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Thursday, 21 Oct 2021

Written Answers Nos. 274-283

An Garda Síochána

Ceisteanna (274)

Bernard Durkan

Ceist:

274. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which she anticipates an increase in the strength of An Garda Síochána to directly benefit all regions throughout Ireland without exception; and if she will make a statement on the matter. [51937/21]

Amharc ar fhreagra

Freagraí scríofa

I am pleased that Budget 2022 reflects the commitment of the Government to ensuring our communities are safe and that An Garda Síochána has the resources to be an effective and trusted policing service.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of €1.952 billion for 2021. Budget 2022 provides over €2 billion in funding. Since 2016 the budget for An Garda Síochána has increased by €500m, or 33%. This has enabled 1,400 extra Gardaí to be deployed, as well as continued investment in modern equipment. In addition, we have freed up 800 Gardaí for front line policing work through the recruitment of Garda staff. 

As the Deputy may be aware, Covid-19 restrictions on the Garda Training College in Templemore constrained recruitment and training for periods over the last 18 months. However, I am glad to confirm that 450 Gardaí will be recruited this year and the funding provided for next year fully supports the sustained recruitment of Garda members and staff.

In particular, the funding announced last week includes provision for the recruitment of 800 new Garda recruits and 400 Garda staff in 2022 - an additional 1,200 personnel. This increase in the number of Garda members and staff will deliver significant growth in operational policing hours nationwide and improved services to the public generally. Redeployment of Gardaí from administrative and support roles will also continue next year, thus allowing highly trained Gardaí to focus on frontline policing duties. The organisation's capacity will be further strengthened by the recruitment of additional Garda staff, including to specialist roles to support the investigation of crime and enhance the management of the organisation.

Each Garda Division will of course have its own particular requirements in terms of crime trends and other community policing needs. The response to these needs and the deployment or resources is a strictly operational matter for the Garda authorities, in consultation with local Garda management and in view of the resources available. As the Deputy will appreciate, I have no direct role in such matters.

I am assured by the Garda authorities however that the distribution of resources among the various Garda Divisions across the State is kept under constant review, in light of emerging crime trends and operational needs.

Gangland Crime

Ceisteanna (275)

Bernard Durkan

Ceist:

275. Deputy Bernard J. Durkan asked the Minister for Justice the extent of the membership of criminal gangs currently incarcerated; and if she will make a statement on the matter. [51938/21]

Amharc ar fhreagra

Freagraí scríofa

I am advised by my officials in the Irish Prison Service that there are currently 112 prisoners in custody associated with known organised criminal gangs currently serving a sentence or awaiting trial.

These figures excludes the subversive prisoners in Portlaoise Prison.

Membership or allegiance of these criminal groups fluctuates on a continuous basis with some persons breaking links and others becoming affiliated on a daily basis.

It is also the case that prisoners will not always declare their affiliation to certain groupings and it is therefore not possible to provide definitive numbers in relation to the number of members of criminal groupings currently in custody.

It should also be noted that more than one criminal gang may group together under the umbrella of a particular group and in some instances some gangs may form splinter groups due to family or in house disputes.

An Garda Síochána

Ceisteanna (276)

Bernard Durkan

Ceist:

276. Deputy Bernard J. Durkan asked the Minister for Justice the number of women that are currently members of an Garda Síochána, the extent to which this number has fluctuated in the course of the past ten years; and if she will make a statement on the matter. [51939/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 for the management and administration of An Garda Síochána, including the recruitment and training of Garda members and staff. As Minister, I play no direct role in these independent functions.

However, I am informed by Garda Authorities that as of 30 September 2021, 3,974 sworn members of An Garda Síochána are female. This means that 27.7% of sworn Garda members are female and 72.3% male. This compares with 24.4% female and 75.6% male in 2010.

The below table contains the breakdown of the number of female members of An Garda Síochána from 2011 to September 30, 2021.

Table

A concerted effort is being made to encourage women and minority communities to consider a career in An Garda Síochána so that its membership reflects the community that it serves, in line with the recommendations of the Commission on the Future of Policing in Ireland. Recent recruitment campaigns have made a significant effort through online videos and other media to attract female candidates as well as candidates from minority communities and diverse social groups.

I am advised by An Garda Síochána that Information Days have been held in advance of closing dates of internal competitions where women are underrepresented. I understand that having women available to answer questions who are already carrying out the particular role advertised is a key feature of the Information Days.

The Programme for Government, Our Shared Future, contains a commitment to increase the diversity within An Garda Síochána prioritising the identification and removal of barriers to recruiting and retaining people from diverse and minority background. This work is being taken forward as part of An Garda Síochána's Equality, Diversity and Inclusion (EDI) Strategy (2020-2021). Work is ongoing to develop a successor Equality, Diversity and Inclusion Strategy, a key element of which will focus on addressing under representation of women at all levels of the organisation.

My Department's Justice Plan 2021 commits to supporting the EDI Strategy to ensure the organisation can attract, retain and develop a diverse and inclusive workforce, including preparation of a diversity recruitment roadmap.

While the current number of women members in An Garda Síochána is broadly in line with the percentage of women in police services across England and Wales, there is clearly scope for further improvement. I expect that the above steps being taken by An Garda Síochána will ensure that the membership of the organisation can evolve to more closely to reflect the society that it serves.

An Garda Síochána

Ceisteanna (277)

Bernard Durkan

Ceist:

277. Deputy Bernard J. Durkan asked the Minister for Justice the current and anticipated strength of an Garda Síochána; and if she will make a statement on the matter. [51940/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management of An Garda Síochána, including personnel matters and deployment of resources.  As Minister, I have no responsibility for these matters.  I am assured however that Garda management keeps the distribution of resources under continual review in the context of emerging crime trends and policing priorities.

I am pleased that Budget 2022 reflects the commitment of the Government to ensuring our communities are safe and that An Garda Síochána has the resources to be an effective and trusted policing service.

The budget provided by Government to the Garda Commissioner continues to increase to unprecedented levels, with an allocation of €1.952 billion for 2021.  Budget 2022 provides over €2 billion in funding. 

Garda numbers have increased substantially in recent years, from 12,943 Garda members and 1,999 Garda staff in 2016 to almost 14,400 Garda members and 3,382 staff at the end of September this year. As the Deputy may be aware, Covid-19 restrictions on the Garda Training College in Templemore constrained recruitment and training for periods over the last 18 months.  However, I am glad to confirm that 450 Gardaí will be recruited this year and the funding provided for next year fully supports the sustained recruitment of Garda members and staff.

In particular, the funding announced last week includes provision for the recruitment of 800 new Garda recruits and 400 Garda staff in 2022 - an additional 1,200 personnel. This increase in the number of Garda members and staff will deliver significant growth in operational policing hours nationwide and improved services to the public generally.  Redeployment of Gardaí from administrative and support roles will also continue next year, thus allowing highly trained Gardaí to focus on frontline policing duties.  The organisation's capacity will be further strengthened by the recruitment of additional Garda staff, including to specialist roles to support the investigation of crime and enhance the management of the organisation.

The 800 extra Gardaí in Budget 2022 means that, by the end of 2022, there will be approximately 14,600 fully attested members of An Garda Síochána and 600 in training. This will put the organisation on target to reach the Government's aim of 15,000 Garda members.

An Garda Síochána have advised that a recruitment plan for 2022 is currently being developed to manage the recruitment processes for Garda Members and Garda Staff roles.  I understand there are a number of successful candidates who will be called from the last competition but a new Garda Trainee competition is also being planned which will be launched before the end of this year or early next year.

Question No. 278 answered with Question No. 273.

An Garda Síochána

Ceisteanna (279)

Bernard Durkan

Ceist:

279. Deputy Bernard J. Durkan asked the Minister for Justice the number and rank of promotions awaiting to be filled in an Garda Síochána; and if she will make a statement on the matter. [51942/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will appreciate, the Garda Commissioner is responsible, under the Garda Síochána Act 2005 (as amended), for the management and administration of Garda business.

Promotion and appointment to certain ranks within An Garda Síochána is under the Commissioner's remit under the Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) Regulations 2021.

Promotion and appointment to the ranks of Superintendent, Chief Superintendent and Assistant Commissioner are governed by the Garda Síochána Act 2005 (as amended) and fall under the remit of the Policing Authority. As Minister I have no role in these independent functions.

Appointment to the ranks of Deputy Commissioner and Commissioner are also governed by the Act and require the approval of Government.

I am advised by the Garda authorities that, as of 30 September 2021 (the latest date for when information is available), the number of vacancies in An Garda Síochána at the ranks in question is indicated in the table below:

RANK

 CURRENT STRENGTH

 APPROVED STRENGTH

VACANCIES

COMM.

1

0

D/COMM.

2

2

0

A/COMM.

0

C/SUPT.

47

47

SUPT.

167

168 

1

INSP.

416 

482

66

SGT.

1915

2210 

295

TOTALS

2556

2918

362

The Deputy may wish to note that a competition for promotions and appointments to the rank of Sergeant is currently being carried out under the remit of the Public Appointments Service, following the introduction of new Regulations to modernise the promotion process for the ranks of Sergeant and Inspector.  A competition for the rank of Inspector is expected to commence in early 2022.

An Garda Síochána

Ceisteanna (280)

Bernard Durkan

Ceist:

280. Deputy Bernard J. Durkan asked the Minister for Justice the number and location of Garda stations throughout the country due for upgrading, refurbishment or replacement; and if she will make a statement on the matter. [51943/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy will be aware, the Garda Commissioner is responsible under the Garda Síochána Act 2005 (as amended) for the management and administration of Garda business, which includes decisions relating to the Garda estate. The Commissioner is also the designated Accounting Officer for An Garda Síochána under the provisions of the Act and is independent in these functions.

I am advised that the programme of replacement, refurbishment and management of Garda accommodation is progressed by An Garda Síochána working in close cooperation with the Office of Public Works (OPW).

The determination of the need for an upgraded, refurbished or new Garda Station is considered by the Commissioner in the context of a wide of a range of factors, including the overall accommodation needs arising from the ongoing expansion of the Garda workforce, the implementation of 'A Policing Service For our Future' (the Government's implementation plan for the recommendations of the report of the Commission on the Future of Policing in Ireland), the new Garda Operating Model and available resources.

The Garda authorities are currently considering their plans for capital and other estate projects in this context of the renewed National Development Plan, having regard to priorities and emerging needs.  Pending the conclusion of this analysis, the Deputy will appreciate that it is not possible to specify the number and locations throughout the country to be upgraded, refurbished or replaced in the immediate term.

Crime Prevention

Ceisteanna (281)

Bernard Durkan

Ceist:

281. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which changes in the bail laws has resulted in a reduction in the number of persons on criminal charges being released on bail when compared with the pre-legislative period; and if she will make a statement on the matter. [51944/21]

Amharc ar fhreagra

Freagraí scríofa

As the Deputy is aware, the decision to grant bail in a particular case is a matter for the presiding Judge, who is independent in the exercise of his or her judicial functions. There is also a constitutional presumption in favour of the granting of bail as, under Irish Law, a person is presumed innocent until proven guilty.  The presumption that a person is innocent until proven guilty has traditionally been considered by the courts to prohibit pre-trial detention except where it appeared that the accused person, if released on bail, was likely to evade justice by absconding or interfering with witnesses or evidence.

In the light of concerns at the increase in the incidence of offences committed while on bail, a referendum took place in 1996 on a proposed amendment to the Constitution to allow the courts to refuse bail where there are grounds for believing that the accused will commit serious offences while on bail. The referendum was passed and section 2 of the Bail Act 1997 gave effect to this constitutional amendment which permits the courts to refuse bail to a person charged with a serious offence where refusal of bail is reasonably considered necessary to prevent the commission of a serious offence by that person.

The Criminal Justice (Burglary of Dwellings) Act 2015 and the Criminal Justice Act 2017 amended the Bail Act 1997 to make further provision in respect of the criteria to be considered in refusing bail. The 2017 Act strengthened the operation of the bail system with the aim of making the law as effective as possible in protecting the public against crimes committed by persons on bail.

Under the Act, the Court is required to have regard to persistent serious offending by an applicant for bail and the nature and seriousness of any danger presented by the granting of bail to a person charged with an offence that carries a penalty of 10 years’ imprisonment or more.  It is also open to judges to refuse bail for a serious offence where that is reasonably considered necessary to prevent the commission of a serious offence.

Where an accused person is granted bail, the 2017 Act provides for stricter bail terms for repeat serious offenders, including the use of curfews and strengthens Garda powers to deal with breaches of bail.  If an individual fails to comply with any of the bail conditions, the judge will issue a bench warrant. This gives An Garda Síochána power to arrest and bring the person before the court to answer all charges relating to the bail.  In the event of a breach of High Court bail, an application is made to the High Court for a warrant and once arrested the defendant must be brought before the High Court as soon as practicable for a revocation hearing. A breach of bail may also result in an additional charge. The judge may also make an order and/or surety for ‘forfeiture and estreatment’ of the bail money.

I can inform the Deputy that I am advised by Garda authorities that the amended bail laws have proven to be effective and have assisted An Garda Síochána in tackling the threat of organised crime.

An Garda Síochána

Ceisteanna (282)

Bernard Durkan

Ceist:

282. Deputy Bernard J. Durkan asked the Minister for Justice the extent to which gardaí injured in the course of their duty have their cases followed up to their satisfaction; and if she will make a statement on the matter. [51945/21]

Amharc ar fhreagra

Freagraí scríofa

I have sought the information requested by the Deputy from the Garda authorities. I will make contact directly with the Deputy when this has been received.

The following deferred reply was received under Standing Order 51
I refer to Parliamentary Question Numbers 282 and 283 which were for answer on 21 October 2021, where you sought the extent to which Gardaí injured in the course of their duty have had their cases followed up to their satisfaction, the total number of Gardaí recorded as having been injured in the course of their duties, and the extent to which procedures pertaining to Gardaí injured in the course of their duties have been or are being modified. You will recall that the information could not be obtained in the time available and Minister Humphreys undertook to consult with An Garda Síochána and contact you again when the requested information was available.
As you will be aware, under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including personnel matters. As Minister, I have no direct role in these matters.
I am informed by the Garda authorities that there is no information available measuring Garda member satisfaction regarding the follow up of “Injury on Duty” cases. However, I have been informed by the Garda Authorities that all Garda sick leave procedures are followed in the case of Garda members injured while on duty, in accordance with Garda Code 11.37, HQ Directive 139.10 and the Public Service Management (Sick Leave) Regulations 2014.
I am advised by the Garda authorities that in November 2021, the latest date which information is available, 197 Garda members were on sick leave as a result of having been injured in the course of duty.
I am informed that if a Garda member is maliciously injured in the course of duty, without wilful default or negligence on their part (and this is confirmed by the Chief Superintendent by way of the issuing of a Certificate in accordance with Garda Code 11.37), full pay may issue while there is a reasonable probability the member will be able to resume duty, as provided for in the Garda Síochána (Finance) Code (F) 3.41.
I am further informed that where a Garda member attributes a subsequent absence to a previous injury sustained on duty, the advices of the Garda Chief Medical Officer are sought to assist with the classification of the absence. I am advised that in such cases the absence remains treated as “Ordinary Illness” in the first instance and that where an absence is reclassified as “Injury on Duty”, the member will be restored to full pay for the period of absence.
I trust that the above information addresses your questions.

An Garda Síochána

Ceisteanna (283)

Bernard Durkan

Ceist:

283. Deputy Bernard J. Durkan asked the Minister for Justice the total number of gardaí now recorded as having been injured in the course of their duties; the extent to which procedures affecting their cases including insurance have or are being modified; and if she will make a statement on the matter. [51946/21]

Amharc ar fhreagra

Freagraí scríofa

I have sought the information requested by the Deputy from the Garda authorities. I will make contact directly with the Deputy when this has been received.

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