Written Answers Nos 111-120
111. Deputy Pearse Doherty asked the Minister for Justice and Equality the number of new Garda recruits assigned to each Garda station in the Donegal division in each of the years 2012 to 2017, and to date in 2018, in tabular form; and if he will make a statement on the matter. [21783/18]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
I am informed by the Garda Commissioner that, as of 30 April 2018, the latest date for which figures are available, the strength of the Donegal Division was 394. There are also 14 Garda Reserves and 35 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.
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. 32 members of this cohort have been assigned to the Donegal 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; some 400 of whom have already done so. In total, 800 Garda trainees are scheduled to attest during the year. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.
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 Donegal Division.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
The number of newly attested Gardaí allocated to the Donegal Division in 2015 to 2017 and to date in 2018 is as set out in the following table:
New recruits assigned to Donegal 2015 -2018
|
DIVISION |
STATION |
2015 |
2016 |
2017 |
2018 |
TOTAL |
|
DONEGAL |
LETTERKENNY |
10 |
5 |
13 |
4 |
32 |
112. Deputy Michael McGrath asked the Minister for Justice and Equality the timeline for an organisation (details supplied) and An Garda Síochána to provide a cost-benefit analysis for the establishment of a Garda anti-fraud unit under recommendation 26 of the report on the cost of motor insurance; and if he will make a statement on the matter. [21882/18]
Amharc ar fhreagraRecommendation 26 of the ‘Report on the Cost of Motor Insurance’, published in January 2017, relates to exploring the potential for further cooperation between the insurance sector and An Garda Síochána regarding insurance fraud investigation. Specifically, this involves considering the feasibility of establishing a specialised and dedicated insurance fraud unit within An Garda Síochána, funded by industry.
As the Deputy will be aware, the Garda National Economic Crime Bureau (GNECB) has engaged with Insurance Ireland, submitting a mechanism for further cooperation and a costed proposal to Insurance Ireland in the latter half of 2017. Insurance Ireland has agreed to explore the proposal further, subject to a full cost benefit analysis, to be carried out by Insurance Ireland’s Chief Financial Officers Working Group. The intention is that such a dedicated Garda unit would be funded by Insurance Ireland members and non-members alike, i.e. all entities writing non-life insurance business in Ireland.
As I informed the Deputy recently, further progress on this recommendation is dependent upon the outcome of this cost benefit analysis, which is currently awaited. Insurance Ireland has indicated that it expects to be in a position to provide an update in this regard by the end of June 2018.
Any proposed agreed mechanism will, of course, ultimately be subject to the approval of the Garda Commissioner and myself, as Minister for Justice and Equality.
113. Deputy Michael McGrath asked the Minister for Justice and Equality the regulatory context that applies to the use of private investigators by financial services firms here; and if he will make a statement on the matter. [21887/18]
Amharc ar fhreagraThe Private Security Authority, established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of private investigators in the State. The Authority is an independent body under the aegis of my Department and I have no involvement in its day to day operations. The licensing of Private Investigators commenced on 1 November 2015.
A Private Investigator whose services are engaged by any person or organisation including a financial services firm must hold a Private Investigators Licence from the Private Security Authority and the licensee must adhere to the requirements of the Authority’s Standard for Private Investigators, PSA 42:2015. This standard is available on www.psa.gov.ie.
114. Deputy Thomas Pringle asked the Minister for Justice and Equality if the recommendation of the Oireachtas Joint Committee on Justice and Equality report on wards of court requesting a comprehensive and independent audit of the cases identified by a group (details supplied) will be implemented to ensure that optimum protection is afforded to all previous and current wards of court; and if he will make a statement on the matter. [21890/18]
Amharc ar fhreagraThe Report on Wards of Court of the Oireachtas Joint Committee on Justice and Equality recommended that a comprehensive audit be conducted of cases identified by the group referenced which they believe had funds significantly depleted during the financial crisis 2007–2009.
As the Deputy will be 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 following its appearance before the Oireachtas Joint Committee on Justice and Equality on 11 October 2017, the Courts Service considered how it could further assist the Committee in its deliberations and a letter issued to the Committee offering to commission an independent audit of the cases identified. In commissioning this audit the Courts Service offered to engage with the group and take on board any data it wished to have included in this audit. This offer was declined at that time.
The Courts Service decided, however, in the interests of transparency and good governance to proceed with the independent audit and the Committee was informed accordingly. Following a competitive procurement process in December 2017, Mazars, a leading international audit firm and with no previous involvement in the management or audit of court funds was appointed to conduct the audit. It commenced its independent review of 63 cases in January 2018. In conducting this audit, Mazars was given unrestricted access to all financial records in relation to these cases and the audit was conducted in accordance with International Standards on Auditing (Ireland).
Mazars has completed their review and their report has been made available to the group, the Oireachtas Joint Committee on Justice and Equality, the Public Accounts Committee and to my Department.
The Courts Service has advised that the review shows that there were no significant losses incurred by these cases during the financial crisis and that virtually all of these cases had net realised gains when units were sold. The very significant investment returns from investment performance extended the available funds to meet ongoing care and maintenance for these cases by a considerably longer period of time than would have been the case if these cases had not been invested in the Growth Fund.
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 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 of funds.
115. Deputy Darragh O'Brien asked the Minister for Justice and Equality the number of staff per district probate office in each of the years 2011 to 2017 and to date in 2018; and if he will make a statement on the matter. [21899/18]
Amharc ar fhreagra116. Deputy Darragh O'Brien asked the Minister for Justice and Equality the budget of each probate office in each of the years 2011 to 2017 and to date in 2018; and if he will make a statement on the matter. [21900/18]
Amharc ar fhreagraI propose to take Questions Nos. 115 and 116 together.
The Probate Office is an office of the High Court and management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions under the Courts Service Act 1998. 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 Office is funded and resourced from the overall budget allocation made to the Superior Courts Directorate which has responsibility for the administration of this Office. There is no specific budget allocation for the Probate Office and therefore it is not possible to provide the budgetary data requested by the Deputy.
The Courts Service has further advised that District Probate Registries operate as an integral part of each relevant Combined Court Office. All Combined Court Offices provide services within the overall budget allocation provided to the Circuit and District Court Directorate which has overall responsibility for the management and administration of that budget across all offices within the Directorate, including the District probate function. There is no specific budget allocation for the administration of probate services in District Probate Registries and therefore it is not possible to provide the budgetary data requested by the Deputy.
The Courts Service has informed me that the number of staff currently assigned to the Probate Office is 21.5, which includes an increase of 5.5 staff to this Office in the last 12 months to address delays in the processing of probate applications.
The Courts Service has also informed me that the staffing of the District Probate Registries forms part of the overall staff structure within the Combined Court Office. Staff are allocated to Combined Court Offices on the basis of the entire spectrum of services provided, including the delivery of probate services. The allocation of staff resources within an office at any given time is a matter for the local office manager based on business priorities and demands, particularly in relation to the support of the judiciary in the administration of justice. It is therefore not possible to provide the Deputy with data in relation to the actual number of staff assigned to probate duties in any given year.
However, as the Deputy may be aware, the Courts Service has recently completed a review of the delivery of probate services and a plan is now being developed to implement the recommendations on a phased basis. The Report has been forwarded to my Department and published on the Courts Service Website.
As part of the information gathering exercise undertaken as part of the review, the Courts Service undertook an assessment of the number of Full Time Equivalent staff assigned to Probate duties in each of the District Probate Registries. The current staffing position is provided in the table. The County Registrar fulfils the role of District Probate Registrar and has an input into the administration of the Probate function in each office.
Staffing in District Probate Registries
|
Office |
Counties served |
Number of staff for probate - (Full Time Equivalent) |
|
Cavan |
Cavan, Longford |
0.4 |
|
Dundalk |
Louth, Monaghan |
1.3 |
|
Mullingar |
Westmeath, Offaly |
0.7 |
|
Clonmel |
Tipperary |
1 |
|
Kilkenny |
Kilkenny, Carlow, Laois |
0.8 |
|
Waterford |
Waterford |
0.8 |
|
Wexford |
Wexford |
0.9 |
|
Cork |
Cork |
2.6 |
|
Kerry |
Kerry |
0.8 |
|
Limerick |
Limerick, Clare |
1.6 |
|
Sligo |
Sligo, Leitrim |
0.75 |
|
Galway |
Galway, Roscommon |
1.5 |
|
Letterkenny |
Donegal |
1 |
|
Castlebar |
Mayo |
1.25 |
117. Deputy Declan Breathnach asked the Minister for Justice and Equality the status of the independent commission on information retrieval Bill; and if he will make a statement on the matter. [21903/18]
Amharc ar fhreagraThe Deputy will be aware that the establishment of the Independent Commission on Information Retrieval (ICIR) arises as one element of the framework of measures agreed in the Stormont House Agreement of 2014
The purpose of the ICIR will be to facilitate, in a systematic way, the private disclosure of information to the families of those victims who died as a result of troubles-related violence. The ICIR will require parallel implementing legislation here and in the UK.
Work is at an advanced stage in my Department on the preparation of proposals for legislation to give effect to the establishment of the ICIR. I intend to seek the approval of the Government to draft the appropriate legislation in the near future.
118. Deputy James Browne asked the Minister for Justice and Equality his plans to extend the period for registering rights of way or otherwise amending the Land and Conveyancing Law Reform Act 2009; and if he will make a statement on the matter. [21906/18]
Amharc ar fhreagraThe position is that section 38 of the Land and Conveyancing Law Reform Act 2009 was amended by section 38 of the Civil Law (Miscellaneous Provisions) Act 2011 in order to extend from 3 years to 12 years the period for registering rights of way acquired by prescription based on a user period under the law applicable before commencement of the 2009 Act. While I have no plans at present to further amend the 2009 Act, the operation of the law in this area is being kept under review by my Department.
119. Deputy Clare Daly asked the Minister for Justice and Equality the steps taken by the Irish Prison Service to advise prisoners of their right to vote in the upcoming referendum; and if he will make a statement on the matter. [21917/18]
Amharc ar fhreagraI am advised by my officials in the Irish Prison Service (IPS) that considerable efforts have been made to facilitate prisoner voting.
The IPS has fully complied with the provisions of the Electoral Amendment Act 2006 in the context of facilitating prisoner voting in general and local elections and referenda, as follows:
Information on voting is contained in the induction packs presented to all prisoners on committal. Prison officials have worked closely with the Department of Housing, Planning and Local Government in producing an information leaflet for prisoners on prisoner voting. This leaflet is widely available in all prisons.
All prisons have a stock of ballot application forms available to prisoners on request.
All prisons have a designated official who has been appointed under the provisions of the Electoral Amendment Act 2006 with responsibility for the facilitation of prisoner postal voting.
Prisoners have access to a range of media forms including newspapers, radio and TV through which they are kept informed of current affairs. The extensive educational facilities available in the various institutions also play a role in this process of increasing prisoner awareness of political developments. Both the library service and the educational services in the prisons play a valuable role in increasing awareness among prisoners of their rights in this area.
120. Deputy Bernard J. Durkan asked the Minister for Justice and Equality further to previous parliamentary questions and the respective replies thereto in the case of a person (details supplied), if a new application for permission for family reunification is likely to receive consideration; and if he will make a statement on the matter. [21931/18]
Amharc ar fhreagraI am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the spouse of the person referred to is the subject of a valid Deportation Order made on 20 June 2002.
Representations were received, pursuant to the provisions of section 3(11) of the Immigration Act 1999 (as amended), requesting that the Deportation Order be revoked. Following the detailed consideration of the information submitted in support of the request, including all representations made around family reunification, the Deportation Order was affirmed on 9 November 2017.
As previously stated, having checked records in INIS, there are no outstanding Family Reunification applications in respect of the person concerned.
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.
