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Written Answers Nos. 27-47Court Poor Box 27. Deputy Sean Sherlock Minister for Justice and Equality (Deputy Charles Flanagan): The replacement of the court poor box by a statutory Reparation Fund was recommended by the Law Reform Commission in its 2005 report The Court Poor Box: Probation of Offenders. The court poor box will continue to operate while the Criminal Justice (Community Sanctions) Bill is being prepared. Once the Bill has passed through the Houses it is envisioned that the court poor box system will be replaced with the Reparation Fund I have described. Victim Support Services 28. Deputy Bernard J. Durkan Minister for Justice and Equality (Deputy Charles Flanagan): In such tragic circumstances, I fully acknowledge that one of the supports that can be provided to remaining family members is the provision of timely information on the facts and development of a case, insofar as that is desired by the family. As the Deputy is aware, this is one of the primary roles of the Garda Family Liaison Officers, who are appointed to families in these cases but there are necessary limitations that apply to the disclosure of legally privileged information. While I do not wish to preempt the finalisation of terms of reference, I expect that the proposed study will include an examination of the role of the liaison officers, how that has evolved since the enactment of the Victims of Crime Act 2017 and how to deal with disseminating information while adhering to any limitations which may apply. I intend to consult relevant parties, including my Government colleagues and relevant experts, before finalising the terms of reference. I will examine any recommendations made, including any legislative change that might be proposed. The Deputy asks about the possibility of an early warning system to alert families of risk of murder-suicide. I would not wish to raise any false expectations in this regard. Many of those who complete murder-suicides have not been assessed as posing any risk to themselves or their families by police, medical or caring professionals. There are a small number of such horrific and appalling crimes but given the issues involved it would likely be very difficult if not impossible to established an early warning system. I want to acknowledge the work of Deputy O'Callaghan who published a Private Members’ Bill – the Civil Liability (Amendment) (Prevention of Benefits from Homicide) Bill. The Government did not oppose the Private Members Bill at its Second Stage debate, but indicated that it would be tabling amendments to the Bill at Committee Stage. The Bill will be considered shortly by the Oireachtas Committee on Justice and Equality and I hope to be in a position to finalise the required amendments to that Bill as soon as possible. Crime Levels 29. Deputy Donnchadh Ó Laoghaire Minister for Justice and Equality (Deputy Charles Flanagan): I can assure the Deputy that local Garda management in the Cork region keep all new and emerging crime trends under constant review to ensure best use is made of Garda resources. Gardaí in Cork are determined to act against all forms of criminal activity and will work with communities to prevent and detect crime. Togher and Anglesea Street Districts form part of the Cork City Division and as of 31 January 2019 there were 703 Garda members assigned to Cork City Division. There are also 38 Garda Reserves and 80 Garda staff attached to the Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau. I understand that the crime statistics for Q4 of 2018, which will include the Christmas period, will be published by the CSO in the coming weeks. These will be scrutinised by my Department, and other stakeholders upon publication. To be of assistance to the Deputy, I will request the CSO to make the new crime statistics for the Cork region available to him when they are released. As the Deputy will be aware, last year the number of Gardaí reached over 14000 for the first time since 2011. The Government has further increased the budget for An Garda Síochána to €1.76 billion in 2019 and the Commissioner plans to recruit a total of 600 trainee Gardaí and 600 Garda Civilian Staff. This will facilitate the redeployment of a further 500 fully trained Gardaí from administrative duties to the frontline policing for which they were trained. This on-going recruitment is providing the resources needed to deliver a visible effective and responsive policing service to communities across all Garda Divisions, including Cork City. Criminal Injuries Compensation Tribunal Data 30. Deputy John Curran Minister for Justice and Equality (Deputy Charles Flanagan):
Applications to the Tribunal are processed with a minimum of formality compared to court proceedings where compensation is sought under the Civil Liability Acts. Tribunal Members when making their decisions must be satisfied that all supporting documentation has been provided by the applicant and is in order. In some cases there can be delays pending the availability of all required documentation and some cases are complex in terms of medical conditions. For example, in the case of serious injury to the victim, it can take a considerable amount of time (in some cases a number of years) before their treating consultant is in a position to give a final prognosis. The absence of such information can sometimes lead to delays in bringing cases to finalisation. For the reasons outlined, it is not possible to provide the Deputy with the average time taken to bring a claim to finalisation. Because of the manner in which cases are recorded, in particular applications which are received but not actively pursued by the applicant, it is not possible to provide the number of active cases on hand. I can inform the Deputy that I have requested an assessment of the caseload of the Tribunal. When this exercise has been completed, I will contact the Deputy directly. In view of the length of time since the Scheme was last revised, my Department has submitted a request for a review of the Scheme to the Law Reform Commission (LRC) for consideration in the context of its Programme of Law Reform. Community Alert Programme 31. Deputy Martin Heydon Minister for Justice and Equality (Deputy Charles Flanagan): In addition to the Text Alert scheme, I should also mention that, for many years, my Department has supported community crime prevention by providing funding for the Community Alert Programme, which is operated by Muintir na Tíre in partnership with the Garda authorities. With respect to the specific issue raised by the Deputy concerning a new centralised system for phone calls to Garda stations in the eastern region, I have brought his concerns to the attention of the Garda authorities and have sought a report on the matter. I will contact him again when the report is to hand. Organised Crime 32. Deputy Bernard J. Durkan Minister for Justice and Equality (Deputy Charles Flanagan): An Garda Síochána is tackling organised criminal activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations. These measures include utilising, to the greatest extent possible, advanced analytical and intelligence methodologies. The tackling of organised criminality is achieved through the use of focused intelligence-led operations by Garda specialist units, including the Drugs and Organised Crime Bureau, the National Economic Crime Bureau and the National Bureau of Criminal Investigations. When required, support from the Security and Intelligence Section is also available. These specialist units also work closely with the Criminal Assets Bureau in targeting criminality. Multi-disciplinary approaches are used by An Garda Síochána to ensure the activities of individuals and groups involved in criminal enterprise are effectively targeted. Such approaches also include the use of money-laundering legislation and the powers available to the Criminal Assets Bureau under the proceeds of crime legislation. Garda operational responses to gang-related crime in Dublin are coordinated under Operation Hybrid. As of 13 January 2019, there have been 86 arrests in relation to gang-related killings and 3 persons convicted of murder with life sentences imposed. In addition, 290 searches have been undertaken, 37 firearms have been seized and over 17,000 lines of enquiry conducted. In excess of 73,000 high visibility checkpoints have been implemented with significant support from Armed Support Units and a significant amount of CCTV footage, mobile phone traffic, and forensic evidence is also being examined. Operation Hybrid is reviewed on a weekly basis to maintain optimal impact. A number of arrests were made in the UK recently on foot of investigations, supported by An Garda Síochána, into the supply of drugs and firearms in Ireland and the UK. There were also a number of significant drug seizures made by An Garda Siochana in recent weeks. I am assured by the Garda authorities that the international frameworks for cooperation in criminal matters are being utilised. An Garda Síochána also maintains close liaison with a range of other law enforcement agencies internationally and the work of Garda liaison officers who are permanently based in other jurisdictions and in international bodies such as Interpol and Europol, greatly facilitate the prompt exchange of information and intelligence on criminal activity. The manner in which the resources of An Garda Síochána are deployed, including personnel, is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no direct role in this regard. However, I am informed by the Commissioner that the additional resources coming on stream have enabled him to assign extra resources to the specialist units, including the Armed Support Unit, Garda National Drugs and Organised Crime Bureau, the National Bureau of Criminal Investigation, and the Criminal Assets Bureau. Since the reopening of the Garda College in September 2014, just under 2,400 Garda recruits have been assigned to mainstream duties nationwide, including 800 new Garda during 2018. A total budget of €1.76 billion has been provided to An Garda Síochána in 2019, an increase of over €100 million on the 2018 allocation. This includes provision for the recruitment of up to 800 Gardaí this year. The Commissioner plans to recruit a total of 600 trainee Gardaí and 600 Garda Civilian Staff in 2019. The recruitment of the additional civilian staff will allow the Commissioner to redeploy a further 500 fully trained Gardaí in 2019 from administrative duties to the frontline policing duties for which they were trained. The Garda Commissioner has confirmed that the Government's commitment to increase the overall strength of An Garda Síochána to 15,000 Garda members will be achieved by the target date of 2021. Prison Staff 33. Deputy Jim O'Callaghan Minister for Justice and Equality (Deputy Charles Flanagan): The recruitment of Recruit Prison Officers by the Irish Prison Service has been ongoing since 2017 and has regard to such factors as service needs and retirement levels. The known retirements for all prison grades as of 7 March 2019 is 50 which includes 14 compulsory retirements. It should be noted that 383 prison grade staff will be eligible to retire but are not required to do so in 2019. Direct Provision System 34. Deputy Mick Wallace Minister of State at the Department of Justice and Equality (Deputy David Stanton): Following the recent fires in Moville, Co. Donegal and Rooskey, Co. Leitrim, officials from the Reception and Integration Agency (RIA) have been liaising with all current centre managers asking them to review their security arrangements. It is important to note that accommodation centres, once they are open, enjoy good relations with local communities and local community groups and historically, the security risk to these centres are minimal. However, the RIA is also liaising directly with An Garda Siochana on a national basis to discuss potential security risks to accommodation centres and how these risks should be addressed. Garda Deployment 35. Deputy Louise O'Reilly Minister for Justice and Equality (Deputy Charles Flanagan):
Total: means all those Gardaí at a station all of whom have community policing as an inherent part of their role. Community Gardaí: are those with the official categorisation and are exclusively assigned to building relationships with local communities including giving talks to schools, community groups and others. Prisoner Data 36. Deputy Jim O'Callaghan Minister for Justice and Equality (Deputy Charles Flanagan): For example, I am advised that the IPS Psychology Service provides a number of interventions, both in a group and on an individual basis, which support individuals who have had adverse childhood experiences, including having been placed in care. These include a Comprehensive Resource Model group programme which is a trauma-specific, recovery-based therapy. It also involves other therapies which address cognitive, affective and behavioural instability that often results from adverse childhood experiences (ACEs). These include Mentalisation therapy, Dialectical Behaviour therapy, Cognitive Behaviour therapy and Schema therapy. I am also advised by the Irish Prison Service that during the course of clinical and therapeutic interventions with individual prisoners, their personal background, including any experiences in the care of the State, may be discussed as part of that engagement with a professional service. However, any personal history information is only recorded as part of confidential case notes and is not currently collated for any statistical purposes. As the Deputy may be aware, my Department’s Data and Research Strategy 2018-2020 was launched in July 2018. This Strategy aims to facilitate better collaboration and information sharing between the Department and its agencies and stakeholders in order to ensure better provision of data, information, analysis, evaluation and research. A Research Advisory Group, including external experts, has put in place a clear process for prioritising research projects for funding and a plan including internal and external research collaborations is currently being progressed. Crime Prevention 37. Deputy Martin Heydon Minister for Justice and Equality (Deputy Charles Flanagan): Asylum Seeker Accommodation 38. Deputy Fiona O'Loughlin Minister of State at the Department of Justice and Equality (Deputy David Stanton): In addition, there have been significant improvements to recreation opportunities. Friends of the Centre groups have been established in each centre. This initiative aims to bring residents, community and voluntary groups together with a view to increasing integration opportunities and providing for the development of greater community linkages with the residents and the centre. Following the McMahon Report, a Standards Advisory Group was set up in 2017. The work of this group is to build on the recommendations of that Report and to develop a set of standards for accommodation provided for those people seeking the protection of the State. The Standards will meet those set out in the Recast Reception Conditions Directive and under EASO Guidance on Reception Conditions. Operational standards and indicators will take due cognisance of the responsibility to promote equality, prevent discrimination and protect the human rights of employees, customers, service users and everyone affected by policies and plans as defined by the Public Sector Equality and Human Rights Duty. In order to meet needs in the longer term, and improve the quality of the accommodation, the Department has recently commenced a public procurement exercise under which public tenders for the provision of accommodation and ancillary services to persons in the protection process, by way of the independent living model, will be advertised. This process is scheduled to continue throughout 2019 and is due for completion in 2020. This will be delivered via a series of regional competitions to cover the entire State. Under this competition, all successful bids must provide residents with the option of preparing their own meals as part of their proposal. Garda Information and Communications Technology 39. Deputy Thomas P. Broughan Minister for Justice and Equality (Deputy Charles Flanagan): The resources provided by Government to An Garda Síochána have reached unprecedented levels, with an allocation of €1.76 billion for 2019. These resources are being provided in support of the Government's commitment to ensuring a strong and visible police presence throughout the country to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. Specifically in relation to ICT, €342 million is being invested in Garda ICT infrastructure between 2016 and 2021 to enable An Garda Síochána to utilise appropriate technologies in delivering professional policing and security services for the community. 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, decisions in relation to the allocation and management of Garda equipment and resources, including ICT, are a matter for the Commissioner, in light of identified operational demands. 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 Garda ICT is currently engaging with the Garda Youth Diversion Office in relation to the revised operating procedures and accompanying software solutions required arising from the recommendations of the recent Garda Youth Referral Review. The Deputy may also wish to be aware that the Garda authorities indicate that among the significant ICT projects underway, a new Investigations Management System is currently being developed. On roll-out this year, it will allow for the management of activities completed as part of an investigation, maintain a full history of the chain of events in an investigation and manage the information gathered and decisions/actions taken. It will also integrate closely with the new document and content management system, the new Property and Exhibits Management System, and other Garda IT systems, such as PULSE. Additional resources for ICT, over and above the total allocation of €342 million between 2016-2021, including the allocation of over €61 million for Garda ICT in 2019, have not been requested by the Garda authorities in order to respond to matters raised in the Garda report referred to by the Deputy. Garda Deployment 40. Deputy Louise O'Reilly Minister for Justice and Equality (Deputy Charles Flanagan): Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am advised by the Commissioner that the Garda strength of the D.M.R. North Division and the D.M.R. West Division on 31 January 2019 the latest date for which figures are readily available was 714 and 707 respectively. There are also 40 Garda Reserves and 53 Garda civilian staff attached to the D.M.R. North Division and there are 26 Garda Reserves and 62 Garda civilian staff attached to the D.M.R. West Division. When appropriate, the work of local Gardaí is supported by a number of Garda national units such as the National Bureau of Criminal Investigation, the Garda National Economic Crime Bureau and the Garda National Drugs and Organised Crime Bureau. Since the reopening of the Garda College in September 2014, almost 2,600 Garda recruits have been assigned to mainstream duties nationwide, including 200 trainees who passed out from the college just last week. The Government has increased the budget for An Garda Síochána to €1.76 billion for 2019, which includes provision for the recruitment of up to 800 Gardaí this year. The Commissioner has now informed me that he plans to recruit a total of 600 trainee Gardaí in 2019 and 600 Garda Civilian Staff. This Garda Staff recruitment will allow the Commissioner to redeploy a further 500 fully trained Gardaí from administrative duties to frontline policing in 2019. I believe that the injection of this large number of experienced officers into the field, along with the new recruits, will be really beneficial in terms of protecting communities. This and on-going recruitment will clearly provide the Commissioner with the resources needed to deploy increasing numbers of Gardaí to deliver a visible effective and responsive policing service to communities across all Garda Divisions including the D.M.R. North Division and the D.M.R. West Division. The Garda strength of the D.M.R. North Division and the D.M.R. West Division from 2009 to 31 January 2019 as provided by the Garda Commissioner is available on my Department’s website through the following link. www.justice.ie/en/JELR/002_Garda_Numbers_by_Division_District_and_Station_2009_to_31_January_2019.xlsx/Files/002_Garda_Numbers_by_Division_District_and_Station_2009_to_31_January_2019.xlsx. The information regarding new recruits as provided by the Garda Commissioner, is also available on my Department’s website via the following link. www.justice.ie/en/JELR/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_January_2019.xlsx/Files/008_Allocation_of_Probationer_Gardaí_by_Division_and_Station_2014_to_January_2019.xlsx. For more general information on Garda Facts and Figures please see the following link: www.justice.ie/en/JELR/Pages/An_Garda_Siochana_facts_and_figures. Visa Data 41. Deputy Catherine Connolly Minister for Justice and Equality (Deputy Charles Flanagan): However, I understand such applications from family members of 'critical skills permit' holders, including nurses, are generally made under the 'join family' visa category. Decisions regarding the grant or refusal of ‘join family’ visas are made in a number of INIS Visa Offices overseas, the INIS Visa Office in Dublin, and at Embassies of the Department of Foreign Affairs and Trade which process certain visa applications under delegated sanction from my Department. These applications are processed on a priority basis and are, generally, processed within approximately two weeks of the applicant submitting the ‘join family’ visa application to the relevant Visa Office or Embassy. The processing time at each office and location worldwide is determined by a number of factors such as the volume and complexity of applications, the completeness and sufficiency of information or documentation provided by the applicant, whether further investigation is required or not, individual circumstances, peak application periods, seasonal factors, and the resources available. While every effort is made to process applications as quickly as possible, processing times inevitably vary as a result. More generally, a number of measures have been put in place to deal with the increased demand for visas to come to Ireland. This has included the assignment of additional staff to help process applications, and the streamlining of visa processes where possible. The central concern in deciding on visa applications, as with all visa services worldwide, is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time facilitating travel for those who meet the criteria. Each visa application is therefore decided on its own merits taking all factors into account. In addition, the Minister for Business Enterprise and Innovation and I announced last week that spouses and partners of Critical Skills Employment Permit holders (including certain nursing and midwifery professionals) will now be able to access the Irish labour market without the need to obtain an employment permit. I am confident this very positive change to the immigration regime will further streamline existing processes, offer greater clarity to employers and applicants making it more attractive for attracting international talent to Ireland. Northern Ireland 42. Deputy Sean Sherlock Minister for Justice and Equality (Deputy Charles Flanagan): The shared assessment of the threat in Northern Ireland is that it remains 'Severe' (that is to say, a terrorist attack is highly likely). The dissident paramilitary groups continue to focus their efforts primarily on targeting members of the security forces in Northern Ireland, as evidenced tragically in recent years by the murders of NI Prison Officers Alan Black and Adrian Ismay, and a number of attempts to murder PSNI constables, including in July in Derry when a number of shots were fired at the PSNI. The Gardaí maintain a high level of on-going, close co-operation with their counterparts in Northern Ireland and in Britain in responding to this threat. This operational relationship is absolutely central to bearing down on and disrupting the activities of these groups and, therefore, to maintaining security on the island. The shared security threat and the response of the two Governments has been a key part of my engagement with my colleagues in the Government of the United Kingdom and was a major issue of discussion at the two meetings of the British Irish Intergovernmental Conference on 25 July 2018 in London and on 2 November 2018 in Dublin. The Tánaiste and I represent the Irish Government at these meetings while the British Government is represented by the Chancellor of the Duchy of Lancaster, David Lidington MP, and the Secretary of State for Northern Ireland, Karen Bradley MP. In addition, I have made a point of engaging with the Home Secretary on our mutual security interests. Since the appointment of the current Home Secretary, Sajid Javid MP, in April 2018 I have met with him in London on 25 July 2018, in Luxembourg on 12 October 2018 and most recently in my office in Dublin on 12 February 2019. Just yesterday, I spoke to the Home Secretary with regard to matters relating to the investigation into the incendiary devices which were posted to addresses in the United Kingdom last week. I expressed my utter condemnation of those who carried out this act and reaffirmed to the Home Secretary our deep commitment to continuing the close working relationship that we have with our colleagues in Northern Ireland and the United Kingdom. Magdalen Laundries Report 43. Deputy Catherine Connolly Minister for Justice and Equality (Deputy Charles Flanagan): International Conventions 44. Deputy Donnchadh Ó Laoghaire Minister for Justice and Equality (Deputy Charles Flanagan): The work to ratify the Convention on the protection of children against sexual exploitation and sexual abuse, also known as the Lanzarote Convention, is at an advanced stage. I want to assure the Deputy that Ireland’s laws are fully in line with the Convention. This was largely achieved by the Criminal Law (Sexual Offences) Act 2017, which was a ground-breaking piece of legislation. It brought in a new offence of accessing child pornography online. It also criminalised grooming behaviour, such as communicating with a child online for the purpose of sexual exploitation. Even prior to this Act, our legislation on child pornography included images of a person generated or modified by computer-graphics. This legislation ensures the State’s compliance with criminal law provisions in the Lanzarote Convention. In relation to other elements of the Convention, my Department has carried out a detailed review of compliance, in consultation with the Department of Children and Youth Affairs and other relevant stakeholders, such as the Garda Síochána and Health Service Executive. Information was sought regarding the child protection, prevention and victim support aspects of the Convention. This concerns the operational, rather than legislative aspects of the Convention. While the Department now has most of the information required for ratification, some stakeholder work is still required to ensure that Ireland is fully compliant in all areas of the Convention. Once that work has been completed, and the Office of the Attorney General has been consulted, steps towards formal ratification can be taken. Refugee Resettlement Programme 45. Deputy Fiona O'Loughlin Minister of State at the Department of Justice and Equality (Deputy David Stanton): Successful bidders placed on the framework must commence a mobilisation period to carry out all works required to deliver on their proposals. It is a condition of the tender that all residents will be able to cook meals of their own choice and that families will have access to designated living areas where they can carry out normal family activities outside of their bedrooms. Contracts will be commenced on completion of the mobilisation works. Contracts are for an initial 2 year period with two potential extensions of one year each. I am pleased that the Hazel Hotel has been successful in being placed on the framework and following the completion of the mobilisation works, residents will enjoy greater autonomy and independence in the centre. As with other contracts under these frameworks, the Hazel Hotel will provide services for a minimum of two years. Judicial Appointments 46. Deputy Mattie McGrath Minister for Justice and Equality (Deputy Charles Flanagan): The appointment of the Master of the High Court is done by Government. In relation to the current serving Master, his appointment followed an open competition and Mr. Edmund Honohan was appointed by Government Decision SO5055E of 8 May 2001 with effect from 14 May 2001. Northern Ireland 47. Deputy Michael Moynihan Minister for Justice and Equality (Deputy Charles Flanagan): The Garda authorities are in close and continuous contact with their UK counterparts in relation to the ongoing investigations and security matters generally. I can assure the Deputy that robust response and prevention capabilities are in place and close liaison continues daily between An Garda Síochána and the Defence Forces with their international counterparts to identify and manage threats. Likewise, maintaining excellent cooperation at both political and official level is a priority for Ireland. I have spoken to the UK Home Secretary about the current investigation and reaffirmed to him Ireland's deep commitment to working together with the UK to maintain the safety and security of all our people and to bring the perpetrators of such acts to justice. |
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