Tommy Broughan (Dublin Bay North, Independent)
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119. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 577 of 26 July 2017 and 567 of 7 November 2017, if the report is now available on the number of persons that were charged for copies of Garda abstracts and statements since 1 January 2017; the amount of these charges in view of the fact that the Policing Authority has provided these figures to a road safety group; the number of persons that have been reimbursed to date; if the information requested from An Garda Síochána is now available; and if he will make a statement on the matter. [53327/17]

Charles Flanagan (Laois, Fine Gael)
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The Deputy will be aware that the Garda Commissioner is the Accounting Officer for the Garda Vote and is responsible for setting the level of fees applicable in relation to certain services. As Minister, I have no direct role in the matter.

I am informed by the Garda Authorities that persons involved in road traffic collisions, their legal advisers or insurers or other interested parties may, on written request, be supplied with an abstract of the Garda report in respect of the collision, copies of statements of witnesses and sketches or maps of the scene.  Abstracts and statements are not normally supplied until any criminal proceedings are concluded and, in the case of fatal traffic collisions, until the inquest concerning the death has been completed by the Coroner.

I understand that the fees charged are generally designed to recoup administrative costs incurred in the preparation and processing of such requests, that they are kept under on-going review, and that the following arrangements apply with effect from 1 January 2017 in respect of applications received after that date:

- fees in respect of fatal road traffic collisions will be waived (one copy per applicant);

- fees in respect of road traffic collisions resulting in serious injury will be capped at €1,000 (one copy per applicant);

- in circumstances where the investigation of a road traffic collision remains ongoing and criminal proceedings are being contemplated or have already been initiated, or in circumstances where an Inquest has not been completed by the Coroner, abstracts will not be supplied. However, a reduced or amended abstract form containing ‘appropriate information’ as provided for in section 106(4) of the Road Traffic Act 1961, as amended, will be provided free-of-charge;

- the following fees will be payable in respect of applications in respect of road traffic collisions resulting in material damage:

I am aware that the Garda authorities informed the Policing Authority in September that An Garda Síochána had identified some 28 cases of people being mistakenly charged for abstracts and that appropriate reimbursements would be made. They have provided the following details of fees that are being refunded in accordance with the new arrangements.

Tommy Broughan (Dublin Bay North, Independent)
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120. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 346, 347, 348 and 349 of 20 September 2017 and 570 of 7 November 2017, if the report is now to available; and if he will make a statement on the matter. [53328/17]

Charles Flanagan (Laois, Fine Gael)
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I have again requested a report from An Garda Síochána in relation to the following matters outlined in Parliamentary Question Nos. 346, 347, 348 and 349 of 20 September 2017 and your subsequent question number 570 of 7 November 2017:

- 346 - "the number of arrests, prosecutions and convictions for careless driving and or anti-social driving by each district in 2015, 2016 and to date in 2017";

- 347 - "the number of arrests, prosecutions and convictions for careless driving and or anti-social driving in and around Clonmel, County Tipperary in each of the years 2014 to 2016 and to date in 2017";

- 348 - "the way in which careless driving and or anti-social driving, including boy racer driving behaviour and events, are being policed across the county; his plans to improve policing of same";

- 349 - "the way in which careless driving and or anti-social driving, including boy racer driving behaviour and events, are being monitored and halted across the country; his plans to improve this area of road safety";

- 570 - "further to Parliamentary Question Nos. 346, 347, 348 and 349 of 20 September 2017".

I can assure the Deputy that I will be in contact directly on receipt of a Garda report.

Tommy Broughan (Dublin Bay North, Independent)
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121. To ask the Tánaiste and Minister for Justice and Equality further to Parliamentary Question Nos. 246 of 12 July 2017, 113, 114, 115 and 116 of 28 September 2017 and 571 of 7 November 2017, if the report is now available; and if he will make a statement on the matter. [53329/17]

Charles Flanagan (Laois, Fine Gael)
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I am advised by the Garda authorities that the number of ‘test purchasers’ used in any given test purchasing operation is not centrally recorded on PULSE.  Parental/Guardian consent and agreement forms are required for each operation and are retained locally at each District.  Consequently, An Garda Síochána is not in a position to provide the information requested as it would require a disproportionate amount of Garda time and resources to collate the data requested.

The test-purchasing of intoxicating liquor, as governed by section 37C of the Intoxicating Liquor Act 1988 (as inserted by section 14 of the Intoxicating Liquor Act 2008) came into operation on the 1 October, 2010 by virtue of the Intoxicating Liquor Act 2008 (Commencement) Order 2010, Statutory Instrument Number 449 of 2010. In accordance with Section 37(c) of the Intoxicating Liquor Act 2008, licensed premises are selected for the purposes of the application of this section, on the basis of location of the premises, complaints received by An Garda Síochána relative to such premises; the number and kind of contraventions (if any) of the Licensing Acts 1833 to 2008 relating to the premises and / or the clientele attracted to the premises, or any combination thereof.

The consent of the parent or guardian of a person who is at least 15 years of age but under the age of 18 years is required, in writing, to allow him or her be sent into a licensed premised for the purpose of purchasing intoxicating liquor therein. As advised in responses provided previously to the Deputy, the welfare of test-purchasers involved in the test purchasing operations is paramount. The UN Convention on the Rights of the Childis relevant in this context.

Article 3 of the Convention provides thatthe best interests of the child shall be a primary consideration in all actions concerning children, and administrative measures shall be appropriate to ensure each child such protection and care as is necessary for his or her wellbeing, taking into account the rights and responsibilities of his or her parents or guardians. Institutions, services and facilities responsible for the care or protection of children shall conform with the established standards, particularly for safety, health, the number and suitability of staff, and competent supervision.

Reflecting the terms of this Convention and national policy objectives set out in the Children First National Guidelines for the Protection and Welfare of Children (“Children First Guidelines”), the highest possible level of protection for the test purchaser is required.

Accordingly, when considering the deployment of minors/children for the purpose of a ‘test-purchase’ operation, members of An Garda Síochána are required to have regard to the following:

- If at any time during test purchasing operations, a test purchaser indicates that he or she does not wish to continue, or shows signs of distress, the operation must be halted immediately;

- If, while in the care of An Garda Síochána, a test-purchaser is injured or suffers loss or damage to his or her property, the incident must be reported without delay to the parent or guardian and the Superintendent in whose area the operation has taken place;

- Test-purchasing operations are to be organised in such a way as to avoid, as far as possible, the test-purchaser being called as a witness in court proceedings. As a general rule, a witness statement need not be taken from the test-purchaser since a member of An Garda Síochána will accompany the test-purchaser at all times and witness any purchase which may take place. The required witness statement can therefore be provided by the member of An Garda Síochána in any court proceedings arising from test-purchasing operations. Nevertheless, in exceptional circumstances, the test-purchaser may be required to attend court as a witness;

- Parental or guardian agreement and consent for the participation of a test-purchaser must be obtained.

Furthermore, members of An Garda Síochána conducting test-purchasing operations should satisfy themselves that:

- the safety and welfare of the test-purchaser has been fully considered;

- any risk has been properly explained to and understood by the test-purchaser;

- a risk assessment has been undertaken; and

- a record is kept of the operation.

If, at any point, a member of An Garda Síochána involved in the operation considers that it is necessary to halt the operation in order to avoid harm to the welfare of the test-purchaser, the member should do so.

Divisional Officers in the cited Divisions have indicated that while efforts have been made since the enactment of the legislation, including in the years subject of the Deputy’s Question, to conduct test-purchasing operations it has proved difficult to source suitable candidates to act as test-purchasers. When parents have been approached to seek approval to participate in such purchasing operations, such approval was not forthcoming from parents who, while supportive of such initiatives, do not wish their children to be involved, or exposed to any potential risks resulting from such participation.

Efforts continue to be made to encourage parents to allow their children to participate in operations while, simultaneously, the relevant provisions of the legislation, including the sale or supply, or purchase and consumption of alcohol to / by persons under 18 years of age, continuing to be closely monitored and enforced, with prosecutions for such offences recorded in many Garda Divisions, without the necessity to utilise test-purchasing operations, which would, preferably, to ensure best outcomes, be intelligence-led.

In other Garda divisions and Districts, through high visibility patrols and engagement with young people, through various activities, including sport, it is the position that the purchase of intoxicating liquor by persons under 18 years of age is not a significant problem, as a result of other proactive policing methods deployed in such District / Divisions, particularly during holiday periods, examination / result times, and other festive periods, when persons under 18 years may attempt to purchase alcohol. 

The situation continues to be monitored by local Garda Management, in conjunction with the respective Regional Assistant Commissioners, in the context of the ongoing analysis of complaints and crime-trends taking into consideration information / intelligence gathered through routine policing, whereupon the requirement to deploy test-purchasing initiatives will again be re-visited, with a view to identify suitable candidates whose parents are will to permit their participation.