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Written Answers — Department of Justice and Equality: Community Policing (26 Jan 2016)

Frances Fitzgerald: As the Deputy will appreciate 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...

Written Answers — Department of Justice and Equality: Legislative Measures (26 Jan 2016)

Frances Fitzgerald: I commenced specified provisions of the Children and Family Relationships Act 2015 on 18 January 2016 which include provisions to make it easier for grandparents to seek access to their grandchildren. Grandparents will now be able to apply directly to the court for access to their grandchildren. The previous procedure was a two stage procedure whereby the grandparent had firstly to apply to...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: It is assumed that the Deputy is referring to the provisions of the Communications (Retention of Data) Act 2011 which governs access by An Garda Síochána and certain other statutory bodies to communications data retained by service providers. Under the 2011 Act access to communications data may be granted to An Garda Síochána in respect of the prevention, detection,...

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (26 Jan 2016)

Frances Fitzgerald: The Deputy is referring to the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach. A panel consisting of two Senior and five Junior Counsel was established for the purpose, all selected on the basis of their...

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (26 Jan 2016)

Frances Fitzgerald: The particular case to which the Deputy refers is amongst those considered under the mechanism established for the independent review of certain allegations of Garda misconduct, or inadequacies in the investigation of certain allegations, which have been made to me as Minister for Justice and Equality, or the Taoiseach with a view to determining to what extent and in what manner further...

Written Answers — Department of Justice and Equality: Garda Station Closures (26 Jan 2016)

Frances Fitzgerald: The formulation of proposals in relation to the opening and closing of Garda Stations is a matter, in the first instance, for the Garda Commissioner in conjunction with the newly established Policing Authority in the context of annual policing plans, as provided for in section 20 of the Garda Síochána Act 2005. The Garda District and Station Rationalisation Programme...

Written Answers — Department of Justice and Equality: Courts Staff (26 Jan 2016)

Frances Fitzgerald: I propose to take Questions Nos. 289 and 290 together. As the Deputy may be aware, County Registrars outside Dublin and Cork carry out the duties of Under-Sheriff for their respective counties. There has been no vacancy for the position of County Registrar in County Waterford and consequently the position of Under-Sheriff for County Waterford has not been vacant. Under the provisions...

Written Answers — Department of Justice and Equality: Public Service Reform Plan Measures (26 Jan 2016)

Frances Fitzgerald: I am advised by officials in my Department, that changes in the delivery of public services where required have progressed as planned. Where necessary, the changes have been managed appropriately through the normal industrial relations channels and in accordance with the various agreements negotiated since 2011 including Haddington Road and Lansdowne Road and that trade unions in my...

Written Answers — Department of Justice and Equality: Citizenship Applications (26 Jan 2016)

Frances Fitzgerald: The Irish Nationality and Citizenship Regulations 2011 (S.I. No. 569 of 2011) sets out the prescribed fees to be paid by an applicant for a certificate of naturalisation. An application fee of €175 is payable on application for a certificate of naturalisation and a fee is payable by applicants on the issue of a certificate of naturalisation. The standard certification fee is set at...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the accessing of retained communications data under the Communications (Retention of Data) Act 2011. No suggestion has been made, other than by the Deputy, as to the ‘hacking’ of phones. The data available under the 2011 Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the powers to access retained communications data governed by the Communications (Retention of Data) Act 2011. The data available under this Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the relevant bodies empowered to do so, for the purposes prescribed and under the terms set out in...

Written Answers — Department of Justice and Equality: Communications Surveillance (26 Jan 2016)

Frances Fitzgerald: I assume the Deputy is referring to the powers to access retained communications data governed by the Communications (Retention of Data) Act 2011. The data available under this Act is subscriber and traffic and location data - not the content of communications - and it may only be accessed by the relevant bodies empowered to do so, for the purposes prescribed and under the terms set out in...

Written Answers — Department of Justice and Equality: Garda Operations (26 Jan 2016)

Frances Fitzgerald: The Criminal Justice (Surveillance) Act 2009 provides that an application for surveillance may be made by a superior officer of An Garda Síochána, the Defence Forces, the Revenue Commissioners or the Garda Síochána Ombudsman Commission to a judge of the District Court, but only for the purposes of the investigation of serious offences or the protection of the security of...

Written Answers — Department of Justice and Equality: Garda Complaints Procedures (26 Jan 2016)

Frances Fitzgerald: A request for an exhumation in the case referred to by the Deputy was made to a former Minister in 2006. The request was made by the Coroner for the Dublin County area under Section 47 of the Coroners Act, 1962. The then Minister for Justice, Equality and Law Reform, Mr. Michael McDowell, considered the request, and having weighed up all of the relevant circumstances, decided not to make an...

Ceisteanna - Questions - Priority Questions: Garda Síochána Ombudsman Commission (27 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, the Garda Síochána Ombudsman Commission, GSOC, was established as a statutory independent body under the Garda Síochána Act 2005 to provide independent oversight of complaints made against members of the Garda Síochána. There is widespread support to have such a body. The Garda Síochána Act stipulates that GSOC is independent...

Ceisteanna - Questions - Priority Questions: Garda Síochána Ombudsman Commission (27 Jan 2016)

Frances Fitzgerald: As the Deputy is aware, I recently have put various figures into the public arena on the question he has asked. The review's terms of reference are to consider international best practice and the legislative framework. It is the case in respect of all the Acts in this area that judicial reviews are carried out, which is important. The Deputy rightly raises the question as to whether,...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: In the first instance, as the Deputy has asked, I will put on record some information regarding previous reports. To date, there have been 11 reports and as Members are aware, the job of the Garda Inspectorate is to promote efficiency and effectiveness within An Garda Síochána, which is an objective shared by all Members. The inspectorate undertakes comprehensive analysis of...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: I also refer to the working group on information and communications technology, ICT, which was an absolutely critical part of the aforementioned crime investigation report. Initiatives already have taken place in order that, for example, investigations now are recorded on the PULSE system, which was not the case previously. These initiatives and actions have been taken to implement some of...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: That is a reasonable request and I am happy to respond to it. Many of the Garda Inspectorate's reports have been implemented. I draw the Deputy's attention to what is actually on the inspectorate's website in respect of implementation. When we discuss these reports, it is important to contextualise the recommendations. There is no question that many of them arise from historical...

Ceisteanna - Questions - Priority Questions: Garda Inspectorate Reports (27 Jan 2016)

Frances Fitzgerald: It is very reasonable to say that when one has reports, one needs ongoing evaluation and monitoring of them . It is very important and my Department is involved in that. In addition, the new police authority will also have a role in this and we will have public meetings relating to what is happening. It is very clear that in terms of monitoring and evaluating the kind of response to the...

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