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Written Answers — Department of Justice and Equality: Garda Strength (5 Dec 2017)

Charles Flanagan: I should say at the outset that the distribution of Garda personnel is exclusively the statutory responsibility of the Garda Commissioner. Notwithstanding the Commissioner's responsibility for the distribution of Gardaí, I have provided for the record a breakdown, in tabular form, of the detailed information requested by the Deputy as of 31 October 2017, the latest date for which...

Written Answers — Department of Justice and Equality: Garda Strength (5 Dec 2017)

Charles Flanagan: I should say at the outset that the distribution of Garda personnel is exclusively the statutory responsibility of the Garda Commissioner. Notwithstanding the Commissioner's responsibility for the distribution of Gardaí, I have provided for the record a breakdown, in tabular form, of the detailed information requested by the Deputy as of 31 October 2017, the latest date for which...

Written Answers — Department of Justice and Equality: Housing Management Companies (5 Dec 2017)

Charles Flanagan: The position is that the Multi-Unit Developments Act 2011 was enacted with the primary purposes of reforming the law relating to the ownership and management of common areas of multi-unit developments and facilitating the fair, efficient and effective management of owners' management companies (OMCs).  These are companies registered under the Companies Acts, the members of which are the...

Written Answers — Department of Justice and Equality: Prisoner Releases (5 Dec 2017)

Charles Flanagan: I am interpreting the reference to "miscarriages of justice" referred to in the Deputy's question as those persons who have received a conviction in the Courts and who, at a later time, have had that conviction quashed.  I wish to inform the Deputy that there is no statutory provision under the remit of my Department or the Irish Prison Service to provide specific services to persons who...

Written Answers — Department of Justice and Equality: Miscarriages of Justice (5 Dec 2017)

Charles Flanagan: I can inform the Deputy that I have no plans at present to establish an independent criminal cases review commission as outlined. The Criminal Procedure Act 1993 provides for a situation where a person stands convicted of an offence after appeal to the Court of Appeal and claims that a new or newly discovered fact shows that there has been a miscarriage of justice.  Under the Act,...

Written Answers — Department of Justice and Equality: Garda Overtime (5 Dec 2017)

Charles Flanagan: I propose to take Questions Nos. 250 and 269 together. As the Deputies will be aware, the allocation and management of the overtime budget is the responsibility of the Garda Commissioner having due regard to the available resources and his operational needs. In this context, I presented a supplementary estimate to the Select Committee last Thursday which provides for additional expenditure...

Written Answers — Department of Justice and Equality: Freedom of Information Data (5 Dec 2017)

Charles Flanagan: I propose to take Questions Nos. 251 and 252 together. The details of Freedom of Information requests processed by my Department in 2017 are set out in the following table.  Number of requests carried over from 2016 109 Number of Requests received up to 31 October 2017 659 Requests granted 132 Requests part granted 199 Requests refused 212 Transferred to other public bodies 2...

Written Answers — Department of Justice and Equality: Prison Drug Treatment Services (5 Dec 2017)

Charles Flanagan: The Irish Prison Service has advised that it is fully committed to supporting individuals who are seeking to address addiction issues through the availability of a comprehensive range of treatment options across the prison estate. As part of achieving this strategic action, the Irish Prison Service has committed in its Strategic Plan 2016 – 2018, to developing a Therapeutic Community...

Written Answers — Department of Justice and Equality: Garda Vetting (5 Dec 2017)

Charles Flanagan: Vetting for employment purposes is carried out by the Garda National Vetting Bureau in accordance with the provisions of the National Vetting Bureau (Children and Vulnerable Persons) Act 2012-2016 and other relevant laws.  The primary purpose of the arrangements that have been put in place is to support protection for children and vulnerable adults.  Neither I nor my...

Written Answers — Department of Justice and Equality: Tribunals of Inquiry (5 Dec 2017)

Charles Flanagan: I propose to take Questions Nos. 256 to 259, inclusive, and 284 together. Firstly, I am aware that Deputy sought to raise this matter at the Committee of Public Account on Thursday 23 November last.  I understand that while there was some discussion at the Committee, this was relatively brief. I also understand that the Chair of the...

Written Answers — Department of Justice and Equality: Garda Operations (5 Dec 2017)

Charles Flanagan: I have requested a Garda report in relation to the specific queries raised by the Deputy and I will be in contact with the Deputy directly immediately on receipt of a response from An Garda Síochána.  As the Deputy will be aware, I have previously put on record my deep concern at the serious failures of the Garda organisation in relation to mandatory alcohol testing...

Written Answers — Department of Justice and Equality: Ministerial Communications (5 Dec 2017)

Charles Flanagan: While the email accounts of the then Tánaiste and Minister for Justice and Equality and her advisors were not specifically examined as part of the recent trawl for documents, I can confirm that the email accounts of officials working in relevant areas of the Department were searched and that this exercise would of course encompass emails sent from or to the then Minister and...

Written Answers — Department of Justice and Equality: Independent Review Mechanism (5 Dec 2017)

Charles Flanagan: The Deputy is referring to the 320 cases which were considered by the Independent Review Mechanism (IRM). The reports provided by counsel and containing their recommendations to the Minister in each case constitute legal advice and they are, accordingly, subject to legal professional privilege. Issues of public policy arise here and I do not believe that it would be appropriate...

Written Answers — Department of Justice and Equality: Departmental Reform (5 Dec 2017)

Charles Flanagan: In the weeks following the Toland Review in 2014, the Department of Justice and Equality began a process of consultation and engagement to develop a Programme for Change and a delivery plan to implement the recommendations following that review.   Since 2014, considerable progress has been achieved on the delivery of that Programme, including but not limited to, reforming the...

Written Answers — Department of Justice and Equality: Departmental Reform (5 Dec 2017)

Charles Flanagan: Report of the Independent Review Group (Toland Report) 2014 Status of Recommendations Recommendation Culture: Status 1 A “Programme for Change” should be supported and facilitated by management resources from other parts of the Civil Service or from outside to assist the Department to migrate to a new culture, leadership, management and operating model which delivers a high...

Written Answers — Department of Justice and Equality: Prisoner Health (5 Dec 2017)

Charles Flanagan: The Irish Prison Service has advised that, on foot of the recommendations of the Committee for the Prevention of Torture, and in line with the observations made by the former Inspector of Prisons, it has sought approval for the appointment of an Executive Clinical Lead, who is to  ensure the maintenance of clinical governance in respect of healthcare provision and will lead on the...

Written Answers — Department of Justice and Equality: Inspector of Prisons Reports (5 Dec 2017)

Charles Flanagan: I recently published the Office of the Inspector of Prisons Annual Reports for 2015 and 2016. In these reports, the Acting Inspector notes that she has encountered prisoners on various restricted regimes and that she recognises the challenge faced by the Irish Prison Service in seeking to keep these prisoners in safe and secure custody. She also states...

Written Answers — Department of Justice and Equality: Protected Disclosures (5 Dec 2017)

Charles Flanagan: As the Deputy knows, the Protected Disclosures Act was enacted in 2014 to introduce specific protections for whistleblowers. The core provisions in the Act provide for protection from dismissal and other forms of penalisation for the making of a protected disclosure, and for the protection of the identity of persons making disclosures. I am not, therefore, going to discuss the details of...

Written Answers — Department of Justice and Equality: Garda Strength (5 Dec 2017)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner 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...

Written Answers — Department of Justice and Equality: Garda Deployment (5 Dec 2017)

Charles Flanagan: As the Deputy will appreciate, the Garda Commissioner is responsible for the recruitment and training of the Garda Reserve and 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...

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