Written Answers Nos. 661-681
661. Deputy Bernard J. Durkan asked the Minister for Justice the number of incidences brought to her attention deemed to have been in breach of legislation affecting the balance between freedom of speech and the control of expressions of hate or incitement; and if she will make a statement on the matter. [26120/21]
Amharc ar fhreagraAs the Deputy may be aware, incitement to hatred is a criminal offence under the Prohibition of Incitement to Hatred Act 1989.
I am advised by the Courts Service that the number of offences and number of people where convictions were recorded in the District Court for offences under the Act in the period from 1 January 2000 to 31 March 2021 is contained in the table below.
It should be noted that Courts can only provide data in relation to where offence codes provided on the system were used by prosecutors. Prosecutors may have used uncoded free text offences and any such offences would not be included in the data provided.
In respect of the Circuit Court, I am advised by the Courts Service that the IT system in use is unable to produce a report showing the information requested by the Deputy.
|
Year |
No of Offences where convictions were recorded |
No of people convicted |
|
Jan – Dec 2007 |
1 |
1 |
|
Jan – Dec 2012 |
2 |
2 |
|
Jan – Dec 2013 |
1 |
1 |
|
Jan – Dec 2018 |
1 |
1 |
|
Jan – Dec 2019 |
1 |
1 |
|
Jan – Dec 2020 |
1 |
1 |
|
Total |
7 |
7 |
The Deputy may be aware that the Justice Plan 2021 commits to introducing new legislation to deal with hate crime and incitement to hatred by the end of this year. Government approval was recently secured to publish the General Scheme of the Criminal Justice (Hate Crime) Bill 2021.
This is an important step in delivering on the Programme for Government commitment to introduce legislation to address those who target victims because of their association with a particular identity characteristic, and to revise and update the Incitement to Hatred Act. Although incitement to hatred is already an offence, experience has shown that it is difficult to prosecute and there have been very few convictions since the introduction of the 1989 Act.
As part of the work to prepare this proposed legislation, a comprehensive public consultation was carried out which included a public survey and an opportunity for stakeholders to make formal submissions. In addition, my Department also carried out comparative research on international best practice on hate crime legislation.
The purpose of this work was to ensure that the legislative proposals presented are evidence-based, proportionate and effective, while respecting important rights to freedom of expression and association.
I can assure the Deputy that all legislative proposals are developed and put forward bearing in mind the provisions of the Constitution and our human rights obligations.
The right to freedom of expression is a fundamental human right, provided for in the Irish Constitution and in both the European Convention on Human Rights and in the European Charter of Fundamental Rights. However, like other rights in our Constitution, it is not an absolute right, and can be limited or restricted by law. This can only happen where there are compelling reasons, including protecting other fundamental human rights. Any such limitation or restriction must be necessary, proportionate and explicitly provided for in law.
I am confident that the approach taken to the reform of our legislation in this area will ensure that the legislation introduced plays a significant part in delivering a safer, fairer and more inclusive Ireland for everyone, now as well as into the future. This is the mission of my Department and as Minister I am fully committed to combatting incitement to hatred and hate crime as a key part of this.
662. Deputy Patricia Ryan asked the Minister for Justice the number of Garda community officers for each district in counties Kildare, Laois and Offaly; and if she will make a statement on the matter. [26295/21]
Amharc ar fhreagraAs the Deputy will appreciate, in accordance with the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána. Further, the allocation of Garda resources is made in light of identified operational demands. This includes deployment of personnel among the various Garda divisions. As Minister, I have no direct role in the matter. I am assured, however, that Garda management keeps this distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimum use.
To date, the official categorisation of a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society including giving talks to schools, community groups and others. However, it is important to note that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in carrying out their duties. Indeed, this has never been more evident than in the work carried out by all members of the Gardaí as we have tackled the COVID-19 pandemic.
I am advised by the Garda authorities that the below table sets out the number of Community Gardaí attached to Kildare Division and Laois/Offaly Division at 31 March 2021.
|
Kildare Division |
Total |
|
Kildare District |
2 |
|
Naas District |
3 |
|
Leixlip District |
4 |
|
Total |
9 |
|
Laois/Offaly Division |
Total |
|
Birr District |
2 |
|
Portlaoise District |
8 |
|
Tullamore District |
3 |
|
Total |
13 |
Detailed information in relation to Community Garda numbers is available on my Department’s website. This information is updated every month with the latest data provided by An Garda Síochána at the following link:
http://www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures
663. Deputy Catherine Murphy asked the Minister for Justice the engagements that she and her officials have had with an association (details supplied) and the Garda Commissioner in respect of ICT systems that can track expense claims within the association more accurately and efficiently. [26312/21]
Amharc ar fhreagra664. Deputy Catherine Murphy asked the Minister for Justice her plans to meet with members of an association (details supplied) regarding the contents of correspondence dated 15 December 2020; and if she will make a statement on the matter. [26313/21]
Amharc ar fhreagra666. Deputy Catherine Murphy asked the Minister for Justice the number of complaints made to her by members of an association (details supplied) in 2020 and to date in 2021, in respect of alleged breaches of the association’s legal framework. [26315/21]
Amharc ar fhreagra668. Deputy Catherine Murphy asked the Minister for Justice if her attention has been drawn to issues with internal financial controls and corporate governance within an association (details supplied) in 2020 and to date in 2021. [26317/21]
Amharc ar fhreagraI propose to take Questions Nos. 663, 664, 666 and 668 together.
The correspondence of 15 December 2020 referred to by the Deputy was referred to the Garda Commissioner as it concerned matters relating to the internal governance of the association in question. I understand that the Garda Commissioner had arranged to meet the association in this regard.
Insofar as the matters relating to ICT systems are concerned, I understand that these relate to recommendations arising from a strategic and operational review commissioned by the association and that the Garda Commissioner is in correspondence with the association in relation to its implementation.
665. Deputy Catherine Murphy asked the Minister for Justice the amount of funding and or grant aid given to an association (details supplied) including the heading of the fund origin on an annual basis for the past ten years to date in tabular form. [26314/21]
Amharc ar fhreagra671. Deputy Catherine Murphy asked the Minister for Justice the amount of funding that her Department historically granted an association (details supplied) to engage a company. [26320/21]
Amharc ar fhreagraI propose to take Questions Nos. 665 and 671 together.
I can inform the Deputy that my Department does not provide funding or grant aid to the association in question. However, there is provision for funding which is administered by the Garda Commissioner and borne by the Garda Síochána Vote. No funding has been provided to engage the company referred to.
The Garda Associations were established by statute under the Garda Síochána Act, 1924, and are responsible for discharging their representative functions under statute. The funding provided represents a subvention in respect of post, telecommunications and accommodation costs originally provided directly by the State.
In addition to this direct subvention, there is also provision for the full time secondment of the General Secretary and Deputy General Secretary of the association, where these are Garda members, to work with the Association. In these circumstances, their salaries continue to be paid directly from the Garda Vote. Similarly, certain travel and subsistence expenses of association members in connection with associate business are paid directly from the Garda Vote.
The amounts paid over the years from 2011 to 2020, are as follows:
|
Year |
Accommodation/ Postage/ Telephone Subventions |
Travel & Subsistence |
Secondments |
TOTAL |
|
2020 |
€126,070 |
€53,190 |
€68,226 |
€247,486 |
|
2019 |
€125,838 |
€71,132 |
€99,619 |
€296,589 |
|
2018 |
€125,132 |
€90,792 |
€116,471 |
€332,395 |
|
2017 |
€125,376 |
€80,743 |
€82,120 |
€288,239 |
|
2016 |
€125,158 |
€91,130 |
€51,078 |
€267,366 |
|
2015 |
€125,074 |
€76,393 |
€105,493 |
€306,960 |
|
2014 |
€125,049 |
€121,225 |
€103,480 |
€349,754 |
|
2013 |
€124,292 |
€70,511 |
€103,481 |
€298,284 |
|
2012 |
€123,830 |
€77,216 |
€103,483 |
€304,529 |
|
2011 |
€124,443 |
€77,129 |
€103,527 |
€305,099 |
667. Deputy Catherine Murphy asked the Minister for Justice if she will publish and or provide details of, or copies of, all emails and hard correspondence received from an association (details supplied) seeking a statutory instrument to enable its annual conference to proceed. [26316/21]
Amharc ar fhreagraI can inform the Deputy that the Statutory Regulations that govern the operation of the Garda Representative Association (GRA) provide that the Annual Delegate Conference (ADC) must take place not later than May in any year.
The ADC of the GRA could not be held in the usual in-person format before the end of May 2020 due to the public health guidelines which were introduced in response to the COVID-19 pandemic. The GRA communicated with my Department during the course of 2020 in relation to the possibility of holding an ADC during the year, and the requirement for supporting Regulatory changes.
On foot of this, and in accordance with section 122 of the Garda Síochána Act 2005, the Garda Síochána (Associations) (Amendment) Regulations 2020 (S.I. 605/2020) were made by Minister McEntee on 8 December 2020. The Regulations provided, inter alia, for the ADC to be held in December 2020.
Correspondence between the GRA and my Department in this matter can be made available to the Deputy.
669. Deputy Catherine Murphy asked the Minister for Justice her work to date in respect of reform of Garda staff associations that is being implemented in A Policing Service for the Future; and the name of each association, the goals that are to be achieved and the progress made to date on same in tabular form. [26318/21]
Amharc ar fhreagra670. Deputy Catherine Murphy asked the Minister for Justice if she had engagements with Garda management regarding the impact of the new Garda operational policing model and the impact that would have on the way in which the executive of an association (details supplied) would be structured. [26319/21]
Amharc ar fhreagraI propose to take Questions Nos. 669 and 670 together.
The Deputy will be aware that the introduction of a new operating police model was a key recommendation in the report of the Commission on the Future of Policing in Ireland, published in September 2018, and its implementation plan, A Policing Service for our Future (APSFF).
Under the Divisional Policing Model, all services will be managed and co-ordinated at divisional level, to allow greater specialisation and to release Gardaí from back office functions, and Garda Districts will no longer form part of the organisational structure.
The General Scheme of the Criminal Justice (Garda Síochána Operating Model) Bill has been approved by Government to facilitate the full roll out of the new Garda Operating Model. The General Scheme was finalised following extensive engagement with An Garda Síochána, which worked closely with my Department to identify the legislative changes required in respect of the new Operating Model.
Among these changes is the removal of references to districts from the statute book to ensure there are no legislative impediments to the roll-out of the new operating model. The Statutory Regulations which govern the operation of all Garda representative associations are among the pieces of secondary legislation which will require review to remove references to districts and other subsequent amendments. Consultation will take place with stakeholders, including the Garda associations, in advance of any changes to Regulations being made.
I can further inform the Deputy that there are no actions in APSFF which lead directly to reforming the Garda associations. However, there have been a number of changes in recent years to the industrial relations environment in which these associations operate, notably the enactment of the Industrial Relations (Amendment) Act 2019, which gave Gardaí access to the Workplace Relations Commission for collective Industrial Relations matters. These matters are the subject of ongoing consideration by my Department, in conjunction with the Garda authorities.
672. Deputy Paul Murphy asked the Minister for Justice if she will provide the breakdown by Garda district of fines and arrests in relation to the Covid-19 legislation. [26330/21]
Amharc ar fhreagraAs the Deputy will be aware, An Garda Síochána is responsible for policing the public health regulations made under the Health Act 1947.
I am informed by the Garda authorities that Covid-19 related Fixed Payment Notices (FPNs) are currently in operation for a number of distinct offences. These are recorded on the Fixed Charge Processing System (FCPS), which contains only the information essential to process and post the fine. Comprehensive details of the FPNs issued, including by type of offence and division, are published on the Garda website.
The tables below show the number of FPNs issued per Garda Region and District:
|
REGION |
DISTRICT |
FPN |
|
Dublin Region |
(All Districts) |
6,066 |
|
|
Balbriggan |
153 |
|
|
Ballymun |
1,859 |
|
|
Blackrock Co Dublin |
211 |
|
|
Blanchardstown |
1,051 |
|
|
Bridewell Co Dublin |
84 |
|
|
Clondalkin |
179 |
|
|
Coolock |
171 |
|
|
Crumlin |
57 |
|
|
Donnybrook |
228 |
|
|
Dun Laoghaire |
75 |
|
|
Fitzgibbon Street |
224 |
|
|
Kevin Street |
414 |
|
|
Lucan |
201 |
|
|
Pearse Street |
229 |
|
|
Raheny |
131 |
|
|
Store Street |
517 |
|
|
Tallaght |
194 |
|
|
Terenure |
88 |
|
REGION |
DISTRICT |
FPN |
|
Eastern Region |
(All Districts) |
4,181 |
|
|
Ashbourne |
214 |
|
|
Athlone |
156 |
|
|
Baltinglass |
64 |
|
|
Birr |
93 |
|
|
Bray |
356 |
|
|
Carlow |
131 |
|
|
Dungarvan |
100 |
|
|
Enniscorthy |
202 |
|
|
Kells Ceanannus Mor |
102 |
|
|
Kildare |
131 |
|
|
Kilkenny |
195 |
|
|
Leixlip |
107 |
|
|
Mullingar |
105 |
|
|
Naas |
185 |
|
|
Navan |
61 |
|
|
New Ross |
94 |
|
|
Portlaoise |
324 |
|
|
Thomastown |
149 |
|
|
Tramore |
300 |
|
|
Trim |
96 |
|
|
Tullamore |
232 |
|
|
Waterford |
432 |
|
|
Wexford |
125 |
|
|
Wicklow |
227 |
|
REGION |
DISTRICT |
FPN |
|
North Western Region |
(All Districts) |
5,012 |
|
|
Ardee |
123 |
|
|
Bailieboro |
111 |
|
|
Ballina |
93 |
|
|
Ballinasloe |
75 |
|
|
Ballymote |
99 |
|
|
Ballyshannon |
251 |
|
|
Béal an Mhuirthead |
34 |
|
|
Buncrana |
283 |
|
|
Carrickmacross |
70 |
|
|
Castlebar |
104 |
|
|
Castlerea |
106 |
|
|
Cavan |
184 |
|
|
Claremorris |
127 |
|
|
Clifden |
82 |
|
|
Drogheda |
245 |
|
|
Dundalk |
305 |
|
|
Gaillimh |
661 |
|
|
Granard |
85 |
|
|
Leitrim |
220 |
|
|
Letterkenny |
231 |
|
|
Longford |
253 |
|
|
Loughrea |
193 |
|
|
Milford Co Donegal |
121 |
|
|
Monaghan |
319 |
|
|
Roscommon |
83 |
|
|
Salthill Bothar Na Tra |
129 |
|
|
Sligo |
176 |
|
|
Tuam |
144 |
|
|
Westport |
105 |
|
REGION |
DISTRICT |
FPN |
|
Southern Region |
(All Districts) |
6,157 |
|
|
Anglesea Street |
940 |
|
|
Bandon |
292 |
|
|
Bantry |
73 |
|
|
Bruff |
48 |
|
|
Cahir |
94 |
|
|
Clonakilty |
88 |
|
|
Clonmel |
82 |
|
|
Ennis |
324 |
|
|
Fermoy |
243 |
|
|
Gurranabraher |
206 |
|
|
Henry Street |
909 |
|
|
Killarney |
125 |
|
|
Kilrush |
116 |
|
|
Listowel |
111 |
|
|
Macroom |
101 |
|
|
Mallow |
275 |
|
|
Mayfield |
323 |
|
|
Midleton |
251 |
|
|
Nenagh |
148 |
|
|
Newcastle West |
187 |
|
|
Roxboro Road |
134 |
|
|
Thurles |
139 |
|
|
Tipperary Town |
90 |
|
|
Togher |
646 |
|
|
Tralee |
212 |
Confirmed Covid-19 incident figures (powers used/breaches of regulations) are crime incidents in which files are prepared for the Office of the DPP in order to charge/summons. Due to the substantial checking and reviews undertaken on these incidents prior to publication, there is a slight reporting time lag. Updates are published on the Garda website when available.
The most recent figures available cover incidents which occurred up to the 8th May, 2021. The table below provides details of number of confirmed Covid-19 incidents, where at least one arrest was made and where the reason for the arrest was recorded as Covid-19. Since the 8th April, 2020, there have been a total of 72 confirmed Covid-19 incidents in which at least one arrest was made and where the reason for arrest related to Covid-19. A breakdown of the Garda Region in which the incidents and arrests occurred is provided in the table below:
|
Garda Region |
No. of Covid-19 Incidents in which there was at least one arrest relating to Covid-19 (08/04/2020 to 08/05/2021) |
|
Dublin Metropolitan Region |
27 |
|
Eastern Region |
13 |
|
North Western Region |
16 |
|
Southern Region |
16 |
|
Total |
72 |
676. Deputy Sean Sherlock asked the Minister for Justice if her attention has been drawn to a rise in occurrences of antisocial behaviour in Portobello Harbour, Dublin (details supplied); and if she will make a statement on the matter. [26383/21]
Amharc ar fhreagraAs the Deputy will be aware, the policing of any individual incidents of anti-social behaviour is an operational matter for the Garda Commissioner. I am aware that Dublin City Council closed off Portobello plaza last weekend as a result of the antisocial behaviour seen in the area.
As the restrictions are eased and the economy and society returns to normal, changes in the pattern of crime will require an appropriate response, and this will be kept under constant review by the Commissioner and his management team. Many crimes, like anti-social behaviour, tend to fluctuate seasonally and I understand that An Garda Síochána adapt their focus accordingly throughout the year.
All of us must hold firm in our adherence to public health regulations and make conscientious decisions regarding behaviour that will not adversely impact our communities. I would encourage the public to make the most of the outdoors this summer in a responsible manner.
As the Deputy may be aware, in line with the commitment in the Programme for Government, I have established an Expert Forum on Anti-Social Behaviour. This forum will consider the effectiveness of existing legislation and propose new ways forward, including new powers for An Garda Síochána and additional interventions to support parenting of offenders. A sub-group of the forum has already considered measures which can be taken with regard to the misuse of scramblers and quad bikes in communities and similar sub groups can also be established for other issues where appropriate.
Anti-social behaviour will also be considered by the Local Community Safety Partnerships which are to be set up in every local authority under the Department’s new community safety policy. These new structures, which will build upon and replace Joint Policing Committees, are a key part of the new Policing, Security and Community Safety Bill, the general scheme of which was recently published by my Department. Three pilot partnerships are currently being established in Dublin’s north inner city, Longford and Waterford and will run for the next two years ahead of the nationwide rollout.
677. Deputy Paul Donnelly asked the Minister for Justice the legislation, rules or guidance in relation to the poor box; and the discretion given to judges in relation to the distribution of such funds. [26417/21]
Amharc ar fhreagra678. Deputy Paul Donnelly asked the Minister for Justice if there is a requirement by the courts to publish the list of recipients of donations to the poor box in the courts system. [26418/21]
Amharc ar fhreagraI propose to take Questions Nos. 677 and 678 together.
Under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in its functions. However, in order to be of assistance to the Deputy, I have had enquiries made with the Courts Service.
Unfortunately, it has not been possible to collate the information requested by the Deputy in the time available. I will write to the Deputy directly when the information is received from the Courts Service.
680. Deputy Johnny Guirke asked the Minister for Justice if her attention has been drawn to the fact that the current wait time for security clearances for Irish Prison Service recruits is between 12 and 18 months; if her Department will take steps to reduce this time; and if she will make a statement on the matter. [26428/21]
Amharc ar fhreagraAs the Deputy will understand, prior to making an appointment to the position of recruit prison officer, the Irish Prison Service is obliged to make such inquires as are deemed necessary to determine the suitability of candidates.
I wish to inform the Deputy that given the nature of the functions of the Irish Prison Service, checks secondary to and in addition to vetting are required to be carried out. While these checks can take some time to be completed for a variety of reasons depending on the individual case, every effort is made to ensure there is no undue delay. I am informed, however, that in general terms that the Security Clearance process can take up to 12 months.
I am advised that applicants awaiting security clearance can contact the Irish Prison Service at the email address ipsrecruitment@irishprisons.ie, in order to obtain the current status of their application.
681. Deputy Eoin Ó Broin asked the Minister for Justice the amount Dún Laoghaire-Rathdown County Council paid her Department for the purchase of the Shanganagh Castle site and its surrounding lands. [26468/21]
Amharc ar fhreagraI would like to advise the Deputy that Shanganagh Castle and surrounding lands of 28 acres were sold by the Department of Justice after the closure of the prison in 2002. The castle site and surrounding lands were sold for a total of €29.9 million.
The 2014 Prison Accommodation report shows that €9,001,690.04 was received from Dún Laoghaire-Rathdown County Council in 2005, following the sale in 2004.
A further amount of €20,655,940 was received in 2007 by the Department from a private developer.
