Written Answers Nos. 201-215
201. Deputy James Browne asked the Minister for Justice and Equality the reason the Garda Modernisation and Renewal Programme 2016-2021 does not make reference to a policy or practice regarding missing person cases; and if he will make a statement on the matter. [20429/19]
Amharc ar fhreagra202. Deputy James Browne asked the Minister for Justice and Equality the way in which he plans to develop a cross-departmental framework on missing person cases; and if he will make a statement on the matter. [20431/19]
Amharc ar fhreagraI propose to take Questions Nos. 201 and 202 together.
On 18 December 2018, the Government endorsed the report of the Commission on the Future of Policing in Ireland and agreed to accept all 157 key recommendations contained in the report. On the same day, I also published a four year high level plan, A Policing Service for the Future, which sets out the approach to implementation, which will be overseen by a dedicated Programme Office in the Department of the Taoiseach, as recommended in the Commission’s report.
The Plan supersedes the Modernisation and Renewal Programme 2016-2021 and is, in effect, now the one plan for reform of An Garda Síochána and policing generally over the next four years. As part of this plan, Divisional Protective Services Units continue to be rolled out with these Units focusing on specialised crime areas and services, including missing persons cases.
I have been informed by the Garda Commissioner that Protective Services Units have now been established in ten Garda Divisions. It is expected that the units will be rolled-out to the remaining 19 Garda Divisions, on a phased basis, by the end of 2019.
An Garda Síochána has published Guidance on the Recording, Investigation and Management of Missing Persons.
This Garda guidance document sets out the structure and mechanism for the investigation and management of missing persons incidents, providing an overview to members of An Garda Síochána on all aspects and categories of missing persons, the services available within An Garda Síochána and externally, and the steps to be followed in all cases where a person is reported missing to An Garda Síochána. The document also collates policies, international best practices and operational procedures relating to the investigation of missing persons incidents.
203. Deputy Noel Rock asked the Minister for Justice and Equality the status of legislation to tackle the ongoing issue of scrambler and quad bikes; and if he will make a statement on the matter. [20457/19]
Amharc ar fhreagraAs previously stated, in response to parliamentary question 99 of 10 April 2019, legal advice received from the Office of the Attorney General indicated that, in the main, current road traffic and public order legislation appear to provide sufficient means to police this issue. This view was shared by the Department of Transport, Tourism and Sport and An Garda Síochána at the last sitting for the cross-agency group on scrambler misuse (15 March).
My Department is continuing to liaise with An Garda Síochána to explore practical solutions to this problem, which is likely to include a combination of targeted enforcement measures, awareness raising, and youth engagement programmes.
The cross-agency group remains open to considering workable legislative solutions in the event that specific legislative gaps are identified by An Garda Síochána.
204. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality his views on the reason for the drop in the number of personnel exchanges from An Garda Síochána to the PSNI from 2015 onwards; the reason for the drop in the length of exchanges from an initial duration of two months to the current duration of three weeks; the quality of feedback reports on these exchanges; and the value of these exchanges. [20462/19]
Amharc ar fhreagra205. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the action he has taken to promote exchanges and secondments between An Garda Síochána and the PSNI and vice versa beyond the initial legislation. [20463/19]
Amharc ar fhreagra206. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality if members of An Garda Síochána and-or the PSNI transfer on a temporary basis to aid with individual investigations; and if so, the legislation under which same is carried out. [20464/19]
Amharc ar fhreagraI propose to take Questions Nos. 204 to 206, inclusive, together.
As the Deputy will be aware, the Garda Commissioner is statutorily responsible for the management of An Garda Síochána, including personnel matters and I, as Minister, do not have responsibility for this matter.
The Inter-Governmental Agreement on Police Co-operation obliged both Governments to introduce the necessary administrative and legislative measures to provide for exchanges, secondments and appointments between the Garda Síochána and the PSNI. Section 52-54 of the Garda Síochána Act 2005 gives effect to these obligations.
The Act provides for the secondment from the PSNI to certain ranks in An Garda Síochána for a period not exceeding 3 years. Protocols are in place between the Garda Commissioner and the Chief Constable of the PSNI which provide for the implementation of a programme of personnel exchanges and secondments between the two police services.
As regards secondments, I am informed that one member of An Garda Síochána was seconded to the PSNI since 2005 with the same powers and duties as a member of the Police Service of Northern Ireland. No members of the PSNI have been seconded to An Garda Síochána.
In November 2015, the British and Irish Governments and the Northern Ireland Executive agreed a series of measures in ‘A Fresh Start’, the Stormont Agreement and Implementation Plan. One of these measures was the creation of a Cross Border Joint Agency Task Force (JATF) as part of “a concerted and enhanced effort to tackle organised and cross jurisdictional crime.” The Operations Co-ordination Group (comprised of senior operational management personnel from the relevant law enforcement agencies) has been functioning operationally since 4th April, 2016 and is coordinating joint operations and directing relevant resources in respect of six priority areas, which are as follows:
1. Rural Crime
2. Drugs
3. Financial Crime
4. Trafficking in Human Beings Including Children
5. Excise Fraud
6. Organised Immigration Crime
The “Cross Border Policing Strategy” acts as the over-arching delivery strategy for the work of the Joint Agency Task Force, which consists of a Strategic Oversight Group and an Operations Co-ordination Group.
The Joint Agency Task Force Strategic Oversight Group is jointly chaired by An Garda Síochána and the Police Service of Northern Ireland. The purpose of this group is to provide strategic direction and oversight to front-line operational activities. Two meetings take place annually in both locations and an operational report/assessment is drawn up every six months.
8 of the 14 Districts of the Northern Region border with Northern Ireland, and in this regard, there is regular engagement between An Garda Síochána and the Police Service of Northern Ireland in relation to day-to-day operations and specific targets or events.
Regarding the Deputy's questions on the drop in the number of personnel exchanges from An Garda Síochána to the PSNI from 2015 onwards; the reason for the drop in the length of exchanges; the quality of feedback reports on these exchanges, and the value of these exchanges: I have asked the Commissioner for this specific information required and I will revert when it is to hand.
207. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of Garda juvenile liaison officers attached to each Garda division in each of the years 2009 to 2018 and to date in 2019, in tabular form. [20474/19]
Amharc ar fhreagraAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter.
Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources.
Garda Juvenile Liaison Officers (JLOs) are specially trained to fulfil a key role in implementing the Garda Diversion Programme. Their role includes the administration of formal and informal cautions as well as appropriate supervision of children who have been admitted to the Diversion Programme, as provided in Part 4 of the Children Act 2001.
For the Deputy's information I have set out in the table attached the information requested which is currently not available on our website.
For general information on Garda Facts and Figures below is the link to the website.
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
Juvenile Liaison Officers by Division 2009 - 2019
|
DIVISION |
2009 |
2010 |
2011 |
2012 |
2013 |
2014 |
|
D.M.R. EAST |
6 |
6 |
6 |
4 |
6 |
6 |
|
D.M.R. NORTH |
12 |
11 |
11 |
11 |
12 |
13 |
|
D.M.R. NORTH CENTRAL |
4 |
3 |
4 |
4 |
4 |
4 |
|
D.M.R. SOUTH |
10 |
10 |
10 |
8 |
10 |
10 |
|
D.M.R. SOUTH CENTRAL |
6 |
5 |
5 |
5 |
6 |
5 |
|
D.M.R. WEST |
10 |
11 |
11 |
11 |
11 |
11 |
|
CARLOW/KILDARE |
0 |
0 |
0 |
0 |
0 |
0 |
|
KILDARE |
2 |
3 |
3 |
2 |
3 |
3 |
|
LAOIS / OFFALY |
2 |
2 |
2 |
2 |
2 |
2 |
|
MEATH |
2 |
2 |
3 |
3 |
3 |
3 |
|
LONGFORD/WESTMEATH |
0 |
0 |
0 |
0 |
0 |
0 |
|
WESTMEATH |
1 |
2 |
1 |
2 |
2 |
2 |
|
WICKLOW |
4 |
4 |
4 |
4 |
4 |
4 |
|
CAVAN/MONAGHAN |
2 |
2 |
2 |
2 |
2 |
2 |
|
DONEGAL |
3 |
3 |
3 |
4 |
3 |
3 |
|
LOUTH |
1 |
2 |
3 |
2 |
3 |
3 |
|
SLIGO/LEITRIM |
2 |
2 |
2 |
2 |
2 |
1 |
|
WATERFORD/KILKENNY |
0 |
0 |
0 |
0 |
0 |
0 |
|
KILKENNY/CARLOW |
3 |
3 |
3 |
3 |
2 |
2 |
|
TIPPERARY |
3 |
3 |
3 |
3 |
3 |
3 |
|
WATERFORD |
4 |
3 |
3 |
4 |
4 |
4 |
|
WEXFORD |
2 |
2 |
3 |
3 |
3 |
3 |
|
CORK CITY |
7 |
6 |
8 |
7 |
7 |
7 |
|
CORK NORTH |
3 |
3 |
3 |
3 |
3 |
3 |
|
CORK WEST |
2 |
2 |
2 |
2 |
2 |
2 |
|
KERRY |
3 |
2 |
4 |
4 |
4 |
4 |
|
LIMERICK |
5 |
6 |
6 |
6 |
6 |
6 |
|
CLARE |
2 |
2 |
2 |
2 |
2 |
2 |
|
GALWAY |
3 |
4 |
4 |
4 |
4 |
4 |
|
MAYO |
2 |
3 |
3 |
2 |
2 |
2 |
|
ROSCOMMON/GALWAY EAST |
0 |
0 |
0 |
0 |
0 |
0 |
|
ROSCOMMON/LONGFORD |
2 |
2 |
1 |
2 |
2 |
2 |
|
TOTAL |
108 |
109 |
115 |
111 |
117 |
116 |
table cntd.
|
DIVISION |
2015 |
2016 |
2017 |
2018 |
2019* |
|
D.M.R. EAST |
6 |
5 |
5 |
6 |
6 |
|
D.M.R. NORTH |
13 |
13 |
12 |
12 |
12 |
|
D.M.R. NORTH CENTRAL |
4 |
3 |
4 |
5 |
5 |
|
D.M.R. SOUTH |
10 |
10 |
10 |
10 |
9 |
|
D.M.R. SOUTH CENTRAL |
5 |
5 |
5 |
5 |
9 |
|
D.M.R. WEST |
9 |
11 |
11 |
11 |
11 |
|
CARLOW/KILDARE |
0 |
0 |
0 |
0 |
0 |
|
KILDARE |
3 |
3 |
3 |
3 |
3 |
|
LAOIS / OFFALY |
2 |
2 |
2 |
2 |
2 |
|
MEATH |
3 |
3 |
3 |
3 |
3 |
|
LONGFORD/WESTMEATH |
0 |
0 |
0 |
0 |
0 |
|
WESTMEATH |
2 |
2 |
2 |
2 |
2 |
|
WICKLOW |
4 |
4 |
4 |
3 |
3 |
|
CAVAN/MONAGHAN |
2 |
1 |
2 |
2 |
2 |
|
DONEGAL |
3 |
3 |
3 |
3 |
3 |
|
LOUTH |
3 |
3 |
3 |
2 |
2 |
|
SLIGO/LEITRIM |
1 |
1 |
1 |
1 |
1 |
|
WATERFORD/KILKENNY |
0 |
0 |
0 |
0 |
0 |
|
KILKENNY/CARLOW |
2 |
2 |
2 |
2 |
2 |
|
TIPPERARY |
3 |
3 |
3 |
3 |
3 |
|
WATERFORD |
4 |
3 |
4 |
4 |
4 |
|
WEXFORD |
3 |
3 |
2 |
3 |
3 |
|
CORK CITY |
7 |
7 |
10 |
7 |
7 |
|
CORK NORTH |
3 |
3 |
3 |
3 |
3 |
|
CORK WEST |
2 |
2 |
2 |
2 |
2 |
|
KERRY |
4 |
4 |
4 |
4 |
4 |
|
LIMERICK |
6 |
4 |
5 |
6 |
7 |
|
CLARE |
2 |
2 |
2 |
2 |
2 |
|
GALWAY |
4 |
4 |
3 |
4 |
4 |
|
MAYO |
2 |
2 |
2 |
2 |
2 |
|
ROSCOMMON/GALWAY EAST |
0 |
0 |
0 |
0 |
0 |
|
ROSCOMMON/LONGFORD |
2 |
2 |
2 |
2 |
2 |
|
TOTAL |
114 |
110 |
114 |
114 |
118 |
*As of 31 March 2019
208. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of community gardaí attached to each Garda division in each of the years 2009 to 2018 and to date in 2019, in tabular form. [20485/19]
Amharc ar fhreagraAs the Deputy will be aware, 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.
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.
With regard to numbers of Gardaí attached to divisions and stations or in particular roles or units much of the data requested is on my Department’s website and is updated every month with the latest data provided by An Garda Síochána.
The strength of the officially categorised Community Gardaí for each Division in each of the years from 2009 to 2019 is available on my Department’s website through the link below.
http://www.justice.ie/en/JELR/005_Community_Garda_Strength_2008_to_March_2019.xlsx/Files/005_Community_Garda_Strength_2008_to_March_2019.xlsx
For general information on Garda Facts and Figures below is the link to the website
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
209. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of community gardaí attached to each station in the Cork city division. [20486/19]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is statutorily responsible for the management of An Garda Síochána, and I, as Minister, do not have responsibility for this 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.
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.
The strength of the officially categorised Community Gardaí in each station in the Cork City Division on the 31 March 2019, the latest date for which figures are currently available, as supplied by the Garda Commissioner is as set out in the attached table.
|
Cork City |
Inspector |
Sergeant |
Garda |
Total |
|
Anglesea Street |
0 |
1 |
4 |
5 |
|
Ballincollig |
0 |
0 |
1 |
1 |
|
Bishopstown |
0 |
0 |
1 |
1 |
|
Blackrock |
0 |
0 |
1 |
1 |
|
Blarney |
0 |
0 |
1 |
1 |
|
Bridewell |
0 |
0 |
2 |
2 |
|
Carraigaline |
0 |
0 |
1 |
1 |
|
Douglas |
0 |
0 |
2 |
2 |
|
Glanmire |
0 |
0 |
1 |
1 |
|
Gurranbraher |
0 |
0 |
2 |
2 |
|
Mayfield |
0 |
0 |
2 |
2 |
|
Togher |
0 |
0 |
1 |
1 |
|
Watercourse Road |
0 |
1 |
3 |
4 |
|
Total |
0 |
2 |
22 |
24 |
210. Deputy Donnchadh Ó Laoghaire asked the Minister for Justice and Equality the number of Garda vehicles attached to the Cork city division that are ten years old or older. [20487/19]
Amharc ar fhreagraThere has been unprecedented investment in An Garda Síochána in recent years. The allocation to An Garda Síochána for 2019 is €1.76 billion. Significant capital investment is also being made, including a total of €46 million for investment in the Garda fleet between 2016 and 2021. This continuing investment is intended to ensure that An Garda Síochána has a modern, effective and fit-for-purpose fleet and that Gardaí can be mobile, visible and responsive on the roads and in the community to prevent and tackle crime.
As the Deputy will appreciate, in accordance with Section 26 of the Garda Síochána Act 2005 as amended, the Garda Commissioner is responsible for managing and controlling the administration and business of An Garda Síochána. Further, the allocation of Garda resources is a matter for the Commissioner, in light of his identified operational demands. This includes responsibility for the allocation of Garda vehicles among the various Garda divisions. As Minister, I have no direct role in that matter. I understand however, that Garda management keeps the distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure their optimum use.
I am informed by the Garda authorities that as of 8 May 2019 there are 126 vehicles attached to the Cork City Division, as outlined in the following table.
|
Cork City Division |
Cars |
Vans |
Motorcycles |
4 x 4 |
Other* |
Total |
|
Total |
87 |
19 |
8 |
3 |
9 |
126 |
[*Other are vehicles in the Garda Fleet which do not fall under the previous four categories, e.g. MPV, SUV, Minibus and Prisoner Conveyance Vehicles.]
I am further informed by the Garda authorities that a total of 15 vehicles in the Cork City Divisional fleet are 10 years of age or more, namely 9 cars, 2 vans and 4 other vehicles. This represents under 12% of the Cork City Divisional fleet.
Garda management indicates that a comprehensive service, repair and maintenance programme is in place to ensure that all vehicles in the Garda fleet are operating in accordance with manufacturer specifications and that all vehicles are operated up to the manufacturer’s durability limits (generally 300,000km) or up until uneconomic repair, irrespective of age.
211. Deputy Clare Daly asked the Minister for Justice and Equality the changes in visa requirements for transit passengers; the problems caused to some of these persons as a result of lack of clarity and contradictory requirements being furnished; and if he will make a statement on the matter. [20488/19]
Amharc ar fhreagraIrish transit visas are issued by the Minister for Justice and Equality pursuant to Section 17 of the Immigration Act 2004 to citizens of a state or territorial entity specified in Schedule 5 of Statutory Instrument No. 473 of 2014 (as amended) for the purpose of passing through a port in the State in order to travel to another state. The most recent change was S.I. No. 264 of 2017 which came into effect on 9 June 2017 and added Georgia and Ukraine to the Schedule. Persons who are nationals specified in Schedule 5, and are transiting through a port (and are not seeking permission to enter the State), must be in possession of a transit visa in order to proceed to their connecting flight.
There are some practical limitations to relying on a transit visit and this arises when there are no transit facilities at the port in question. As outlined in the INIS website, intending passengers are asked to check with their airlines as to the facilities available and, if necessary, obtain a short stay visa before travelling. This enables passengers with onward connections, who must exit through immigration control, to do so using the short stay visa.
The provision of facilities at Ireland's ports falls to the specific authority operating the facility. My colleague the Minister for Transport, Tourism and Sport has responsibility for the various port authorities.
The onus rests at all times with the passenger to ensure that they possess the required visas for travel to or transit through an Irish port. Information for visa required passengers who need to transit through an Irish port is provided on the website of the Irish Naturalisation and Immigration Service - http://www.inis.gov.ie/en/INIS/Pages/visa-required-transit. Information for non-visa required passengers who need to transit is also provided on the website - http://www.inis.gov.ie/en/INIS/Pages/non-visa-required-transit.
212. Deputy Niall Collins asked the Minister for Justice and Equality if he will order an investigation into the handling of a case by An Garda Síochána (details supplied); and if he will make a statement on the matter. [20501/19]
Amharc ar fhreagraI am aware of the case referred to in the Deputy's question.
In the first instance I have to emphasise that, as Minister, I have no responsibility for matters related to Garda investigations. These are entirely within the remit of the Garda Commissioner alone. Where a complaint is made to the Garda Síochána Ombudsman Commission, it is for GSOC to decide whether to investigate and how that investigation should be conducted. Finally, decisions related to prosecutions are exclusively for the Office of the Director of Public Prosecutions.
Having said that, it is my understanding that the Policing Authority has raised this matter with the Garda Commissioner and the Commissioner has indicated to the Authority that he will provide a report to it on the case.
As the Deputy will be aware, the Garda Síochána Ombudsman Commission (GSOC) is the statutory agency responsible for the investigation of complaints against members of An Garda Síochána. It is my understanding that GSOC has no outstanding investigations involving either of the individuals referred to in the Deputy's question. Insofar as GSOC is aware of the matters raised in correspondence with the Policing Authority, the Commission is reviewing all matters at this stage.
In the circumstances, I intend to keep the matter under review as the Policing Authority engages with the Commissioner. Should it emerge that any particular action is required on my part, I will, of course, consider that at the appropriate time.
213. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that the Personal Injuries Assessment Board, PIAB, is accepting applications from prison officers who have been injured as a result of a criminal assault at work due to a major backlog in the Criminal Injuries Compensation Tribunal; and his views on whether the PIAB is the appropriate venue to deal with compensation claims in cases of criminal assault. [20519/19]
Amharc ar fhreagra214. Deputy Clare Daly asked the Minister for Justice and Equality if his attention has been drawn to the fact that the State is accepting liability for assaults in view of a matter (details supplied). [20520/19]
Amharc ar fhreagra215. Deputy Clare Daly asked the Minister for Justice and Equality if the scheme of compensation for personal injuries criminally inflicted, the general scheme and the scheme of compensation for personal injuries criminally inflicted on prison officers under the Criminal Injuries Compensation Tribunal are being run together rather than separately, resulting in delays to the prison officers' scheme because of delays in the general scheme; and the steps he will take to address this. [20521/19]
Amharc ar fhreagraI propose to take Questions Nos. 213 to 215, inclusive, together.
The Scheme of Compensation for Personal Injuries Criminally Inflicted and the General Scheme of Compensation for Personal Injuries Inflicted on Prisons Officers operate in tandem. Applications, under both Schemes, are processed in chronological order by date received, and progressed as necessary documentation becomes available in respect of the case in question.
Separate financial allocations are in place for both Schemes to support both operating alongside each other. Compensation awarded by the Tribunal to Prison Officers is paid from the Prisons Vote (Vote 21).
I am advised that, in a minority of cases, a Prison Officer will apply to both the Tribunal and PIAB. Where the Criminal Injuries Compensation Tribunal is aware that an applicant is contemplating or has commenced civil proceedings in relation to an incident which is the basis for their application to the Tribunal it is, and has been since its establishment, Tribunal policy to await the outcome of such proceedings before recommencing the processing of the application concerned.
