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Tuesday, 24 Jul 2018

Written Answers Nos. 894-916

Garda Deployment

Ceisteanna (894)

Donnchadh Ó Laoghaire

Ceist:

894. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the staff complement of the Special Detective Unit SDU, Regional Support Units, RSU and Emergency Response Unit, ERU; and the estimated cost of increasing the budget for each of these units by 5%, 10%, 15% and 20%, respectively. [33769/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including the distribution of personnel and I, as Minister, have no direct role in the matter.  I understand that Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

I am advised by the Garda authorities that for security and operational reasons the strength of the Special Detective Unit, the Emergency Response Unit and the Regional Support Units cannot be provided.  I am further informed that for the same reasons, the costs of increasing the budget for these units by the percentages requested cannot be provided.

Garda Data

Ceisteanna (895)

Donnchadh Ó Laoghaire

Ceist:

895. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of an additional member of each of the SCU, RSU and ERU. [33770/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including the distribution of personnel and I, as Minister, have no direct role in the matter.  I understand that Garda management keeps this distribution under review in the context of crime trends and policing priorities to ensure optimum use is made of the resources.

I am advised by the Garda authorities that for security and operational reasons the strength and other details relating to the Special Detective Unit, the Emergency Response Unit and the Regional Support Units cannot be provided.  I am further informed that for the same reasons, precise costs for members or additional members of these Units cannot be provided.

Garda Administrative Costs

Ceisteanna (896)

Donnchadh Ó Laoghaire

Ceist:

896. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of restoring armed Garda cover on a 24/7 basis in the Cork region. [33771/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner in light of his identified operational demands and the availability of resources.  Further, the allocation of Garda resources and distribution of personnel are a matter for the Commissioner, in light of the availability of resources and his identified operational demands.  As Minister I have no direct role in the matter.  I understand that Garda management keeps these matters under review in the context of crime trends and policing priorities to ensure optimum use is made of the available resources.

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

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 896 for answer on 24 July 2018 regarding armed Garda cover on a 24/7 basis in the Cork region.
As the Deputy will recall, the information he requested could not be obtained in the time available and I undertook to contact him again when the information was to hand.
As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of the availability of resources and his identified operational demands. As Minister, I have no direct role in these matters.
I am advised by the Garda authorities that there is an armed response capacity on a 24/7 basis throughout the Southern Region, including Cork City and County provided by the Southern Region Armed Support Units (ASUs), based in Cork City and Limerick City.
I am further advised that following a recent competition to fill vacancies and extend the capacity of Regional ASUs nationwide, personnel have been selected, with full-time deployments anticipated in the short-term.
I trust this information is of assistance.

Garda Transport Expenditure

Ceisteanna (897)

Donnchadh Ó Laoghaire

Ceist:

897. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of increasing the training budget for An Garda Síochána by 10%, 20% and 30%, respectively. [33772/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate decisions in relation to the provision and allocation of Garda resources are a matter for the Garda Commissioner in light of his identified operational demands and the availability of resources.

I have requested the specific material from the Garda authorities and when it is to hand I will forward it on to the Deputy.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 897 for answer on Tuesday, 24 July 2018 in which the Deputy requested the estimated cost of increasing the training budget for An Garda Síochána by 10%, 20% and 30%, respectively.
As the Deputy will recall, the information he requested could not be obtained in the time available, and I undertook to contact him again when the information was to hand. I apologise that this was not possible before now.
I have been informed by the Garda authorities that the table below outlines what a 10%, 20% and 30% increase in expenditure on training would cost, based on the actual Garda expenditure on training for 2018 (figures rounded).

10%

20%

30%

Training

€342,033

€684,066

€1,026,099

The above calculation is based on expenditure of €3,420,327 on training in 2018 and includes Garda College training.
I hope this information is of assistance.

Garda Resources

Ceisteanna (898)

Donnchadh Ó Laoghaire

Ceist:

898. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of an additional analyst within the cyber crime unit. [33773/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, as amended, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána. Further, the allocation of Garda resources and distribution of personnel are a matter for the Commissioner, in light of the availability of resources and his identified operational demands. I understand that Garda management keeps these matters under review in the context of crime trends and policing priorities, to ensure optimum use is made of the available resources.

I have been informed by the Garda authorities that the estimated salary cost of an additional analyst within the cyber-crime unit is approximately € 57,300. This estimate is based on the mid-point of the Higher Executive Officer pay scale and includes an estimate of Employer’s PRSI.

Garda Resources

Ceisteanna (899)

Donnchadh Ó Laoghaire

Ceist:

899. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the staff complement within An Garda Síochána dealing with cyber crime; and the cost of each position. [33774/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, in accordance with the Garda Síochána Act 2005, as amended, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána.  Further, the allocation of Garda resources and distribution of personnel are a matter for the Commissioner, in light of the availability of resources and his identified operational demands.  As Minister I have no direct role in the matter.  I understand that Garda management keeps these matters under review in the context of crime trends and policing priorities to ensure optimum use is made of the available resources.

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

Garda Deployment

Ceisteanna (900)

Donnchadh Ó Laoghaire

Ceist:

900. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the length of time it will take for the backlog in cases being dealt with by An Garda Síochána cyber crime units; and the estimated cost of recruiting the additional staff required for this purpose. [33776/18]

Amharc ar fhreagra

Freagraí scríofa

I have requested a report from the Acting Garda Commissioner in relation to the information sought by the Deputy. I will reply further to the Deputy when this report is to hand.

Garda Expenditure

Ceisteanna (901)

Donnchadh Ó Laoghaire

Ceist:

901. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of increasing the number of dedicated community gardaí by 10%, 20% and 30%, respectively. [33777/18]

Amharc ar fhreagra

Freagraí scríofa

The Deputy will be aware that it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of the members of An Garda Síochána.

I have asked the Commissioner for the specific material requested by the Deputy and I will write to him when I receive this information.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 901 for answer on 24 July 2018 relating to the cost of increasing the number of dedicated community Gardaí by 10%, 20% and 30%. I apologise for the time required to provide you with the information requested.
As the Deputy will appreciate it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including by arranging for the recruitment and training of personnel. Further, the allocation of Garda resources and distribution of personnel are a matter for the Commissioner, in light of the availability of resources and his identified operational demands.
Community policing is at the heart of An Garda Síochána as it recognises that every community, either urban or rural, has its own concerns and expectations. The role of a community Garda is not a specialist role in An Garda Síochána; rather it is the case that all
gardaí have a role to play in community policing in carrying out their duties. The official categorisation of Community Garda simply refers to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. It is a matter for the Divisional Chief Superintendent to determine the optimum distribution of duties among the personnel available to him or her having regard to the profile of the area and its specific needs
I am informed by the Garda authorities that as at 31 December 2018, the latest date for which information is readily available, there were 695 dedicated Community Gardaí.
I am further informed that salary costs are calculated using the midpoint of the January 2019 Garda salary scale and include fixed allowances which members are entitled to. An estimate of Employer’s PRSI is also included. Allowances for unsocial hours and any potential overtime payments in excess of standard briefing time are not included.
The following table shows the estimated incremental salary costs if the current number of dedicated Community Gardaí were increased by 10% 20% and 30% respectively.

Cost of 10% increase

Cost of 20% increase

Cost of 30% increase

Dedicated Community Gardaí

€3,462,340

€6,924,680

€10,387,020

Dedicated Community Sergeants

€537,177

€1,074,354

€1,611,531

I trust this information is of assistance.

Garda Deployment

Ceisteanna (902)

Donnchadh Ó Laoghaire

Ceist:

902. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the estimated cost of increasing the number of juvenile liaison officers by 10%, 20% and 30%, respectively. [33778/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, it is the Garda Commissioner who is responsible for carrying on and managing and controlling generally the administration and business of An Garda Síochána, including the distribution of personnel.

I have asked the Commissioner for the specific information requested and I will write to the Deputy as soon as it is to hand.

The following deferred reply was received under Standing Order 42A
I refer to Parliamentary Question No. 902 for answer on 24 July 2018 in which the Deputy requested the estimated cost of increasing the number of juvenile liaison officers by 10%, 20% and 30% respectively.
As the Deputy will recall, the information he requested could not be obtained in the time available, and I undertook to contact him again when the information was to hand.
I have been informed by the Garda authorities that the cost of increasing the number of Garda JLOs by 10%, 20% and 30% is estimated at €591,000, €1,182,000 and €1,773,000, respectively and is based on 104 Garda JLOs as at 4 September 2018.
I have further been informed by the Garda authorities that the cost of increasing the number of Sergeant JLOs by 10%, 20% and 30% is estimated at €70,000, €140,000, €210,000, respectively and is based on 8 Sergeant JLOs as at 4 September 2018.
Please note that the costs outlined above are estimated and have been rounded to the nearest €1,000.
Basic salary costs have been calculated using the midpoint of the Garda salary scale and including fixed allowances which the member is entitled to. An estimate of Employer’s PRSI is also included. Allowances for unsocial hours and any potential overtime
payments in excess of standard briefing time are not included. The 2019 costing includes the impact of scheduled public sector pay increases (1 October 2018 and 1 September 2019).
I hope this information is of assistance.
Question No. 903 answered with Question No. 813.

Insolvency Payments Scheme Appeals

Ceisteanna (904)

Michael McGrath

Ceist:

904. Deputy Michael McGrath asked the Minister for Justice and Equality the number of appeals (details supplied) submitted to date; and if he will make a statement on the matter. [33801/18]

Amharc ar fhreagra

Freagraí scríofa

It appears, from the details supplied, that the Deputy is referring to applications made by an insolvent homeowner to a court, under s.115A of the Personal Insolvency Acts, asking the court to review a decision made by his or her creditor(s) to reject a proposed Personal Insolvency Arrangement which includes resolution of mortgage arrears on the insolvent person’s home (principal private residence).

The following are the numbers of such applications made to the courts, in each year from the commencement of s.115A in late 2015, to 23 July 2018:

Year

No. of applications

2015

10

2016

227

2017

487

2018 to date

322

Total

1,046

I am pleased to inform the Deputy that the conduct of these critical s.115A review processes through the courts is working, in line with what was intended when this important legislative change was made in 2015. Government policy in this area is about keeping people in their homes where at all possible.

It is evident from the jurisprudence developing on the application of s115A, that a number of people are now in Personal Insolvency Arrangements who would previously have been subject to final rejection by the creditors. The courts have at this point issued a number of important judgments under s.115A, which provide added clarity for lenders and for borrowers on the types of mortgage restructure which may be imposed by the court, on the basis that they are overall fair, equitable and sustainable for the purposes of section 115A.

Courts Service Data

Ceisteanna (905)

Michael McGrath

Ceist:

905. Deputy Michael McGrath asked the Minister for Justice and Equality the number of court cases in each of the years since 2014 in which it has been shown that the claimant has made a fraudulent claim; and if he will make a statement on the matter. [33808/18]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that section 25 of the Civil Liability and Courts Act 2004 provides that it is an offence for a person to give or adduce evidence in a personal injuries action that is  false or misleading  and that the person knows to be false or misleading, or to cause false or misleading evidence to be given or adduced with the intention of misleading the court. It is also an offence for a person to give false or misleading instructions or information to a solicitor or expert in relation to a personal injuries  action or to cause false or misleading instructions or information to be given with the intention of misleading the court.

The Courts Service has advised that statistics are not compiled in such a way as to provide information requested. I have requested the Courts Service to examine the requirements, including system development and resource issues, needed to enable the compiling of such statistics going forward.

The Deputy will wish to be aware that the issue of fraud in the personal  injuries litigation area is being examined as part of the ongoing  work of the Cost of Insurance Working Group, which is chaired by my colleague Minister of State Michael D’Arcy, and an initial roundtable was convened by the Department of Finance in late 2017 to listen to the views of all of the key stakeholders in relation to insurance  fraud. In January  2018, the Working Group produced its ‘Report on the Cost of Employer and Public Liability Insurance’ which includes a number of specific recommendations in relation to the production of statistics by An Garda Síochána and the Courts Service on complaints, investigations, prosecutions and convictions relating to fraud within the personal injuries area.

Recommendation 13 of the Working Group's employer and public liability insurance report recommends that Insurance Ireland, An Garda Síochána and the Office of the Director of Public Prosecutions agree a set of guidelines in respect of the reporting of suspected fraudulent insurance claims. While guidelines were published in 2004, the Working Group noted that these have only been used to a very limited extent over the years and proposed that a new set of guidelines should be developed, using the 2004 protocol as a starting point. Consultations with various interested parties on the proposed guidelines have taken place and it is anticipated that a new set of guidelines will be completed during 2018.

It  should be noted also that the Courts Service and An Garda Síochána are engaging with my Department on an ongoing basis in relation to the recommendations of the Cost of Insurance Working Group.

The Deputy may also be interested to note that the Department of Finance issues regular quarterly updates on its website of the progress of the respective reports of the Cost of Insurance Working Group, the latest and Fifth Quarterly Progress Update having been published on 11 May 2018. 

Immigration Status

Ceisteanna (906)

Bernard Durkan

Ceist:

906. Deputy Bernard J. Durkan asked the Minister for Justice and Equality when approval for an appropriate visa will issue in the case of a person (details supplied); and if he will make a statement on the matter. [33821/18]

Amharc ar fhreagra

Freagraí scríofa

I am advised by the Irish Naturalisation and Immigration Service (INIS) of my Department that the person mentioned by the Deputy applied for permission to remain in the State on the basis of marriage to an Irish National on 23 November 2017.   As there is a valid Deportation Order in place this application was not accepted. The person concerned was informed of this by letter from my Department on 19 December 2017.

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.

Crime Data

Ceisteanna (907)

Jim O'Callaghan

Ceist:

907. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of criminal acts of violence using a knife that have been reported in the past six years; and if he will make a statement on the matter. [33896/18]

Amharc ar fhreagra

Freagraí scríofa

The Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of the official recorded crime statistics, and the CSO has established a dedicated unit for this purpose.  I have asked the CSO to forward the available statistics in relation to the information requested directly to the Deputy.

Asylum Seeker Employment

Ceisteanna (908)

Robert Troy

Ceist:

908. Deputy Robert Troy asked the Minister for Justice and Equality if he has had discussions with the Minister for Transport, Tourism and Sport with a view to enabling asylum seekers to apply for a driver licence in view of the fact that his Department has relaxed the criteria for asylum seekers that are seeking employment; if he has not held discussions on this issue, if he will do so; and if he will make a statement on the matter. [33900/18]

Amharc ar fhreagra

Freagraí scríofa

I signed the European Communities (Reception Conditions) Regulations 2018, which entered into force in the State on 30 June. These Regulations transpose the EU(Recast) Reception Conditions into national law and provide for effective access for eligible international protection applicants to the labour market, in line with what was agreed by Government.  These replaced the interim arrangements that came into force on 9th February. 

Approximately 3,000 adult protection applicants are now eligible to apply for a labour market permission. A broad and generous level of access has been provided, which will allow eligible applicants access to all sectors of employment with the exception of the Civil and Public Service, An Garda Síochána and the Defence Forces.

I and my officials are aware of the question of driving licences and it has been taken up at official and Ministerial level. The matter is primarily one for the Department of Transport, Tourism and Sport and the relevant agencies under its remit. There are on-going communications to determine if an appropriate solution can be found.

Immigration Support Services

Ceisteanna (909)

Seán Crowe

Ceist:

909. Deputy Seán Crowe asked the Minister for Justice and Equality if his attention has been drawn to the ongoing difficulties still being experienced by those who use centres (details supplied); and if a new potential funding stream was identified and sourced to keep the facilities open on a daily basis. [33906/18]

Amharc ar fhreagra

Freagraí scríofa

Discussions have been on-going between my Department and South Dublin County Partnership regarding a proposal to deliver housing and integration supports to migrants in the community through both the intercultural centres in Tallaght and Clondalkin.

A crucial part of this initiative is the provision of support services to assist residents in accommodation centres who have received some form of permission to remain to access housing to allow them to move out of the centres and live in the community.

I have recently met with management from South Dublin County Partnership along with officials from my Department and I am pleased to confirm that funding of a two year housing and integration programme has been agreed. 

Garda Deployment

Ceisteanna (910)

Niamh Smyth

Ceist:

910. Deputy Niamh Smyth asked the Minister for Justice and Equality if concerns in relation to the lack of gardaí in north County Meath (details supplied) will be reviewed; the Garda numbers working in Drunconrath, Meath Hill, Nobber, Kilmainhamwood and Castletown; his plans to address these concerns and allocate additional gardaí; and if he will make a statement on the matter. [33986/18]

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.

As the Deputy will be aware the locations referred to form part of the Meath Garda Division. I am further informed by the Garda Commissioner that on 31 May 2018, the latest date for which figures are readily available, the strength of the Meath Division was 310. Where 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.

Since the reopening of the Garda College in September 2014, almost 2,000 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide including 64 to the Meath 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 which will see Garda numbers, taking account of projected retirements, 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 Meath Division, as new Garda recruits continue to come on stream.

For the Deputy's information, the following link, as supplied by the Commissioner, sets out the Garda strength of the Meath Division by District and Station.

Table

Garda Operations

Ceisteanna (912)

Róisín Shortall

Ceist:

912. Deputy Róisín Shortall asked the Minister for Justice and Equality further to Parliamentary Question No. 151 of 9 May 2018, the reason the organisations have not been approached yet as part of the work of the cross-agency group in view of their expertise, local knowledge and his undertaking that they would be consulted; if his officials will make contact with the groups without further delay in view of the urgency of the situation in the communities; and if he will make a statement on the matter. [34009/18]

Amharc ar fhreagra

Freagraí scríofa

I have emphasised on a number of occasions that the misuse of scramblers and quad bikes is taken very seriously by the Government and I thank the Deputy for her continued interest in this serious public safety concern.

The Deputy will recall that, in my response to Parliamentary Question No. 151 of 9 May 2018, I noted the intention of officials in my Department to consult with local authorities in the context of the many examples of positive engagement fostered by local authorities with local communities, as a number of initiatives and projects are of potential interest insofar as the misuse of scramblers and quad bikes are concerned.

It was in this vein that my Department participated in the first meeting of a newly established taskforce, consisting of representatives of the Dublin local authorities, Gardaí working in these local authority areas, and professional motocross sports, on 21 June 2018. An invitation was also extended to local authorities from Meath and Wicklow to join this taskforce. At the taskforce meeting, the consensus was that a multi-pronged approach to tackling this issue is necessary, to include a consideration of enforcement measures, education and awareness-raising, relevant legislation, and the potential provision of designated facilities, where such vehicles could be used in a safe environment.

As I have previously stated, I am particularly interested in the benefits to be gained from the experiences of initiatives, such as those mentioned in the details supplied alongside the Deputy's question of 9 May 2018, which involve direct engagement between local authorities, An Garda Síochána and local communities. My officials will continue to engage with local authorities via the newly established taskforce, in order to learn from such initiatives and to utilise this knowledge in developing the approach to be taken in tackling this serious issue. The next meeting of the taskforce is expected to take place in September.

I can assure the Deputy that I will continue to actively support any positive actions that can be pursued to counteract the serious public safety issues associated with the misuse of scramblers and quad bikes.

Legal Aid

Ceisteanna (913)

Kathleen Funchion

Ceist:

913. Deputy Kathleen Funchion asked the Minister for Justice and Equality if legal aid can be supplied for test cases being taken in the High Court; and if he will make a statement on the matter. [34012/18]

Amharc ar fhreagra

Freagraí scríofa

Civil Legal Aid is provided in Ireland by the Legal Aid Board in accordance with the provisions of the Civil Legal Aid Act 1995 ("the Act") as amended.  A person may apply for legal aid services in respect of any civil matter except where the matter is excluded under the provisions of the Act. 

In the vast majority of cases, applicants must meet financial eligibility requirements.  In addition, applications are also required to meet a merits test which is provided for in the Act.  The merits test includes such criteria as likelihood of success, the legal basis for taking or defending proceedings, and, in some but not all case types, the costs and benefit associated with pursuing the matter in question by means of civil litigation.

With regard to the taking of a test case, Section 28(9)(a)(vii-viii) of the Act provides that legal aid may not be granted where:

(vii) a matter as respects which the application for legal aid is made in a representative, fiduciary or official capacity and the Board, having regard to any source from which the applicant is or may be entitled to be indemnified in respect of the costs of the proceedings concerned and any resources of the persons who would be likely to benefit from a successful outcome of the proceedings for the applicant, is of opinion that legal aid should not be granted;

(viii) a matter the proceedings as respects which, in the opinion of the Board, are brought or to be brought by the applicant as a member of and by arrangement with a group of persons for the purpose of establishing a precedent in the determination of a point of law, or any other question, in which the members of the group have an interest; 

(ix) any other matter as respects which the application for legal aid is made by or on behalf of a person who is a member, and acting on behalf, of a group of persons having the same interest in the proceedings concerned.

In accordance with section 28(9)(d) of the Act, and notwithstanding the above provisions, the fact that other persons may benefit from the outcome of particular proceedings does not prevent a person from applying for and being granted legal aid, providing that he/she is eligible financially and meets the merits test.  It is open to any person to seek legal advice services from a Legal Aid Board law centre.  It is not possible to state that any particular person will be granted legal aid, or that their specific case is one which will meet the criteria set out in the Act.  This is a matter that the Legal Aid Board can decide only after an application is made to it by the person concerned. 

Garda Síochána Ombudsman Commission Investigations

Ceisteanna (914)

Donnchadh Ó Laoghaire

Ceist:

914. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the actions he has taken following the vote of Dáil Éireann to have a public inquiry into the death of a person (details supplied). [34014/18]

Amharc ar fhreagra

Freagraí scríofa

The resolution which was passed in this House on 14 June 2018 called on the Government to establish a public inquiry into the tragic death of this young man.  It also referred, inter alia, to information systems within the Courts Service to facilitate access to information in respect to sentences imposed or orders made on persons previously convicted of offences.

As the Deputy is aware, certain matters related to the circumstances surrounding the tragic death of the young man in question were the subject of an investigation conducted by the Garda Síochána Ombudsman Commission.  The report published by GSOC of its investigation found that there was no conduct by any member of the Gardaí which would constitute an offence.  However, there was conduct that requires further investigation which may lead to disciplinary proceedings against one or more members.  That further investigation by GSOC is on-going and I do not propose to comment on that matter while the investigation is proceeding.

In response to the motion calling for an investigation into the death of the person referred to in the Deputy's question, the Government, respecting fully the independence of GSOC, proposed that any further action be deferred until the current investigation was completed. 

I want to reiterate the Government's undertaking that when investigations are completed, the question of what further action might be taken will be considered.

The motion referred to the need to examine the actions of the Gardaí, the Director of Public Prosecutions, GSOC and the courts. I recognise, as I did during the debate, the failings that occurred in the run up to this tragic incident and I pointed out that GSOC, the independent authority established by an Act of the Oireachtas should be allowed to complete its investigation unhindered.

In the meantime, I am considering how the issues around systems, processes and procedures that have been identified in this case, can be best reviewed so that lessons can be learned and that tragedies such as that which befell this family are avoided, to the greatest extent possible, in the future.

Question No. 915 answered with Question No. 847.

Garda Deployment

Ceisteanna (916)

Seán Sherlock

Ceist:

916. Deputy Sean Sherlock asked the Minister for Justice and Equality the number of community designated Garda officers in each Garda district in tabular form; and the funding available to those officers to engage in community projects such as text alert schemes. [34043/18]

Amharc ar fhreagra

Freagraí scríofa

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

Community policing is at the heart of An Garda Síochána. The role of a community Garda is not a specialist role in An Garda Síochána; rather all Gardaí engage in community policing while carrying out their normal duties. The official categorisation of Community Garda refers to those exclusively assigned to building relationships with local communities and civil society which includes giving talks to schools, community groups and others.

I am assured by the Commissioner that the Garda National Model of Community Policing plays a key part in responding to crime. The Model advocates a partnership based, community based style of policing to prevent and deter crime and works through initiatives such as Neighbourhood Watch, Community Alert, Text Alert and the Garda Schools Programme as well as through more formal structures such as Joint Policing Committees. While building trust and enhancing the quality of life of the community each Garda Division’s specialist Crime Prevention Officers (CPOs) are trained to encourage, promote and advise on crime prevention. The objectives of the community policing model include high visibility in the community, ease of contact by members of the public, and enhanced support for crime prevention strategies.

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

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.

The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources needed to deploy increasing numbers of Gardaí across every Division as new Garda recruits come on stream.

I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 2,000 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. This year a further 800 new Garda Recruits will enter the Garda College and we are on track to reach 14,000 by the end of 2018.

In addition, a further 500 civilians will also be recruited to fill critical skills gaps across the organisation and to facilitate the redeployment of Gardaí from administrative and technical duties to front-line operational duties. There are plans to strengthen the Garda Reserve with new Reserves expected to commence training in 2018.

This focus on investment in personnel is critical and I am pleased that funding is in place to maintain this high level of investment in the Garda workforce to ensure that the overall vision for 2021 remains on track.

The Community Text Alert Groups are funded by my Department. On 02 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.

The table in the following link, as supplied by the Commissioner, sets out the latest figures for Community Gardaí by Division and Station as of 31 May 2018.

Community Garda

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