Written Answers Nos. 228-247
228. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which An Garda Síochána continues to liaise with Europol and Interpol in tracking criminal and drug dealing gangs; and if he will make a statement on the matter. [33475/17]
View answerI can assure the Deputy that targeting organised crime activity and those involved is an ongoing priority for the Government and An Garda Síochána.
An Garda Síochána is tackling such activity through a range of targeted measures designed to disrupt and dismantle the operations of criminal organisations.
This involves targeting serious criminals and organised criminal groups on a number of fronts and across all geographical locations, including 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 and supported, as required, by the Security and Intelligence Section. These specialist units also work closely with the Criminal Assets Bureau in targeting persons involved in such criminality.
All of these units operate under the umbrella of An Garda Síochána’s Special Crimes Operations Unit and are continuing to achieve commendable successes in targeting criminal groups as well as the ongoing drugs and firearms seized.
The Deputy will also be aware of the very significant measures which have been introduced in response to the appalling gangland feuding activity which has manifested itself both here and abroad. These measures include the provision of significant additional resources to An Garda Síochána, strengthened legislative measures targeting the proceeds of crime, the establishment of a dedicated Garda Armed Support Unit in Dublin and the establishment of a new Garda Special Crime Task Force.
The Divisional Drug Units liaise closely with the Garda National Drugs & Organised Crime Bureau, the Revenue Commissioners and the Defence Forces (Navy). The Garda Síochána also work in partnership with other Law Enforcement Agencies at home and abroad, including the Revenue Commissioners (Customs Service), the Health Products Regulatory Authority, Police Service of Northern Ireland, the National Crime Agency (UK), Europol, Interpol and the Maritime Analysis and Operations Centre – Narcotics (MAOC-N).
More broadly, work is well under way in regards to a comprehensive and integrated new National Drugs Strategy for the period post 2016 and the Garda Síochána remains resolute in its determination to act against those within society who pose a significant threat to the welfare and well-being of our citizens and the communities we serve. The continued disruption of the supply of all illicit drugs remains a priority for all agencies tasked with responsibilities in this regard.
The Garda authorities and the Government are absolutely determined that Irish criminals will not escape justice by fleeing this jurisdiction or by seeking to conduct their criminal activities from abroad. Recent operational activities involving An Garda Síochána and their Spanish colleagues clearly demonstrates the close liaison An Garda Síochána has in place with other law enforcement agencies internationally.
229. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the communications system in the various Garda stations throughout the country is adequately updated and upgraded to ensure an immediate response to members of the public; and if he will make a statement on the matter. [33476/17]
View answerAs the Deputy will appreciate, decisions in relation to the provision and allocation of Garda equipment and resources, including ICT, are a matter for the Garda Commissioner and I, as Minister, have no direct role in the matter.
The Deputy will be aware that the Garda Síochána Modernisation and Renewal Programme 2016-2021 is intended to professionalise, modernise and renew An Garda Síochána to ensure that the organisation can meet present and future challenges. I am informed by the Garda authorities that the Programme prioritises ICT projects with the aim of fully embedding technology initiatives to improve the services delivered to communities by An Garda Síochána.
I am further advised that Garda stations are currently fitted with analog Telephone Exchanges (PABX’s) which provide the telephony requirements for the station to contact and be contacted by the public. As part of the Garda Commissioner's Modernisation and Renewal Programme (MRP) a national Voice Over IP telephony solution will be provided to integrate the telephony systems of all Garda stations into a single telephony core. This will allow An Garda Síochána to manage non-emergency calls from the public to Garda stations more efficiently, and to ensure that all calls are logged and are provided with the appropriate response.
In addition, as part of the MRP, data services are currently being rolled out to sub district stations to provide them with PULSE access and other data services. Data services to District and Divisional Headquarters are also being enhanced to ensure that members have adequate bandwidth to support their requirements and to be in a position to take advantage of modern IT infrastructure that will be rolled out during the Programme.
231. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the Garda transport fleet has been enhanced or is likely to be further enhanced in the coming years; and if he will make a statement on the matter. [33478/17]
View answer232. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the degree to which modern communications technology is available in all Garda vehicles; the extent to which all such vehicles are readily contactable on an ongoing basis; and if he will make a statement on the matter. [33479/17]
View answerI propose to take Questions Nos. 231 and 232 together.
The Deputy will be aware that there has been unprecedented investment in the Garda Fleet in recent years with some €46 million being invested over the lifetime of the Government's Capital Plan 2016 - 2021 to ensure that An Garda Síochána has a modern, effective and fit for purpose fleet.
The actual expenditure in new and replacement vehicles over the period 2013 to 2016 was in the region of €40 million. This works out at average expenditure of €10 million per annum compared to an average of €1.6 million over the three year period 2009 to 2011 for example. The capital investment over the last 2 years has delivered some 874 new vehicles. There remains some €36 million available for the fleet under the Capital Plan with some €4 million being available in 2017.
I am advised by the Garda authorities that, as on 27 June, 2017, the latest date for which figures are available, the Garda fleet comprised of 2,830 vehicles. This represents an increase of 429 vehicles or almost 18% from 2013. Some 64% of the fleet is now less than 4 years old and, in fact, almost 1 in 6 vehicles are less than one-year-old. This compares with the situation in 2012, for example, where in the region of 89% of the fleet were older than four years and only 1 in 50 (i.e. 2%) of the fleet was less than one-year old.
With regard to modern communications technology, I am informed by the Garda authorities that with the exception of Ministerial and Details vehicles, all other vehicles attached to the Garda fleet are fitted out with radios suitable to meet operational requirements. All operational Garda vehicles are fitted with a secure Tetra mobile radio, which ensures the vehicle is contactable throughout the State and includes a link to the Automatic Vehicle and Personnel Location System (AVPLS) which displays the location of the Garda vehicle in Garda Control Rooms.
233. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the progress to date in combatting gangland feuds with particular reference to ensuring that the rule of law applies; and if he will make a statement on the matter. [33480/17]
View answerThe Deputy will appreciate that the response to gang-related violence and crime is ongoing and we must remain adaptable to changing circumstances in pursuing a comprehensive and robust response to gang-related violence and crime. I remain in close contact with the Commissioner and I will continue to provide every support possible to enable An Garda Síochána face down the threat posed by violent criminal gangs.
As the Deputy is aware, the Government has enacted new legislation to further target criminal activities including the Proceeds of Crime (Amendment) Act 2016 which provides additional powers for Gardaí; in particular, powers to allow in certain circumstances for the immediate seizure of assets suspected of being the proceeds of crime to prevent them being disposed of. The thresholds applying under the Proceeds of Crime Act 1996 are also to be reduced from €13,000 to €5,000.
We have also made new regulations to reduce the prescribed amount of cash suspected of being the proceeds of crime which can be seized, from €6,500 to €1,000. In addition, the Misuse of Drugs (Amendment) Act 2016, brought forward by the Minister for Health, has new provisions to counteract the illegal sale of prescription drugs.
On 5 July 2016, Government approval was granted in relation to enhancing and updating legislation for the lawful interception of communications and for covert electronic surveillance, and work in this regard is ongoing. My Department and An Garda Síochána are also considering if there are any other legislative measures which might strengthen the response to the activities of organised crime groups.
We have also seen the introduction of rules of court to complete the establishment of a second Special Criminal Court, so that it can deal with the backlog of cases on hand.
The Deputy is aware of the substantial investments which have been made in policing resources. Indeed, for 2017, a further allocation of €88.5 million for Garda overtime has been made available which will facilitate the continuation of large-scale policing operations, including those targeting gangland crime, burglary and terrorist activities.
Garda operational responses to gang-related crime in Dublin are coordinated under Operation Hybrid. As of 18 May 2017, there have been 56 arrests in relation to gang-related killings, with 5 persons charged in connection with those murders and a further 3 persons charged with related offences. In addition, 26 firearms have been seized and over 11,900 lines of enquiry conducted. In excess of 31,550 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.
We have also seen unprecedented cooperation between Irish and Spanish authorities leading to important arrests and seizures, with police officers from both jurisdictions participating in successful joint operations in Ireland and in Spain. There has also been an important arrest of a suspect in the Netherlands and I am committed to ensuring that Gardaí will continue to have all necessary supports to continue their pursuit of criminal groups in cooperation with other police forces as required.
The new dedicated Armed Support Unit for the Dublin Metropolitan Region was launched on 14 December 2016, and is now operational on a 24/7 basis. The establishment of the new ASU had been a particular priority given the identified need to enhance armed support capability in Dublin and to free up the resources of the Emergency Response Unit. All the necessary resources have been provided to equip the new ASU and we have also taken steps to upgrade the equipment available to the Emergency Response Unit and the Special Detective Unit.
During 2016, the Garda Commissioner established a Special Crime Task Force to target a number of organised crime gangs based in the Dublin area with particular emphasis on the second and third level criminals. As part of the setting up of this unit, which is under the control of the Garda National Drugs and Organised Crime Bureau, 6 additional Garda members and 1 Sergeant were seconded to the Bureau to assist in the investigations into the persons identified to trace and target any assets which have been generated through their criminal conduct.
Asset Profilers trained by the Bureau provide a criminal asset profiling service in each Garda Division in relation to persons or suspects operating within their area, with particular reference to those involved in serious criminal activity. Currently the number of trained Garda Asset Profilers is 288, plus Revenue Customs and Social Protection trained asset profilers, making a total of 311 asset profilers throughout the State.
Underpinning all these measures is this Government's commitment to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Appointments will also be made to the Garda Reserve of approximately 300.
234. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which all first time prisoners have access to rehabilitative education or training and are segregated from hardened habitual offenders with a view to interrupting their involvement in crime; and if he will make a statement on the matter. [33481/17]
View answerI am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
Each prisoner, on Committal, is initially placed in a dedicated Committal Unit. They will be assessed during the committal and induction period to determine any risks and will be interviewed by the Governor and informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The Irish Prison Service began recruiting Assistant Psychologists to the Psychology Service in 2016. Assistant Psychologists focus primarily on mental health and sentence management work with prisoners. Specifically, Assistant Psychologists are tasked with completing Strength, Risk and Needs Assessments of young persons, 18-24 years, who are committed to custody on a sentence of one year or more and who do not have a post release supervision order, to better inform their sentence progression and appropriate interventions. The intention of this focussed approach is to assist young persons committed to custody in living law-abiding and purposeful lives on their release to the community. The Probation Service have recently joined this initiative by engaging in assessments with those 18-24 year olds who do have post release supervision orders.
The development of prisoner programmes forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
As well as seeking to draw on best practice in adult and further education in the community, there has been a lot of curriculum development over the years that is specific to prison circumstances, such as courses on addiction, health issues and offending behaviour.
The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Prison Service through the Education and Training Boards . Education in prisons is delivered in partnership between the Education and Training Boards and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. The partnership endeavours to meet the needs of students through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on Quality and Qualification Ireland "QQI" accreditation as the modular structure best meets the needs of students in prison. On some occasions, prisoners may have to wait for a place to become available on an educational programme.
Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts and in preparing prisoners for release and supporting their transition to life, and often to education, on the outside. A top priority for the Irish Prison Service is ensuring help for those with reading and writing problems and peer mentoring programmes are currently active in all of our prisons.
Prison Management are keen to ensure that all prisoners have access to education and training, including those who are segregated. Education classes are provided to those who are segregated, as appropriate, and they are provided with reading materials, education and art resources.
The Director General of the Irish Prison Service has appointed a high-level Group to introduce a standard Risk Assessment Tool for use throughout the prison estate. This Risk Assessment Tool will include provisions for the assessment of people in custody for suitability for cell-sharing, for moves within individual prisons and other operational decisions. The Assessment Tool is currently being developed with professional advice and assistance from the State Claims Agency, and is very much at an advanced stage and is subject to the usual operational and security considerations.
235. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of males and females serving prison sentences; the degree to which the numbers have fluctuated in the past five years; and if he will make a statement on the matter. [33482/17]
View answerAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including those serving prison sentences, on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie
The average number of prisoners in custody in Ireland has decreased in the last 5 years as outlined in the table:
|
Daily Average |
Male |
Female |
Total |
|
Year 2016 |
3,578 |
140 |
3,718 |
|
Year 2015 |
3,591 |
131 |
3,722 |
|
Year 2014 |
3,765 |
150 |
3,915 |
|
Year 2013 |
4,002 |
156 |
4,158 |
|
Year 2012 |
4,166 |
152 |
4,318 |
236. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prisoners on early or temporary release; the number of these that have previously been released and complied with the terms of their release; and if he will make a statement on the matter. [33483/17]
View answerI am advised by the Irish Prison Service that 252 prisoners were on temporary release on the 10 July 2017, of these 74 prisoners were engaged in the Community Return Scheme and 104 prisoners on the Community Support Scheme. The Irish Prison Service publishes figures in relation to the number of prisoners currently on temporary release on their website www.irishprisons.ie on a daily basis.
I am advised by the Irish Prison Service that information is not collated in the format requested by the Deputy, however I can inform the Deputy that compliance with the conditions of previous periods of temporary release is a deciding factor when considering current and future applications.
237. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of prison spaces available in all prisons here; the number of incidents in respect of which more than one person shares a cell; and if he will make a statement on the matter. [33484/17]
View answerAs the Deputy is aware the Irish Prison Service collates and publishes the prisoner population breakdown, including the number of prison spaces available in all prisons, on a daily basis and this information is available on the Irish Prison Service website www.irishprisons.ie.
The Irish Prison Service collates a quarterly census on cell occupancy and the number of incidents in respect of which more than one person shares a cell are outlined in the April 2017 census below:
|
Prison |
No of prisoners in single cell |
No of prisoners in double cell |
No of prisoners in triple cell |
No of prisoners in 4+ cell |
|
Arbour Hill |
95 |
38 |
3 |
0 |
|
Castlerea |
128 |
184 |
9 |
0 |
|
Cloverhill |
67 |
78 |
192 |
0 |
|
Cork |
49 |
214 |
0 |
0 |
|
Limerick |
108 |
114 |
18 |
0 |
|
Loughan House |
77 |
56 |
0 |
0 |
|
Midlands |
368 |
422 |
6 |
20 |
|
Mountjoy Male |
553 |
0 |
0 |
0 |
|
Mountjoy Female |
68 |
42 |
0 |
0 |
|
Portlaoise |
151 |
76 |
3 |
0 |
|
Shelton Abbey |
37 |
12 |
9 |
54 |
|
Training Unit |
59 |
0 |
0 |
0 |
|
Wheatfield |
280 |
160 |
0 |
0 |
|
Total |
2,040 |
1,396 |
240 |
74 |
I can inform the Deputy that all committals are assessed upon arrival to prison. This assessment process also seeks to ensure that wherever possible, prisoners are accommodated in cells appropriate to their needs. Some prisoners are more suited to multi-occupancy cells, while others are more suited to single-cell occupancy. It should be borne in mind that in certain cases prisoners are housed together for reasons other than lack of capacity. Family members and friends often elect or are assigned a shared cell. Shared cell accommodation can be very beneficial from a management point of view particularly for those who are vulnerable and at risk of self-harm.
In addition, the Director General of the Irish Prison Service has appointed a high-level Group to introduce a standard Risk Assessment Tool for use throughout the prison estate. This Risk Assessment Tool will include provisions for the assessment of people in custody for suitability for cell-sharing, for moves within individual prisons and other operational decisions. The Assessment Tool is currently being developed with professional advice and assistance from the State Claims Agency, and is very much at an advanced stage and is subject to the usual operational and security considerations.
238. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which he is satisfied that all prisoners serving a sentence for the first time have an opportunity to avail of education and rehabilitative training; and if he will make a statement on the matter. [33485/17]
View answerI am advised by the Irish Prison Service that it provides a wide range of rehabilitative programmes to those in custody that include education, vocational training, healthcare, psychiatric, psychological, counselling, welfare and spiritual services. These programmes can offer purposeful activity to those in custody while serving their sentences and encouraging them to lead law abiding lives on release. These programmes are available in all prisons and all prisoners are eligible to use the services.
Each person in custody, on Committal, is initially placed in a dedicated Committal Unit. They will be assessed during the committal and induction period to determine any risks and will be interviewed by the Governor and informed of the services available in the prison. At this point prisoners may be referred to services or they can self refer at a later date. Where Governors consider, on the information available, that a prisoner needs a particular intervention they will initiate a referral.
The IPS began recruiting Assistant Psychologists to the IPS Psychology Service in 2016. Assistant Psychologists focus primarily on mental health and sentence management work with persons in custody. Specifically, Assistant Psychologists are tasked with completing Strength, Risk and Needs Assessments of young persons, 18-24 years, who are committed to custody on a sentence of one year or more and who do not have a post release supervision order, to better inform their sentence progression and appropriate interventions. The intention of this focussed approach is to assist young persons committed to custody in living law-abiding and purposeful lives on their release to the community. The Probation Service have recently joined this initiative by engaging in assessments with those 18-24 year olds who do have post release supervision orders.
The development of programmes for people in custody forms a central part of the Irish Prison Service Three Year Strategic Plan 2016 - 2018. There is a clear commitment in the Strategy to enhance sentence planning through Integrated Sentence Management and the delivery of prison based rehabilitative programmes.
As well as seeking to draw on best practice in adult and further education in the community, there has been a lot of curriculum development over the years that is specific to prison circumstances, such as courses on addiction, health issues and offending behaviour.
The guiding principles which underpin the prisons' work and training service are to make available, work, work-training and other purposeful activities to all those in custody. Training activities are chosen to give as much variety as possible and also to give opportunities for those in prison to acquire practical skills which will help them secure employment on release. Work Training Officers have been appointed and assigned to areas such as catering, laundry, industrial cleaning, industrial skills and gym.
The Irish Prison Service has also been expanding the number of accredited courses and opportunities available to prisoners in Work Training in recent years. Enhanced partnership arrangements with accrediting bodies such as City and Guilds and the Guild of Cleaners and Launderers and the centralising of coordination and quality assurance arrangements have enabled us to extend the number of available courses and activities with certification.
The Department of Education and Skills provides an allocation of 220 whole time teacher equivalents to the Prison Service through the Education and Training Boards (ETB). Education in prisons is delivered in partnership between the ETBs and the Irish Prison Service with a focus on providing education which is quality assured, student centred and which facilitates lifelong learning. The partnership endeavours to meet the needs of students through helping them cope with their sentence, achieve personal development and prepare for life after release. A broad and flexible curriculum is provided which ranges from basic literacy classes and peer led tutoring to Open University. There is an increasing focus on QQI accreditation as the modular structure best meets the needs of students in prison. On some occasions, people in custody may have to wait for a place to become available on an educational programme.
Other areas where there has been significant progress in prison education are in physical education, in the provision for higher education, in the arts and in preparing people for release and supporting their transition to life, and often to education, on the outside. A top priority for the Irish Prison Service is ensuring help for those with reading and writing problems and peer mentoring programmes are currently active in all of our prisons.
The Education Service and Prison Management are keen to ensure that all persons in custody have access to education and training, including those who are segregated. Education classes are provided to those who are segregated, as appropriate, and they are provided with reading materials, education and art resources.
The Director General of the Irish Prison Service has appointed a high-level Group to introduce a standard Risk Assessment Tool for use throughout the prison Estate. This Risk Assessment Tool will include provisions for the assessment of people in custody for suitability for cell-sharing, for moves within individual prisons and other operational decisions. The Assessment Tool is currently being developed with professional advice and assistance from the State Claims Agency, and is very much at an advanced stage and is subject to operational and security considerations.
239. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of gardaí injured in the course of duty in the past five years; and if he will make a statement on the matter. [33486/17]
View answerI have requested the information sought by the Deputy from the Garda Commissioner in relation to the number of Gardaí injured in the course of duty in the past five years and I will write to the Deputy on receipt of same.
240. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the likely extent of reorganisation of An Garda Síochána in the aftermath of various inquiries with a view to restoring confidence and support for the force; and if he will make a statement on the matter. [33487/17]
View answerThe Deputy will be aware that there is an extensive programme of reform underway arising from reports into An Garda Síochána, some arising from inquiries into allegations of misconduct, others from reviews into aspects of the operation and administration of the organisation. While these have made, and continue to make, an invaluable contribution to ensuring that we have an effective police service, they were not tasked with examining policing in a “root and branch” manner. In addition institutional arrangements for governance and oversight have evolved significantly in recent years in a piecemeal fashion.
An Garda Síochána is approaching its 100th anniversary. Its members have served with dedication and courage over the decades with some, sadly, having made the ultimate sacrifice, but Ireland is a very different country today than it was at its foundation. It is facing challenges rooted in the rapidly changing nature of society and of crime.
In these circumstances, it is right that we take a step back to ask some fundamental questions about how our State should be policed in the future, what structures are appropriate - is a single police and security service still the best model, to whom should it be accountable, what sort of culture should it embody? I believe the decision taken by Government to establish an independent Commission on the Future of Policing in Ireland, to be chaired by Ms Kathleen O'Toole, will prove to be a very important one capable of leaving a valuable legacy.
An important consideration in establishing the Commission was that it would not impede the existing reform programme. The Commission is to report by September 2018 and much can be done in the meantime to modernise the administration and operation of An Garda Síochána. I am determined that there will be no let-up in the reform drive. The work of the oversight bodies must continue and the Government's support for An Garda Síochána by providing the necessary resources for recruitment and investment must continue.
Crucially, the Commission may bring forward immediate proposals and rolling recommendations for implementation, that it considers are required to be addressed in the short-term, and in advance of its final report. This will allow the reform programme to be adjusted as necessary to ensure that it will deliver a police service fit for modern times.
241. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the scale and value of assets seized by the Criminal Assets Bureau in the past five years; if all such properties have been disposed and the proceeds retained by the State; the status of such properties not yet disposed of in this context; and if he will make a statement on the matter. [33488/17]
View answerThe Criminal Assets Bureau takes actions under the Proceeds of Crime Acts 1996 to 2016 to deprive or to deny persons of assets which derive, or are suspected to derive, directly or indirectly from criminal conduct; or the benefit of such assets.
Sections 2 and 3 of the Proceeds of Crime Act 1996 provide the mechanism under which the Bureau can apply to the High Court seeking to freeze or restrain a person /entities dealing with a specific asset. In accordance with these provisions, the High Court may, in circumstances where an interim order or interlocutory order under that legislation is in place, appoint a receiver in respect of the property to which the order relates.
Section 4 provides for the transfer of property to the Minister for Public Expenditure and Reform. This Section refers to assets which have been deemed to be the proceeds of criminal conduct, for a period of not less than seven years, and over which no valid claim has been made under Section 3(3) of the Proceeds of Crime Act.
Section 4A allows for a consent disposal order to be made by the respondent, thus allowing the property to be transferred to the Minister for Public Expenditure and Reform in a period shorter than seven years.
In accordance with the provisions of the Criminal Assets Bureau Act 1996 an annual report on the activities of the Bureau is prepared and laid before the Houses of the Oireachtas.
The reports include details of the number of receivership orders obtained, the values of such orders and the amounts realised by the Bureau to the Minister for Public Expenditure and Reform for the benefit of the Central Exchequer in the particular year. The Annual Reports are available in the Oireachtas library and on the website of An Garda Síochána and my Department. The Annual Report of the Bureau for 2016 is awaiting publication in the coming weeks.
For the information of the Deputy I have included in the answer provided information in tabular format outlining the monies returned to the Exchequer by the Bureau during the period requested as well as the monetary values in relation to orders obtained by the Bureau under the Proceeds of Crime Acts 1996 and 2005 for the same period.
Table A.
Monies returned to the Exchequer by the Bureau
|
Year |
Proceeds of Crime Act 1996/2005 € |
Revenue Legislation € |
Social Welfare Provisions € |
|
2012 |
4,850,540 |
1,967,925 |
393,797 |
|
2013 |
1,038,681 |
5,418,000 |
287,380 |
|
2014 |
467,152 |
3,017,000 |
335,911 |
|
2015 |
1,642,962 |
2,038,000 |
185,354 |
|
* 2016 |
1,412,920 |
2,106,000 |
297,430 |
|
Total |
9,412,255 |
14,546,925 |
1,499,872 |
* The figures for 2016 have not yet been published and are included in the CAB Annual Report for the year end 2016.
Table B.
Monetary values obtained under the Proceeds of Crime Act 1996 & 2005
|
Year |
Interim Orders under Section 2 € |
Interlocutory Orders under Section 3(1) € |
Variation Orders under Section 3(3) € |
|
2012 |
2,110,335 |
2,017,512 |
741,552 |
|
2013 |
2,821,305 |
2,180,940 |
N/A |
|
2014 |
6,760,182 |
1,563,842 |
N/A |
|
2015 |
941,079 |
7,225,092 |
N/A |
|
* 2016 |
643,063 |
1,919,262 |
N/A |
|
Year |
Disposal Orders under Section 4 € |
Consent Disposal Orders under Section 4A € |
Receivership Orders under Section 7 € |
|
2012 |
4,084,489 |
766,051 |
1,952,233 |
|
2013 |
852,195 |
186,485 |
2,360,698 |
|
2014 |
460,222 |
6,930 |
7,195,091 |
|
2015 |
1,352,153 |
290,809 |
958,846 |
|
* 2016 |
289,075 |
1,123,845 |
887,580 |
Some figures include sums converted from other currencies
* The figures for 2016 have not yet been published and are included in the CAB Annual Report for the year end 2016.
242. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which extra gardaí are likely to be deployed to County Kildare in the near future; and if he will make a statement on the matter. [33489/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
I am informed by the Commissioner that, as of the 31 May 2017, there were 329 Garda together with 21 Garda Reserves and 31 civilians attached to the Kildare 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.
This Government is committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and to deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner, since the reopening of the Garda College in September 2014, that almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide, 60 of whom were assigned to the Kildare Division. I am also informed that a further four hundred Garda recruits are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division, including the Kildare Division, in the coming years.
In so far as the allocation of newly attested Gardaí is concerned, this is a matter for the Garda Commissioner. I am assured by the Commissioner that the needs of all Garda Divisions are fully considered when determining the allocation of resources. However, it is important to keep in mind that newly attested Gardaí have a further 16 months of practical and class-room based training to complete in order to receive their BA in Applied Policing. To ensure that they are properly supported and supervised and have opportunities to gain the breadth of policing experience required, the Commissioner's policy is to allocate them to specially designated training stations which have the required training and development structures and resources in place, including trained Garda tutors and access to a permanently appointed supervisory Sergeant who is thoroughly familiar with their responsibilities under the training programme.
243. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which resources continue to be made available for the pursuit of cold cases including those of missing persons whose whereabouts have never been confirmed; and if he will make a statement on the matter. [33490/17]
View answerAs the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the Serious Crime Review Team (SCRT) continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
At the conclusion of each review by the SCRT, a substantive report is provided to the Senior Investigating Officer who considers the opportunities for further investigation. Any recommendation of organisational effect is disseminated within the Garda organisation to improve the overall investigative capability of An Garda Síochána.
As the Deputy will be aware, the provision and allocation of Garda resources is a matter for the Garda Commissioner in the light of identified operational demands. In this regard I am informed that the SCRT continues to review serious cases that remain unsolved and continues to identify evidence and witnesses to assist in the development of these cases.
244. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the number of promotions at all levels in An Garda Síochána made in the past 12 months; the number of vacancies still to be filled; and if he will make a statement on the matter. [33491/17]
View answerThe Deputy will be aware the Policing Authority assumed responsibility for appointments to the senior ranks of Superintendent, Chief Superintendent and Assistant Garda Commissioner with the commencement of the remaining provisions of the Garda Síochána (Policing Services and Miscellaneous Provisions) Act 2015 and related Regulations on 1 January 2017.
Prior to this, appointments to the senior ranks where made by the Government at the request of the Garda Commissioner. The Government made 39 appointments to the senior ranks of An Garda Síochána from 30 June 2016 to the 31 December 2016 as follows: 1 to the rank of Assistant Commissioner, 13 to the rank of Chief Superintendent and 25 to the rank of Superintendent. These appointments were to fill vacancies that had arisen and were within the agreed strength of the Employment Control Framework (ECF).
The Chairperson of the Policing Authority has written to me to advise that the Authority has recently completed a selection competition for appointment to the rank of Chief Superintendent in the Garda Síochána. In accordance with the regulations the Authority established a panel of 15 candidates in the order of merit determined by the Selection Board. Appointments will be made from this panel subject to the Authority’s clearance process for candidates.
This is the second selection competition undertaken and completed by the Authority since their functions in relation to senior Garda appointments were commenced on 1 January 2017. I understand that a competition for the rank of Superintendent is also underway and due to be completed by the end of July, that appointments have already been made to 3 positions at Assistant Commissioner rank and that the clearance process is underway with a view to making Chief Superintendent appointments in the coming weeks.
Appointments to the ranks of Sergeant and Inspector are a matter for the Garda Commissioner under section 14 of Garda Síochána Act 2005. Information in relation to the number of promotions to the rank of Sergeant and Inspector has been requested from the Garda Commissioner and I will forward this information directly to the Deputy when it is to hand.
For the Deputy's information I have set out below the number of vacancies in the ranks of An Garda Síochána having regard to the approved ECFs for each rank as provided by the Commissioner.
Vacancies in the ranks of An Garda Síochána - 31 May 2017
|
RANK |
STRENGTH |
|
Chief Superintendent |
5 |
|
Superintendent |
2 |
|
Sergeant |
81 |
245. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the action that continues to be taken to address the issue of threats and intimidation against individual members of An Garda Síochána; and if he will make a statement on the matter. [33492/17]
View answerI am sure the Deputy will agree that we are all immensely grateful to An Garda Síochána for their outstanding dedication and commitment and for the important role, all too frequently putting themselves in danger, that they play in our society. It is imperative that Gardaí are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.
The Criminal Justice (Public Order) Act 1994 (as amended) provides explicit statutory protection for peace officers, including members of the Garda Síochána, in relation to offences involving assault to or obstruction of a peace officer in the execution of his or her duty. Section 19 of that Act provides that any person who assaults a peace officer acting in the execution of his or her duty is guilty of an offence and is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years. This maximum prison penalty was, in fact, increased from a 5 year term under the Criminal Justice Act of 2006.
The general law relating to assault is contained in the Non-Fatal Offences against the Persons Act 1997 which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties. The assault and related provisions in that Act apply to assaults on all sectors of our community which of course also includes members of the Garda Síochána.
The Deputy will be aware that this Government remains committed to ensuring a strong and visible police presence throughout the country in order to maintain and strengthen community engagement, provide reassurance to citizens and deter crime. To make this a reality for all, the Government has in place a plan to achieve an overall Garda workforce of 21,000 personnel by 2021 comprising 15,000 Garda members, 2,000 Reserve members and 4,000 civilians. In 2017, funding has been provided for the recruitment of 800 Garda recruits and up to 500 civilians to support the wide ranging reform plan in train in An Garda Síochána. Funding has also been provided for the recruitment of 300 Garda Reserves.
This plan is progressing apace. I am informed by the Commissioner that since the reopening of the Garda College in September 2014, almost 1,200 recruits have attested as members of An Garda Síochána and have been assigned to mainstream duties nationwide. I am also informed that a further four hundred are scheduled to attest later this year which will see Garda numbers, taking account of projected retirements, increase to around the 13,500 mark by year end - an increase of 500 since the end of 2016.
This focus on investment in personnel is critical. The moratorium on recruitment introduced in 2010 resulted in a significant reduction in the strength of An Garda Síochána. We are now rebuilding the organisation and providing the Commissioner with the resources she needs to allow her to deploy increasing numbers of Gardaí across every Garda Division in the coming years.
This investment in personnel is complemented by substantial investment in resources across the board for An Garda Síochána. The Deputy will be aware of the significant resources that have been made available to An Garda Síochána under the Government's Capital Plan 2016 - 2021. In particular, some €205 million in additional funding for Garda ICT and €46 million for new Garda vehicles has been allocated over the lifetime of the plan. This investment will facilitate the provision of more effective policing services and I have no doubt that these new resources now coming on stream will see an increase in Garda visibility in our communities.
246. Deputy Thomas P. Broughan asked the Minister for Justice and Equality the number of test purchases carried out under the Intoxicating Liquor Act 2008 on a county basis in each of the years 2014 to 2016 and to date in 2017, by county, in tabular form. [33523/17]
View answerAs the Deputy will be aware, the Intoxicating Liquor Act 1988, as amended, makes provision for the test purchasing of intoxicating liquor. These provisions give Gardaí an important additional mechanism to facilitate the targeting of licensed premises which are suspected of engaging in illegal sales of intoxicating liquor to persons under 18 years of age.
I regret that I do not have the specific information sought by the Deputy at this time. However, I have sought an update from the Garda authorities and I will contact the Deputy again when this information is to hand.
247. Deputy Thomas Byrne asked the Minister for Justice and Equality the number of gardaí assigned to each district in the Meath Garda Division. [33534/17]
View answerAs the Deputy will appreciate, it is the Garda Commissioner who is responsible for the distribution of resources, including personnel, among the various Garda Divisions and I, as Minister, have no direct role in the matter. Garda management keeps this distribution of resources under continual review in the context of crime trends and policing priorities so as to ensure that the optimum use is made of these resources. I am informed by the Commissioner that in regard to the deployment of Garda personnel, a distribution model is used which takes into account all relevant factors including population, crime trends and the policing needs of each individual Garda Division. It is the responsibility of the Divisional Officer to allocate personnel within his/her Division.
For the Deputy's information I have set out in the table the strength of the Meath Division by station provided by the Commissioner, as of 31 May 2017 (the latest date for which figures are currently available).
Meath Division Strength 31 May 2017
|
DISTRICT |
STATION |
TOTAL |
|
ASHBOURNE |
ASHBOURNE |
46 |
|
DULEEK |
5 |
|
|
DUNBOYNE |
16 |
|
|
DUNSHAUGHLIN |
23 |
|
|
LAYTOWN |
21 |
|
|
TOTAL: |
111 |
|
|
KELLS |
BAILE ÁTHA BUÍ |
5 |
|
KELLS |
33 |
|
|
OLDCASTLE |
3 |
|
|
TOTAL: |
41 |
|
|
NAVAN |
NAVAN |
90 |
|
NOBBER |
3 |
|
|
SLANE |
4 |
|
|
TOTAL: |
97 |
|
|
TRIM |
BALLIVOR |
2 |
|
ENFIELD |
3 |
|
|
LONGWOOD |
2 |
|
|
SUMMERHILL |
2 |
|
|
TRIM |
36 |
|
|
TOTAL: |
45 |
|
|
MEATH TOTAL: |
294 |
