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Written Answers — UN Convention Against Torture: UN Convention Against Torture (22 Oct 2008)

Dermot Ahern: The Optional Protocol to the UN Convention against Torture and All Forms of Cruel, Inhuman or Degrading Treatment or Punishment was adopted by the UN General Assembly on 18 December, 2002. Its provisions came into force on 22 October, 2006. Ireland signed it on 2 October, 2007. The Protocol is an important addition to the 1984 UN Convention against Torture which Ireland ratified in...

Written Answers — Prison Inspections: Prison Inspections (22 Oct 2008)

Dermot Ahern: Irish prisons are subject to inspection by the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), the Office of the Inspector of Prisons and the Visiting Committees appointed to each prison. The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), which operates under the aegis of the Council of Europe,...

Written Answers — Community Service: Community Service (22 Oct 2008)

Dermot Ahern: The Criminal Justice (Community Service) Act, 1983, provides that a Court may make a Community Service Order as an alternative to a sentence of imprisonment or detention in respect of any individual over the age of 16 years who has been convicted of a criminal offence and who consents to the Order being made. As the Deputy will be aware, the Community Service Order requires an offender to...

Written Answers — Juvenile Offenders: Juvenile Offenders (22 Oct 2008)

Dermot Ahern: I presume the Deputy's question relates to the Children Act 2001, as amended. I can confirm that the Children Act, 2001 is fully operational and that the various provisions relating to parental responsibility are all commenced. In this connection I wish to refer the Deputy to my reply to Parliamentary Question No. 48 dated 2 October 2008. In the case of children referred by the Court to the...

Written Answers — Anti-Social Behaviour: Anti-Social Behaviour (22 Oct 2008)

Dermot Ahern: The Agreed Programme for Government contains a range of commitments to combat anti-social behaviour. One of these is the creation of Anti-Social Behaviour Action Teams (ASBATs) which would operate in areas experiencing serious problems of anti-social behaviour. The purpose of ASBATs is to tackle local, previously intractable, problems of anti-social behaviour, in a way where joint working...

Written Answers — Garda Deployment: Garda Deployment (22 Oct 2008)

Dermot Ahern: The Agreed Programme for Government contains a broad range of commitments to combat anti-social behaviour. One of these is to establish special Garda units to deal with anti-social behaviour on public transport. I am informed that currently An Garda Síochána carries out patrols on public transport to deal with specific incidents and complaints as they arise, primarily in late evening when...

Written Answers — Garda Strength: Garda Strength (22 Oct 2008)

Dermot Ahern: I am informed by the Garda authorities that the total strength of the Force as of the 30 September 2008, the latest date for which figures are readily available, was 14,284 with a further 1,074 in training. There are currently 513 students undergoing training at the Garda College in Templemore with a further 561 in training at Garda Stations throughout the country. The current Student/...

Written Answers — Departmental Staff: Departmental Staff (22 Oct 2008)

Dermot Ahern: I am informed by the Garda Commissioner that the number of whole time equivalent civilian personnel working in An Garda Síochána as at the 31 of December 2003, 2004, 2005, 2006, 2007 and 30 September, 2008 was as set out as follows. The total strength of An Garda Síochána at these dates and the ratio of civilian staff to Gardaí is also set out. Date No of Civilians (WTE) Garda...

Written Answers — Garda Promotions: Garda Promotions (22 Oct 2008)

Dermot Ahern: At the outset, I should say that my Department does not create promotion posts per se. Rather, it manages the staffing of the Department (and its Agencies) in accordance with Government policy, including in relation to the filling of posts. The manner of the filling of posts is not straightforward and can vary depending on factors such as: how the vacancy arose; the nature of the post and...

Written Answers — Garda Strength: Garda Strength (22 Oct 2008)

Dermot Ahern: The population statistics were last collected by the Central Statistics Office in April 2006. On that basis the ratio of Gardaí to head of population in each Garda District at that time is as stated in the following table. Changes to the boundaries of Garda Districts and Divisions have altered the make up of some of the Garda Districts throughout the country. For that reason, together with...

Written Answers — Garda Reserve Force: Garda Reserve Force (22 Oct 2008)

Dermot Ahern: The total personnel strength of the Garda Reserve at the end of years 2006, 2007 and to date in 2008 is as follows: 2006 2007 30/09/2008 Attested 36 217 254 There were also 157 Garda Reserve trainees at 30th September 2008.

Written Answers — Garda Operations: Garda Operations (22 Oct 2008)

Dermot Ahern: Section 56 of the Criminal Justice Act 2007 governs the circumstances in which a copy of the recording of interviews conducted by the Garda Síochána may be given to an accused. Specifically the section provides that only a person charged with an offence before a court, or his or her legal representative, may be given a copy of any recording of the questioning of the person while he or she...

Written Answers — Garda Regulations: Garda Regulations (22 Oct 2008)

Dermot Ahern: I am satisfied that the Garda Síochána Discipline Regulations which were enacted in 2007 are working well. The regulations, along with the provisions of the Garda Síochána Act take into account the findings of the earlier reports of the Morris tribunal. The system of discipline in the Garda Síochána is fairer, more efficient and more effective as a result. I will, of course, in...

Written Answers — Garda Reform: Garda Reform (22 Oct 2008)

Dermot Ahern: Following the publication of the Barr Tribunal Report, the Garda Inspectorate was tasked with reviewing the report to assess the reforms already introduced in the Garda Síochána and to recommend any additional steps required to bring the organisation into line with best international practice, particularly relating to barricade incidents. The Garda Síochána Inspectorate's Report No. 2,...

Written Answers — Road Traffic Offences: Road Traffic Offences (22 Oct 2008)

Dermot Ahern: The Medical Bureau of Road Safety, which comes under the aegis of the Department of Transport, analyses blood and urine specimens received under the Road Traffic Acts for the presence of a drug or drugs. The Department of Transport provides annual funding to the Bureau. The matter of increasing Garda search powers in relation to drug crime is under consideration in my Department, having...

Written Answers — Proposed Regulations: Proposed Regulations (22 Oct 2008)

Dermot Ahern: Consultations are taking place with An Garda Síochána with a view to progressing this matter.

Written Answers — Crime Prevention: Crime Prevention (22 Oct 2008)

Dermot Ahern: The Agreed Programme for Government contains commitments in relation to the use of divestitures and trusteeships in the fight against organised crime. As Minister, I am determined to take whatever steps are required to disrupt the activities of criminal gangs through the seizure of assets and the targeting of businesses and other enterprises used by them in furtherance of their criminal...

Written Answers — Sentencing Policy: Sentencing Policy (22 Oct 2008)

Dermot Ahern: In considering this matter, my Department is guided by the ongoing work of the steering committee established by the Courts Service Board to plan for and provide information on sentencing. The committee, under the chair of Mrs. Justice Susan Denham of the Supreme Court, comprises a judge from the High, Circuit and District Courts and a university law lecturer with expertise in sentencing...

Written Answers — Sentencing Policy: Sentencing Policy (22 Oct 2008)

Dermot Ahern: Section 27 of the Misuse of Drugs Act 1977 (as amended by the Criminal Justice Acts 1999, 2006 and 2007), provides for mandatory minimum sentences of not less than 10 years imprisonment for individuals convicted of a first offence under sections 15A and/or 15B of that Act. The mandatory minimum sentence, or to give it its more accurate description, presumptive minimum sentence, is to be...

Written Answers — Garda Training: Garda Training (22 Oct 2008)

Dermot Ahern: During initial training all members of An Garda Síochána receive instructions in the handling and investigation of incidents relating to domestic violence. Additional training is given in the Garda College through a number of outside agencies which include Women's Aid, MOVE and AMEN. While 'domestic violence' is not the subject of specific definition in law, provisions of the following...

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