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Gnáthamharc

Tuesday, 17 Apr 2018

Written Answers Nos. 502-518

Garda Data

Ceisteanna (502)

Niamh Smyth

Ceist:

502. Deputy Niamh Smyth asked the Minister for Justice and Equality the number of inspectors in the Cavan and Monaghan Garda division in each of the years 2011 to 2017 and to date in 2018 in tabular form; and if he will make a statement on the matter. [15003/18]

Amharc ar fhreagra

Freagraí scríofa

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 that as of 28 February 2018, the latest date for which figures are available, the total number of Gardaí assigned to the Cavan/Monaghan Division was 329 of whom 7 were of Inspector rank.

The filling of vacancies in the supervisory rank of inspector is a matter for the Commissioner who has responsibility under the Garda Síochána (Promotion) Regulations 2006 (as amended) for holding competitions for the selection of members for promotion to this rank and also the rank of sergeant. I am advised by the Commissioner that competitions for promotion to those ranks are in train and that the requirements of each Division including the Cavan/Monaghan Division will be considered by the Commissioner when assigning successful candidates. 

For the Deputy's information I have attached the details of number of Inspectors allocated to the Cavan/Monaghan Division in 2011 to 2017 and up to February 2018, the latest date for which figures are available.

Number of Inspectors allocated to the Cavan/Monaghan Division 2011-2018*

Year

No.

2011

6

2012

4

2013

5

2014

6

2015

5

2016

6

2017

7

2018*

7

Visa Applications

Ceisteanna (503)

Bernard Durkan

Ceist:

503. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if a review can be undertaken of the refusal of an application in the case of a person (details supplied); and if he will make a statement on the matter. [15027/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the application referred to was refused on 20 February 2018, and the applicant was advised accordingly. The applicant was also advised that they could appeal this decision within two months. No appeal has been received as yet.

Should the applicant wish to appeal the decision, they should address the reasons for refusal in any appeal and submit any information or documentation that they wish the Visa Appeals Officer to consider.

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.

In addition, applicants may themselves e-mail queries directly to visamail@justice.ie.

Immigration Status

Ceisteanna (504)

Bernard Durkan

Ceist:

504. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the residency status in the case of a person (details supplied); and if he will make a statement on the matter. [15028/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned is the subject of a Deportation Order signed on 11 March 2005. This Order requires the person concerned to remove themselves from the State and remain outside the State. The enforcement of the Deportation Order is a matter for the Garda National Immigration Bureau.

Representations were received on behalf of the person concerned requesting that the deportation order be revoked, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended). All relevant aspects of the case will be considered before a decision is made.

The Deputy might wish to note that the decision to ensue from the consideration of this request will be to have the existing deportation order ‘affirmed’ or ‘revoked’. Once such a decision has been made, this decision will be notified in writing. In the meantime, the deportation order remains valid and in place.

The person concerned was required to 'present' at the Offices of the Garda National Immigration Bureau on 7 April 2005, to make arrangements for his deportation from the State. The person concerned failed to 'present' on that occasion and is therefore recorded as a person who is evading deportation.

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 email service except in cases where the response from the INIS is, in the Deputy's view, inadequate or too long awaited.

Direct Provision System

Ceisteanna (505)

Fiona O'Loughlin

Ceist:

505. Deputy Fiona O'Loughlin asked the Minister for Justice and Equality the checks and oversight exercised to ensure that direct provision centres are maintaining appropriate standards of health and safety and fire safety; and if he will make a statement on the matter. [15046/18]

Amharc ar fhreagra

Freagraí scríofa

All persons seeking international protection are offered accommodation and ancillary services by my Department. From a contractual perspective, each accommodation centre under contract to the Department is inspected three times per annum: twice by officials from the Department of Justice & Equality, and once by an independent inspection company with expertise in food and fire safety. All aspects of the accommodation are checked, including fire safety and housekeeping. The fire safety checks include examining the fire register and checking that all equipment is properly maintained. Where the inspection reveals any adverse findings, the operator of the centre is informed immediately and a further inspection arranged if required.

In addition to this all accommodation centres must comply with statutory requirements in relation to fire safety, hygiene and safety etc. Accommodation centres are subject to inspection by the relevant statutory services including EHOs, the relevant Fire Officer and the Office of the Data Protection Commissioner.

The Department of Justice & Equality actively monitors the status of the fire certification on each of its contracts for accommodation and requires each contractor to forward an annual Certificate and Opinion of Compliance with the Fire Services Acts 1981 and 2003. The Certificate and Opinion of Compliance with the Fire Services Acts document must be signed by a competent person.

Since early 2017 residents in accommodation centres under contract to the Department have access to the Ombudsman and Ombudsman for Children and complaints that are not resolved locally or through the Reception and Integration Agency may be dealt with by either office as appropriate.

Parental Leave

Ceisteanna (506)

Catherine Connolly

Ceist:

506. Deputy Catherine Connolly asked the Minister for Justice and Equality his plans to increase the age of a qualifying child in relation to parental leave from eight to 12 years of age; and if he will make a statement on the matter. [15101/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Section 6 of the Parental Leave Act 1998 provides for 18 weeks unpaid parental leave for a child up to the age of eight, or 16 years of age in the case of a child with a serious illness or disability.

I can advise the Deputy that there are no current plans to increase the age for parental leave beyond eight years of age. However this is an issue which may be considered in the current broader discussions on parental leave. As the Deputy is aware, an inter-departmental working group is currently working on a report in relation to the introduction of paid parental leave and is due to report at the end of this month.

UN Convention on the Rights of Persons with Disabilities

Ceisteanna (507)

Catherine Connolly

Ceist:

507. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 95 of 22 March 2018, the reforms needed for Ireland to ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities; the roadmap to achieve same; and if he will make a statement on the matter. [15102/18]

Amharc ar fhreagra

Freagraí scríofa

It is intended that the final legislative amendments needed to enable Ireland to comply with the Convention will be contained in the Disability (Miscellaneous Provisions) Bill 2016 and in a standalone Bill on Deprivation of Liberty.

The Disability (Miscellaneous Provisions) Bill 2016 is currently awaiting Committee Stage in Dáil Éireann.

At its meeting on 5 December 2017, the Government approved the publication of draft legislative provisions on deprivation of liberty safeguards for public consultation. This public consultation formally closed on 9 March 2018. However, at the request of a number of organisations, submissions are being accepted up to mid-April.

The Government has approved both Bills to receive priority drafting within the Office of the Parliamentary Counsel.

The Assisted Decision-Making (Capacity) Act 2015 also needs to be commenced and this requires the establishment of a Decision Support Service (DSS) under the Mental Health Commission.

The Assisted Decision-Making (Capacity) Act 2015 provides a modern statutory framework to support decision-making by adults with capacity difficulties. The Act was signed into law on 30 December 2015.

New administrative processes and support measures, including the setting up of the Decision Support Service within the Mental Health Commission (a body under the auspices of the Department of Health), must be put in place before the substantive provisions of the Act can be commenced. A high-level Steering Group comprised of senior officials from the Department of Justice and Equality, the Department of Health, the Mental Health Commission and the Courts Service, together with the Director of the Decision Support Service, is overseeing the establishment and commissioning of the Decision Support Service (DSS) and this work is ongoing.

The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (S.I. No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the DSS and to enable the process of recruitment of the Director of the DSS to begin. The recruitment and appointment of the Director of the DSS, and the appointment of DSS staff, is a matter for the Mental Health Commission with the approval of the Minister for Health. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

Preparations are being made,  by the Steering Group, to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. However, it is not possible at the moment to provide an exact time line for the full implementation of the 2015 Act, as there are many complex strands to this work, including involvement of multiple organisations, and the prevailing view is that the Decision Support Service will not be ready to become operational until 2019.

The 2018 Budget provides for an allocation of €3 million in the Justice and Equality Vote for the establishment of the Decision Support Service.

The commencement of Part 8 of the Act, which provides for a legislative framework for advance healthcare directives, is a matter for the Minister for Health.

Finally, I fully recognise the utility of the Optional Protocol to the Convention in providing a high degree of accountability. My intention is that the Optional Protocol will be ratified once we have completed the tasks outlined above.

Garda Youth Diversion Projects

Ceisteanna (508, 509, 520, 521, 522, 559)

Catherine Connolly

Ceist:

508. Deputy Catherine Connolly asked the Minister for Justice and Equality the reason for the Irish Youth Justice Service, IYJS, proposals to alter its service delivery model whereby one Garda youth diversion project will be assigned to each Garda division (details supplied) which may undermine the ability of independent projects to have their tender accepted for larger Garda divisions; and if he will make a statement on the matter. [15124/18]

Amharc ar fhreagra

Catherine Connolly

Ceist:

509. Deputy Catherine Connolly asked the Minister for Justice and Equality his plans to help young persons who have not been cautioned but whose actions have come to the attention of An Garda Síochána and local agencies further to the proposal from the IYJC that preference will be given to young persons who have been cautioned under the Garda diversion programme; and if he will make a statement on the matter. [15125/18]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

520. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the timeframe for setting the tendering of Garda youth diversion projects, GYDP, at a divisional level; if he has assessed the impact of such a measure on community-led projects; and if he will make a statement on the matter. [15253/18]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

521. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his plans to eradicate or limit the number of second referrals to GYDPs; and his rationale for doing so. [15254/18]

Amharc ar fhreagra

Donnchadh Ó Laoghaire

Ceist:

522. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality when he plans to publish the evaluation report of GYDP structures. [15255/18]

Amharc ar fhreagra

Bríd Smith

Ceist:

559. Deputy Bríd Smith asked the Minister for Justice and Equality the deadline for proposals in relation to proposed tendering and contracting of the Garda youth diversion programme. [16046/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 508, 509, 520, 521, 522 and 559 together.

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

To ensure State-wide coverage of GYDP services for young people, (which does not exist at present), the intention is that, in general, service provision will be aligned with Garda Divisions or other appropriate local areas with a distinct community identity as may be agreed during a wide ranging consultation process which is currently ongoing. Issues of community identify and numbers of potential participants on GYDPs in the area will be key considerations here.

The provision of GYDP services in all parts of the State has obvious advantages, particularly in terms of providing services for significant numbers of young people who cannot currently access them. In this regard, an independent evaluation report of the operation of an integrated approach to delivery of GYDP services within County Kerry, commissioned by my Department is expected to be finalised shortly. This report will help with the further development GYDP services in the context of the Call for Proposals.

GYDPs deliver valuable services for young people who have committed a crime or may be at risk of offending as well as providing important support for An Garda Síochána at local level. I can assure the Deputy that in the context of the Call for Proposals my Department is committed to ensuring continuity of service for participants on GYDPs and maintain a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, and in line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services for young people currently participating in the service. Furthermore, the Call for Proposals process will facilitate existing service providers forming consortiums, which could apply to provide services under the new comprehensive approach that is being developed.

GYDPs provide an effective and essential support to the operation of the statutory Garda Diversion Programme by An Garda Síochána. The principal focus of GYDPs is on young people who receive a Garda caution under the Diversion Programme for involvement in criminal or anti-social behaviour and are referred to a local GYDP (primary referrals). GYDPs also accommodate a certain proportion of young people who are considered to be at risk of involvement in offending or anti-social behaviour (secondary referrals).

In relation to secondary referrals, it has to be considered if, in principle, it is appropriate to refer a child to a Garda project where no criminal act has been identified. For some, a better option might be referral to available mainstream youth services that could appropriately support them. That being said, it is accepted that referrals to GYDPs must take account of local needs and issues in relation to access and availability of mainstream youth services. Following the Call for Proposals process, GYDP services will still accommodate a certain proportion of secondary referrals and the proportion of these may vary from area to area depending on identified local needs.

My Department is very much aware of the range of concerns expressed in relation to the Call for Proposals process. I can assure the Deputy that careful consideration is being given to all issues raised by stakeholders involved in GYDPs, including those of independent service providers, as part of the extensive consultation process which is currently ongoing. This process includes arrangements for an extensive series of meetings with community based organisations and project workers which will facilitate closer communication and exchange of information in relation to these matters. In addition, the consultations will include arrangements to hear the views of young people, including participants or former participants on GYDPs.

I can assure the Deputy that the new approach to GYDP provision which is being developed in preparation for the Call for Proposals will not reduce the level of service that already exists, or the importance of community involvement in its delivery. On the contrary, the intention is to build on, update and improve a very valuable service so that it is available to every child or young person in the country who requires it. This improvement to the service will have benefits for significant numbers of young people in the State who cannot currently access GYDP services. While certain aspects of the new service model have been determined, work is ongoing to complete the full details to be included in the Call for Proposals, which is expected to issue in the second quarter of this year. I am convinced that community ownership and participation of the projects is an essential dimension that must be preserved and strengthened in the working out of this process.

Garda Youth Diversion Projects

Ceisteanna (510)

Catherine Connolly

Ceist:

510. Deputy Catherine Connolly asked the Minister for Justice and Equality his plans to ensure that TUPE regulations will be implemented for all staff of the Garda youth diversion projects regarding the change of the service delivery model; and if he will make a statement on the matter. [15126/18]

Amharc ar fhreagra

Freagraí scríofa

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

I can assure the Deputy that my Department is committed to ensuring continuity of service for participants on all GYDPs and to maintaining a community driven approach to their operation, as well as minimising any disruption for workers and service providers. In this regard, I am advised that the Call for Proposals process will facilitate existing service providers forming consortiums which could apply to provide services under the new GYDP model. In addition, and in line with the overall objective of providing GYDP services to all children and young persons who require them, I am advised that the Call for Proposals will require applicants to provide for continuity of GYDP services for young people who are participants.

I can assure the Deputy that the new approach to GYDP provision which is being developed in preparation for the Call for Proposals will not reduce the level of service that already exists, or the importance of community involvement in its delivery. On the contrary, the intention is to build on, update and improve a very valuable service so that it is available to every child or young person in the country who requires it. This improvement to the service will have benefits for significant numbers of young people in the State who cannot currently access GYDP services. While certain aspects of the new service model have been determined, work is ongoing to complete the full details to be included in the Call for Proposals, which is expected to issue during the second quarter of this year. I am convinced that community ownership and participation of the projects is an essential dimension that must be preserved and strengthened in the working out of this process.

Careful consideration is being given to all issues raised by stakeholders involved in GYDPs as part of a wide-ranging consultation process, which is currently ongoing. This process includes arrangements for an extensive series of meetings with community based organisations and project workers which will facilitate closer communication and exchange of information in relation to these matters. The consultation process will help to inform further development of the Call for Proposals in advance of it being issued.

As indicated above, the Call for Proposals will require applicants to provide for continuity of GYDP services to current participants. It is of course a matter for organisations which apply to provide future GYDP services under the Call for Proposals to ensure that they comply with relevant legal responsibilities, including in relation to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131/2003).

In conclusion, I might add that while my Department does provide funding for the operation of Garda Youth Diversion Projects, it is not the employer of the youth justice workers on these projects and has no human resources or industrial relations function in this regard.

Garda Disciplinary Proceedings

Ceisteanna (511)

Jim O'Callaghan

Ceist:

511. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of sworn members of An Garda Síochána that were disciplined for internal Garda breaches in 2017; the percentage of the overall strength of the force that this figure represents; and if he will make a statement on the matter. [15152/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that disciplinary matters within An Garda Síochána are governed by the Garda Síochána Act 2005 and the Garda Síochána (Discipline) Regulations 2007 and are a matter for the Garda Commissioner.

I have been advised by the Commissioner that in 2017 there were 145 members of An Garda Síochána found in breach of discipline following internal discipline investigations under the Garda Síochána (Discipline) Regulations 2007.

This figure represents just over 1% of the overall strength of An Garda Síochána.

Garda Youth Diversion Projects

Ceisteanna (512)

Jim O'Callaghan

Ceist:

512. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the cost of funding the Garda youth diversion projects in 2017; the way in which that funding is distributed; and if he will make a statement on the matter. [15161/18]

Amharc ar fhreagra

Freagraí scríofa

The statutory framework relating to young offenders and the Garda Diversion Programme is set out in the Children Act 2001. The operation of the Garda Diversion Programme is supported by the nationwide network of Garda Youth Diversion Projects (GYDPs). There are now 105 of these projects in place nationally.

Garda Youth Diversion Projects (GYDPs) are funded by my Department and each project is managed locally by a Community Based Organisation (CBO). Funding is allocated under multi-annual funding agreements with the CBOs. From 2015, GYDPs have been co-funded under the Programme for Employability Inclusion and Learning of the European Social Fund (ESF) 2014-2020. In 2017, GYDPs received a total of €14m in funding from my Department.

As the Deputy may be aware, my Department is obliged to carry out a call for proposals process during 2018 in relation to the provision of Garda Youth Diversion Project (GYDP) services generally, 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. The call for proposals provides the opportunity to enhance the range of supports available for diversion work, and will ensure availability throughout the State of GYDP services.

Community Alert Programme

Ceisteanna (513)

Mattie McGrath

Ceist:

513. Deputy Mattie McGrath asked the Minister for Justice and Equality the position regarding text alert rebates (details provided); and if he will make a statement on the matter. [15162/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, Community Alert funding is allocated by my Department for the employment and associated costs of the national Community Alert programme, including the employment of regional Development Officers. These Development Officers, operating in Muintir Na Tíre, provide support to Community and Text Alert schemes and offer advice on how to establish new schemes. The long-standing view has been that this is the best use of the resources available to them.

On 2 January 2018, I announced that my Department would be providing an additional €50,000 in financial support to Community Text Alert groups as a further measure in this Government's support to Crime Prevention. This is in addition to the €100,000 which I already announced at the National Ploughing Championships in September 2017. I also extended the time period for applications under the 2017 Text Alert Rebate Scheme to 31st January 2018 and rebate payments under that Scheme have now commenced and all approved applicant groups will receive their rebate in the coming weeks.

The Deputy will appreciate that supporting documentation is often required when applying for particular sources of funding. This is a standard practice and good financial governance especially when dealing with public money. I understand that a very small number of groups have encountered difficulties with the application process but Muintir na Tire, as the administrators of the Text Alert Scheme, have been working with these groups to assist them with the applications insofar as possible.

Public Services Card

Ceisteanna (514)

Seán Sherlock

Ceist:

514. Deputy Sean Sherlock asked the Minister for Justice and Equality if An Garda Síochána accepts the public services card as a form of identification for forms it administers and witnesses. [15169/18]

Amharc ar fhreagra

Freagraí scríofa

I must point out that I, as Minister, have no responsibility to direct Garda policies in relation to administration or identification documentation. Section 26 of the Garda Síochána Act 2005 (as amended) vests full control of An Garda Síochána in the Garda Commissioner and I as Minister have no power to interfere or intervene in such matters.

However, I can advise the Deputy I have asked the Garda Commissioner to provide information on the Question and when this is to hand, I will write to the Deputy directly.

A referred reply was forwarded to the Deputy under Standing Order 42A.

Departmental Expenditure

Ceisteanna (515)

Alan Kelly

Ceist:

515. Deputy Alan Kelly asked the Minister for Justice and Equality the amount of expenditure on consultancy by An Garda Síochána in each of the years 2015 to 2017; the number of consultants engaged by his Department in these years; the names of the consultancy companies awarded contracts; and the steps which have been taken to reduce the expenditure on consultancy and the reliance on consultants by his Department in these years and for the future. [15188/18]

Amharc ar fhreagra

Freagraí scríofa

It has not been possible in the timeframe allowed to compile the information requested by the Deputy. I will revert to the Deputy as soon as the information has been compiled.

A deferred reply was forwarded to the Deputy under Standing Order 42A

Departmental Expenditure

Ceisteanna (516)

Alan Kelly

Ceist:

516. Deputy Alan Kelly asked the Minister for Justice and Equality the amount of expenditure on consultancy by his Department in each of the years 2015 to 2017; the number of consultants engaged by his Department in those years; the names of the consultancy companies awarded contracts; and the steps which have been taken to reduce the expenditure on consultancy and the reliance on consultants by his Department in these years and for the future. [15195/18]

Amharc ar fhreagra

Freagraí scríofa

I wish to confirm to the Deputy that the information sought cannot be provided in the time allowed. As soon as the information has been collated I will write to the Deputy on the matter.

A deferred reply was forwarded to the Deputy under Standing Order 42A

Departmental Reports

Ceisteanna (517)

Clare Daly

Ceist:

517. Deputy Clare Daly asked the Minister for Justice and Equality the progress that has been made with regard to releasing the Crowley report into the death of a person (details supplied); if the process of proactively engaging with those that participated to waive the confidentiality agreement which allegedly exists as the basis upon which they took part in the report; the advice he has received regarding the publication of the report with the names redacted; and if he will make a statement on the matter. [15216/18]

Amharc ar fhreagra

Freagraí scríofa

The fatal shooting of Aidan McAnespie in February 1988 was a devastating tragedy for Aidan McAnespie’s family and for the people of Aughnacloy. Given the public disquiet following the shooting, the then Government commissioned a report into the circumstances that was carried out by then Garda Deputy Commissioner Crowley.

Given the circumstances in which the Crowley report was carried out and the commitments given to many local people who co-operated, it has not been considered possible to date to publish the report in its entirety.

The Deputy will appreciate that the Government has a persisting obligation to the commitments given to those people in the locality.

I am very familiar with the case for many years and have extended my personal sympathies to the family. I fully understand the frustration of the McAnespie family and their concern to access any information that might be available. It is a source of regret to me that this issue causes any pain to them.

Given the passage of time and my desire to do all I can to assist the family, I am currently examining options that may be available in this regard in respect of the Crowley report and I am in correspondence with the Attorney General in this regard.

Garda Investigations

Ceisteanna (518)

Clare Daly

Ceist:

518. Deputy Clare Daly asked the Minister for Justice and Equality his plans to establish a model investigative team here equivalent to the historical enquiries team established in Northern Ireland in 2008 to examine previous crimes which were not investigated; and if he will make a statement on the matter. [15218/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that it is the Garda Commissioner and his management team who are responsible for the deployment of all Garda resources, including personnel, and I have no role is such matters. Similarly, investigations into all forms of criminality in our State, and the manner in which those investigations are carried out, is solely a matter for the Commissioner.

However, I have been advised by the Garda authorities that responsibility for the investigation of criminal offences (including homicide) resides with the Superintendent of the District wherein the offence was committed in the first instance.

The Garda National Bureau of Criminal Investigation, which operates under the command of the Assistant Commissioner, Special Crime Operations, holds a national investigative remit and is specialised in the area of major crime investigation and undertakes and supports investigations on the direction of the Commissioner of An Garda Síochána. The support provided includes utilising the expertise of the Serious Crime Review Team (SCRT) which was established in 2007 to provide independent review of historical investigations including homicide.

The purpose of a review conducted by SCRT is to assist the Senior Investigating Officer with the criminal investigation. Such review is an independent examination of evidence and other material, gathered during investigation and to ensure that it conforms to approved standards; that the investigation has been thorough; conducted with integrity and objectivity; and to identify further investigative opportunities.

Crime investigation is not a singular issue and other bureaux within Special Crime Operations, such as the Garda National Economic Crime Bureau (major financial fraud), Garda Protective Services Bureau (child exploitation, sexual assault), Garda Drugs & Organised Crime Bureau (illicit drugs trade), Garda National Immigration Bureau, Garda National Cyber Crime Bureau, Criminal Assets Bureau and the Garda National Technical Bureau support major investigations at a national level depending on the category of crime under investigation.

The investigation of terrorist related offences falls under the remit of the Special Detective Unit under the command of Assistant Commissioner Security and Intelligence. Other services within An Garda Síochána, such as the Garda Síochána Analysis Service, also provide support and assistance in the investigation and review of serious crime, as it has many features.

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