Written Answers Nos. 61-80
61. Deputy Paul Murphy asked the Minister for Justice when he anticipates that Ireland will be compliance with its obligations under the Istanbul Convention; and if he will make a statement on the matter. [7657/23]
Amharc ar fhreagra73. Deputy Holly Cairns asked the Minister for Justice the steps he is taking to fulfil the State’s obligations under the Istanbul Convention to address gender based violence [7412/23]
Amharc ar fhreagraI propose to take Questions Nos. 61 and 73 together.
Ireland formally ratified the Istanbul Convention on 8 March 2019 (International Women’s Day), having given full effect to all obligations required of it. This was achieved through the completion of an extensive action plan incorporated into the Second National Strategy on Domestic, Sexual and Gender-based Violence.
This work included the enactment of a number of significant pieces of legislation required to give effect to the Convention in Irish law, including -
- The Criminal Justice (Victims of Crime) Act 2017 which gave all victims of crime, including victims of domestic and sexual violence, an entitlement to information about the criminal justice system and their case, and which supports special measures during investigation and court proceedings if necessary,
- The Criminal Justice (Sexual Offences) Act 2017 which enhanced the protections for some of the most vulnerable people in the community. Importantly, this Act introduced a statutory definition of ‘consent’ to a sexual act, which provides legal clarity,
- The Domestic Violence Act 2018. The enactment of this ground breaking legislation was a major step towards Ireland’s ratification of the Istanbul Convention. The Act improves the legal protections available to victims of domestic violence and it delivered a number of the Istanbul Convention actions such as the introduction of a new criminal offence of forced marriage and extending access to emergency barring orders, and
- This Criminal Law (Extraterritorial Jurisdiction) Act 2019.
Other necessary actions for the ratification of the Istanbul Convention incorporated into the Second National Strategy were:
- The development and delivery of education and training modules to specific target groups in the public sector including An Garda Síochána, the Courts Service, Tusla (Child and Family Agency) and the Health Service Executive (HSE);
- The development and implementation of a Risk Assessment Matrix by An Garda Síochána for all victims of domestic violence and sexual crime;
- The implementation by Tusla of two integrated national 24 hour helplines to respond to the issues of domestic violence and sexual violence; and
- The provision of support for child witnesses of domestic and sexual violence
The Third National Strategy, which is our most ambitious, is structured around the four pillars of the Istanbul Convention – Protection, Prevention, Prosecution and Policy Co-ordination and builds on what has been achieved under the Second National Strategy.
The accompanying implementation plan contains 144 detailed actions which are assigned to my Department and other agencies and Departments across Government. Subsequent implementation plans will be published annually during the lifetime of the Strategy. I am pleased to report that progress is being made and I will publish regular updates on each of the 144 actions.
Under the Third National Strategy we will double the number of refuge spaces, bringing it to 280. This will be the fastest ever expansion of refuge spaces and will bring us some of the way to meeting the Istanbul guidance for the recommended number of refuge places.The Government has agreed to prioritise the delivery of 98 refuge spaces in Sligo, Cavan/Monaghan, Cork City, North Cork, West Cork, Dún Laoghaire-Rathdown, Westmeath, Portlaoise, Balbriggan, Longford, Carlow and Offaly. In the initial phase of this work, we expect to have delivered 24 places in Wexford, Dundalk and Navan in 2024.In addition, it may interest the Deputy to know that under the Third National Strategy, we have committed to establishing a statutory based DSGBV agency under the remit of my Department. This new Agency will ensure there is a permanent and dedicated focus on this important area of work.
Last week, my Department led a co-design workshop with civil society partners to look at how the Agency should operate in practice and in the coming weeks I will seek Government approval for the draft General Scheme of the Bill to establish it. Following approval, the Bill will be drafted as a priority with the intention that the Agency will be established in January next year.I am also strengthening legislation in this area, including by progressing legislative measures which will:
- double the maximum sentence for assault causing harm to 10 years;
- introduce standalone offences for stalking and non-fatal strangulation;
- enact the sex offenders bill to improve the monitoring of sex offenders; and
- introduce a new Sexual Offences Bill to update the law around consent.
I can assure the Deputies that the Government’s commitment to fully implementing our ambitious Third National Strategy will not waver.
62. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the measures that are being taken to restore Garda numbers to full strength given that there are 650 fewer gardaí than previously. [7715/23]
Amharc ar fhreagraI would like to assure the Deputy that I am committed to providing An Garda Síochána with the resources it needs to ensure local communities are safe and feel safe through a policy of visible policing.
Since 2015, the budget for An Garda Síochána has increased by approximately €672m, or 46%. This includes the unprecedented allocation of over €2 billion in Budget 2023. This has allowed for sustained and ongoing recruitment and as Minister, I am committed to delivering the necessary resources to bring the number of Gardaí in the country to 15,000 and beyond. As of the end of December 2022, there were 14,133 Garda sworn members nationwide. This represents an increase of over 10% since 2015 when there were 12,816 Garda members throughout the country.
In Budget 2023, my Department allocated an unprecedented sum of over €2 billion to An Garda Síochána, which included provision for the hiring of up to 1,000 new sworn Gardaí and 400 civilian staff this year.
The Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 can be achieved.
While the Garda Commissioner is responsible for recruitment matters, I am in ongoing communication with the Commissioner to monitor the resources needed to deliver on this recruitment target.
The strong levels of interest displayed in the most recent Garda recruitment campaign show that there remains a strong interest in a career with An Garda Síochána, even in the context of a highly competitive jobs market. I want to acknowledge also that Garda recruitment was significantly and understandably disrupted when the Garda college at Templemore was necessarily closed during the COVID pandemic.
In tandem with this recruitment drive, additional reassignments of Gardaí to operational frontline policing and the continued roll out of the new Operating Model with its focus on community engagement will further consolidate Garda resources, enabling Gardaí to continue to deliver on An Garda Síochána's mission of Keeping People Safe.
63. Deputy Fergus O'Dowd asked the Minister for Justice if he will report the work to support An Garda Síochána in preventing and combatting crime perpetrated against older people; and if he will make a statement on the matter. [7518/23]
Amharc ar fhreagraThe safety and welfare of every person, especially the most vulnerable in our communities, is of utmost importance.
The Government is committed to ensuring that people across Ireland are safe and feel safe, and to ensuring that there is strong, visible and effective policing, including community policing.
A key pillar of the Programme for Government is building stronger and safer communities. I recognise that safety is not just about the number of Gardaí. Community safety is a whole of Government responsibility and it requires a multi-agency approach.
Of course, the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda operations aimed at preventing and detecting crime. As Minister, I have no direct role in these matters.
I have been informed by the Garda authorities that a bespoke older persons plan is currently in development at the Garda National Community Engagement Bureau. The plan outlines how An Garda Síochána is committed to meeting the policing needs of older people in Ireland and I understand that the target date for the publication of this bespoke plan is Q2 2023.
To deliver on this commitment, the plan is linked with the Garda Community Policing Framework, the Garda Diversity Strategy, the Crime Prevention and Reduction Strategy and Ireland's Government Road Safety Strategy 2021–2030. An Garda Síochána will determine and respond to the needs and expectations of older people. This plan will be realised through the following four strategic objectives:
Reduce the fear of crime and crimes against older people.
Increase Garda engagement and accessibility with older people.
Support Community and Road Safety initiatives that assist older people
Utilise community partnerships and consultation of older people to respond to the ongoing needs and expectations of older people.
There are numerous crime prevention information campaigns published by An Garda Síochána that are also of assistance in providing older people with valuable information to assist in combatting and preventing crimes such as ‘Personal Safety – Security for the Older Persons’ and ‘Personal Safety - Bogus Traders/Callers’ as well as Community Policing based initiatives such as the Community Text Alert scheme which was designed in consultation with Community Alert, Neighbourhood Watch and the Irish Farmers Association.
An Garda Síochána has also proactively sought to raise awareness of crimes specific to older people, with campaigns headed by the Garda National Diversity and Integration Unit such as the ‘Don’t Turn Your Back Campaign’ highlighting the issue of elder abuse.
An Garda Síochána assigns a Crime Prevention Officer to each Division and officers are available to assist people with any crime prevention advice and assistance they might require. These officers are highly trained and will offer help and specific advice to vulnerable groups.
Community Policing Units in each Division also take on the responsibility to build and develop positive relationships within the community and for that reason are invaluable in reaching older people to offer advice and be a trusted support if required.
64. Deputy Denis Naughten asked the Minister for Justice the plans to enhance policing in rural communities; and if he will make a statement on the matter. [2034/23]
Amharc ar fhreagraAs the Deputy will be aware the Garda Commissioner is responsible for the administration and management of An Garda Síochána. This includes the allocation of resources, including Garda personnel to a given Division, District or Station.
I would like to assure the Deputy that the Government is committed to creating stronger and safer rural and urban communities and a strengthened Garda Síochána is at the heart of that. My Department is committed to ensuring that An Garda Síochána has the resources it needs, with an unprecedented allocation provided in Budget 2023 of over €2 billion. This includes provision for the recruitment of a further 1,000 Gardaí.
In addition to new recruits, the rollout of the new Garda Operating Model will support the redeployment of Gardaí from non-core duties to frontline policing across the country. The new model will see larger Divisions with more resources, increased Garda visibility in communities, a wider range of locally delivered policing services, and a strong focus on community policing.
I recognise that rural safety is not just about the number of Gardaí in rural communities. Community safety is a whole of Government responsibility and it requires a multi-agency approach. Under my Department's community safety policy, new Local Community Safety Partnerships will replace and build upon the existing Joint Policing Committees. These new partnerships will provide an enhanced forum for State agencies and local community representatives to work together to act on community concerns. Three pilot partnerships are currently underway in Longford, Waterford and Dublin's North Inner City.
Last year I was delighted to publish the Rural Safety Plan 2022-2024 at the Ploughing Championships in September. The plan gathers together the excellent work underway relating to rural safety and is a testament to the committed collaboration between the various stakeholder organisations. The Plan identifies 5 main priorities in relation to rural safety:
Community Safety
Burglary and Theft
Roads Policing
Animal Crime
Heritage Crime
As the Deputy will be aware, my Department funds a number of initiatives around the country to support rural safety, including the Community Safety Innovation Fund established in April 2021 by Minister McEntee and the Minister for Public Expenditure, to allow proceeds of crime to be directed into community projects to support community safety. The fund was allocated €2 million under Budget 2022 and an increased allocation of €3 million has been allocated under Budget 2023.
65. Deputy Aodhán Ó Ríordáin asked the Minister for Justice the measures being taken to address the issue of dangerous misuse of scrambler bikes and if there has been any data collated to indicate whether such measures are having an effect. [7728/23]
Amharc ar fhreagraAs the Deputy may be aware, the Expert Forum on Anti-Social Behaviour, which I chair, is a commitment in the Programme for Government. I established a subgroup of the Forum in 2021 to examine measures which can be taken with regard to the misuse of vehicles such as scramblers and quad bikes in communities. An Garda Síochána is represented on the Forum at senior level and has taken part in the discussions around approaches to tackling the issue of misuse of scramblers and quad bikes.
The Anti-Social Behaviour Forum delivered a community-based proposal to tackling the misuse of scramblers and other vehicles. This scheme is based on the model developed by the Moyross Youth Diversion Project (YDP) and, again, is a means of intervention and diversion of young people from this type of anti-social activity, rather than enforcement.
My Department opened applications to all YDPs for funding for these initiatives. Almost €200,000 in funding has been granted to eight projects, some of which are joint ventures between more than one YDP. I can inform the Deputy that a total of 10 YDPs applied for funding, including 9 in Dublin. Additional support was also provided for the Moyross Project. As this is a relatively recent funding stream, it is too early to be able to provide data on how effective it has been yet.
Youth Diversion Projects run by community-based organisations are a vital support to the statutory Garda Youth Diversion Programme. Additional funding has been secured to expand the YDP network of 106 Projects nationally, and I invited expressions of interest in principle for the establishment of four new YDPs last November. This will meet a key objective of the Youth Justice Strategy to ensure that the YDP service is available to every child or young person who requires it across the State.
The Garda Commissioner is responsible for the management and administration of Garda business, which includes all operational policing matters and it is important to note that road traffic enforcement remains a core policing function of An Garda Síochána. The Garda National Roads Policing Bureau ensures a consistent approach to road safety and enforcement of road traffic legislation across the country.
Road traffic legislation is also enforced as part of the day-to-day duties of all members of An Garda Síochána, in addition to the employment of specific enforcement operations.
I am advised that Gardaí seized 28 quad bikes and 93 scramblers in 2022. I am further informed by Gardaí that 56 quad bikes and 111 scramblers were seized in 2021. Vehicles seized or detained include, but are not exclusively, those seized or detained under Section 41 of the Road Traffic Act.
I would urge members of the public to report any incidents of dangerous driving directly to An Garda Síochána.
66. Deputy Jim O'Callaghan asked the Minister for Justice the steps he intends to take to expand the penalties available to the Courts in sentencing children convicted of serious offences. [7508/23]
Amharc ar fhreagraAs the Deputy will appreciate, the sentencing of children is a complex issue and requires careful consideration. The Department of Justice is examining the issue raised in a recent Court case carefully and if changes are necessary to ensure the Courts have a robust and effective framework to sentence children in such cases, they will be brought forward.
The Youth Justice Strategy 2021-2027 contains an indicative schedule of amendments to the Children Act 2001 to allow for changes to the sentencing of children and to make more alternatives to detention available to the Courts where it is considered appropriate.
Government approval has already been provided for the drafting of Heads of a Bill to provide for amendments to the Children Act 2001, to ensure that there are sufficient alternative sentencing options to fully and partly suspended sentences, and this legislation is being prepared.
The amendments are intended to maximise the alternative sentencing options available in the 2001 Act, and to remove existing barriers to their use, particularly in relation to children who will turn 18 during the duration of their sentence. The amendments will strengthen the provisions relating to deferment, detention and supervision orders and community sanctions.
The focus during sentencing on reintegration into the community post-release will be strengthened, thereby providing more appropriate sentencing options to partly suspended sentences.
The proposed legislative amendments will provide for Deferred Sentence Supervision Orders. This allows the court to take into consideration how the child has complied with supervision before deciding on the sentence. There will also be provision for circumstances where a child has turned 18 before the resumed hearing takes place.
The Law Reform Commission Report on Suspended Sentences, published in 2020, includes recommendations that will inform the provisions in the proposed amendments to the Children’s Act.
67. Deputy Mattie McGrath asked the Minister for Justice the checks, if any, that were performed on the 5,074 refugees who arrived at Dublin Airport in 2022 without ID documentation, despite having it when boarding a plane. [6882/23]
Amharc ar fhreagraImmigration officials conduct passport checks on arrival to ensure passengers are properly documented in accordance with Section 11 of the Immigration Act 2004.
The establishment of a person’s identity and nationality is an important feature of our immigration process. This is especially important in the context of persons who enter the Irish State for the purposes of making a claim for international protection.
Immigration Officials are actively engaging with airport authorities and airlines at a senior level to underscore the importance of passengers possessing correct documentation and to provide support in helping them to reduce the number of passengers boarding flights without the correct documentation.
The Border Management Unit and the GNIB are working closely with airlines on a range of measures to ensure that passengers have such documentation when boarding. Border Management Unit officials are available 24/7 to assist airlines with queries they have in relation to immigration matters.
If a person arriving at a port of entry to the State indicates or is identified as being in need of international protection they are admitted to the international protection process. My Department examines applications for international protection by anyone who indicates they wish to make an application, this is in accordance with our obligations under international and EU asylum law.
68. Deputy Aodhán Ó Ríordáin asked the Minister for Justice for an update on the new Garda station proposed for Northern Cross. [7717/23]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the administration and management of An Garda Síochána, including the Garda estate. Matters in relation to Garda accommodation are progressed by the Garda authorities working in close cooperation with the OPW.
I understand that there is ongoing engagement between Dublin City Council, OPW and An Garda Síochána in respect of the project referred to, which is a strategic priority for Garda accommodation under the Garda Capital Plan 2023- 2030, which is in the process of being finalised.
69. Deputy Denis Naughten asked the Minister for Justice the steps which he is taking to restrict the right to be forgotten under GDPR by convicted sex offenders; and if he will make a statement on the matter. [2035/23]
Amharc ar fhreagraAs the Deputy is aware, the General Data Protection Regulation is an EU Regulation, by which Ireland is bound and the European Court of Justice is responsible for the interpretation of European law, including the GDPR.
The "right to be forgotten" is a data protection right which the Court of Justice of the European Union (CJEU) established in the 2014 “Google Spain” case and was subsequently legislated for in the GDPR. In this ruling, the CJEU established that users can ask search engines to hide certain URLs from search results when a search is conducted using their name and the content on the page the URL points to includes information that is “inadequate, irrelevant or no longer relevant, or excessive.”
It gives people the right to seek the deletion of their data from a site, however, it does not give a guarantee this will be done.
The Court established in the "Google Spain" and subsequent cases that the right to be forgotten does not apply to information that is relevant to the public interest, including previous convictions for sexual crimes.
I want to be very clear here in saying that the GDPR does not give convicted sex offenders any automatic right to have their previous convictions deleted from search engines.
While it is not open to me, as Minister for Justice, to change the application or interpretation of the GDPR, I understand the Deputy’s concerns and I am determined keep our communities safe.
The Sex Offenders (Amendment) Bill, which I am currently bringing through the Oireachtas will strengthen our already robust system for monitoring sex offenders. The Bill will reduce, from 7 to 3 days, the period for sex-offenders to inform Gardaí -
- of their name and address within 3 days of leaving prison;
- of any change to their name or address within 3 days;
- if they are going to be outside the State for more than 3 days;
- if they are returning to the State having been outside it for 3 days;
- if they are at an address in the State for 3 days and that address has not been notified to AGS;
or every 12 months if they had not notified within the previous 12 months
The Bill will also allow for the electronic tagging of offenders and for the Gardaí to disclose information about a sex offender’s previous convictions to a member or members of the public where the offender poses a risk of causing harm.
Later this year I will also bring forward a further Sexual Offences Bill to ensure this important area of law is kept up to date.
70. Deputy David Stanton asked the Minister for Justice the way that the proposed community safety partnerships will operate; when he expects these partnerships will be established nationally; and if he will make a statement on the matter. [7680/23]
Amharc ar fhreagraMy Department's community safety policy is about people being safe and feeling safe in their own community. This approach goes far beyond the traditional policing response and requires all relevant state bodies and voluntary organisations to work together in a joined-up way, in partnership with the local community, to prioritise and address issues in their own area.
The Commission on the Future of Policing Ireland (CoFPI) recognised that much of the work of Gardaí on a daily basis, similar to other police services, is concerned with the non-crime related activity of preventing harm to people with addiction or mental health conditions, those who are homeless, the elderly, children and others at risk or deemed vulnerable.
The Policing, Security and Community Safety Bill will place statutory obligations on Departments and other public service bodies to cooperate with each other to improve community safety. It also establishes national structures to provide strategic direction and ensure that collaboration is working, and establishes Local Community Safety Partnerships (LCSPs), which will replace existing Joint Policing Committees.
There are currently three pilot LCSPs in Dublin’s North Inner City, Waterford, and Longford. The partnerships are made up of:
- Community representatives, including residents, youth representatives, members of new and minority communities, local activists, local businesses, and representatives of schools;
- Public sector representatives, i.e., local statutory services such as the HSE, Tusla, An Garda Síochána, and the local authority; and
- Local councillors.
Each partnership will create their own local community safety plan, setting out the key actions to address safety concerns in their community and assigning ownership for these actions. The first such plan has been produced by the Longford LCSP pilot and is available on the Longford County Council website.
The pilot LCSPs are undergoing an ongoing independent evaluation to ensure that, when established nationally, the LCSPs will be designed and supported to help communities prioritise issues raised by its members as safety concerns. A mid-term evaluation, covering the first 12 months of the pilots, is due to be submitted to my Department shortly.
The intention is that the Policing, Security and Community Safety Bill will become law later this year and be fully commenced in January 2024, with the national roll-out of the community safety partnerships to follow early in 2024..
As the Deputy will be aware, the Community Safety Innovation Fund was established in April 2021 by Minister McEntee and the Minister for Public Expenditure to allow proceeds of crime to be directed into community projects to support community safety. The fund was allocated €2 million under Budget 2022.
In 2022, the first year of the Fund, there were 124 applications from community projects across Ireland. 22 community projects were successful and received grants ranging from €5,000 to €150,000, with projects including once-off initiatives, and longer programmes of up to 24 months duration. Each of the three pilot LCSPs were successful in obtaining funding for key projects identified in the development of their community safety plans.
The Fund for 2023 will see the outlay increased to €3 million, as provided for under Budget 2023.
71. Deputy Peadar Tóibín asked the Minister for Justice the number of women murdered or who died by suspected homicide in the State in each of the past ten years and to date in 2023; and if he will make a statement on the matter. [6737/23]
Amharc ar fhreagraAs the Deputy will be aware, the Central Statistics Office (CSO), as the national statistical agency, is responsible for the compilation and publication of all crime statistics. The CSO produces these statistics using data recorded on An Garda Síochána’s PULSE system and makes regular releases under reservation in relation to various crime statistics. The CSO also continues to work with An Garda Síochána to address quality issues in the underlying sources used to compile the statistics.
The information requested by the Deputy is publicly available on the CSO website at the following link for the 2016 to 2021 period: data.cso.ie/.
The Deputy may wish to note that the Garda Síochána Domestic, Sexual and Gender Based Violence report, published in September 2022, also provides similar and further data from page 16 onwards:
www.garda.ie/en/about-us/our-departments/office-of-corporate-communications/news-media/an-garda-siochana-domestic-sexual-and-gender-based-violence-report-sept-22.pdf.
72. Deputy Steven Matthews asked the Minister for Justice if his attention has been drawn to low levels of fines issued by An Garda Síochána at a local level in County Wicklow and at national level for driving infringements (details supplied), contrary to Government policy on cycling and pedestrian safety; and if he will make a statement on the matter. [4550/23]
Amharc ar fhreagraAs the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005, as amended, which includes the enforcement of road traffic legislation.
I am assured that road traffic enforcement remains a core policing function of An Garda Síochána. The Garda National Roads Policing Bureau ensures a consistent approach to road safety and enforcement of road traffic legislation across the country. This is achieved through coordination of enforcement measures and development of policy, based on research and analysis of statistics and by engaging in campaigns in partnership with other State Agencies, notably the Road Safety Authority.
Road traffic legislation is also enforced as part of the day-to-day duties of all members of An Garda Síochána, in addition to the employment of specific enforcement operations.
Roads policing statistics are compiled by the Garda Síochána Analysis Service on a monthly basis and published on the Garda website.
The statistical tables below have been provided to me by the Garda authorities and outline detections in the Wicklow Division by members of An Garda Síochána only. I have been advised that detections by traffic wardens employed by local authorities are not included in this data.
I am further advised by Gardaí that the Fixed Charge Notices statistics provided are based on incidents which occurred from 1 January 2019 to 31 January 2023 inclusive, are based on operational data from the Garda Fixed Charge Processing System as was available on 2 February 2023 and are liable to change.
An Garda Síochána has advised that these enforcement figures cannot be taken in isolation. An Garda Siochána enforces all road traffic legislation. I am informed that Gardaí pay particular attention to the four lifesaver offences, speeding, intoxicated driving, mobile phone use while driving and non-wearing of safety belts.
Below is a yearly breakdown of the Fixed Charge Notices issued for parking on a footpath in Wicklow Division:
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Parking on a footpath |
214 |
174 |
281 |
213 |
21 |
Below is the monthly average number of Fixed Charge Notices issued for parking on afootpath in Wicklow Division:
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Parking on a footpath |
18 |
15 |
23 |
18 |
21 |
Below is a yearly breakdown of the Fixed Charge Notices issued for parking on a cycle lane in Wicklow Division:
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Parking on a cycle lane |
less than10 |
14 |
less than10 |
21 |
less than10 |
Below is a yearly breakdown of the Fixed Charge Notices issued for parking offences in Wicklow Division:
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Parking offences |
1700 |
2925 |
3574 |
1666 |
115 |
Below is the monthly average number of Fixed Charge Notices issued for parking offences in Wicklow Division:
|
- |
2019 |
2020 |
2021 |
2022 |
2023 |
|
Parking offences |
142 |
244 |
298 |
139 |
115 |
75. Deputy Alan Dillon asked the Minister for Justice the way the Department is dealing with deportations; and if he will make a statement on the matter. [7727/23]
Amharc ar fhreagraThe legislative basis for deportation from this State on immigration grounds is provided for in Section 3 of the Immigration Act 1999 and Section 51 of the International Protection Act 2015.
Deportation and Removal processes are an essential part of any immigration system; it must be acknowledged that those who do not have a legal right to remain in this country must return to their own country, following fair procedure and having gone through all available avenues for appeal.
Deportation orders were not enforced during the COVID-19 pandemic, except in cases where an individual was a threat to national security or whose presence in Ireland would be contrary to the public interest. With the lifting of public health restrictions and a return to more normal travel at the end of July last year these processes recommenced.
When issued with a deportation order, the person concerned is required to remove themselves from the State. Many people comply with this and leave the country.
Where deportations are enforced, at this point in time, they are facilitated by the use of commercial flights. My Department is also currently exploring the use of charter flights and further cooperation with Frontex, the EU Border agency in the area of joint returns.
Deportations also require the cooperation of the receiving states, particularly in the context of verifying the identity of the person and securing the subsequent travel documents in order to facilitate their return. My Department maintains communications with relevant embassies on this matter.
76. Deputy James O'Connor asked the Minister for Justice his views on recruitment concerns within An Garda Síochána; the plans he has laid out for future recruitments; and if he will make a statement on the matter. [7735/23]
Amharc ar fhreagraAt the outset I would like to inform the Deputy that since 2015 a total of 4,029 recruits have been through Templemore and there has been an increase of over 10% in the number of Garda members to the current total of 14,133. These Gardaí are supported by 3,126 Garda staff which is more than 50% on the number assigned in 2015, while over 880 Garda members have been freed up from back office duties to front line policing due to civilianisation.
While the Government’s objective is to support ongoing growth in the organisation, it is important to understand that recruitment was significantly and understandably disrupted when Templemore was necessarily closed during the COVID pandemic.
It must also be recognised that recruitment to An Garda Síochána - our national policing and security service – requires the Commissioner to be satisfied, not just of the general qualifications and physical fitness of applicants given the demanding nature of the job, but also of their general suitability and integrity. The Commissioner is determined to maintain the calibre of candidates which has served An Garda Síochána well over the last century and I share that commitment to high standards. Candidates must therefore be carefully vetted and assessed. It is increasingly the case that many candidates have lived abroad for some time and therefore these processes can take longer than previously and are somewhat outside the direct control of An Garda Síochána.
I very much support the Commissioner’s ambition to accelerate Garda recruitment coming out of the pandemic.
The Commissioner and his team have assured me that the target to recruit 1,000 new Gardaí in 2023 will be achieved. A new Garda recruitment competition will be commenced in the coming months.
It is clear from the response to last year's competition that, despite intense competition in the employment market, a career in An Garda Síochána is attractive to a large number of people and it is equally clear from the 2022 Garda Culture Audit that Gardaí have high levels of job satisfaction, notwithstanding the risks and challenges associated with their role. While the recruitment process takes time for the reasons I've outlined, there is every reason to be confident that An Garda Síochána will continue to attract the numbers required to keep the public safe. I can assure the Deputy that this Government will not be found wanting in its support for that objective.
77. Deputy Gino Kenny asked the Minister for Justice if he has been in contact with the Garda Commissioner regarding serious threats being made against refugees, the LGBTQI community, anti-racism campaigners and other sections of our society; and if he will make a statement on the matter. [7660/23]
Amharc ar fhreagraAs the Deputy will be aware, the Garda Commissioner is responsible for all operational policing matters, including monitoring and responding to emerging threats and managing public order. I can inform the Deputy that I am regularly briefed by the Garda Commissioner on a range of matters. I am assured by the Commissioner that An Garda Síochána keep the distribution of resources to respond to all crime trends under review, including online activity. The Government is committed to supporting An Garda Síochána, and have allocated an unprecedented budget of €2.14 billion for 2023 to ensure the organisation has the resources it needs to fulfil its mission of Keeping People Safe.
This includes provision for -
- recruitment of up to 1,000 new Garda recruits and over 400 Garda staff
- a €5 million increase in the overtime budget for An Garda Síochána – to over €100 million - to support high visibility policing to tackle crime and anti-social behaviour
- €6 million for new ballistic vests to protect frontline Gardaí
- €3 million to start procurement of body worn cameras
- an extra €11 million for new Garda mobile devices, apps and specialist equipment
- an extra €21 million for ICT capital in 2023
- €10 million investment in the Garda fleet to upgrade 270 cars
Gardaí have also been monitoring protests and public meetings on the topic of immigration over the past weeks, and while I am aware there is a small minority whose intentions are to create division and are engaging in intimidation rather than protest at these events, I feel it is only fair to point out that over the past year, communities across Ireland have demonstrated great solidarity to those who come here. While the Garda Commissioners' responsibility for operational policing matters includes the monitoring of protests with regard to public order, I am informed by Garda authorities, that as with any protest, the policing approach is predicated on keeping people safe, preventing any anti-social and criminal behaviour and traffic management, where appropriate. We have seen how An Garda Síochána will deploy an increased presence where they deem it necessary. An Garda Síochána continue to provide an effective policing response to known and impromptu protests to ensure public safety. While people have the right to protest and of course that right must be respected, people do not have the right to do this in a way that causes others to fear for their safety or in a way that threatens public order. If that line between protesting and threatening or intimidating behaviour is crossed there are a number of provisions in our laws that apply. Our public order legislation criminalises offensive behaviour in a public place as well as engaging in threatening, abusive or insulting behaviour in a public place. It is also an offence to distribute or display in a public place any material which is threatening, abusive, insulting or obscene and of course it is an offence to fail to comply with a direction of a member of AGS. In addition, it may interest the Deputy to know that the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022, which is currently before the Houses, will create new, aggravated forms of certain existing criminal offences – i.e. hate crimes - where those offences are aggravated by hatred of a protected characteristic. Offences aggravated by hatred will carry an enhanced penalty and the record of any conviction for such an offence will clearly state that the offence was a hate crime. Creating these new offences will mean that a crime can be investigated from the beginning as a potential hate crime by the An Garda Síochána and evidence of the hate element can be presented (and challenged) in court.The Bill will also strengthen the law around incitement to hatred - or hate speech – by reflecting the current context more accurately; including online hateful content. The new legislation will modernise the existing Prohibition on Incitement to Hatred Act 1989 by criminalising any intentional or reckless communication or behaviour that is likely to incite violence or hatred against a person or persons because they are associated with a protected characteristic.The protected characteristics that underpin the new legislation are race; colour; nationality; religion; national or ethnic origin; descent; gender (including gender expression or gender identity); sex characteristics; sexual orientation; and disability.
78. Deputy Matt Carthy asked the Minister for Justice if he intends to establish an independent public inquiry into the death of a person (details suppled) as previously agreed by both Houses of the Oireachtas. [6870/23]
Amharc ar fhreagraI want to reiterate my condolences to the O'Farrell family on the death of their son and brother, Shane O'Farrell who was tragically killed in 2011. As I have already outlined and as the House is aware, a retired District Court Judge, Gerard Haughton, was appointed by the then Minister in 2019 to carry out a scoping exercise in light of the public controversy surrounding the circumstances of the tragic death of Shane O'Farrell.
The purpose of the scoping exercise was to advise whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton submitted his final report to Minister McEntee last June. Since receipt of the final report, the advice of the Attorney General was sought and received in relation to the issue of publication and other matters arising.
Minister McEntee wrote to each Department and Agency responsible for issues giving rise to recommendations in the Report and in July last year the O’Farrell family were provided with a copy of the report on a strictly confidential basis. I understand that Minister McEntee, together with the then Taoiseach, met with members of the O’Farrell family late last year regarding the report, both in terms of content and publication.
I am currently considering this important report myself and intend to decide shortly on how best to proceed.
79. Deputy Gino Kenny asked the Minister for Justice if he will indicate his support for a public inquiry into the death of a person (details supplied) who was killed in hit-and-run by driver while cycling near his home in Carrickmacross on 2 August, 2011; and if he will make a statement on the matter. [7662/23]
Amharc ar fhreagraIn February 2019, retired District Court Judge Gerard Haughton was appointed by the then Minister to carry out a scoping exercise in light of the public controversy surrounding the circumstances of the death of Shane O'Farrell.
The purpose of the scoping exercise was to advise whether any further investigation or inquiry beyond those already carried out was necessary and, if so, to advise on the form of such investigation or inquiry and its terms of reference.
Judge Haughton submitted his final report to Minister McEntee on 1 June 2022. Since receipt of the final report, the advice of the Attorney General was sought and received in relation to the issue of publication and other matters arising.
Minister McEntee wrote to each Department and Agency responsible for issues giving rise to recommendations in the Report and in July last year the O’Farrell family were provided with a copy of the report on a strictly confidential basis. I understand that Minister McEntee, together with the then Taoiseach, met with members of the O’Farrell family late last year regarding the report, both in terms of content and publication.
I am currently considering this important report myself before deciding on how best to proceed in the light of its recommendations, including any further actions.
80. Deputy Paul McAuliffe asked the Minister for Justice the number of gardaí assigned to the drugs and community policing units in the Finglas sub-district for the past five years up to the latest date possible; and if he will make a statement on the matter. [7676/23]
Amharc ar fhreagraAs the Deputy will be aware, under the Garda Síochána Act 2005, as amended, the Garda Commissioner is responsible for the management and administration of Garda business, including the distribution and stationing of Garda members throughout the State, including to specialist units within the organisation. As Minister, I have no role in these independent, operational functions.
I am assured that the Garda Commissioner keeps the allocation of resources under continued review to ensure their optimum use. This takes into account factors including crime trends, operational strategies and local population figures.
The table below, given to me by Garda authorities, outlines the number of community police in Finglas, and the drugs unit in DMR West of which Finglas is part. I am further advised by the Garda authorities that counts of less than 10 cannot be provided for Drug Units due to the impact on operational effectiveness and security.
|
Year ending |
Community Policing Finglas |
Drugs Unit DMR West |
|
31/12/2018 |
11 |
11 |
|
31/12/2019 |
15 |
* |
|
31/12/2020 |
15 |
22 |
|
31/12/2021 |
10 |
26 |
|
31/12/2022 |
9 |
20 |
The official categorisation as a 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 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 the course of carrying out their duties.
