Written Answers Nos. 266-281
266. Deputy Joan Burton asked the Minister for Justice and Equality the number of transfers into the Kildare Garda division by rank from 1 January 2018 to 30 June 2018; and if he will make a statement on the matter. [31260/18]
Amharc ar fhreagra267. Deputy Joan Burton asked the Minister for Justice and Equality the number of transfers out of the Kildare division of gardaí by rank from 1 January 2018 to 30 June 2018; and if he will make a statement on the matter. [31261/18]
Amharc ar fhreagraI propose to take Questions Nos. 266 and 267 together.
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 have requested the information sought from the Garda Commissioner and I will write to the Deputy on receipt of same.
The deferred reply under Standing Order 42A was forwarded to the Deputy.
268. Deputy Barry Cowen asked the Minister for Justice and Equality the specific projects which will receive the €96 million in extra capital expenditure in 2019 as outlined in Annex 1 of the National Development Plan 2018-2027; the amount each project will receive of this €96 million in tabular form; and if he will make a statement on the matter. [31278/18]
Amharc ar fhreagraI wish to refer the Deputy to my response to Question No. 269 of today's date in this matter.
As set out in that response, a number of the projects earmarked for additional expenditure in 2019 are currently at design / procurement stage of the project life cycle. The precise breakdown of the budget across various projects or programmes will be dependent on final design and the outcome of associated procurement competitions. It is therefore not possible at this stage to identify specific amounts that each of the projects will receive from this additional €96 million allocation.
269. Deputy Barry Cowen asked the Minister for Justice and Equality the specific projects which will receive the €241 million in capital funding allocated in 2019; the amount each project will receive of the €241 million in tabular form; and if he will make a statement on the matter. [31295/18]
Amharc ar fhreagraI wish to inform the Deputy that a precise breakdown of the €241 million allocation is not yet complete.
A number of the projects earmarked for expenditure in 2019 are currently at design / procurement stage of the project life cycle. The precise breakdown of the budget across various projects or programmes will be dependent on final design and the outcome of associated procurement competitions.
Pending final design and procurement the following major areas are earmarked for funding:
- Construction of the new Forensic Science Laboratory;
- Garda Síochána Building and Refurbishment Programme including replacement of the Harcourt Street Complex;
- Garda ICT Programme including completion of the implementation of Schengen Information system;
- Continuing Investment in the Garda Fleet;
- Prisons, Courts and Irish Naturalisation and Immigration Service ICT investment;
- Prison Building Programme including the redevelopment of Limerick Prison;
- New or refurbished courthouses in a number of regional cities and county towns.
270. Deputy Barry Cowen asked the Minister for Justice and Equality the specific reason for the underspend in gross voted expenditure of €11 million as outlined in Appendix V of the June 2018 fiscal monitor; the specific projects that have an underspend; the value of the underspend on each project; and if he will make a statement on the matter. [31310/18]
Amharc ar fhreagraI wish to inform the Deputy that the €11m underspend on Capital expenditure against profile to the end of June 2018 is comprised of a mixture of overspends and savings across the four votes, Justice, Garda, Prisons and Courts, covered by the Justice Capital envelope. The main areas / projects where expenditure at mid year is below profile include:
|
Forensic Science Laboratory |
(€2.0m) |
|
Garda Transport |
(€1.5m) |
|
Garda ICT |
(€3.9m) |
|
Garda Station Refurbishment |
(€3.0m) |
|
Courthouse Capital |
(€1.0m) |
|
Courthouse PPP costs |
(€1.6m) |
These underspends are partially offset by areas where expenditure is ahead of profile at mid year. It is expected that much of this saving is due to timing issues and will reverse before year end, or will be reprofiled within the context of the overall capital programme for the Justice and Equality sector.
271. Deputy Catherine Murphy asked the Minister for Justice and Equality if he has received interim reports on the future of policing committee that was set up in May 2017 to develop a blueprint for policing into the future here; if he or his officials have drafted reports on the way in which a transfer system for police officers from outside the State can transfer laterally or on a rank for rank basis to An Garda Síochána; and if he will make a statement on the matter. [31373/18]
Amharc ar fhreagraAs the Deputy will be aware, the Commission on the Future of Policing in Ireland, which began its work in May 2017, is undertaking a comprehensive examination of all aspects of policing including all functions currently carried out by An Garda Síochána. It is also examining the full range of bodies that have a role in providing oversight and accountability for their activities.
The Commission is due to report in September. I understand from my discussions with the Chairperson, Kathleen O'Toole, that the Commission expects to publish its report in accordance with that timeline. The members of the Commission come from diverse backgrounds and have impressive track records in their respective fields. The Chairperson was, of course, a member of the Patten Commission which developed the blueprint for the successful transformation of the PSNI following the Good Friday Agreement. I am confident that the Commission’s report will similarly chart a new course for policing in Ireland in the decades ahead and I look forward to receiving it. The Commission is, of course, an independent body and it is important that it is free to carry out its work in whatever manner it sees fit. It has not submitted an interim report. The Commission has published two updates on its activities which may be of interest to the Deputy. They are available on the Commission's website at www.policereform.ie.
In relation to possible routes for members of other police services into An Garda Síochána I would draw the Deputy's attention to the Garda Inspectorate “Review of Entry Routes into An Garda Síochána” which I published on 28 June last. That review, which was undertaken at the request of my predecessor as part of the Government's commitment to reform and modernisation of An Garda Síochána, proposes tailored approaches to the creation of new entry routes into the organisation at all ranks up to and including Assistant Commissioner rank. It is, of course already the case that appointments to the ranks of Superintendent, Chief Superintendent and Assistant Commissioner are open to eligible officers in the Police Service of Northern Ireland. The review is a valuable resource for policy development to support An Garda Síochána to attract the best possible candidates and to broaden and diversify the Garda workforce so that it reflects the composition of the communities it serves. I have sent a copy of the review to the Commission to consider having regard to its terms of reference which appropriate composition and recruitment methods and routes into the Garda Síochána.
272. Deputy Joan Collins asked the Minister for Justice and Equality if the case of a person (details supplied) is closed; if it is being treated as a historical missing person case; and if the complete file on the investigation by An Garda Síochána will be sent to the person's sibling. [31406/18]
Amharc ar fhreagraI wish to acknowledge the suffering that has been endured by the relatives of the missing person referred to by the Deputy, and indeed by the loved ones of all missing persons.
I understand that the brother of the missing person referred to by name in the 'Details Supplied' accompanying this parliamentary question spoke at Ireland's annual national Missing Persons Day ceremony in 2015.
The Deputy may be aware that a facility to collect DNA samples has been in place at the annual, commemorative ceremony for the past two years, operated by An Garda Síochána and Forensic Science Ireland. It is intended to provide a DNA sample collection facility again at this year's ceremony, which will take place on 5 December 2018.
All samples collected on national Missing Persons Day are uploaded to the DNA Database, which acts as a repository of DNA profiles from unidentified remains, missing persons (DNA from clothing or personal belonging) and relatives of missing persons. As profiles are generated from unidentified remains they are routinely checked against these family samples in the hope of finding a match and establishing an identification.
I have requested a report from An Garda Síochána in relation to the missing person referred to by the Deputy and I will be in contact with the Deputy directly on receipt of this report.
273. Deputy Seán Haughey asked the Minister for Justice and Equality if he will review the Garda districts in the northern division of the Dublin metropolitan region (details supplied); if opening up new Garda stations in this area has been considered; if he will increase the number of Garda personnel serving these districts in view of the volume of complaints regarding crime and anti-social behaviour in these estates; and if he will make a statement on the matter. [31412/18]
Amharc ar fhreagraThe Deputy will appreciate that it is the Garda Commissioner who is primarily responsible for managing and controlling generally the administration and business of An Garda Síochána including the effective and efficient use of the resources available to An Garda Síochána. As Minister, I have no direct role in the matter.
I have asked the Garda Commissioner for the specific information requested and when it is to hand I will inform the Deputy accordingly.
276. Deputy Catherine Murphy asked the Minister for Justice and Equality the changes he has made to allow access by persons to their own data held by his Department and bodies under its aegis following the introduction of GDPR; and if he will make a statement on the matter. [31475/18]
Amharc ar fhreagra278. Deputy Catherine Murphy asked the Minister for Justice and Equality the staffing complement and resources of his Department's data protection officer; and if he will make a statement on the matter. [31499/18]
Amharc ar fhreagra279. Deputy Catherine Murphy asked the Minister for Justice and Equality the data protection impact assessments his Department has commenced since 15 May 2018; and if he will make a statement on the matter. [31516/18]
Amharc ar fhreagraI propose to take Questions Nos. 276, 278 and 279 together.
As the Deputy will be aware, access by persons to their own data held by the Department of Justice and Equality and bodies under its aegis was previously provided for under the Data Protection Acts 1988 and 2003. In preparation for GDPR my Department reviewed and revised the existing Data Protection Policy and data subject access process to ensure alignment with the enhanced rights of the data subject provided for by GDPR. In order to ensure greater transparency and accessibility for data subjects, the revised Policy, as well as specific guidance on making a Subject Access Request is posted on the DJE website. I have asked agencies under my Department's aegis who operate their own data protection policy and subject access arrangements to reply directly to the Deputy on this matter.
A Data Protection Officer (at Principal Officer level) heads up the Department's Data Protection Support and Compliance Office (DPSCO), along with 6 additional staff members (1 Assistant Principal Officer, 3 Higher Executive Officers, 1 Executive Officer and 1 Clerical Officer). The role of the DPSCO is to provide leadership and support to Department staff to ensure compliance with data protection legislation. The DPSCO has access to counsel (nominated by the Attorney General) for specific legal advice in relation to the application of the legislation to various aspects of the Department's remit.
In relation to Data Protection Impact Assessments (DPIA), I note that Article 35 of the General Data Protection Regulation 2018 (GDPR) requires that a DPIA be carried out where 'a type of processing in particular using new technologies' is identified as 'likely to result in a high risk to the rights and freedom of natural persons'. My Department, in consultation with the Data Protection Officer, has developed a DJE specific DPIA process which is being rolled out to all Divisions involved in processing personal data. DPIAs are currently ongoing in relation to inter agency systems in development in the justice sector.
277. Deputy Catherine Murphy asked the Minister for Justice and Equality if mobile phone or communications companies have raised concerns or issues with him in the context of the interception of communications arising from GDPR; and if he will make a statement on the matter. [31484/18]
Amharc ar fhreagraThe Deputy will be aware that the lawful interception of communications is a valuable tool in the fight against serious and organised crime and in protecting security. Interception is governed by the provisions of the Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993.
The Act sets out very strict conditions all of which must be satisfied for an authorisation to be granted by the Minister for Justice and Equality to the Commissioner of An Garda Síochána, the Chief of Staff of the Defence Forces or the Chairperson of the Garda Síochána Ombudsman Commission, as provided for in the Act 1993.
In respect of serious crime, these conditions are that an investigation is being carried out into a serious crime or to prevent a serious crime and that investigations not involving interception have not and are unlikely to produce the necessary information or evidence and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy.
In respect of protecting the security of the State, the conditions are that there are investigations being carried out, based on a reasonable belief there are activities going on that endanger the State’s security, and that investigations not involving interception have not and are not likely to produce the necessary information or evidence, and that interception is likely to do so, and that the importance of obtaining the information justifies the interception notwithstanding the interference with privacy.
The 1993 Act also provides for independent judicial oversight of the operation of the Act’s provisions by a serving Judge of the High Court designated for this purpose. There is also an independent Complaints Referee provided for under the Act, a serving Judge of the Circuit Court who is empowered to investigate complaints from individuals who believe that their communications have been intercepted.
Such concerns as referred to by the Deputy in her question have not been raised with me arising from the GDPR. The Deputy will note that the GDPR does not apply to processing by competent authorities for the purposes of combatting crime and preventing threats to public security. The processing of personal data for these purposes is governed by EU Directive 2016/680, known as the ‘law enforcement directive’, which is given effect to at Parts 5 and 6 of the Data Protection Act 2018. Data processed for the purposes of safeguarding the security of the State are governed by section 1(4) of the Data Protection Act 1988.
280. Deputy John Brady asked the Minister for Justice and Equality the funding allocated to the women’s refuge in Bray in each year since 2012 to date in 2018, in tabular form; and if he will make a statement on the matter. [31523/18]
Amharc ar fhreagraThe Victims of Crime Office in my Department awarded funding for support and assistance and court accompaniment for victims of crime to Bray Women's Refuge in 2016, 2017, and 2018. No funding was awarded prior to 2016. The amounts awarded are as follows:
2018: €15,000
2017: €15,000
2016: €9,000
The primary funding for the running of Bray Women's Refuge is the responsibility of Tusla (the Child and Family Agency).
281. Deputy John Brady asked the Minister for Justice and Equality the status of the reopening of Donard Garda station, County Wicklow; the timeframe for the reopening; and if he will make a statement on the matter. [31534/18]
Amharc ar fhreagraThe 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. 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.
As the Deputy will be aware, the Programme for a Partnership Government commits to a pilot scheme to reopen 6 Garda stations, both urban and rural, to determine possible positive impacts that such openings will have on criminal activity, with special emphasis on burglaries, theft and public order.
The Garda Commissioner's final report on the matter, which is available on my Department's website, recommended that Donard Garda Station be reopened, along with stations in Ballinspittle, Co. Cork, Bawnboy, Co. Cavan, Leighlinbridge, Co. Carlow and Rush and Stepaside, Co. Dublin.
I am informed by the Garda authorities that a brief of requirements was provided to the OPW in relation to the reopening of each of these 6 stations, including Donard Garda Station, and that the Garda authorities requested the OPW to undertake technical surveys to determine the works which would be required to enable the stations to reopen.
I am further informed that the OPW has concluded these necessary technical surveys and reported to the Garda Commissioner. I understand An Garda Síochána and OPW remain engaged on progressing the matter.
It is not possible to say at this stage when the six stations will reopen as this depends on a number of factors, but my officials are engaging on an ongoing basis with An Garda Síochána and the OPW as they progress these very important projects.
