Written Answers Nos. 112-122
112. Deputy Paul Murphy asked the Minister for Justice and Equality the status of the State's ratification of the optional protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. [8856/16]
View answer114. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when Ireland will ratify the optional protocol to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment which was signed in 2007; and if she will make a statement on the matter. [8863/16]
View answerI propose to take Questions Nos. 112 and 114 together.
I refer the Deputies to my reply to Parliamentary Questions Nos. 357 and 358 of 6 April 2016 setting out the position.
Reply to Parliamentary Questions Nos. 357 and 358 of 6 April 2016.
The Deputy is referring to OPCAT or Optional Protocol to the United Nations Convention against Torture and Other Cruel, Inhuman and Degrading Treatment and Punishment.
Ireland is a signatory to the protocol and will ratify it, once the necessary legislation is in place to provide for National Preventative Mechanisms (NPMs) to inspect places of detention for the purposes of the protocol.
As part of the process of identifying the appropriate NPMs, consultation with civil society, including a wide range of statutory bodies and agencies, non governmental organisations and academics with an interest in the topic is underway. An Open Policy Debate hosted by the Department of Justice and Equality in November 2015 provided an opportunity for the various parties to come together and discuss options for NPMs. Building on this, proposals are being further developed to facilitate the ratification of the OPCAT.
113. Deputy Thomas P. Broughan asked the Minister for Justice and Equality when she will introduce a fully independent prisoner complaints mechanism; the barriers to introducing such a mechanism; and if she will make a statement on the matter. [8862/16]
View answerThe current prisoner complaints system was introduced in the Irish Prison Service in November 2012 based on a model recommended by the Inspector of Prisons who has independent oversight of the process. It was introduced in acknowledgment that prisoners must have access to a credible and robust system that deals with genuine complaints in an open, transparent, and independent way.
The system is categorised depending on the nature of the complaint. Category A complaints concern the most serious level of complaint (assault, serious intimidation by staff etc.). Category B complaints include allegations of discrimination, verbal abuse by officers and inappropriate searches. Category C complaints are essentially service complaints where a prisoner is unhappy with the level of service in a particular prison. Category D complaints are those alleging misconduct or mistreatment by professionals providing services to prisoners such as doctors, dentists etc.
To support and give effect to these new complaint procedures the then Minister announced amendments to the Prison Rules in January 2013. In the main, the amendments provide that prisoner complaints under Category A will be examined by investigators from outside the Prison Service to ensure an effective and impartial investigation. The complainant is to be kept informed and the reports by outside investigators are automatically submitted to the Governor in question, the Director General and the Inspector of Prisons. The Inspector has had oversight of the process from the very beginning which was also strengthened by extra resources assigned to his office.
A panel of 22 Independent Investigators was established following a selection and interview process.
It should be noted that, in addition to the complaints system described above, a prisoner may make a complaint about treatment in custody through a number of other channels, including the Prison Visiting Committee and the Inspector of Prisons.
Finally, the Inspector of Prisons, who is independent of Government, has carried out a review of the prisoner complaints procedure currently in operation in the Irish Prison Service and has made a number of recommendations, including one relating to a possible role for an Ombudsman. My officials and I are currently examining those recommendations.
115. Deputy Thomas P. Broughan asked the Minister for Justice and Equality to seek a detailed report from the Garda Commissioner regarding the Garda Síochána Operation Butler; and if she will make a statement on the matter. [8865/16]
View answerI am advised by the Garda authorities that Operation Butler is an ongoing, intelligence-led Garda investigation concerning the importation and sale of stolen vehicles from the UK, primarily vans and commercial vehicles. The operation has involved coordinated searches in the Districts of Granard, Longford, Cavan and Tallaght. To date, 20 stolen vans/commercial vehicles and 1 stolen motor home have been recovered by the Garda Síochána. I am informed that while no arrests have been made to date as the investigation is ongoing with numerous lines of enquiry currently being conducted it would not be appropriate to further comment in relation to an ongoing investigation.
116. Deputy Peadar Tóibín asked the Minister for Justice and Equality further to Parliamentary Question No. 336 of 14 April 2016, the length of time each of the sites listed have been vacant. [8891/16]
View answerI wish to inform the Deputy that it has not been possible to provide the information requested in the time available. I will write to the Deputy directly when this information is to hand.
117. Deputy Bernard J. Durkan asked the Minister for Justice and Equality if she has considered proscribing membership of criminal gangs; if such gangs have been proscribed in other jurisdictions; and if she will make a statement on the matter. [8914/16]
View answerThe question of providing for an offence of membership of a criminal gang, in a manner similar to the approach taken in the Offences Against the State Acts with regard to membership of a proscribed organisation, has arisen from time to time.
In this regard, it is important to understand the issues which arise in seeking to simply outlaw membership of a criminal gang in such a manner. Most significant is the fact that a criminal gang is not likely to have the permanency of organisation and structure that a subversive organisation or other more fixed group would have. Relationships in criminal gangs tend to be more fluid with shifting memberships, alliances and a membership which may depend on circumstance.
I therefore understand the Deputy's question to relate to organised criminal groups.
In this regard, criminal legislation has been updated in recent years, with a view to ensuring that it provides a comprehensive range of provisions for the prosecution and punishment of crime, in particular the activities of those involved in organised crime.
Part 7 of the Criminal Justice Act 2006 (as amended by the Criminal Justice (Amendment) Act 2009) establishes a number of offences targeting the activities of those involved in organised crime. These offences include participation in a criminal organisation and directing a criminal organisation. The latter offence specifically targets those in criminal organisations who give the orders without requiring their direct participation in the commission of criminal offences. On conviction, this offence carries a penalty of up to life imprisonment.
The Criminal Justice Act 2006 also makes it an offence to conspire with one or more persons to do an act that constitutes a serious offence, irrespective of whether such act actually takes place or not.
Evidential provisions as to the existence of a criminal organisation were introduced aiding prosecution for the offences under the Act. Provision was also introduced so that where a serious offence is committed as part of or in furtherance of a criminal organisation, it shall be treated as an aggravating factor for the purpose of determining sentence.
With regard to the situation internationally, the question of how best to deal with participation in and/or directing a criminal organisation through the criminal law has been the subject of debate in the development of common international standards. Relevant international instruments to which Ireland is a party are the European Union Council Framework Decision 2008/841/JHA on the fight against organised crime and the United Nations Convention Against Transnational Organized Crime. State Parties to these instruments are required to give effect to the measures set out therein. Ireland has done so through domestic criminal law including the legislation outlined above.
118. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which membership of An Garda Síochána will increase over the next twelve months, given natural retirements and resignations; and if she will make a statement on the matter. [8915/16]
View answerAs the Deputy will be aware, the Garda Commissioner is responsible for the distribution of personnel among the Garda Regions, Divisions, and Districts. Garda management keep this distribution under continual review in the context of crime trends and policing priorities so as to ensure that the best possible use is made of resources. I am informed by the Garda Commissioner that the overall number of personnel available to An Garda Síochána on the 29 February 2016 was close to 16,000 comprising 12,785 Gardaí, 932 Garda Reserve members and over 2,000 civilians.
The Deputy will appreciate it is vital that An Garda Síochána is renewed in order to ensure that it has the capacity to provide effective and visible policing throughout the country. With this objective in mind, there have been seven intakes of Garda Trainees to the Garda College since it was reopened in September 2014 giving a total intake of 700. A further 450 will be taken in this year. So far 395 of the new Garda Trainees have attested as members of An Garda Síochána and have been assigned to mainstream uniform duties in communities nationwide.
It is expected that a further 300 Garda Trainees will attest by the end of this year which, taking account of projected retirements, will bring Garda numbers to around the 13,000 mark. This does not, of course, take account of any proposals that may be agreed as part of the ongoing discussions on the formation of a Government.
119. Deputy Bernard J. Durkan asked the Minister for Justice and Equality the extent to which the legal aid system continues to be most beneficial to hardened criminals and members of criminal gangs; the extent to which statistics are available which might indicate specific trends in this area; and if she will make a statement on the matter. [8916/16]
View answerThe Criminal Justice (Legal Aid) Act 1962 provides that free legal aid may be granted in certain circumstances for the defence of persons of insufficient means in criminal proceedings. Under the 1962 Act, the courts, through the judiciary, are responsible for the granting of legal aid. An applicant must establish to the satisfaction of the court that their means are insufficient to enable them to pay for legal representation themselves. The court must also be satisfied that, by reason of the "gravity of the charge" or "exceptional circumstances", it is essential in the interests of justice that the applicant should have legal aid. An applicant's previous convictions are not a criterion for access to legal aid under the Act and the legal aid system does not record whether or not persons granted legal aid are hardened criminals or members of criminal gangs. I have no function in these matters which are determined by the judiciary.
These provisions must have regard to the right to a fair trial, including the provision of legal aid where appropriate, which is a Constitutional right upheld by the courts in a number of judgments. The Supreme Court ruling in the case of State (Healy) v Donoghue [1976]I.R. 325 effectively determined that the right to criminal legal aid is, in circumstances which are quite wide in practice, a Constitutional right. Article 6(3)(c) of the European Convention on Human Rights states that "Everyone charged with a criminal offence has [the right] to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require". As the Deputy will be aware, an accused person is entitled to a presumption of innocence and legal representation and any obstacles to obtaining necessary legal aid which were found to be unreasonable could give a defendant an avenue for appeal or prohibition of the prosecution. The overriding concern is to ensure that no risk arises in relation to the prosecution of persons charged with criminal offences before the courts.
120. Deputy Eamon Scanlon asked the Minister for Justice and Equality when an application for Garda Síochána vetting will be finalised for a person (details supplied); and if she will make a statement on the matter. [8951/16]
View answerI am informed by the Garda authorities that a vetting application in respect of the person referred to has been received by the Garda Central Vetting Unit.
On processing the application the Garda Central Vetting Unit established that it was necessary to conduct further enquiries with external agencies which are still ongoing.
Enquiries with external agencies are conducted for a multiplicity of reasons such as verification of identity, updating of incomplete records and establishing outcomes of investigations. In such instances processing times are significantly longer than the general average.
The application will be returned to the registered organisation upon its completion.
121. Deputy Michael Healy-Rae asked the Minister for Justice and Equality her plans to address issues raised with regard to armed resources within An Garda Síochána (details supplied); and if she will make a statement on the matter. [8953/16]
View answerAs the Deputy will appreciate the deployment of the Garda personnel and resources is a matter for the Garda Commissioner. The balance between armed and unarmed members of the organisation, is of course, kept under review in the light of emerging challenges. In this regard, at the request of the Commissioner earlier this year, the Government moved decisively to strengthen the resources available to An Garda Síochána to deal with gang related crime in the Dublin area through a special allocation of €5 million to support the establishment of a dedicated Armed Support Unit in Dublin amongst other measures. Work is progressing as a matter of priority on the establishment of that unit.
As the Deputy may be aware, the Taoiseach and I recently met with senior Garda management and were briefed on the significant progress being made in investigations into recent gang-related murders in the Dublin region. As these appalling crimes are the subject of ongoing Garda investigations it would not be appropriate for me to make any more detailed comment at this time, however, I can assure the Deputy that I remain committed to ensuring that An Garda Síochána have the necessary resources to pursue the robust strategy which the Commissioner and her senior officers have put in place to oppose the violent thugs who have perpetrated such heinous crimes in our Capital City. The Garda response includes highly visible policing, the use of armed checkpoints and targeted and intelligence based operations, with a view to disrupting and preventing incidents as well as detecting and prosecuting those involved. These measures are in addition to the intensive Garda recruitment programme which is currently underway.
The recent investments in Garda resources are also supporting a wider countrywide drive against crime under Operation Thor and there will be ongoing support for anti-crime measures due to the very significant resources committed in the Capital Plan 2016-2021. This Plan includes an allocation of €46 million for new Garda vehicles to ensure that Gardaí can be mobile, visible and responsive on the roads and in the community. In addition, the Government is investing in enhanced Garda technology and ICT systems with an additional €205 million allocated for Garda ICT over the lifetime of the Plan.
I might add that heavy penalties are provided for weapons offences in our criminal law and mandatory minimum penalties have been introduced for certain firearms offences. The considerable powers already available to Gardaí have been supplemented further by the newly established DNA Database which will have the capacity to link suspects to unsolved crimes using forensic evidence, and will greatly assist Gardaí in investigating serious gun crimes and a whole range of other serious offences.
Needless to say there are enormous difficulties in counteracting those who are determined to perpetuate a cycle of mindless violence without any regard to human life of public safety. However, we should not lose sight of the fact that An Garda Síochána have in the past successfully faced-down gangs who believed they were above the law. I trust that all in this House will agree that the State must continue to take all appropriate measures to oppose and dismantle criminal gang networks and to disrupt the evil drugs trade which is at the heart of much of their activities.
122. Deputy Declan Breathnach asked the Minister for Justice and Equality the number of anti-social behavioural orders for which complaints were received, dismissed, investigated and orders issued, by county, over the past five years; and if she will make a statement on the matter. [8976/16]
View answerIn the time available it has not been possible to obtain the information sought by the Deputy. I have sought a report from the Garda authorities and a reply will be forwarded to the Deputy as soon as the report is to hand.
