Léim ar aghaidh chuig an bpríomhábhar
Gnáthamharc

Tuesday, 12 Jun 2018

Written Answers Nos. 471-491

Equality Legislation

Ceisteanna (471)

Róisín Shortall

Ceist:

471. Deputy Róisín Shortall asked the Minister for Justice and Equality the penalties applying to the refusal of an establishment to allow entry to a customer or to ask a customer to leave on the basis of a mother breast-feeding; and his plans to update legislation in this regard. [24444/18]

Amharc ar fhreagra

Freagraí scríofa

Ireland has comprehensive and robust equality legislation in place – namely the Employment Equality Acts 1998-2015 and the Equal Status Acts 2000-2015 – which prohibits discrimination on ten specific grounds, including on gender and family status.

As the Deputy will be aware, the legislation is designed to promote equality and prohibit discrimination and victimisation and it also allows for positive measures to ensure equality across the ten grounds. The Equal Status Acts 2000-2015 outlaw discrimination in the provision of goods and services. Equality legislation also provides for remedies for those who have suffered discrimination.

Mothers who wish to breast feed in public are protected from being discriminated or harassed under the equality legislation. Under section 21 of the Equal Status Acts 2000-2015, a person may seek redress for discrimination by referring the case to the Workplace Relations Commission (WRC) or to the Circuit Court. Section 27 of the Equal Status Act sets out the types of redress which the WRC or the Circuit Court may decide – and includes an order for compensation up to the maximum amount that can be ordered by the District Court in civil cases (€15,000).

In addition, the Irish Human Rights and Equality Commission is responsible for reviewing the effectiveness of human rights and equality law. IHREC can advise people and refer perceived cases of discrimination to the WRC for investigation and adjudication.

Domestic Violence Services Funding

Ceisteanna (472)

Bríd Smith

Ceist:

472. Deputy Bríd Smith asked the Minister for Justice and Equality the funding which will be provided in 2018 and 2019 to implement the provisions of the Domestic Violence Act 2018 (details supplied); and if he will make a statement on the matter. [24477/18]

Amharc ar fhreagra

Freagraí scríofa

The Domestic Violence Act 2018 is a landmark piece of legislation which significantly enhances the legal protections available to victims of this appalling form of violence. It is hoped to have this legislation commenced in its entirety by quarter four 2018.

Tusla, the Child and Family Agency, has statutory responsibility for the provision of care and protection to victims of domestic, sexual and gender based violence. Regarding the provision of funding, I am advised by the Minister for Children and Youth Affairs that in 2018, Tusla is allocating €23.8 million in funding for Domestic, Sexual and Gender Based Violence (DSGBV) services. This is an increase of 17% or €3.4 million over the amount allocated in 2015. Tusla are considering any requirements under the Domestic Violence Act 2018 in commissioning of services into the future.

The Courts Service and An Garda Síochána advise that preparatory work is underway to ensure that applicable provisions are implemented and the resource implications are being assessed for 2018.

The funding requirements for the Courts Service, An Garda Síochána and Tusla for 2019 will be considered as part of the annual Estimates process.

Garda Oversight

Ceisteanna (473)

John McGuinness

Ceist:

473. Deputy John McGuinness asked the Minister for Justice and Equality the cost of funding the Garda Complaints Board in the past five years to date; the number of personnel involved; the cost to date of the Garda Ombudsman Commission; the number of personnel involved; and if he will make a statement on the matter. [24513/18]

Amharc ar fhreagra

Freagraí scríofa

The Garda Síochána Complaints Board and the related Garda Síochána Complaints Appeal Board were established under the Garda Síochána (Complaints) Act 1986 to investigate complaints concerning the conduct of members of the Garda Síochána. It retained full responsibility for this function until Part 3 of the Garda Síochána Act 2005 was enacted and the Garda Síochána Ombudsman Commission (GSOC) was established in December 2005. It was not until GSOC became fully operational in 2007 that the responsibility for receiving complaints transferred in its entirety to the Commission.

Therefore, it was necessary to maintain the existence of Garda Síochána Complaints Board and the related Appeal Board to enable these bodies to conclude cases which they were already investigating. Complaints which the Board had received but not commenced investigating were transferred to GSOC in accordance with transitional provisions of the Garda Síochána Act 2005.

In May 2012 the Government re-appointed the members of the Garda Síochána Complaints Board as, at that time, there were still three remaining cases to be finalised. The last case was struck out in December 2013.

The term of office of the members serving on the Garda Síochána Complaints Appeal Board expired on 16 December 2013 and from that date the Complaints Board operated with two staff. The two serving members of the Board were later assigned to GSOC.

Statutory Instrument No. 271 of 2015 provided for the repeal of the Garda Síochána (Complaints) Act 1986 (as amended) with effect from 30 June 2015; this resulted in the dissolution of the Garda Complaints Board and the Garda Síochána Appeal Board.

Expenditure for the Complaints Board amounted to €179,563 in 2013. In 2014 it was €175,740. There was no expenditure in 2015. In 2016 there was a payment of €195.40, which related to the Statutory Instrument No. 271 of 2015. No expenditure has arisen since 2016.

GSOC is funded by a grant provided annually to the Commission through the Vote of the Department of Justice and Equality. The following table illustrates the total cost of GSOC from 2006 up to 2017 and for the current year up to 31 May 2018. The table also illustrates the number of staff employed by the Commission at the end of each year since its establishment. Two points of note are that the stated cost is the yearly spend as per GSOC’s published Annual Reports, and the staffing totals do not include the three Commissioners.

Year

Cost

Staff Headcount

Staff FTE

2006

€1,076,905.18

5

5

2007

€14,099,909.19

75

75

2008

€9,940,012.31

92

92

2009

€9,420,100.00

88

88

2010

€9,233,863.45

88

88

2011

€8,509,040.81

84

83

2012

€8,302,853.51

79

79

2013

€7,970,675.00

78

77.6

2014

€8,306,692.74

75

74.6

2015

€8,648,151.57

77

76.8

2016

€8,386,329.00

81

80.4

2017

€8,768,491.38

84

83.53

31/05/2018

€3,602,758.20

85

84.53

Garda Data

Ceisteanna (474)

Jim O'Callaghan

Ceist:

474. Deputy Jim O'Callaghan asked the Minister for Justice and Equality further to Parliamentary Question No. 71 of 23 May 2018, the approximate number of anti-social behaviour orders issued by An Garda Síochána in each region; and if he will make a statement on the matter. [24539/18]

Amharc ar fhreagra

Freagraí scríofa

The following table provides a breakdown of the number of behaviour warnings, by year and by region, for the period requested.

It is, however, worth noting that any counts which were less than ten are displayed as an asterisk (*) in the tables. This is due to data protection around provision of low count data. Incident counts for Behaviour Orders (Children), Civil Orders (Adult)(LS) and Good Behaviour Contract (LS) are not shown as each incident type has a national count of less than ten per year in the period examined.

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

Garda Data

Ceisteanna (475)

Anne Rabbitte

Ceist:

475. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of reports of section 12 of the Children's Act recorded on the PULSE system in 2016 and 2017, by each district in tabular form. [24556/18]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.

Garda Data

Ceisteanna (476)

Anne Rabbitte

Ceist:

476. Deputy Anne Rabbitte asked the Minister for Justice and Equality the number of reports of section 13 of the Mental Health Act recorded on the PULSE system in 2016 and 2017, by each district in tabular form. [24557/18]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Garda authorities in relation to this matter and I will contact the Deputy directly when the report is to hand.

Programme for Government Implementation

Ceisteanna (477)

Micheál Martin

Ceist:

477. Deputy Micheál Martin asked the Minister for Justice and Equality the status of the implementation of the Programme for Partnership Government as it applies to his Department; and if he will make a statement on the matter. [24579/18]

Amharc ar fhreagra

Freagraí scríofa

The Government recently approved its second progress report on the implementation of the Programme for Government. This report highlights the progress made over the past year in delivering commitments under the Programme for Partnership Government plan. The Annual Report will be laid before the Houses of the Oireachtas shortly and published thereafter.

Some of the key commitments progressed by my Department to date include:

- €55 million in funding allocated to the Gardaí to tackle gangland crime with measures introduced including the establishment of the Special Crime Task Force to enhance the response to organised crime, and the establishment of a dedicated Garda Armed Support Unit, operating on a 24/7 basis;

- 900 new Gardaí deployed in 2017 bringing the total to over 13,500;

- €100 million funding to complete new Garda HQs at Kevin Street, Galway and Wexford;

- A new Garda Business Watch scheme was established in 2017;

- Signing into law of the Criminal Justice Act 2017, which provides for more stringent bail conditions;

- Enactment of the Criminal Law (Sexual Offences) Act 2017 to enhance and update laws to combat the sexual exploitation and sexual abuse of children;

- New legislation enacted strengthening rights and supports for Victims of Crime and to provide better protection for victims of domestic violence;

- A national awareness raising campaign, "What would you do?" was launched to increase the awareness of domestic and sexual violence, and to activate bystanders with the aim of decreasing and preventing this violence;

- New gender equality measures under way under National Strategy for Women and Girls;

- A new National Traveller and Roma Inclusion Strategy 2017 – 2021 launched;

- A Migrant Integration Strategy 2017 - 2020 launched to provide a framework for Government action;

- €2 million for 15 projects under a national scheme to promote integration of migrants;

- A Single Application Procedure for International Protection applicants implemented to streamline the application process and reducing the time spent in State provided accommodation;

- Over 1,000 refugees accepted by Ireland under the EU Relocation Programme and 41 unaccompanied minors previously resident in a migrant camp relocated to Ireland;

- New Family Reunification Humanitarian Admission program to relocate 530 families here.

Garda Data

Ceisteanna (478, 479, 480)

Noel Rock

Ceist:

478. Deputy Noel Rock asked the Minister for Justice and Equality the number of juvenile good behaviour contracts issued in each of the years 2007 to 2017 and to date in 2018; and if he will make a statement on the matter. [24592/18]

Amharc ar fhreagra

Noel Rock

Ceist:

479. Deputy Noel Rock asked the Minister for Justice and Equality the number of juvenile antisocial behaviour orders issued in each of the years 2007 to 2017 and to date in 2018, under Part 13 of the Criminal Justice Act 2006; and if he will make a statement on the matter. [24593/18]

Amharc ar fhreagra

Noel Rock

Ceist:

480. Deputy Noel Rock asked the Minister for Justice and Equality the number of anti-social behaviour orders issued in each of the years 2007 to 2017 and to date in 2018, under Part 11 of the Criminal Justice Act 2006; and if he will make a statement on the matter. [24594/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 478 to 480, inclusive, together.

As the Deputy will appreciate, the information sought is a matter for the Garda authorities in the first instance. However, I am informed by the Garda authorities that the following table provides a breakdown of the number of behaviour warnings, by year and by region, for the period requested. For completeness, the table shows the figures for both children and adults, although they are listed separately.

It is, however, worth noting that any counts which were less than ten are displayed as an asterisk (*) in the tables. This is due to data protection around provision of low count data. Incident counts for Behaviour Orders (Children), Civil Orders (Adult)(LS) and Good Behaviour Contract (LS) are not shown as each incident type has a national count of less than ten per year in the period examined.

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.

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 €98.5 million 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

Departmental Reports

Ceisteanna (481)

Catherine Connolly

Ceist:

481. Deputy Catherine Connolly asked the Minister for Justice and Equality further to Parliamentary Question No. 601 of 17 April 2018, if the nature and extent of sexual violence against those in State care will be included in the scope of the review; and if he will make a statement on the matter. [24647/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the Cabinet Committee on Social Policy and Public Service Reform agreed to establish a scoping group to consider the availability of data and make recommendations on a study to identify the prevalence of sexual abuse and violence in Ireland today and emerging trends. The terms of reference for the group are published on my Department's website. The group met for the final time on 9 April and have completed their report and submitted it to my Department for consideration. A number of technical issues are being considered by my Department prior to the report being considered by Government. Once the report has been examined and subsequently considered by Government it will be possible to be more specific about its recommendations. Significant progress has been made and I expect to bring proposals to Government in relation to this matter shortly.

Rural Crime

Ceisteanna (482)

Eamon Scanlon

Ceist:

482. Deputy Eamon Scanlon asked the Minister for Justice and Equality the efforts being made to tackle rural crime in the north west; if his attention has been drawn to the fact that the number of burglaries in counties Sligo and Leitrim area is up 30% while nationally the number of burglaries is up 3.6%; and if he will make a statement on the matter. [24661/18]

Amharc ar fhreagra

Freagraí scríofa

I want to assure the Deputy that I am very much aware of the impact of crime on rural communities, including the serious damage done by organised gangs who target rural areas to engage in burglary and other property-related crime. Such incidents cannot be tolerated in our society and this Government will continue to support An Garda Síochána in tackling the gangs, including mobile criminal gangs, who target rural areas, including counties Sligo and Leitrim.

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 Districts and I, as Minister, have no direct role in the matter. I can assure the Deputy that Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that optimum use is made of these resources.

I am informed by the Commissioner that the strength of the Sligo/Leitrim Division on 30 April 2018, the latest date for which information is readily available was 302. There are also 17 Garda Reserves and 31 Garda civilian staff attached to the Sligo/Leitrim 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.

As the Deputy will be aware, very significant resources have been provided to An Garda Síochána, including an overtime allocation of almost €100 million announced in Budget 2018, to support large-scale policing operations including Operation Thor.

The scale of Garda activity against burglary and property-related crime under Operation Thor has led to concentrated Garda activity. As of 17 May 2018, 130,702 targeted checkpoints and 151,819 crime prevention patrols have been conducted nationwide. To give you an idea of the impact of the operation, I can inform you that this concentrated policing activity has produced in the region of 7,569 arrests and 8,613 charges covering a range of offences which, in addition to burglary, include handling stolen property, possession of firearms and drugs offences.

For its part, the Government remains totally committed to ensuring An Garda Síochána have all the necessary resources to tackle all forms of criminality in our society, which includes actions taken under Operation Thor. Indeed, some €1.65 billion has been allocated to the Garda Vote for 2018. This is an increase of approximately 2% over the allocation for 2017. €98.5 million has been provided for Garda overtime for 2018 which represents an increase of €10 million over the initial allocation for 2017 (which amounted to €88.5 million). In November 2017, the Minister for Justice and Equality secured a supplementary estimate of some €42 million for Garda overtime, bringing the spend for 2017 to over €130 million. This compares to a spend in previous years of €91 million in 2016, €56 million in 2015 and some €37.7 million in 2014.

The Programme for Government underlines the need for close engagement between An Garda Síochána and local communities. This is an essential feature of the strong community policing ethos which has long been central to policing in this jurisdiction. The Deputy will be aware that, as part of the overall strategy to oppose criminality, the Garda authorities pursue a range of partnerships with community stakeholders, including the farming organisations. These include the well established Community Alert Programme, which receives annual funding from my Department, as well as the work of the Metal Theft Forum, the Crimestoppers campaign highlighting the Theft of Livestock, the Theftstop initiative in relation to farm equipment, and the highly successful Garda Text Alert Scheme.

On 2 January 2018 I was pleased to announce that my Department will be providing an additional €50,000 in financial support to Community Text Alert Groups as a further measure in this Government's support to crime prevention. This is in addition to the €100,000 which I announced at the National Ploughing Championships in September 2017. The Rebate Scheme, which also ran in 2016, will allow Text Alert Groups registered with An Garda Síochána to apply for funding to contribute towards their yearly running costs. The Text Alert Rebate Scheme will be administered by Muintir na Tíre and I would like to urge groups wishing to participate in the Scheme to contact Muintir na Tíre for more information. The website is www.muintir.ie.

Other policing initiatives include Theft Stop which was launched by the Gardaí and the Irish Farmers Association. Theft Stop is designed to deter criminals from taking and selling farm equipment by ensuring it is clearly marked with a unique ID (such as an EirCode) and then registered on a nationwide database.

An Garda Síochána's Modernisation and Renewal Programme 2016-2021 places a strong emphasis on developing and supporting the community policing ethos of the organisation and enhancing the current delivery model so that Gardaí spend more time in the community, gaining public confidence and trust and providing a greater sense of security. It will result in the introduction of multi-skilled Community Policing Teams in every District. Community Policing Teams will be made-up of Gardaí from a number of different units who will work with the local community to prevent and detect crime. Undoubtedly, the ongoing recruitment process will support all Garda activities and will enhance the provision of effective Community Policing throughout the country.

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. Budget 2018 will support the continuation of this high level of investment in the Garda workforce and ensure that the vision of an overall workforce of 21,000 by 2021 remains on track.

Garda Síochána Ombudsman Commission Investigations

Ceisteanna (483, 487, 488, 543)

Micheál Martin

Ceist:

483. Deputy Micheál Martin asked the Minister for Justice and Equality if he has examined the GSOC inquiry report on the death of a person (details supplied); the actions he is taking to address the issues raised; and if he will make a statement on the matter. [24668/18]

Amharc ar fhreagra

Micheál Martin

Ceist:

487. Deputy Micheál Martin asked the Minister for Justice and Equality the actions being taken to address the comments made by GSOC in the report it concluded on 29 March 2017 on the complaints made by a person (details supplied) and in particular the reference to improved access to information for victims and their families; the actions taken to address this comment; and if he will make a statement on the matter. [24730/18]

Amharc ar fhreagra

Micheál Martin

Ceist:

488. Deputy Micheál Martin asked the Minister for Justice and Equality the improvements that have been made or actions that have been taken to address the comments regarding a joined up system for An Garda Síochána, courts and prison services to talk to each other in view of the comments on a GSOC report in relation to the death of a person (details supplied); and if he will make a statement on the matter. [24731/18]

Amharc ar fhreagra

Declan Breathnach

Ceist:

543. Deputy Declan Breathnach asked the Minister for Justice and Equality his plans to improve the sharing of information between court districts and the PSNI and An Garda Síochána in order that it would be clear that a defendant has revoked the provisions of bail of a previous court hearing and therefore should not be allowed further leniency as in the case of a person (details supplied); and if he will make a statement on the matter. [25593/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 483, 487, 488 and 543 together.

As the Deputies are aware, the GSOC report into complaints surrounding this tragedy was recently furnished to me. A copy was also provided to the family of the young man who died in the road traffic incident and subsequently published by GSOC.

It is important that I remind the Deputies that there is still an on-going GSOC investigation and I do not want to say anything that might be considered to prejudice or interfere with that investigation.

The observations that have been provided in the report into improvements that could be made are currently being considered by my officials. However, I can inform the Deputies that there have been developments already undertaken which should begin to address deficiencies identified in the report. In relation to all Gardaí being aware of the information which is available to victims, this has been clarified in the Criminal Justice (Victims of Crime) Act 2017. It specifies the list of information which all victims must be given by members of An Garda Síochána when they first come in contact with a victim. The Act also specifies a long list of information which a victim may opt to receive during the progress of a case.

There is also an onus on the DPP to provide information where it is requested by a victim of crime, a family member of a victim in a fatal case, or a solicitor acting on behalf of either of the aforementioned. In relation to requesting information from the DPP in respect of a decision not to prosecute, since late 2015 a person can ask the DPP for a summary of reasons for a decision not to prosecute through the Victim Liaison Unit.

If that person is not satisfied with the reasons offered, they can ask the DPP to review the decision. Such requests are limited to requesting information concerning decisions not to prosecute made on or after 16 November 2015 and in fatal cases, where the death occurred on or after 22 October 2008.

On a general note, the Deputies should be aware that it is the role of the prosecuting authority to bring to the attention of the court any convictions, bail or court orders of which the court needs to be aware prior to reaching a decision on the case before the court.

There is in place an information sharing platform between An Garda Síochána and the Courts Service which transmits electronically the outcomes of District Court cases from the Courts Service Criminal Case Tracking system (CCTS) to the Garda Síochána Pulse system. There are plans in place to extend this exchange to other courts in due course.

As regards cross-border information sharing, the Deputies will be aware of the close relationship between An Garda Síochána and the PSNI and the importance that is attached to cooperation and information-sharing, be it on a police-to-police basis or through other formal mechanisms. Clearly that principle of the importance of information-sharing should apply to all situations where it is appropriate and practicable to do so.

As the Deputies will appreciate, the comments made by GSOC encompass a number of matters across many agencies. These matters are being reviewed by officials from my Department and it is my hope that any deficiencies identified by the report will be addressed without delay.

Garda Strength

Ceisteanna (484)

Jim O'Callaghan

Ceist:

484. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of personnel in Roscrea Garda station to date; the number of personnel that were stationed there five and ten years ago, respectively; if his attention has been drawn to the downgrading of the facility; and if he will make a statement on the matter. [24695/18]

Amharc ar fhreagra

Freagraí scríofa

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

In relation to Roscrea Garda Station it should be noted that station designations or status is a matter for the office of Deputy Commissioner Policing and Security, in conjunction with District and Divisional Officers, having regard to the policing requirements of the area and the surrounding communities. As Minister I have no role in the matter.

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 Tipperary Division was 398 of whom 20 are assigned to Roscrea Garda Station. The strength of Roscrea Garda Station in 2008 and in 2013 was 20 and 19 resprectively. There are also 16 Garda Reserves and 41 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 of whom 44 members have been assigned to the Tipperary 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, some 200 of whom attested in March, with a further 200 attesting this Friday. 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 the Public Appointment Service on behalf of the Commissioner recently launched a new recruitment drive with a closing date of 7 June. Successful candidates from this new competition are expected to enter the Garda College in Q2 2019.

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.

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 Tipperary Division as new Garda recruits continue to come on stream.

Immigration Status

Ceisteanna (485)

Bernard Durkan

Ceist:

485. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in the determination of an application under section 3(6) of the Immigration Act 1999 in the case of a person (details supplied); and if he will make a statement on the matter. [24716/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that, in response to a notification pursuant to the provisions of Section 3 of the Immigration Act 1999 (as amended), written representations have been submitted on behalf of the person concerned.

These representations, together with all other information and documentation on file, will be fully considered, under Section 3 (6) of the Immigration Act 1999 (as amended) and all other applicable legislation, in advance of a final decision being made.

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.

Refugee Data

Ceisteanna (486)

Bernard Durkan

Ceist:

486. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of cases referred to the International Protection Office that have been granted residency or have had their cases overturned from previous decisions; the number of cases upheld on appeal; and if he will make a statement on the matter. [24721/18]

Amharc ar fhreagra

Freagraí scríofa

On 31 December 2016, the International Protection Act 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.

With the commencement of the International Protection Act, the International Protection Office (IPO) and the International Protection Appeals Tribunal (IPAT) were established for the processing of applications for international protection at first instance and for adjudicating appeals.

From the establishment of the IPO on 31 December 2016 until 31 May 2018, 1,313 applicants were granted protection status by the IPO. During that same period, some 156 grants were also made in respect of permission to remain by the IPO.

During the same period, the IPAT has issued 941 decisions. Of these 941 decisions, 699 relate to International Protection decisions including decisions issued under the various transition arrangements of the International Protection Act 2015. Of these 699 decisions, 539 were Refused/Affirmed and 160 were granted/set aside.

Questions Nos. 487 and 488 answered with Question No. 483.

Assisted Decision Making

Ceisteanna (489)

Jim O'Callaghan

Ceist:

489. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the status of the Assisted Decision Making (Capacity) Act 2015; and if he will make a statement on the matter. [24762/18]

Amharc ar fhreagra

Freagraí scríofa

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

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

The Assisted Decision-Making (Capacity) Act 2015 (Commencement of Certain Provisions) Order 2016 (SI No. 515 of 2016), brought some provisions of Part 1 (Preliminary and General) and Part 9 (Director of the Decision Support Service) of the Act into operation on 17 October 2016. These provisions were brought into operation in order to progress the setting up of the DSS and to enable the process of recruitment of the Director of the DSS to begin. Ms Áine Flynn was appointed Director of the Decision Support Service on 2 October 2017.

The key preparations are being put in place under the oversight of the Steering Group to allow for further commencement orders for the provisions of the 2015 Act to be made when the DSS is ready to roll out the new decision-making support options. The Director is also working in a very determined way to get the necessary staff resources, processes, IT system, expert panels, codes of practice and regulations in place in order that the Decision Support Service can be up and running as quickly as possible. There are many complex strands to this work, including involvement of multiple organisations.

Every effort is underway to ensure that the Decision Support Service has all necessary capacity to open for business as soon as possible. My Department has received an outline implementation plan from the Director which contains monthly milestones for realisation of the objective of an active DSS. As time goes on, every effort will be made by all sides to achieve tightening of the timeframes where possible and the situation will continue to be monitored closely by the Steering Group.

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

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

Garda Resources

Ceisteanna (490)

Niall Collins

Ceist:

490. Deputy Niall Collins asked the Minister for Justice and Equality if he will discuss with senior Garda management the urgent need for sufficient Garda resources to be allocated to an area (details supplied); his views on the concern of the local community in respect of the matter; and if he will make a statement on the matter. [24790/18]

Amharc ar fhreagra

Freagraí scríofa

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

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 Dublin Metropolitan Region (DMR) South Division was 533 of whom 184 are assigned to Tallaght Garda Station. There are also 17 Garda Reserves and 36 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.

It is important to appreciate that the increased specialisation in An Garda Síochána means the number of Gardaí assigned to various divisions does not include those assigned to various special bureaus or units and, of course, those Gardaí who are also undertaking critical policing work such as the Garda National Bureau of Criminal Investigation, the armed support units, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau. More than 120 extra Gardaí were assigned to the specialist units within special crime operations since 2017 alone.

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, 136 of whom have been assigned to the DMR South Division with 51 of these assigned to Tallaght Garda Station. 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, with a further 200 attesting this Friday. 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 the Public Appointment Service on behalf of the Commissioner recently launched a new recruitment drive with a closing date of 7 June. Successful candidates from this new competition are expected to enter the Garda College in the second quarter of 2019.

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.

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 DMR South Division as new Garda recruits continue to come on stream.

Guardian Status

Ceisteanna (491, 547)

Jim O'Callaghan

Ceist:

491. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if the position of a central registrar to maintain a record of statutory declarations of guardianship in Ireland can be created; and if he will make a statement on the matter. [24795/18]

Amharc ar fhreagra

Jim O'Callaghan

Ceist:

547. Deputy Jim O'Callaghan asked the Minister for Justice and Equality if consideration has been given to the establishment of a central register here to maintain a record of statutory declarations of guardianships; and if he will make a statement on the matter. [25615/18]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 491 and 547 together.

There are provisions in place to facilitate non-marital fathers who have an ongoing relationship with their children to become guardians of their children. Section 2(4A) of the Guardianship of Infants Act 1964 (as inserted by section 43(c) of the Children and Family Relationships Act 2015) provides for joint guardianship for a father who is not married to the mother of the child and has cohabited with the mother for not less than 12 consecutive months. This 12 month period must include a period, occurring at any time after the birth of the child, of not less than three months during which both the mother and father have lived with the child. This provision came into operation on 18 January 2016.

In addition, a father who is not married to the child's mother and does not satisfy the cohabitation requirements may become a guardian if the parents jointly make a statutory declaration appointing him as a guardian. It is also open to the father at any stage to make an application to court for guardianship of the child under section 6A of the Guardianship of Infants Act 1964.

During the passage of the Children and Family Relationships Bill through the Oireachtas, my predecessor gave consideration to the establishment of a Central Register for Statutory Declarations of guardianship. While considering that such a centralised repository may have some value, she was concerned that it should not become or be perceived as a necessary step in the acquisition of guardianship. She considered that the existing statutory declaration mechanism to make certain parents guardians was readily accessible, cheap and straightforward, and the introduction of guardianship for fathers who satisfy the cohabitation requirement would widen the cohort of fathers who would have joint guardianship.

The Deputy will appreciate that there are issues concerning security, data protection, data management and the financial implications of creating a new registration system which would need to be addressed before such a centralised register could be established.

Another issue that would require careful consideration is that if a system is created whereby failure to register a statutory declaration could mean that a person would not be a guardian, this could have the entirely unintended consequence of making guardianship more difficult to obtain than it is at present.

The Minister for Employment Affairs and Social Protection has responsibility for the Civil Registration Acts. The Deputy may be aware that section 17 of the Civil Registration Act 2004 provides for the appointment of registrars in each registration area to carry out functions under that Act such as the registration of births and deaths. The creation of a new post of a Central Registrar to maintain a record of statutory declarations of guardianship would require specific provision in primary legislation. The creation of such a post would seem unnecessary in view of Part 9 of the Children and Family Relationships Act 2015, which provides for a number of amendments to the Civil Registration Act 2004, including providing for the taking and receiving of statutory declarations in relation to guardianship. Section 27A of the Civil Registration Act 2004 (as inserted by section 97 of the Children and Family Relationships Act 2015) provides that a registrar may, during the period of 14 days immediately following the date on which the birth of a child is registered or re-registered, take and receive a statutory declaration of guardianship made under section 2(4)(e) or 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of a child.

No provision of Part 9 of the Children and Family Relationships Act 2015 has yet been commenced. Some sections cannot be commenced until Parts 2 and 3 relating to donor assisted human reproduction (DAHR) are brought into operation by the Minister for Health. For example, statutory declarations cannot be made under section 6B(4)(c) of the Guardianship of Infants Act 1964 in respect of children born as a result of DAHR until the provisions of the 2015 Act relating to DAHR have been commenced by the Minister for Health. The commencement of other sections of Part 9 is dependent on provisions of the Civil Registration (Amendment) Act 2014 being commenced. My Department is liaising with the Department of Employment Affairs and Social Protection in relation to scheduling the commencement of these sections.

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