Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Wednesday, 23 May 2018

Written Answers Nos. 57 - 77

Refugee Resettlement Programme

Ceisteanna (57)

Catherine Connolly

Ceist:

57. Deputy Catherine Connolly asked the Minister for Justice and Equality the status of Ireland’s commitment to receiving 4,000 persons under the Irish refugee protection programme; the number of persons who have arrived here under the resettlement and relocation programmes as of May 2018, by countries of origin; and if he will make a statement on the matter. [22377/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Government agreed to accept 4,000 persons into the State under the Irish Refugee Protection Programme.

Under the resettlement programme, the IRPP has admitted a total of 792 refugees to date - 732 Syrians, 50 Iraqis and 10 Syrian Palestinians. A further 264 refugees - 259 Syrian and 5 Iraqi nationals - currently in Lebanon, are expected to arrive before the end of the summer, the first group of whom will come to Ireland over the next weeks.

Under the relocation programme, which is now complete, the IRPP admitted a total of 1,022 persons - 959 Syrians, 61 Iraqis, 1 Libyan and 1 Syrian Palestinian.

In addition, the Government has taken 41 unaccompanied minors from Calais to date and, working with colleagues in Tusla and the Department of Children and Youth Affairs, intends to ask Italy and Greece to provide up to 60 unaccompanied minors before the end of 2019. This will leave a balance of 1,881 persons due to come to Ireland under the Programme.

A second phase of the IRRP has now commenced to address the balance of persons still to be admitted. Two missions to Lebanon will take place in June and September 2018 with a view to selecting 345 refugees. Further missions will take place in 2019 to select an additional 600 refugees.

The Government has also recently announced a further mechanism to deliver on the commitment of 4000. The recently announced IRPP Humanitarian Assistance Programme (IHAP) will provide for the admission of up to 530 immediate family members of Irish citizens, beneficiaries of international protection and programme refugees from the top ten major source countries of refugees listed under the UNHCR Annual Global Trends Report before the end of 2019. The first call for proposals under the IHAP was launched on 14 May 2018 and will remain open until 30 June 2018. Two further calls will be made during this year and additional calls may be made in 2019.

The remaining balance under the IRPP will be admitted either by way of increased resettlement pledges or via the IHAP, if there is sufficient demand under this programme.

Garda Síochána Ombudsman Commission

Ceisteanna (58)

Donnchadh Ó Laoghaire

Ceist:

58. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if he is satisfied with the functioning of the Garda Síochána Ombudsman Commission, with particular reference to efficiency, timeliness of investigation, work practices and outcomes. [22684/18]

Amharc ar fhreagra

Freagraí scríofa

Let me say at the outset that the Garda Síochána Ombudsman Commission has a hugely important role to play in ensuring that public confidence in the Garda Síochána is safeguarded and as such, it has extensive powers under the Garda Síochána Act 2005, as amended.

As part of its effort to keep the public informed about its activities, GSOC publishes certain information concerning its operations on its website on a quarterly basis. The most recent update shows that, between January and March 2018:

- 628 calls were received on its complaints telephone line.

- 500 complaints were received.

- 490 complaints were closed.

- There were 12 referrals from the Garda Síochána for independent investigation under S.102(1) of the Garda Síochána Act (2005).

- There was 100% compliance rate in requests for documentation from the Garda Síochána.

- It took an average of 18 days for requests for information/documentation from the Garda Síochána to be fulfilled.

- 3 investigations were opened in the public interest.

During the year 2017, GSOC referred 16 files to the Director of Public Prosecutions for direction compared to five in the previous year.

As regards the efficiencies achieved by GSOC in the course of their activities, I am advised that in March 2017 the Commission initiated an internal strategic review of the organisation’s processes, people and structures, resulting in the creation of a Business Improvement Team (BIT) compromising staff from all grades and business areas, which examined how GSOC operates under the existing legislation, what their current staffing requirements are, and what their future requirements would be in light of potential changes in the legislative and policing environment.

I met with the Chair of GSOC last September and discussed with her, among other things, the resourcing of GSOC. I invited her to set out for me her best assessment of the overall resource requirements to provide the level of service that complainants, and all those interested in the effective and efficient investigation of complaints against members of An Garda Síochána, expect and deserve. Subsequently, in February 2018, a detailed business case proposal for additional resources was provided by GSOC. My Department has sought some additional information from GSOC which it expects to receive very shortly. Thereafter, my Department will engage with GSOC and the Department of Public Expenditure and Reform with a view to ensuring that GSOC is properly resourced to fulfil its very important functions.

Furthermore, in December 2017 GSOC submitted proposals for changes to the Garda Síochána Act 2005 with a view to improving and streamlining the provision of its services. These proposals are being examined in my Department at present. I would point out to the House that the Commission on the Future of Policing is due to report later this year and I expect that its proposals will have implications for the current oversight structures. I have advised GSOC that it will be appropriate to await this report before making final decisions on what changes will be made to the 2005 Act.

Whilst GSOC have highlighted areas where they see improvements or enhancements which may be implemented so as to strengthen their investigative processes, I am satisfied that the staff at GSOC are committed to providing an essential public service to the highest of standards within the current statutory framework.

I can assure the Deputy that the resources and funding of GSOC are kept under continuing review to ensure it is able to operate effectively and efficiently and in accordance with its statutory remit.

Garda Accommodation

Ceisteanna (59)

Seán Sherlock

Ceist:

59. Deputy Sean Sherlock asked the Minister for Justice and Equality when it is expected all Garda accommodation in the State will be filled; and the engagements he has had with the OPW in this regard. [22691/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has responsibility for the provision and maintenance of Garda accommodation, including official housing. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.

Immigration Policy

Ceisteanna (60)

Mick Wallace

Ceist:

60. Deputy Mick Wallace asked the Minister for Justice and Equality the steps he is taking to ensure that the recent Supreme Court ruling (details supplied) that the State should take account of a person's private life in certain immigration cases will be adhered to; and if he will make a statement on the matter. [22699/18]

Amharc ar fhreagra

Freagraí scríofa

I am informed by the Irish Naturalisation and Immigration Service that the judgment of the Supreme Court in the case referred to by the Deputy was delivered by the Court on 24 April 2018.

My Department will, of course, be complying with the judgment in this case and I am informed that the immigration service is studying the judgment with its legal advisors on any wider implications of the case. However, it is important to note that the Supreme Court itself in the judgment stressed that the judgment related only to the cases at hand and only on the facts of these appeals. It went on to state that whether other cases are potentially affected does not arise as these appeals concern only the respondents.

Coroners Service

Ceisteanna (61)

Clare Daly

Ceist:

61. Deputy Clare Daly asked the Minister for Justice and Equality the reason for the repeated delay in publication of the coroners (amendment) Bill; and if he will make a statement on the matter. [22651/18]

Amharc ar fhreagra

Freagraí scríofa

The Coroners (Amendment) Bill is a very important Bill, on which my officials have already completed a great deal of work. It is a priority for me for the Government as reflected by its inclusion on the Government’s list of priority legislation for publication during this Oireachtas session.

This Bill will introduce mandatory reporting, post-mortem examination and inquest in cases of direct or indirect maternal death. It will also extend the legal aid provisions, introduced for certain inquests in the Civil Law (Miscellaneous Provisions) Act 2013, to a family member of the deceased at an inquest into a maternal death.

This will ensure clarity for responsible persons, including hospital authorities, and will support the development of transparent and accountable oversight for checking and investigating certain types of death. Most importantly, it will provide clarity and transparency for bereaved families. I take this opportunity to acknowledge the contribution made by the Deputy to the Bill, through her earlier Private Member's Bill.

It will be an offence for a responsible person not to report a mandatory reportable death to the coroner. There will also be improved provisions on the reporting of certain peri-natal and infant deaths, to support prompt and transparent provision of information by health and other authorities to bereaved families. More broadly, the Bill will also update and strengthen the legal powers available to coroners regarding reporting, post-mortem and inquest of unnatural deaths; and including more robust powers to compel attendance by witnesses and the production of documents at inquest. The Bill will also allow a wider scope for inquests, from investigating the immediate cause of death to establishing the circumstances in which the death occurred.

The public importance of effective and transparent independent investigation in such cases is obvious. In addition, these measures will strengthen our compliance with the European Convention on Human Rights.

We are awaiting a further full draft of the Bill from the Office of Parliamentary Counsel. My officials continue to work intensively to advance this work. However, I agree that it is taking considerably longer than I had wished or that we had intended to finalise the Bill for publication.

The reasons for this are genuine. It is a complex Bill, both in drafting terms and on the substance. While the Deputy's Bill and much of the work done by my Department on reforms relate to the text of the 2007 Coroners Bill, that Bill provided for a comprehensive reform of coronial law and of the administrative structure of the coroner service in Ireland. That administrative reform requires significant updating and is not yet ready to proceed. In drafting terms, it is a complex exercise to translate the key reforms we are seeking to make now, which are derived from or drafted in the framework of the 2007 Bill, into the structure and language of the existing legislation which dates from 1962.

In addition, the Deputy will be aware there is a huge amount of overall legislative activity – and even of priority legislation - at present in relation both to Private Members’ Bills, and to the Government’s legislative programme, across a large number of fronts. The volume of legislative work means that the resource of the specialists who are available to do it is often spread very thinly.

I am currently in further contact with the Attorney General to establish how the drafting can most quickly be completed. The Office of Parliamentary Counsel has assured my Department that they are very conscious of the timetable for this Bill and that, as a priority Bill in the Government Legislation Programme, they will make every effort to facilitate its delivery and publication before the end of the current Dáil session. I intend to move the Bill as early as possible after publication, so that, with the cooperation of all sides, we can facilitate its swift passage through the Houses.

Garda Strength

Ceisteanna (62)

Bernard Durkan

Ceist:

62. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the strength of An Garda Síochána has been augmented to date; the degree to which the strength of the force will be increased in the future; if he expects stations in both urban and rural areas to benefit from the increase in the strength of the force; and if he will make a statement on the matter. [22656/18]

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 by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. Where a deficiency in resources is identified the matter is considered fully and addressed accordingly.

I am further informed by the Commissioner that on the 30 April 2018, the latest date for which figures are readily available, the strength of An Garda Síochána was 13,632. There are also 562 Garda Reserves and more than 2,280 civilians attached to An Garda Síochána.

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. 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, some 200 of whom attested in March. Further, Garda numbers, taking account of projected retirements, are on track to reach 14,000 by the end of this year.

Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

In addition to the investment in more Gardaí, 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.

We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within both urban and rural communities and will enable the Commissioner to provide additional resources across every Garda 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.

Public Procurement Regulations

Ceisteanna (63)

Mick Wallace

Ceist:

63. Deputy Mick Wallace asked the Minister for Justice and Equality if he is satisfied that all bodies under his Department's remit are receiving value for money; his views on the 182 breaches amounting to €45 million of public procurement guidelines in 2016; the steps he is taking to ensure this matter is resolved; and if he will make a statement on the matter. [22701/18]

Amharc ar fhreagra

Freagraí scríofa

I can assure the Deputy that every effort is made to ensure that the voted allocations for the Justice Vote Group are expended in an effective and efficient manner to ensure value for money is obtained.

The total budget for the Justice Vote Group in 2018 is in region of €2.58 billion of which €1.89 billion (74%) relates to payroll and superannuation; €540 million (21%) is non pay current expenditure and €144 million (5%) is capital related. There are six votes in the Justice Vote Group in 2018 and it is the responsibility of each Accounting Officer to ensure that all expenditure is properly expended and accounted for culminating in a Statement of Internal Financial Control which accompanies the annual appropriation account for each Vote.

There is a range of oversight measures in place across the Justice sector which supports the process of ensuring that value for money is derived from voted expenditure. A Financial Management Committee comprising of the senior finance representatives from each of the Vote areas meets on a monthly basis to review expenditure against budget across the entire Vote Group. In turn, the governance agreements in place with the various agencies and bodies under the remit of the Department reflect the need for appropriate financial and budgetary oversight and management and each Vote area has appropriate finance units and internal audit functions, relative to the size, legal framework, and complexity of the organisation in place. This further strengthens financial management across the sector to ensure that voted funding is spent appropriately and value for money is obtained.

The specific figures cited by the Deputy refer in approximate terms to the supply arrangements reported under Department of Public Expenditure and Reform Circular 40/2002 across all of the Votes in the Justice Group in 2016. These relate to scenarios where tendering is not deemed feasible and a return is made to the Comptroller and Auditor General in compliance with that circular. It is important to point out that the vast majority of procurements are the subject of up to date tender competitions, many of which are now run in conjunction with the Office of Government Procurement. Every effort is made to minimise the number of supply arrangements which fall to be reported under Circular 40/02. However, across Departments generally there will always be some procurement arrangements which fall to be reported under this circular including for example in relation to the proprietary nature of goods and services where there is a sole supplier of the goods or services in question or where annual licensing renewals arise including for example in relation to ICT software and systems. There are other situations where tendering may not always be feasible, such as where specific specialist knowledge is required, where urgency is a factor or where it has been necessary to extend a pre-existing contract for a period of time pending new tender competitions being completed.

Prison Investigations

Ceisteanna (64)

Clare Daly

Ceist:

64. Deputy Clare Daly asked the Minister for Justice and Equality further to Parliamentary Question No. 126 of 10 May 2018, if the report (details supplied) will be made available to persons who co-operated with the investigation; and if he will make a statement on the matter. [22652/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Prison Service that the enquiry into this matter was considered an operational matter and it was not envisaged that it would be published or furnished to any party to the enquiry. As was outlined in Parliamentary Question 156 of 8 February 2018 there were legal and procedural flaws identified in the way the enquiry was conducted and a second external investigator was appointed to bring the enquiry to a satisfactory conclusion. Unfortunately it proved neither practical nor feasible to continue with the enquiry. In the circumstances, therefore, the report will not be made available to persons that had co-operated with the investigation.

I am informed, however, that the Director General of the Irish Prison Service corresponded directly with an individual who had co-operated with the investigation and advised that person the circumstances in which it proved neither practical or feasible to continue with the enquiry.

I also refer the Deputy to the replies given to Parliamentary Questions 15317/17, 28026/17, 55024/17 and 20602/18 which relate to this matter and provide additional clarification.

Protected Disclosures

Ceisteanna (65)

Mick Wallace

Ceist:

65. Deputy Mick Wallace asked the Minister for Justice and Equality the status of the complaint made on 8 May 2014 about Garda involvement in the heroin trade in Athlone; the status of the investigation into same; and if he will make a statement on the matter. [22697/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Protected Disclosures Act was enacted in 2014 to allow employees to bring alleged wrongdoing to the attention of the appropriate authorities. The Act also affords very important protections to persons making protected disclosures and specifically included the GSOC as a designated body for receipt of protected disclosures. The protections afforded under the Act include protection from dismissal and other forms of penalisation and for the protection of the identity of persons making disclosures. I am sure that the Deputy appreciates that the protection of whistleblowers rightly prioritises the confidentiality of the process, which is central to the efficacy of that process.

A further point needs to be made. The protected disclosure that the Deputy refers to was not made to me as Minister. As I understand it, the protected disclosure was made directly to the Garda Síochána Ombudsman Commission (GSOC) by the member. This House is well aware of the independence of GSOC so I need not labour the issue except to say GSOC’s statutory independence prevents me from interfering in any matter that that body may or may not be investigating. That is the guarantee of GSOC's independence and the guarantee to persons making complaints that their complaints will be considered independently and free from outside interference.

I have full confidence in the role that GSOC plays in investigating complaints of wrongdoing in the Gardaí, including protected disclosures from members. Therefore, I urge members of this House to allow GSOC the time and space necessary to carry out its investigations. What may seem like a simple enough issue to the member, can conceal layers of complexity that emerge only when an investigation gets under way. Bear in mind that GSOC have a responsibility to persons making complaints as well as to those against whom allegations are made to carry out a full, complete and impartial investigation in order to arrive at the truth.

With regard to the specific member referred to in the Deputy's question, while there has been correspondence between my Department and the legal representatives of the Garda in question, the matters raised relate to workplace arrangements. There are matters raised in the correspondence that I, as Minister, cannot involve myself in but I have asked the Garda Commissioner for an up-to-date report.

I have to emphasise one point: I, as Minister, have no authority to direct the Garda Commissioner in matters concerning the control, operation and direction of An Garda Síochána. Nor can I interfere in any investigation undertaken, or being undertaken, by An Garda Síochána. Similarly, certain workplace issues which have also been raised in the correspondence are not matters in which I have authority to act, nor indeed would the Deputy wish me to have such authority. These are properly matters for the Garda Commissioner.

This may be difficult for the Deputy to accept but he and others in this House would be quick to point out the flaws in any system which would allow any Minister for Justice to interfere with the role of the Garda Commissioner or to seek to direct the Garda Commissioner how to handle workplace issues or investigations. The Garda Commissioner is entitled to have the powers and independence of that office respected. GSOC are entitled to the same respect.

I will await the outcome of any investigation that GSOC and An Garda Síochána are pursuing and give consideration to what emerges.

Finally, I want to remind the House that term of reference [p] of the Disclosures Tribunal covers complaints by members of the Gardaí who had made a protected disclosure prior to 16 February 2017 and who were, as a result, targeted or discredited with the knowledge or acquiescence of senior members of the Garda Síochána.

Direct Provision Data

Ceisteanna (66)

Catherine Connolly

Ceist:

66. Deputy Catherine Connolly asked the Minister for Justice and Equality the number of persons in direct provision according to age, gender and nationality; the length of time persons have been waiting to have their application processed; the number waiting for more than one, two, three, four, five, six, seven, eight, nine and ten years; the number and location of the accommodation centres; the annual cost of direct provision; and if he will make a statement on the matter. [22376/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware when a person comes to Ireland seeking international protection status under international law, the State offers inter alia full bed and board including all utilities, medical facilities ensuring the applicant’s basic needs are met while their application is being processed. This is referred to as ‘direct provision’ and not all applicants take up this offer.

On 6 May 2018, the Reception and Integration Agency of my Department had contracts for 35 accommodation centres for protection applicants. Accommodation centres are located in the following counties: Clare; Cork; Dublin; Galway; Kerry; Kildare; Laois; Limerick; Longford; Louth; Mayo; Meath; Monaghan; Sligo; Tipperary; Waterford; and Westmeath. The 2018 budget for this accommodation is €66.6 million.

On 31 December 2016, the International Protection Act 2015 (IPA 2015) was commenced, providing for the introduction of a single application procedure for people seeking international protection in the State. The 2015 Act replaces the previous sequential application system with a single application process, for asylum, subsidiary protection and permission to remain in the State, bringing Ireland into line with the processing arrangements applicable in other EU Member States. However, the Act also contained transitional arrangements which has put further pressures on processing. The main challenge now faced is the need to quickly process the substantial number of cases on hand many of which were carried over from the previous system.

As of 17 May 2018, there are a total of 3,002 applications for international protection pending in the International Protection Office awaiting a first instance decision, where the applicant is accommodated under the system of Direct Provision. Over half of these cases are less than one year in the system, 95% are two years or less and 99.5% are three years or less. Just 15 cases have been identified as pending in the IPO for more than 3 years and the length of time taken to process these particular cases may be due to the personal circumstances of the applicant. This is a major improvement from the situation when the McMahon Working Group reported on the matter in June 2015.

Some 535 of the 3,002 pending applications were made before the commencement of the 2015 Act but were not finalised by the former Office of the Refugee Applications Commissioner (ORAC) and the former Refugee Appeals Tribunal (RAT) by that date. These applications reverted to be processed by the IPO under the transitional provisions of the International Protection Act 2015.

The following table shows the number of persons residing in accommodation provided under the system of Direct Provision. The figures include both applicants and persons who are outside the protection process who remain in Direct Provision while they transition to mainstream accommodation. No breakdown is provided for nationalities with less than 10 applicants due to the increased risk of their identification, which is prohibited under Section 26 of the International Protection Act 2015.

Female

Nationality

under 18

18-35

36-50

51-65

65+

Total

Afghanistan

6

3

2

0

0

11

Albania

58

90

32

4

1

185

Algeria

7

10

4

0

0

21

Angola

5

12

1

2

0

20

Armenia

1

3

1

0

0

5

Bangladesh

22

25

5

0

0

52

Benin

4

2

1

0

0

7

Bolivia

4

0

2

0

0

6

Botswana

3

5

9

1

0

18

Brazil

3

1

3

0

0

7

Burundi

2

3

0

0

0

5

Cameroon

7

18

12

0

2

39

Congo, The Democratic Republic Of The

55

66

24

5

0

150

Congo, The Republic Of The

0

3

1

0

0

4

Cote D'Ivoire

2

1

4

0

0

7

Egypt

0

0

0

1

0

1

Eritrea

1

2

2

0

0

5

Ethiopia

1

3

4

0

0

8

Georgia

30

37

22

9

0

98

Ghana

3

6

4

1

0

14

India

3

13

3

0

0

19

Iran (Islamic Republic Of)

1

3

5

1

1

11

Iraq

11

15

4

3

1

34

Kenya

4

2

2

0

0

8

Kosovo / UNSCR 1244

7

6

1

0

0

14

Kuwait

0

2

0

1

0

3

Liberia

1

1

0

0

0

2

Libyan Arab Jamahiriya

4

2

0

0

0

6

Malawi

33

55

20

5

0

113

Malaysia

4

2

2

0

0

8

Mauritius

11

4

4

1

0

20

Morocco

2

3

2

0

0

7

Nepal

3

6

0

0

0

9

Nigeria

119

121

110

12

1

363

Pakistan

82

63

46

5

2

198

Palestinian Territory, Occupied

3

2

2

0

0

7

Russian Federation

4

2

2

1

0

9

Rwanda

3

2

3

0

0

8

Sierra Leone

7

11

5

0

0

23

Somalia

3

13

2

0

1

19

South Africa

55

56

36

8

3

158

Sri Lanka

1

2

1

0

0

4

Sudan

1

3

2

0

0

6

Swaziland

2

2

3

0

0

7

Syrian Arab Republic

100

76

25

8

2

211

Togo

0

1

1

0

0

2

Uganda

2

7

3

0

0

12

Ukraine

5

6

6

4

2

23

Venezuela

1

9

0

2

0

12

Zambia

3

2

1

1

0

7

Zimbabwe

94

193

85

7

0

379

Others

Total

2365

Male

Nationality

under 18

18-35

36-50

51-65

65+

Total

Grand Total

Afghanistan

10

146

17

3

0

176

187

Albania

73

142

42

11

0

268

453

Algeria

9

81

38

2

0

130

151

Angola

3

3

3

0

0

9

29

Armenia

3

2

3

0

0

8

13

Bangladesh

13

102

44

0

0

159

211

Benin

1

1

1

0

0

3

10

Bolivia

1

3

1

0

0

5

11

Botswana

3

3

0

0

0

6

24

Brazil

1

0

2

0

0

3

10

Burundi

1

6

4

0

0

11

16

Cameroon

5

11

9

2

0

27

66

Congo, The Democratic Republic Of The

63

74

46

3

0

186

336

Congo, The Republic Of The

0

2

4

1

0

7

11

Cote D'Ivoire

0

2

2

0

0

4

11

Egypt

0

6

6

2

1

15

16

Eritrea

1

3

3

0

0

7

12

Ethiopia

4

4

7

0

0

15

23

Georgia

31

101

53

8

0

193

291

Ghana

5

12

20

1

0

38

52

India

4

19

10

1

1

35

54

Iran (Islamic Republic Of)

0

15

4

0

0

19

30

Iraq

16

37

10

2

0

65

99

Kenya

1

0

2

0

0

3

11

Kosovo / UNSCR 1244

2

6

3

0

0

11

25

Kuwait

4

5

4

0

0

13

16

Liberia

5

1

2

1

0

9

11

Libyan Arab Jamahiriya

4

14

5

0

0

23

29

Malawi

38

60

23

1

0

122

235

Malaysia

6

0

1

1

0

8

16

Mauritius

5

6

9

1

0

21

41

Morocco

3

8

4

2

0

17

24

Nepal

2

9

2

0

0

13

22

Nigeria

149

72

96

8

0

325

688

Pakistan

84

231

124

21

5

465

663

Palestinian Territory, Occupied

4

16

2

1

0

23

30

Russian Federation

3

3

5

4

0

15

24

Rwanda

5

2

1

0

0

8

16

Sierra Leone

7

12

2

0

0

21

44

Somalia

4

14

5

1

1

25

44

South Africa

78

18

44

11

0

151

309

Sri Lanka

1

8

0

0

0

9

13

Sudan

2

13

15

0

0

30

36

Swaziland

4

3

3

0

0

10

17

Syrian Arab Republic

94

118

31

13

1

257

468

Togo

0

5

3

0

0

8

10

Uganda

3

2

0

0

0

5

17

Ukraine

4

4

7

2

1

18

41

Venezuela

3

11

4

0

1

19

31

Zambia

3

0

0

0

0

3

10

Zimbabwe

77

123

63

2

0

265

644

Others

181

Total

3286

Grand total

5832*

*Grand total of Female male and others

Garda Training

Ceisteanna (67)

Jim O'Callaghan

Ceist:

67. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if he will address reports by an organisation (details supplied) that up to 50% of frontline gardaí cannot participate in high speed chases or use sirens due to the fact that they do not have basic training; and if he will make a statement on the matter. [22644/18]

Amharc ar fhreagra

Freagraí scríofa

As you will appreciate, it is the Garda Commissioner who has statutory responsibility for carrying on and managing and controlling generally the administration and business of An Garda Síochána including training and I, as Minister, have no direct role in the matter. It is important to say that members of An Garda Síochána undertake a wide variety of roles that require different skill sets and different kinds of training including, for example, in relation to child protection, crime scene examination, cybercrime and so forth. It is not necessary for every member to be skilled in every area of policing. In the case of advanced driving skills, not all members are required to drive on a daily basis or to have the capacity to respond emergency response calls in a high speed vehicle.

Responsibility for training lies with the Garda College and the Divisional Continuing Professional Development Schools under the overall responsibility of the Executive Director for Human Resources and People Development and I am informed by the Garda authorities that following a review of its driver training programmes in 2009, An Garda Síochána introduced a five level suite of competency based driving (CBD) courses with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training. The review was informed by the Garda Inspectorate’s report into roads policing. I understand that CBD Level 2 is a three week course and enables those members who successfully complete the course to drive the majority of patrol cars and public order vans available to them. I am advised by the Commissioner that since 2009 in the region of 2,700 members have successfully completed this level of training course. This figure does not include those who would have completed driver training prior to the introduction of the new competency based driving programme.

Members who successfully complete level 2 or higher are permitted to engage in answering emergency response calls and may avail of exemptions under the Road Traffic Legislation where necessary and safe to do so. In addition, where exceptional circumstances arise which require a subject vehicle to be detained, these members may engage in tactical resolution to stop the vehicle where authorised to do so by the relevant Garda communications room.

The Deputy will be aware that under this Government's programme of accelerated recruitment, just under 1,800 new recruits have attested as members of An Garda Síochána since the reopening of the Garda College in September 2014. I am informed by the Commissioner that this welcome increase in the strength of the Garda rank together with some 2,000 new vehicles coming on stream in the period 2013 to 2017 has resulted in a continuous demand for driver training courses. While this has resulted in some delays in the provision of training courses, I have no information to suggest that it has affected the capacity of An Garda Síochána to respond to incidents as required.

I am advised that Garda management are conducting a review to identify how the delivery of the current driver training system can be improved. I understand that consultations have taken place with the PSNI and other police services to identify best practice with regard to models of training. Pending the outcome of this review I am advised that places on driving courses will continue to be allocated on a scheduled basis with priority being given where there is an immediate operational demand for drivers in a Division or Unit.

Garda Training

Ceisteanna (68)

Donnchadh Ó Laoghaire

Ceist:

68. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of serving gardaí who have completed the competency based driving, CPD2, driving courses; if he is satisfied an adequate number of gardaí have this training; and if he will make a statement on the matter. [22683/18]

Amharc ar fhreagra

Freagraí scríofa

As you will appreciate, it is the Garda Commissioner who has statutory responsibility for carrying on and managing and controlling generally the administration and business of An Garda Síochána including training and I, as Minister, have no direct role in the matter. It is important to say that members of An Garda Síochána undertake a wide variety of roles that require different skill sets and different kinds of training including, for example, in relation to child protection, crime scene examination, cybercrime and so forth. It is not necessary for every member to be skilled in every area of policing. In the case of advanced driving skills, not all members are required to drive on a daily basis or to have the capacity to respond emergency response calls in a high speed vehicle.

Responsibility for training lies with the Garda College and the Divisional Continuing Professional Development Schools under the overall responsibility of the Executive Director for Human Resources and People Development and I am informed by the Garda authorities that following a review of its driver training programmes in 2009, An Garda Síochána introduced a five level suite of competency based driving (CBD) courses with each level specifically catering for the required knowledge base, skill set and operational requirements of members undergoing the relevant training. The review was informed by the Garda Inspectorate’s report into roads policing. I understand that CBD Level 2 is a three week course and enables those members who successfully complete the course to drive the majority of patrol cars and public order vans available to them. I am advised by the Commissioner that since 2009 in the region of 2,700 members have successfully completed this level of training course. This figure does not include those who would have completed driver training prior to the introduction of the new competency based driving programme.

Members who successfully complete level 2 or higher are permitted to engage in answering emergency response calls and may avail of exemptions under the Road Traffic Legislation where necessary and safe to do so. In addition, where exceptional circumstances arise which require a subject vehicle to be detained, these members may engage in tactical resolution to stop the vehicle where authorised to do so by the relevant Garda communications room.

The Deputy will be aware that under this Government's programme of accelerated recruitment, just under 1,800 new recruits have attested as members of An Garda Síochána since the reopening of the Garda College in September 2014. I am informed by the Commissioner that this welcome increase in the strength of the Garda rank together with some 2,000 new vehicles coming on stream in the period 2013 to 2017 has resulted in a continuous demand for driver training courses. While this has resulted in some delays in the provision of training courses, I have no information to suggest that it has affected the capacity of An Garda Síochána to respond to incidents as required.

I am advised that Garda management are conducting a review to identify how the delivery of the current driver training system can be improved. I understand that consultations have taken place with the PSNI and other police services to identify best practice with regard to models of training. Pending the outcome of this review I am advised that places on driving courses will continue to be allocated on a scheduled basis with priority being given where there is an immediate operational demand for drivers in a Division or Unit.

Garda Reserve

Ceisteanna (69)

Aindrias Moynihan

Ceist:

69. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the number of Garda reserves in each of the Cork divisions; the number of new reserves recruited in each division; the number of reserves in each division who went on to become gardaí or are in training in each of the past three years; and if he will make a statement on the matter. [22694/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible for the carrying on and managing generally the administration and business of the An Garda Síochána including by arranging for the recruitment, training and appointment of the Reserve members. As Minister, I have no direct role in the matter.

I am advised by the Commissioner that the strength of the Reserve on the 30 April 2018 was 562. It is regrettable that there has been a substantial reduction in the strength of the Reserve in recent years from a peak of 1,164 in 2013. The fall-off arises from a range of factors, not least the lifting in 2014 of the moratorium on recruitment of trainee Gardaí which has affected Reserve numbers in two ways: firstly, 243 serving Reserves have successfully applied to become trainee Gardaí, and secondly, resources in both An Garda Síochána and in the Public Appointments Service (PAS) have been focused on delivering an accelerated programme of recruitment of full time members of An Garda Síochána.

I am sure that the Deputy will agree, notwithstanding the very valuable contribution of Reserve members throughout the country, that it was the right decision, with finite resources, to prioritise the running of recruitment campaigns to replenish the full-time ranks of An Garda Síochána over the last three years.

The "Programme for a Partnership Government" includes a commitment to double the Garda Reserve to act in a supportive role undertaking local patrols and crime reduction measures. In line with this, the Government has in place a plan to achieve a Reserve strength of 2,000 by 2021.

With the plan to reach 15,000 Garda members well on track, it was possible for the Commissioner and the Public Appointments Service to undertake a new recruitment campaign for Garda Reserves last March. That competition attracted 2,394 applicants of whom 498 successfully completed the initial stages carried out by PAS. These applications are currently being processed by the Garda Appointments Office. The time frame for this can vary due to a number factors, including the length of the vetting process which may, for example, be more time consuming if the applicant has resided abroad or is deferred for medical reasons. It is expected that the first of the successful candidates will commence training in the Garda College in the coming months.

In conjunction with the major expansion of the Reserve over the next number of years, we must ensure that it is used to optimum effect to support effective policing. To inform future decisions around the use of the Reserve, An Garda Síochána is conducting a strategic review as a matter of priority with a view to completion in the first half of the year as set out in the Policing Plan 2018.

As a first step, the Garda Executive has taken a decision to transfer the management of the Reserve to the Assistant Commissioner with responsibility for Community Engagement. This is intended to ensure that its development and deployment is viewed more broadly through a community policing lens. This is a very welcome step as it is my strong view that the greatest dividend to be gained from the Reserve is in terms of a visible presence on the ground and engaging with local communities.

For the Deputy's information I have set out in the table the number of Reserves in each of the Cork Division as of 30 April 2018, the latest date for which figures are currently available. I have requested the specific information asked by the Deputy in relation to the number of reserves from each of the Cork Divisions who attested as members of An Garda Síochána in last three years or are currently in the Garda College from the Commissioner and I will revert to the Deputy when this information is to hand.

Garda Reserve Strength 30 April 2018

Division

Total

Cork City

42

Cork North

12

Cork West

8

Foreign Conflicts

Ceisteanna (70)

Seán Sherlock

Ceist:

70. Deputy Sean Sherlock asked the Minister for Justice and Equality the engagement he has had with An Garda Síochána with regard to Irish citizens in Syria engaged in the conflict there. [22688/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate that, like all other open and democratic societies Ireland faces a threat from international or jihadi-inspired terrorism. The expert assessment is that while an attack here is possible, it is unlikely.

The Garda Authorities will continue to take all necessary security measures, supported where required by the Defence Forces, that are proportionate to the threat. It would be unwise to disclose publicly the detail of those measures as that would simply serve to undermine their effectiveness.

What I will say is that the Garda Authorities have in place robust tactical response, prevention and disruption capabilities to combat the terrorist threat. The considerable skills, expertise and resources of our Defence Forces are also available, as needed, in this regard. The Authorities here exercise those capabilities, individually and jointly, publicly and privately on a regular basis to ensure preparedness.

While there is a small number of people in Ireland whose activities in support of jihadist-type extremism give cause for concern, they are monitored on an ongoing basis with a view to preventing offences and securing evidence for prosecutions.

There is also a small number of people, estimated to be in the order of 30 or so, who have travelled from Ireland to fight with jihadist-type groups in the conflict in Syria and Iraq. Unfortunately, a number of those are understood to have lost their lives. The Deputy will understand, of course, that in the circumstances of conflict, it can be difficult to ensure the reliability of information in matters such as these.

The Gardaí work very closely on an ongoing basis with their security and intelligence counterparts in the UK, EU and other states in respect of these issues. I will continue to provide significant resources to the Gardaí to upgrade and expand their information-sharing capabilities, notably to ensure enhanced access to EU information resources.

I can assure the House that I am briefed regularly on the status of the jihadist-inspired threat both by the Garda Authorities directly and by my officials who maintain ongoing contact with the Gardaí in this regard.

Anti-Social Behaviour

Ceisteanna (71)

Jim O'Callaghan

Ceist:

71. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of persons given anti-social behaviour warnings in 2016 and 2017 by children and adults; the number of anti-social behaviour orders sought in the same period; and if he will make a statement on the matter. [22648/18]

Amharc ar fhreagra

Freagraí scríofa

At the outset, I would like to thank the Deputy for raising this issue and my reply, a copy of which the Deputy should now have, includes figures most readily available from An Garda Síochána in relation to anti-social behaviour warnings. The figures are broken down by Garda region and are voluminous in nature, but I hope the Deputy finds the information useful.

I can assure the Deputy that An Garda Síochána remains committed to tackling public disorder and anti-social behaviour by working with communities to reduce this type of behaviour and enhance community safety. The Garda approach includes a strong focus on quality of life issues and collaboration with local authorities, businesses (in particular the night time economy) and other stakeholders to help address the causes of anti-social behaviour.

In setting up the ASBO regime back in 2007, these interventions - warnings, good behaviour contracts and referrals to the Juvenile Diversion Programme - were intended to address the problem behaviour. The rationale was that if they succeeded, there would be no need to apply to the courts for an order. It was only if they failed to lead to a behaviour adjustment by the person in question that a court order would then be applied for.

It is widely acknowledged the use of ASBOs is only suitable in certain circumstances and indeed it is only one crime prevention option open to An Garda Síochána in tackling this type of crime. As the Deputy will be aware, An Garda Síochána already employs a wide range of operational measures aimed at tackling public-order offences and anti-social behaviour. These measures are underpinned by a comprehensive legal framework. Of course, addressing local community concerns in relation to public order and anti-social behaviour is a key focus in An Garda Síochána's National Community Policing Model and a range of strong legislative provisions are available to An Garda Síochána in this regard, including those under:

- the Criminal Damage Act 1991;

- Criminal Justice (Public Order) Act 1994;

- the Criminal Justice (Public Order) Act 2003; and

- the Intoxicating Liquor Acts 2003 and 2008.

All forms of anti-social behaviour, particularly the type of behaviour we witnessed in Clongriffin recently, has no place in a civilised society. For its part, the Government remains committed to ensuring that An Garda Síochána have all the necessary resources to tackle all forms of criminality in our communities. In this context, the Deputy will be aware that a very substantial budget of €1.65 billion has been allocated to the Garda Vote for 2018 and €98.5m has been provided for Garda overtime for 2018, which inter alia supports Garda activity to tackle these types of problems.

The Government is also 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. The Government will continue 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.

Behaviour Warnings (Adult) (I.S)

Region/Division

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Dublin Region

214

327

646

333

479

410

694

587

302

728

35

D.M.R. Eastern

12

17

18

14

20

*

*

*

11

*

*

D.M.R. North Central

37

18

103

115

319

137

226

524

242

701

33

D.M.R. Northern

*

81

40

26

14

*

13

14

*

12

*

D.M.R. South Central

18

64

144

13

*

192

412

19

*

*

*

D.M.R. Southern

46

39

39

11

19

16

*

*

10

*

*

D.M.R. Western

99

108

302

154

103

54

30

21

27

*

*

Eastern Region

20

46

29

35

23

20

19

18

18

50

*

Kildare Div

10

*

10

*

*

*

*

*

*

28

*

Laois/Offaly

*

17

*

10

*

*

*

*

*

*

*

Meath Division

*

12

10

*

*

*

*

*

*

*

*

Westmeath Div

*

*

*

*

*

*

*

*

*

10

*

Wicklow Div

*

12

*

14

16

*

12

*

*

*

*

Northern Region

35

41

62

45

39

41

35

24

26

25

*

Cavan/Monaghan

*

25

48

28

23

26

19

11

13

*

*

Donegal

12

*

*

12

*

*

*

*

*

*

*

Louth Division

12

13

*

*

*

*

*

*

*

*

*

Sligo/Leitrim

*

*

*

*

*

*

*

*

*

10

*

Southern Region

111

64

140

127

104

139

121

105

116

80

46

Cork City

60

13

52

33

30

17

19

31

25

*

*

Cork North

12

*

24

25

*

12

13

*

12

13

*

Cork West

*

15

*

*

10

*

*

*

*

*

*

Kerry

15

*

10

*

*

*

11

12

11

13

*

Limerick

23

23

47

56

46

99

69

51

66

46

41

South Eastern Region

21

46

95

89

56

44

56

16

*

25

*

Kilkenny/Carlow

*

12

24

42

34

30

30

*

*

15

*

Tipperary

15

17

48

17

*

*

*

*

*

*

*

Waterford Division

*

*

*

*

*

*

12

*

*

*

*

Wexford Division

*

15

19

29

11

*

*

*

*

*

*

Western Region

27

46

134

104

79

54

60

52

38

29

*

Clare

*

*

*

*

*

21

19

13

10

*

*

Galway Division

16

34

67

57

54

18

23

20

12

15

*

Mayo

*

*

48

33

18

13

18

*

16

*

*

Roscommon/Longford Division

*

*

11

*

*

*

*

11

*

*

*

National Total

428

570

1,106

733

780

708

985

802

507

937

86

*denotes count was less than ten

Behaviour Warnings (Children)

Region/Division

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

2018

Dublin Region

224

216

330

185

141

94

77

65

32

25

*

D.M.R. Eastern

*

*

16

*

14

13

*

*

*

*

*

D.M.R. North Central

38

14

*

*

*

*

*

*

*

19

*

D.M.R. Northern

25

53

61

18

20

*

11

*

*

*

*

D.M.R. South Central

*

*

*

*

*

23

*

*

*

*

*

D.M.R. Southern

37

83

24

*

11

*

11

10

15

*

*

D.M.R. Western

119

55

224

159

92

47

36

45

13

*

*

Eastern Region

21

25

26

23

*

*

*

*

*

*

*

Kildare Div

10

*

*

*

*

*

*

*

*

*

*

Laois/Offaly

*

*

*

*

*

*

*

*

*

*

*

Meath Division

*

13

*

*

*

*

*

*

*

*

*

Wicklow Div

11

*

17

18

*

*

*

*

*

*

*

Northern Region

46

44

16

11

11

*

*

*

*

*

*

Cavan/Monaghan

*

31

12

10

*

*

*

*

*

*

*

Donegal

*

*

*

*

*

*

*

*

*

*

*

Louth Division

27

12

*

*

*

*

*

*

*

*

*

Sligo/Leitrim

*

*

*

*

*

*

*

*

*

*

*

Southern Region

191

74

152

146

53

82

52

64

87

32

*

Cork City

101

30

36

34

16

10

*

16

21

*

*

Cork North

15

*

17

*

*

*

*

*

*

*

*

Cork West

*

*

*

*

*

*

*

*

*

*

*

Kerry

29

*

*

*

*

*

*

*

*

*

*

Limerick

46

32

90

91

34

68

42

48

65

23

*

South Eastern Region

18

55

24

32

25

12

*

*

13

*

*

Kilkenny/Carlow

*

*

*

11

*

*

*

*

*

*

*

Tipperary

13

16

19

*

*

*

*

*

*

*

*

Waterford Division

*

18

*

*

10

*

*

*

*

*

*

Wexford Division

*

20

*

12

*

*

*

*

*

*

*

Western Region

*

*

*

11

*

24

*

*

*

*

*

Clare

*

*

*

*

*

18

*

*

*

*

*

Galway Division

*

*

*

*

*

*

*

*

*

*

*

Mayo

*

*

*

*

*

*

*

*

*

*

*

Roscommon/Longford Division

*

*

*

*

*

*

*

*

*

*

National Total

505

421

556

408

240

224

148

141

139

71

10

*denotes count was less than ten

Refugee Resettlement Programme

Ceisteanna (72)

Richard Boyd Barrett

Ceist:

72. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if he will reconsider contacting the UNHCR in Turkey on behalf of persons (details supplied) with a view to offering them resettlement here as per the cross-party letter sent to his Department on 17 May 2018. [22639/18]

Amharc ar fhreagra

Freagraí scríofa

As I previously stated in my reply to Deputy Boyd Barrett in Parliamentary Question 52 of 6 February 2018 and in recent correspondence, there are established and successful pathways for resettlement in Ireland. While Ireland participates in a resettlement programme led by the UNHCR, it is the UNHCR which assesses each case and makes a referral to a participating State. The selection of resettlement applicants by Ireland requires a detailed consideration of case files received from UNHCR as well as personal interviews, orientation and security assessments. Ireland has received no such referral in relation to this family from UNHCR and it should be noted that Ireland does not have a resettlement programme in Turkey.

While I appreciate the vulnerability of the family who are the subject of the cross-party Deputies' request, Ireland cannot resettle people in response to one-off requests of this nature as this would potentially disadvantage the refugees who have fulfilled objective criteria to qualify for the refugee programme. Ireland must take care to respect the integrity of the UNHCR decision making process, which is based on objective criteria and standard operating procedures intended to ensure the transparent, consistent and fair treatment of people in need. Ireland must also operate within the parameters of our own resettlement programme which is both demanding and exacting. As I have already said, Ireland does not have a resettlement programme in Turkey. Other countries may have such a programme in place and may be in a position to consider a request from UNHCR favourably.

Direct Provision System

Ceisteanna (73)

Donnchadh Ó Laoghaire

Ceist:

73. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the steps being taken to ensure that residents in direct provision centres are being advised of their right to vote in local elections in 2019; and the way in which contact with candidates will be facilitated in order that residents can engage fully with the democratic process. [22686/18]

Amharc ar fhreagra

Freagraí scríofa

My Department, through the Reception & Integration Agency (RIA), has always facilitated and encouraged the registration of and voting by protection applicants in local elections.

The general policy in relation to local elections has been to allow candidates to drop off election leaflets which could be placed in a common area in the centre where they could be picked up by residents. Candidates can provide, on the leaflets, contact details or times of political meetings in the local community that residents can attend.

Given the particular nature of the accommodation provided in centres, there are a number of factors that would deter unrestricted access by candidates to the private living quarters of residents. These include, the communal nature of the accommodation system and the many practical and logistical difficulties that would arise for centre managers in providing unsupervised access in circumstances where families and children live together.

This general policy ensures that there are no restrictions placed on residents’ voting rights, or on their rights to access whatever information candidates wish to convey to them, or on any rights to meet with candidates in the public areas of centres. It also ensures privacy in the residential units and the on-going protection of children in the centre.

There is an opportunity for the newly established Friends of the Centre group at each centre to provide information to residents on how to register to vote and on the importance of local government within the political structure of the State. The Friends of the Centre groups can also raise awareness in an informal way about the importance of voting.

Gangland Crime

Ceisteanna (74)

Bernard Durkan

Ceist:

74. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which consideration has been given to a serious plan to tackle organised criminal gangs with particular reference to the possibility of proscribing their membership; and if he will make a statement on the matter. [22655/18]

Amharc ar fhreagra

Freagraí scríofa

I can inform the Deputy that An Garda Síochána have made important progress in tackling the insidious threat of organised crime, particularly in Dublin’s North Inner-City. There is ongoing contact between officials from the Department of Justice and Equality and An Garda Síochána to ensure a proactive approach is taken to combatting those who seek to carry out such shocking murders and prevent further loss of life where possible.

The Government, for its part, is committed to providing An Garda Síochána with the necessary resources to tackle this and all forms of criminality in our State .

The House will be aware that Operation Hybrid was established to coordinate the response to violent crime in Dublin and address concerns about community safety, particularly in the North East Inner City (NEIC). This operation benefits from significant support by the Armed Support Unit.

As of 15 April 2018, the robust Garda response to the series of shootings perpetrated by violent criminals in Dublin has resulted in:

- 73 arrests;

- 13 charges in total (of which 10 charges related to murder investigations, 3 charges for related offences);

- 37 firearms seized (in relation to murder offences);

- In the region of 270 searches;

- 16,514 lines of enquiry conducted with more than 57,317 high visibility checkpoints implemented with significant support from Armed Support Units; and

- A significant amount of CCTV footage, mobile phone traffic, and forensic evidence has also been examined.

Indeed, An Garda Síochána have stated that they have prevented in the region of 50 potential gang-related murders as a result of targeted policing operations since the incident at the Regency Hotel in February, 2016. In addition, one person has been convicted in January of this year for a feud-related murder and further criminal prosecutions are ongoing.

Along with vigorously pursuing the investigation of shootings and other violent incidents, Gardaí have had significant successes in targeting the drugs trade, which fuels the activities of organised criminals. In 2018 alone we have witnessed a series of very significant drugs seizures, as well as important seizures of firearms and significant banking information.

We have also seen unprecedented international cooperation between Irish and Spanish authorities, leading to important arrests and seizures, with police officers from both jurisdictions participating in successful joint operations in Ireland and in Spain. In this context I would like to take this opportunity to commend the work of both the Spanish Authorities and An Garda Síochána which recently resulted in a significant seizure of drugs with an estimated value of €3.4 million and the arrest of five individuals, four of whom are Irish citizens. These drugs were intercepted before they had a chance to be transported to Ireland.

Given the fluid nature of such criminal groupings it is extremely difficult to quantify the number of criminal gangs operating at any particular time. Splinter groups and new gangs can form overnight. Organised Crime is constantly evolving and new innovations in crime are continuously emerging.

From time to time the question has arisen of providing for an offence of membership of a criminal gang in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation.

In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have a similar permanency of organisation and structure that might pertain to a typical subversive organisation or other more fixed group. Similarly, relationships in criminal gangs tend to be more fluid with shifting memberships and alliances and a given individual's affiliation with a criminal network might itself be entirely contingent, contextual and ephemeral. As such, I do not believe that legislation along the lines of the Offences Against the State Acts with regard to membership of a proscribed organisation is necessary at this time.

However, Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.

The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.

Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act.

Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.

The Deputy will appreciate that a comprehensive body of legislation exists to provide for the prosecution for offences relating to organised crime. I believe that An Garda Síochána, with the support of the significant additional resources provided to it by this Government, will prevail in facing down the threat of gangland violence in our communities. An Garda Síochána have faced down this type of threat in the past and will do so again.

I can inform the Deputy that in recent years a number of legislative measures have been introduced to tackle gang-related and associated crime. For example, the recent Proceeds of Crime (Amendment) Act 2016 provides additional powers for Gardaí; in particular, powers to allow for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of has been introduced and I am pleased that the provisions of this Act are available to An Garda Síochána today.

I can assure the House that this Government remains entirely committed to ensuring An Garda Síochána continues to have the resources required to tackle this, and all forms of criminality, in our State, and I believe we have strong legislative provisions in place to assist An Garda Síochána in taking down these criminals.

Residency Permits

Ceisteanna (75)

Richard Boyd Barrett

Ceist:

75. Deputy Richard Boyd Barrett asked the Minister for Justice and Equality if a person (details supplied) will be assisted to renew their GNIB card in view of the circumstances. [22653/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person concerned applied for temporary residence in the State based on parentage of an Irish Citizen Child on 23 October 2017. The application was not accepted and returned to the person concerned as a national passport was not provided - this is a mandatory document required to process any application. You will appreciate how important it is to have the true personal details of any person claiming any form of a right of residency in the State.

The person concerned subsequently informed INIS that they were unable to obtain a national passport from their embassy. INIS requested that the person concerned provide documentary evidence from that embassy confirming that they would not issue them a national passport. As it stands, the person concerned has failed to provide INIS with any documentary evidence that their embassy will not issue them with a national passport or that they have attempted to obtain a national passport.

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.

Garda Stations

Ceisteanna (76)

Pat the Cope Gallagher

Ceist:

76. Deputy Pat The Cope Gallagher asked the Minister for Justice and Equality his plans for Donegal town Garda station; the improvement plans for same; the staffing numbers he plans for the station; if he will consider designating Glenties Garda station to its former district status and by extension improving Garda numbers in south-west and west County Donegal; and if he will make a statement on the matter. [22468/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will appreciate that the programme of replacement and refurbishment of Garda accommodation is progressed by the Garda authorities working in close cooperation with the Office of Public Works (OPW), which has the responsibility for the provision and maintenance of Garda accommodation. This includes identifying and progressing any necessary remedial or refurbishment works required at individual stations. As Minister, I have no direct role in these matters.

I can however confirm that the Garda Building and Refurbishment Programme 2016-2021 includes the full upgrade and refurbishment of Donegal town Garda Station. I have been informed by the Garda authorities that the OPW has advised that tender documents are currently being prepared. It is expected that the project will be tendered for in early Q3 2018.

Regarding future personnel levels at the station, it should be noted that the Garda Commissioner is responsible for the distribution of resources, including personnel, among the various Garda Divisions and, as Minister, I have no direct role in the matter. I am informed that Garda management keeps the 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.

In relation to Glenties Garda Station and in particular its former status as District headquarters, it should be noted that such designation or status is a matter for the office of Deputy Commissioner Policing & Security, in conjunction with District and Divisional Officers, having regard to the policing requirements of Glenties and the surrounding communities. As Minister I have no role in the matter.

More generally, the Deputy will also be aware that the Garda Síochána Inspectorate, at the request of the Policing Authority, is carrying out a review of the dispersal and use of resources available to An Garda Síochána in the delivery of policing services to local communities. The Authority has informed the Inspectorate that the review should take account of:

- the changing environments in rural, developing urban and suburban areas;

- the views of local communities;

- the allocation to and deployment of Garda resources at the local policing level, including the use of the Garda Reserve, Garda facilities and Garda equipment; and

- relevant recommendations made in previous Inspectorate reports.

It is expected that the review will be completed within the first half of 2018.

I am informed by the Garda Commissioner that, as of the 30 April 2018, the latest date for which figures are available, the strength of the Donegal Division was 394. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Armed Support Units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau.

I can assure the House that the Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To make this a reality for all, the Government has in place a plan for an overall Garda workforce of 21,000 personnel by 2021, including 15,000 Garda members.

Real, tangible progress has been made towards this goal. Garda numbers, taking account of projected retirements, increased to 13,551 at the end of 2017 - a net increase of over 600 since the end of 2016.

The Deputy will be aware that in 2010 a previous government closed the Garda College and imposed a moratorium - the measures imposed at that time had a negative impact on Garda numbers across all Divisions and the legacy of these decisions continues to have consequences for policing. When it had brought about an early exit from the bailout and stabilized the public finances, in September 2014 the then Government reopened the College and since thenjust under 1,800 recruits have attested as members of An Garda Síochána and are performing mainstream duties nationwide, 32 of whom have been assigned to the Donegal Division.

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. Taking account of projected retirements, reaching a strength of 15,000 by 2021 will require some 1,600 more Garda members to be recruited on a phased basis over the next two years. This is an ambitious programme of accelerated recruitment. To ensure a continuous pipeline of candidates a new recruitment drive was launched by the Commissioner last week with a closing date of 6 June. The competition is being undertaken by the Public Appointment Service on behalf of the Commissioner and applications should be made to www.publicjobs.ie.

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, some 200 of whom attested in March. 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. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí. Undoubtedly, the ongoing recruitment process will support all Garda activities and enhance visibility within our communities and will enable the Commissioner to provide additional resources across every Garda division, including the Donegal Division, as new Garda recruits continue to come on stream.

Internet Safety

Ceisteanna (77)

Eamon Ryan

Ceist:

77. Deputy Eamon Ryan asked the Minister for Justice and Equality the ramifications of setting the digital age of consent at 16 years of age; and if he will make a statement on the matter. [22702/18]

Amharc ar fhreagra

Freagraí scríofa

The position is that Article 8 of the GDPR specifies a ‘digital age of consent’ of 16 years but allows Member States to provide for a lower age, but not below 13 years. It will mean that providers of information society services must make reasonable efforts to obtain the consent of the holder of parental responsibility over the child where such services are offered directly to children below the specified age threshold.

In late 2016, my Department launched a consultation process and invited submissions from interested parties on the digital age of consent to apply in this jurisdiction. The Government Data Forum, which brings together legal and data protection experts, business representatives from SMEs and multinationals, as well as sociologists, psychologists and education specialists, also carried out a consultation process.

A majority of respondents - including the Ombudsman for Children's Office, ISPCC, the Children's Rights Alliance, the Internet Safety Advisory Committee - recommended adoption of a digital age of consent of 13 years. Based on the responses received, including those mentioned, the Government decided that 13 years represented an appropriate balancing of children’s rights, namely a child’s right to participation in the online environment and a child’s right to safety and protection. As the Deputy will be aware, these rights are enshrined in the UN Convention on the Rights of the Child. The Government was also mindful that a digital age of consent of 16 years might prove difficult to enforce, not least because ‘tech-savvy’ 13, 14 and 15 year olds would have more than sufficient knowledge and IT literacy to enable them to circumvent the requirement for parental consent.

The Special Rapporteur on Child Protection, Dr Geoffrey Shannon, also recommended setting the digital age of consent at 13 years during pre-legislative scrutiny of the draft Data Protection Bill, and that recommendation was endorsed by the Joint Committee in their Report on the Bill in November last.

It is therefore disappointing that in the course of Dáil Report Stage discussion on the Data Protection Bill, an opposition amendment to increase the digital age of consent from 13 years to 16 years was carried. Section 31(1) now provides that digital age of consent shall be 16 years. However, subsection(3) of section 31 provides for a review of the age set out in subsection (1) within 3 years of the coming into force of the Bill.

In the case of children below the digital age of consent, Article 8(2) of the GDPR requires providers of information society services to make “reasonable efforts” to verify that consent is given or authorised by the holder of parental responsibility over the child, taking into consideration available technology. The Data Protection Commission will be responsible for the supervision and enforcement of this provision and the Commissioner will give consideration as to how this can be achieved, given the difficulties I have mentioned above.

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