 |
204 |
|
2017 |
181 |
Once an application is approved, it is for the individual concerned to apply to the High Court for compensation. I wish to advise the Deputy that compensation awards are paid from the Garda Vote and that the amounts paid in the period 2000-2017 are set out in the following table:
|
Year |
Number of cases |
Awards paid |
Costs Paid * |
|
2000 |
163 |
£5.2 |
£1.7 |
|
2001 |
256 |
£8.4 |
£2.1 |
|
2002 |
141 |
€5.4 |
€2.1 |
|
2003 |
163 |
€4.4 |
€2 |
|
2004 |
90 |
€3.6 |
€0.9 |
|
2005 |
151 |
€7.2 |
€1.5 |
|
2006 |
153 |
€7 |
€2.6 |
|
2007 |
171 |
€9.8 |
€2.9 |
|
2008 |
238 |
€13.6 |
€4.8 |
|
2009 |
154 |
€6.5 |
€4.2 |
|
2010 |
211 |
€3.5 |
€2.5 |
|
2011 |
241 |
€5.9 |
€2.8 |
|
2012 |
158 |
€7.1 |
€2.2 |
|
2013 |
170 |
€6 |
€2.4 |
|
2014 |
159 |
€4 |
€2.2 |
|
2015 |
93 |
€3.6 |
€1.3 |
|
2016 |
66 |
€4.7 |
€1.6 |
|
2017 |
111 |
€5.8 |
€2 |
*Legal costs paid in any particular year do not necessarily correspond to the awards made in that year.
350. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the way in which An Garda Síochána can determine whether a driver licence is a full or learner permit if the driver does not have their licence available at the time of checking; the measures he is introducing to improve this; and if he will make a statement on the matter. [12501/18]
Amharc ar fhreagraI have requested a report from An Garda Síochána further to the information sought by the Deputy and I will be in contact directly with the Deputy on receipt of a Garda report.
351. Deputy Eugene Murphy asked the Minister for Justice and Equality the steps he has taken to ensure that there is a doctor on call 24-7 in Castlerea Prison, County Roscommon; and if he will make a statement on the matter. [12616/18]
Amharc ar fhreagraI have been advised by the Irish Prison Service that it ensures the delivery of appropriate healthcare services to persons in custody by way of the primary healthcare model. It is the policy of the Irish Prison Service that all prisoners are provided with a level of healthcare that is equivalent to that available to persons who are entitled to General Medical Services in the community.
The Irish Prison Service has a contract agreement with a locum agency for the provision of the services of locum doctors to ensure the provision of general practitioner services in all locations in the prison estate, in addition to a number of permanent prison doctors.
The level of General Practitioner service provided in each location is based on the exigencies of the service and is critically assessed on the basis of clinical need.
Based on these factors, an arrangement is currently in place whereby a locum General Practitioner attends Castlerea Prison 5 mornings per week, and also provides on call GP cover on Saturday and Sunday. Castlerea Prison has 24 hour nurse cover and, where necessary, referrals can be made to the local hospitals.
352. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of Garda inspectors in counties Cavan and Monaghan; the vacancies in this regard; and if he will make a statement on the matter. [12628/18]
Amharc ar fhreagra353. Deputy Niamh Smyth asked the Minister for Justice and Equality when additional Garda personnel will be allocated to the Cavan and Monaghan Garda division in view of the level of crime in the area and the additional policing demands due to a land border with another jurisdiction; and if he will make a statement on the matter. [12629/18]
Amharc ar fhreagra354. Deputy Niamh Smyth asked the Minister for Justice and Equality if his attention has been drawn to the need to provide additional Garda personnel and resources to the Cavan and Monaghan Garda division in view of the particular policing needs of that Border division; and if he will make a statement on the matter. [12630/18]
Amharc ar fhreagraI propose to take Questions Nos. 352 to 354, inclusive, together.
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.
I am informed by the Commissioner that the strength of the Cavan /Monaghan Division on 31 January 2018, the latest date for which information is currently available, was 329. There are also 11 Garda Reserves and 38 Garda civilian staff attached to the Cavan/Monaghan 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.
The Deputy will also be aware that there is close and ongoing cooperation between An Garda Síochána and the PSNI on all aspects of policing, with a particular focus on combatting security threats and cross-border crime. The Commissioner and the Chief Constable of the PSNI, who are responsible for operational policing cooperation, have repeatedly emphasised the scope and the value of the close and high quality cooperation between the two police services in combatting crime, protecting community safety and saving lives. The two police services operate a joint Cross-Border Policing Strategy which has as its aims to improve public safety throughout Ireland, to disrupt criminal activity and to enhance the policing capability of both police services on the island.
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.
Since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, of whom, I am advised by the Commissioner, 53 have been assigned to the Cavan/Monaghan Division. 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 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 a further 600 Garda trainees are scheduled to attest during the year which will see Garda numbers, taking account of projected retirements, reach 14,000 by the end of 2018.
In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division, including the Cavan/Monaghan Division.
Appointments to the rank of Inspector are a matter for the Commissioner under section 14 of Garda Síochána Act 2005.
I am advised by the Commissioner that the overall strength of the Inspector rank was 264 as of 31 January 2018 with 7 allocated to the Cavan/Monaghan Division. 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 Cavan/Monaghan Divisions will be fully considered when determining the allocation of Garda Inspectors.
355. Deputy Clare Daly asked the Minister for Justice and Equality if the Exchequer is obliged to make up the shortfall in circumstances in which there is a loss to the funds of wards of court. [12692/18]
Amharc ar fhreagraAs the Deputy will be aware, wardship funds are not public funds and are subject to the control and supervision of the High Court and the question of Exchequer intervention in the scenario suggested by the Deputy does not arise.
However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it is standard procedure for funds of Wards of Court to be brought under the custody of the court for investment by the Accountant of the Courts of Justice in accordance with the directions of the President of the High Court and the Registrar of the Office of Wards of Court. Investment of court funds is carried out in line with the strategies devised and reviewed on a regular basis by the Investment Committee, chaired by the President of the High Court.
The Investment Committee reviews the investment strategies with the assistance of its investment advisors to ensure the protection and suitable investment of funds of wards, minors and others lodged in court for the benefit of those persons. Investment policies and orders made thereunder must be in accordance with the Trustee (Authorised Investments) Act 1958.
The Courts Service has advised that a conservative investment policy is being operated. When deciding where and how to invest court funds, the overriding objective is the achievement of an optimal total financial return having regard to the need for liquidity and capital security, taking account of income generation and capital growth requirements. Where there is a requirement to generate a higher return to sustain the value of the funds for the longest period possible, such funds are invested in longer term growth and income generating strategies.
The Courts Service has further advised that a prudent approach to investing court funds is adopted and takes only measured and appropriate risks, based on independent investment advice, in the best interests of all beneficiaries. The Courts Service has informed me that the independent review recently carried out by Mazars, and the review carried out by Aon Hewitt in 2016 as well as the annual independent external audits over many years found no evidence of negligence or mismanagement.
