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Tuesday, 17 Apr 2018

Written Answers Nos. 553-569

Road Traffic Offences Data

Ceisteanna (553)

Thomas P. Broughan

Ceist:

553. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the level of serious traffic collisions and injuries in the Dublin region from 2014 to date; his views on recent reports that these serious collisions and injuries have increased over the past year in the Dublin region; and if he will make a statement on the matter. [15890/18]

Amharc ar fhreagra

Freagraí scríofa

I am deeply conscious of the serious issue of road safety and mindful of the traumatic impact of road traffic collisions on those directly affected and their families, as well as the impact of dangerous driving more generally on the quality of life of residents in local communities across the country. 

Garda national road traffic enforcement statistics indicate that a total of 42 individuals have been involved in a road traffic collision in the year to 16 April 2018; this represents 4 less collisions than that which had occurred by 16 April last year.

Last year witnessed the lowest number of annual road traffic fatalities on record (159) and it is imperative that the positive momentum across road traffic enforcement and road safety initiatives is harnessed towards further annual reductions in fatalities for the remainder of the life of the Road Safety Strategy 2013-2020. Year-on-year statistics to date indicate a continuation of the improvement recorded in 2017, with 3 fewer road traffic fatalities recorded by An Garda Síochána in the year to 16 April 2018 (a total of 46 fatalities) in comparison with the same period in 2017.

An Garda Síochána benefitted from considerable resource investment by this Government in 2017, which has contributed to the most welcome downward trend in road traffic fatalities. The recruitment of an additional 150 Gardai to Roads Policing Units this year will contribute to a stronger road traffic enforcement capability nationwide. An Garda Síochána also intend to have a stronger focus on road traffic enforcement in the training provided to new recruits at Templemore and this will have a positive impact on enforcement and, as a result, safety on our roads.

An Garda Síochána and the Road Safety Authority (RSA) continue to seek and avail of new opportunities to communicate with all road users and it is evident, from last year's figures, that many road users are heeding road safety campaigns and are increasingly aware of the importance of responsible driving behaviour.

The Road Safety Strategy sets an objective of reducing road deaths to no greater than 25 fatalities per million of population by end 2020. This equates to an average of 10.3 road deaths per month and 124 per year by end 2020.

The RSA published its mid-term evaluation of the Road Safety Strategy earlier this year. The main purpose of the mid-term evaluation is to inform the programme of work for the remainder of the life of the Strategy in order that Ireland meets its road safety targets. Among the priorities for the final years of the Strategy is the agreement of a revised target on serious injuries resulting from road traffic collisions. A provisional target of a 30% reduction was set at the start of the life of the Strategy, however the Strategy made a provision for Ireland to review the target , in line with the new reporting requirements set out by the European Commission to produce serious injury figures using a medical definition.

The Deputy will be aware that Ireland has, over a number of years, developed a multi-agency approach to road safety through the involvement of a number of agencies working in partnership, under the aegis of the Strategy. Progress in relation to the actions and outcomes set out in the Strategy are monitored on an ongoing basis by the RSA and the other agencies involved, and overseen by a Ministerial Committee on Road Safety. This Committee is scheduled to meet next on 2 May 2018.  

An Garda Síochána’s Modernisation and Renewal Programme (2016-2021) sets out key strategic objectives for Road Policing which will inform and guide An Garda Síochána's Road Policing plans over the lifetime of the Programme. Under the Programme, the Commissioner will undertake a number of road safety traffic enforcement initiatives, including expanding the use of technology and increasing checkpoints.

This Government’s commitment to continue the ongoing accelerated Garda recruitment programme and continued investment in fleet and Garda ICT infrastructure will support the road traffic enforcement function performed by An Garda Síochána - this is a core Garda function and this Government is committed to further supporting An Garda Síochána in this regard.

My Department has sought the information requested by the Deputy from An Garda Síochána and I will contact the Deputy directly on receipt of a Garda report.

Garda Investigations

Ceisteanna (554)

Thomas P. Broughan

Ceist:

554. Deputy Thomas P. Broughan asked the Minister for Justice and Equality if the operational guidelines for forensic traffic investigators have been updated since 2007; if a review and urgent update of those guidelines will be carried out; and if he will make a statement on the matter. [15891/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the review and update of such guidelines is an operational matter for An Garda Síochána, and I have no direct role in the matter.

However, to be of assistance, my Department has made enquiries with An Garda Síochána and will contact the Deputy directly on receipt of a Garda report.

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

Criminal Injuries Compensation Tribunal Applications

Ceisteanna (555)

Róisín Shortall

Ceist:

555. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 133 of 15 November 2017 and 172 of 28 March 2018, if his attention has been drawn to the fact that the sensitive documentation (details supplied) that was sent to and confirmed as received by the Criminal Injuries Compensation Tribunal has been misplaced; the steps he will take to ensure that these extremely sensitive and personal data are located by the Tribunal, the original copies returned to the owner and that an apology is issued to the individual whose documentation was misplaced and case substantially delayed; and if he will make a statement on the matter. [16000/18]

Amharc ar fhreagra

Freagraí scríofa

I have made enquiries with the Criminal Injuries Compensation Tribunal in this matter and have been informed that the documentation in question was in fact received by the Tribunal on 22 December 2017.  I am further advised that, at that time, the Tribunal was preparing to move offices and this unfortunately led to the documentation being misfiled with other Tribunal papers.  Subsequent to the Deputy's previous question, the correspondence was located by staff of the Tribunal on 3 April and I am assured by the Tribunal that at all times the documentation was in its possession.  

As all applications to the Tribunal are processed in chronological order by date received, I would like to advise the Deputy that the case has not been disadvantaged by this administrative error. 

I am informed that the Secretary to the Tribunal has written to the individual concerned apologising for any distress caused and for the delay in acknowledging receipt of the papers.  I have requested the Tribunal to return the original copies of the documentation to the applicant.

Probate Applications

Ceisteanna (556)

Michael McGrath

Ceist:

556. Deputy Michael McGrath asked the Minister for Justice and Equality the position regarding a probate application (details supplied); the number ahead of it in the queue; and when he expects this case to be concluded. [16007/18]

Amharc ar fhreagra

Freagraí scríofa

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. Probate functions are also carried out by County Registrars at District Probate Registries in 14 provincial court offices.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has advised that the probate application referred to by the Deputy was lodged with Cork District Probate Office on 7 February 2018. The Courts Service has informed me that issues with the application were identified and it was returned to the Solicitors on 12 April 2018. 

As the Deputy will appreciate all applications for Grants in deceased persons' estates are made on foot of a number of mandatory legal documents which must be furnished by the applicants. These require detailed checking by the Probate Office to ensure that the estate of the deceased person is administered correctly and in accordance with the law.  

The Courts Service has further advised that when the application is re-lodged it will be processed in accordance with the procedures of the Office. Priority is given to probate applications where there is a particular urgency or in extenuating circumstances. In such cases, it is open to applicants to bring the matter to the attention of the Probate Office.  

Commencement of Legislation

Ceisteanna (557)

Clare Daly

Ceist:

557. Deputy Clare Daly asked the Minister for Justice and Equality the reason for the delay in the commencement of provisions in the Legal Services Regulation Act 2015 whereby efficient oversight and public interest provisions of the Act can be implemented; and if he will make a statement on the matter. [16010/18]

Amharc ar fhreagra

Freagraí scríofa

The setting-up of the Legal Services Regulatory Authority is very much work in progress and has been underway on a number of fronts since July 2016. At that time Parts 1 and 2 of the Legal Services Regulation Act 2015 were commenced as necessary to get the new Authority appointed and underway. The Authority, which is independent in the performance of its functions under the 2015 Act, has convened regularly since its inaugural meeting on 26 October 2016 - minutes of its meetings are available on its website www.LSRA.ie. The challenge has been to ensure that the roll-out of the various components of the Authority's regulatory functions in a legally robust manner can be aligned, to the satisfaction of the Authority, with its anticipated working resources as an independent regulator.

It will be recalled that, during its initial year of establishment, the Legal Services Regulatory Authority has been deeply engaged in the conduct of public consultations and in the making of five reports on a series of new options for the provision of legal services under sections 118 to 120 of the Act which were also commenced. It had been obliged to complete these within strictly set deadlines running from its day of establishment on 1 October 2016. All of these reports have now been laid, as required under the 2015 Act, before the Houses of the Oireachtas while also being publicly accessible on the Authority’s website. As reflected in the 2015 Act and the relevant reports completed by the Authority, the Government continues to give policy priority to the introduction of Legal Partnerships between barristers or barristers and solicitors by way of early structural reform in the way in which legal services are available to consumers.

Alongside its other ongoing consultation and reporting commitments, the current working focus of the Authority is, I understand, very much on the managed roll-out of its remaining functions. This includes the matching development of the organisational capacities and office and staffing resources essential to effective delivery. It also includes the necessary preparatory steps for the establishment and application of the new Roll of Practicing Barristers under which both Law Library and non-Law Library practicing barristers will be regulated, for the first time under legislation, by the Authority. This will also be a pre-requisite for the exercise by the Authority of its public complaints functions. A further key area under development is that of the application of the levy that is to be made on both practicing solicitors and practicing barristers under Part 7 of the 2015 Act. Funding support of €1 million has recently been provided to the Authority from the Justice Vote for 2017. This follows an advance of the same amount that was provided from my Department’s 2016 Vote and a similar allocation is being made for 2018.

It should also be recalled that in parallel to the introduction of enhanced legal costs transparency obligations on legal practitioners under the 2015 Act, extensive legal and technical preparations are also continuing separately within the courts system to complete the transition of the Office of the Taxing-Master to that of the Legal Costs Adjudicators.

Following these steps, the key structural reforms of Part 6 of the 2015 Act relating to public complaints, professional conduct and the appointment of the Legal Practitioners' Disciplinary Tribunal dealing with both solicitors and barristers, will be commenced. It is considered that this component of the Act will underpin the entire new regulatory regime in terms of its observance and enforcement and by way of safeguarding the public interest. I will, of course, continue to emphasise the importance which I attach as Minister to the objective of getting the Authority open for business on the core public complaints function as quickly as is reasonably possible while also bearing in mind the risks and complexities which the Authority is having to carefully manage to bring that about. This work has been augmented by the appointment by the Authority last autumn of its first full-time Chief Executive, Dr. Brian Doherty, along with its securing of enhanced office accommodation.

The Regulatory Authority will soon be submitting its first full-year Annual Report having previously submitted a report for quarter three of 2016. It is actively preparing to conduct the first periodic review of the operation of the Legal Services Regulation Act 2015 as required under section 6 of that Act. Arrangements are also at an advanced stage to fill, with the necessary approval of each House of the Oireachtas, a casual vacancy that has arisen on the Authority due to the appointment of an existing member to the judiciary. Work is ongoing between the Authority and my Department on a new Corporate Governance Assurance Agreement. The Authority is also preparing to conduct statutory consultations and to report on the education and training arrangements in the State for legal practitioners.

At this point, the Authority is nearing completion of the necessary analysis of the staffing needs and resources required to allow it to support the ongoing roll out of its functions to a structured and achievable timetable and intends to begin additional recruiting to key posts in the near future. Within the past week it has submitted its first Strategic Plan covering the period 2018–2020 as required under section 20 of the 2015 Act which I will be laying before the Houses in the coming days. The Plan sets out the Authority's key priorities and objectives for the next three years including indicative timelines for the coming into operation of its remaining functions. Both I and my Department will, therefore, continue to work closely with the Authority to enable it to come into substantive regulatory mode at the earliest opportunity including in the independent delivery of its strategic objectives.

Immigrant Investor Programme Eligibility

Ceisteanna (558)

Michael McGrath

Ceist:

558. Deputy Michael McGrath asked the Minister for Justice and Equality if there are circumstances in which a non-national person legally living here under a time limited visa may be eligible to be considered under the immigrant investor programme provided all qualifying conditions are met; if it is the case the person cannot be here at the time of the application; and if he will make a statement on the matter. [16029/18]

Amharc ar fhreagra

Freagraí scríofa

The Immigrant Investor Programme (IIP) provides the non-EEA investor with the opportunity to invest in the State. Applicants for the IIP must have a minimum net worth of €2 million of which at least €1.0 million must be available for the investment, excluding for investment in a Real Estate Investment Trust (REIT) which requires a minimum €2.0 million. In addition, the funds invested must be legally acquired and owned by the investor. It is also essential that the applicant be of good character.  Further criteria is published on the INIS website www.inis.gov.ie

It is not a condition of the IIP that applications must be made from outside the State.  However it should be noted that the IIP application process can take approximately 16-18 weeks in total and there is no guarantee that the prospective investor's application will be successful. 

Accordingly it is important that a non national applicant who is resident in the State ensures that their immigration permission is kept up to date at all times.

Question No. 559 answered with Question No. 508.

Leave to Remain

Ceisteanna (560)

Eoin Ó Broin

Ceist:

560. Deputy Eoin Ó Broin asked the Minister for Justice and Equality the number of adults and children with leave to remain at the end of March 2018 who are still living in direct provision. [16088/18]

Amharc ar fhreagra

Freagraí scríofa

The phrase "leave to remain" in the question is being interpreted as covering persons granted any one of Refugee Status, Subsidiary Protection or Humanitarian Leave to Remain. As of the end of March 2018, there were 520 persons with a form of leave to remain who continue to reside in accommodation under contract to the Department. This total figure of 520 persons comprises 357 adults and 163 children.

The figure of 520 persons is drawn from a dynamic database that changes on a daily basis. It includes data in relation to approximately 200 persons who have been relocated to Ireland under the relocation or resettlement programme and have been accommodated in Mosney. Unfortunately it is not possible to separate this data from the data in relation to the other persons in Mosney (approximately 600).  Therefore the figure of 520 persons with status will include a number of persons who arrived under the relocation programme, were accommodated in Mosney and have since been granted international protection.

RIA, which administers the system of accommodation for protection applicants, has always provided such persons with continued accommodation while they source their own accommodation and while they get their affairs in order having been granted a leave to remain.  RIA is particularly mindful of the reality of the housing situation in the State and the pressures on the City and County Councils in respect of Housing Assistance Payments and Housing Lists.  That said, the provision of housing for persons coming out of the protection process has been incorporated in the Action Plan for Housing and Homelessness.

Following on from the McMahon report, my Department developed a guide to independent living for persons with status to provide practical assistance for them. The guide is available in all centres and has been published on the RIA website (www.ria.gov.ie) in a number of different languages. This was published in parallel with information sessions coordinated by the Citizens Information Bureau in accommodation centres which gave an opportunity for such persons to seek assistance and clarification on the services provided.  RIA, its centre managers, Citizens Information and those City and County Councils operating the Housing Assistance Payments link with such persons in accessing the appropriate supports and services, including in respect of sourcing and securing private accommodation.

In addition, following a call for proposals under the Asylum Migration and Integration Fund, a number of charities and NGOs were awarded funding for projects with the specific aim of providing assistance to those transiting from state provided accommodation to permanent homes in the community. I am confident that the services provided with this funding will prove of great assistance and benefit to all concerned. 

Assistance in moving into permanent homes in communities around Ireland is also directly provided to persons with status.

In the case of persons who have been relocated to Ireland under the EU relocation programme, we work directly with local authorities to source suitable and appropriate accommodation in the community. We also fund implementing partners through the local authorities who employ resettlement workers and intercultural workers to assist in the integration process.

In the case of persons who have been granted a leave to remain, we are in the process of engaging with the services of housing agencies and other such bodies to provide assistance and supports to persons to move in to local authority housing or the private rented sector as the case may be.

Direct Provision System

Ceisteanna (561)

Martin Ferris

Ceist:

561. Deputy Martin Ferris asked the Minister for Justice and Equality if there are, as per the McMahon report, befriending subcommittees in each direct provision centre in County Kerry; and if so, the work they carry out in view of the fact volunteers who are involved in befriending through organisations (details supplied) were not aware of their existence and do not want to duplicate work that may already be done. [16094/18]

Amharc ar fhreagra

Freagraí scríofa

Following on from the recommendations of the McMahon report, there are Friends of the Centre groups operating in all established RIA centres and groups are being developed as a matter of priority in the newer centres.  

The two NGOs mentioned are key partners in the Friends of the Centre groups for the Killarney and Tralee centres.  They work closely with residents and management in the centres and regularly visit  the centres to meet with the residents.  Indeed they assisted the Killarney centres in organising a trip around the ring of Kerry for centre residents less than two weeks ago. The last meetings of the Friends of the Centre groups in Killarney and Tralee took place in February and the next meetings are in the process of being organised and are expected to take place in May.

Departmental Funding

Ceisteanna (562)

Donnchadh Ó Laoghaire

Ceist:

562. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the capital allocation for his Department in each of the years 2019 to 2023; the areas in which this funding will be spent in each of these years; and the particular projects and particular areas of investment in this regard. [16098/18]

Amharc ar fhreagra

Freagraí scríofa

The capital allocation for the Justice Votes Group over the period 2019 to 2022, as published in the recent National Development Plan, is as follows (details for 2023 are yet to be finalised):

Year

Allocation

€ million

2019

241

2020

230

2021

208

2022

216 

Total

895

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

- Construction of the new Forensic Science Laboratory;

- Garda Síochána Building and Refurbishment Programme including replacement of the Harcourt Street Complex;

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

- Continuing Investment in the Garda Fleet;

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

- Prison Building Programme including the redevelopment of Limerick Prison; 

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

Garda Remuneration

Ceisteanna (563)

Donnchadh Ó Laoghaire

Ceist:

563. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of bringing all gardaí on salaries below €32,000 per annum up to that wage. [16099/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. I, as Minister, have no direct role in the matter.

It may be noted that the salary for new entrants as members of An Garda Síochána rises from €29,669 to €51,693 over 19 years, exclusive of allowances and overtime. Accordingly all members reach a salary of at least €32,000 per annum in light of incremental increases on the salary scale.

I have nonetheless engaged with the Garda authorities in relation to the specific information sought concerning the estimated cost of an increase in salaries. Unfortunately, in the time available, I am not in a position to provide the Deputy with that information however when it has been compiled I will revert directly to the Deputy.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 563 for answer on 17 April 2018 relating to the estimated cost of bringing all Gardaí on salaries below €32,000 per annum up to that wage. I apologise for the delay in response.
As the Deputy will recall in my reply I set out details in relation to the salary of new entrants to An Garda Síochána. I undertook to contact him again when additional details were to hand.
The Deputy will be aware that the Garda Commissioner is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. I, as Minister, have no direct role in the matter.
As set out in my initial reply, all members reach a salary of at least €32,000 per annum in light of incremental increases on the salary scale.
I am informed by the Garda authorities that the cost of bringing all Gardaí on salaries below €32,000 per annum up to that wage is estimated to be €1,487,893. This estimate is based on current salary scales including employers PRSI but excludes allowances and unsocial hour payments. It should be noted that any increase in basic salaries would result in an increase in the associated overtime rates and unsocial hour rates.
I trust that this information is of assistance.

Adoption Legislation

Ceisteanna (564)

Jim O'Callaghan

Ceist:

564. Deputy Jim O'Callaghan asked the Minister for Justice and Equality his plans to remove the anomaly that exists under legislation providing for paid adoptive leave to enable same sex couples to avail of paid adoptive leave; and if he will make a statement on the matter. [16166/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, Section 6 of the Adoptive Leave Act 1995 provides for an entitlement to 24 weeks adoptive leave for an employed adopting mother or a sole male adopter.

Following adoption of the 34th amendment to the Constitution and its subsequent legislative changes, my Department identified a lacuna in the Adoptive Leave Act 1995 that prevents male same-sex married couples from availing of adoptive leave and benefits.

To address this lacuna, my Department has prepared draft legislative proposals that will amend the Adoptive Leave Act and will afford the same entitlements to adoptive leave and benefits to all couples who are married, co-habiting or who are in a civil partnership, irrespective of gender.

The Department is currently reviewing how best to advance these legislative proposals.  One option would be to include these proposals with those planned on paid parental leave as part of a Family Leave Bill.  As the Deputy may be aware, an inter-departmental working group is due to report at the end of this month with options on paid parental leave.

Child Protection Guidelines

Ceisteanna (565)

Jim O'Callaghan

Ceist:

565. Deputy Jim O'Callaghan asked the Minister for Justice and Equality when the recommendations of the report by a person (details supplied) into the Childcare Act 1991, published in May 2017, will be implemented; and if he will make a statement on the matter. [16167/18]

Amharc ar fhreagra

Freagraí scríofa

As I previously advised the house in reply to Question No. 66 of 6 February 2018, the Garda Commissioner engaged the professional services of Professor Geoffrey Shannon, Special Rapporteur on Child Protection, to conduct an independent audit of the exercise by An Garda Síochána of section 12, Child Care Act, 1991. 

Prof. Shannon’s final Report was published on 29 May 2017 and was welcomed by An Garda Síochána. While the report identified shortcomings, particularly in relation to inter-agency co-operation, it is worth noting that one of its main findings was that the exercise of section 12 of the Child Care Act, 1991 by members of An Garda Síochána has been necessary, proportionate and legal in its performance and without discrimination.

I am advised by the Garda authorities that the findings and recommendations of the Report have been carefully examined by An Garda Síochána, and responsibility for the implementation of its recommendations now rests with the National Child Protection Unit within the Garda National Protective Services Bureau, under the direction of Assistant Commissioner, Special Crime Operations.

I understand that work is ongoing to implement the recommendations and liaison is continuing with Prof. Shannon, with an Action Plan now in place. A National Child Safeguarding Strategic Liaison Committee, comprising representatives from An Garda Síochána and Tusla, has also been established in order to progress those recommendations common to both organisations.

An Garda Síochána, under the direction of Assistant Commissioner, Special Crime Operations and D/Chief Superintendent, Garda National Protective Services Bureau will liaise with all stakeholders, both internal and external, including all relevant State and non-government agencies, to advance the implementation of the other conclusions and recommendations included in the Report.

A number of the recommendations from Dr. Shannon’s report relate to the PULSE system. The Government has already dedicated substantial resources for investment in Garda IT infrastructure. A total of €342 million has been allotted between 2016 and 2021, including €217 million in additional funding in the Capital Plan, and this investment will undoubtedly support a wide range of improvements to Garda systems including PULSE.

The Deputy will also be aware that a number of the issues highlighted in the Report come within the remit of my colleague the Minister for Children and Youth Affairs. I will, of course, assist Minister Zappone in addressing these issues where necessary, and I can assure the Deputy that An Garda Síochána will be fully supported in pursuing the very necessary reforms identified in the Report.

Garda Operations

Ceisteanna (566)

Bernard Durkan

Ceist:

566. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 272 of 13 February 2018 and 340 of 20 March 2018, if the matter has been referred to the Garda Síochána Ombudsman Commission; when a determination will issue; and if he will make a statement on the matter. [16245/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy is aware that the earlier questions referred to in the Deputy's current question were disallowed on the basis that I have no role, as Minister for Justice and Equality, in relation to Garda investigations, which constitute operational matters and are properly dealt with by An Garda Síochána in the first instance.

Aside from the matters comprehended by Section 91 of the Garda Síochána Act 2005, which relate to the investigation of complaints concerning death of, or serious harm to, a person, it is a matter for the Garda Commissioner to make a decision in relation to the referral of any matter to the Garda Síochána Ombudsman Commission. I have requested a Garda report in this regard in relation to the matter referred to by the Deputy, and I will contact the Deputy directly on receipt of a Garda report.

The Deputy will also be aware that it is open to members of the public to make complaints to GSOC in accordance with Section 83 of the Act.

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

Coroners Service

Ceisteanna (567)

Pearse Doherty

Ceist:

567. Deputy Pearse Doherty asked the Minister for Justice and Equality the persons who are legally permitted to formally identify a deceased person in instances in which a person dies unexpectedly or in which the cause of death is unexplained; the formal procedure which must be carried out for the purpose of identifying the deceased; and if he will make a statement on the matter. [16252/18]

Amharc ar fhreagra

Freagraí scríofa

The current provision with regard to formal identification of a deceased person in the circumstances the Deputy describes, is section 27 of the Coroners Act 1962. The section provides as follows:

27. - (1) A coroner holding an inquest in relation to the death of any person shall, except in a case to which section 22 or section 23 of this Act relates, view the body unless—

(a) it has been viewed by a member of the Garda Síochána who gives evidence to that effect at the inquest, or

(b) it has previously been viewed by a coroner or deputy coroner.

(2) Where a coroner is holding an inquest with a jury in relation to the death of any person, the jury shall view the body only if the coroner so directs or a majority of the jury so desires.

The primary identification of the deceased person where the coroner is concerned, will be done by a member of an Garda Síochána with any necessary information to be provided by, for example a medical professional, family member, etc.

The provision to have an inquest jury view a body is no longer used.

Garda Reports

Ceisteanna (568)

Jim O'Callaghan

Ceist:

568. Deputy Jim O'Callaghan asked the Minister for Justice and Equality further to Parliamentary Questions Nos. 244 of 23 January 2018, 322 of 30 January 2018 and 136, 137, 138, 139 and 248 of 7 February 2018, when the promised reports from An Garda Síochána will be issued; the reason for the delay in the issuing of these reports; and if he will make a statement on the matter. [16288/18]

Amharc ar fhreagra

Freagraí scríofa

As I advised the Deputy previously, the information sought in his questions was not available at the time of asking. I requested the information from the Garda Commissioner with a view to reverting to the Deputy when it was received.

The reports requested have now been received.  As the issues relate to a number of different matters I am at present having the information sought by the Deputy collated into a single response.  I will write to the Deputy shortly with the information relevant to each Question.

Garda Data

Ceisteanna (569)

John Curran

Ceist:

569. Deputy John Curran asked the Minister for Justice and Equality the number of gardaí and community gardaí stationed at Clondalkin, Lucan, Ronanstown, Ballyfermot and Rathcoole in January in each of the years 2014 to 2018, in tabular form; and if he will make a statement on the matter. [16302/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.

The Garda stations referred to form part of the Dublin Metropolitan Region (D.M.R) West Division. I am informed by the Commissioner that the number of Gardaí assigned to that Division on 28 February 2018, the latest date for which information is readily available, was 665 of whom 64 are designated as Community Garda. There are also 26 Garda Reserves and 53 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.  

This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To achieve this the Government has put in place a plan for an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. We are making real, tangible progress on achieving this goal.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, just under 1,800 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide including 155 to the D.M.R. West 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. In total, 800 Garda trainees are scheduled to attest during the year, 200 of whom attested last month. Further, Garda numbers, taking account of projected retirements, are on track to 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 D.M.R. West Division.

In relation to the number of "Community Gardaí " it is important to recognise that community policing is not a specialist role in An Garda Síochána; rather it is the case that all Gardaí have a role to play in community policing in carrying out their duties. The official categorisation as a “Community Garda" simply refers to those who are exclusively assigned to building relationships with local communities including through the giving of talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs.

I am assured by the Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime by taking into account and responding to local conditions and needs. Overall the Model advocates a partnership based, pro-active, community-orientated style of policing. It is focused on crime prevention, problem-solving and law enforcement, with a view to building trust and enhancing the quality of life of the entire community. Clear objectives are set, such as high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies.

As part of the Community Policing Model An Garda Síochána work in partnership with local communities, to prevent and deter crime through initiatives such as Neighbourhood Watch, Community Alert, Text Alert and the Garda Schools Programme as well as through more formal structures such as Joint Policing Committees.

The Community Policing Model also places a strong emphasis on Crime Prevention and within each Garda Division, where there are specialist Crime Prevention Officers (CPOs), who are trained to encourage, promote and advise on crime prevention within communities.

In addition, the National Community Policing Office, attached to the Garda Community Engagement Bureau, captures best practice in community policing initiatives and disseminates these practices through its communication network. 

I have previously stated that I welcome the strong emphasis that the Commissioner's Modernisation and Renewal Programme 2016-2021 places on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security.  In terms of progress on this important initiative, I am informed that a draft Community Policing Framework which outlines the manner in which Community Policing Teams will be established has been completed and is subject to internal review before being approved by the Garda Executive for implementation.

For the Deputy's information, I have set out below the number of Gardaí and the number of Community Gardaí assigned to Clondalkin, Lucan, Ronanstown, Ballyfermot and Lucan Garda Stations in 2014-2017, and as of 28 February 2018, the latest date for which figures are readily available.

2014

Stations

Total number of Gardaí- each Garda has a role in community policing

No. who are exclusively engaged in Community Gardaí

Clondalkin

89

7

Lucan

74

6

Ronanstown

91

6

Ballyfermot

85

9

Rathcoole

23

1

 2015

Stations

Total Strength -each Garda has a role in community policing

No. who are exclusively engaged in Community Gardaí

Clondalkin

87

8

Lucan

73

6

Ronanstown

94

10

Ballyfermot

86

7

Rathcoole

21

1

 2016

Stations

Total Strength -each Garda has a role in community policing

No. who are exclusively engaged in Community Gardaí

Clondalkin

94

7

Lucan

74

6

Ronanstown

91

7

Ballyfermot

85

4

Rathcoole

19

2

 2017

Stations

Total Strength -each Garda has a role in community policing

No. who are exclusively engaged in Community Gardaí

Clondalkin

97

7

Lucan

70

6

Ronanstown

87

9

Ballyfermot

83

7

Rathcoole

14

1

 2018*

Stations

Total Strength -each Garda has a role in community policing

No. who are exclusively engaged in Community Gardaí

Clondalkin

92

7

Lucan

70

6

Ronanstown

88

9

Ballyfermot

83

7

Rathcoole

14

1

*Up to 28 February 2018

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