Catherine Murphy (Kildare North, Social Democrats)
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177. To ask the Tánaiste and Minister for Justice and Equality the person or body that will manage the promotion of Garda sergeants, inspectors and superintendents in the future under her Department’s planned reforms. [46859/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy will be aware that promotions to the ranks of Sergeant and Inspector are the subject of recent Regulations - Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) Regulations 2021 S.I. 370/2021.

These Regulations were drafted in accordance with Section 122(1)(j) of the Garda Síochána Act 2005, and fulfil a long-term objective to establish an efficient, independent and best practice promotion process for Garda Sergeants and Inspectors. The requirement to amend the promotion process for Sergeants and Inspectors was endorsed in the Report of the Commission on the Future of Policing in Ireland (CoFPI) following its fundamental in-depth review in 2018, and was contained as a key action in ‘A Policing Service for our Future’, the implementation plan for the CoFPI report.  

These Regulations mark a fundamental change by providing that promotion competitions to these supervisory ranks, which previously had been managed wholly by An Garda Síochána, will for the first time be carried out in conjunction with the Public Appointments Service (PAS). Following an independent selection process carried out by PAS, a panel will be formed from which the Garda Commissioner will appoint candidates as appropriate and in accordance with the requirements of An Garda Síochána.

The introduction of the Regulations has allowed the commencement of a new competition for promotion to Garda Sergeant which will address the need for new appointments to this important supervisory role within the organisation.  

It is my intention that these new arrangements for promotion to Sergeant and Inspector would continue after the enactment of the Policing, Security and Community Safety Bill which is currently being drafted.  Insofar as appointments to the rank of Superintendent are concerned, these are currently made by the Policing Authority.  Under the Bill, responsibility for such appointments will transfer to the Commissioner and it would be my expectation that promotion competitions for these appointments would also be conducted by the Public Appointments Service in the future.

Catherine Murphy (Kildare North, Social Democrats)
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178. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the CSO keeping Garda PULSE data under reservation; the actions her Department is taking to improve the quality of Garda PULSE data; and if she will make a statement on the matter. [46861/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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The Deputy will be aware that under the Garda Síochána Act 2005, the Garda Commissioner is responsible for the management and administration of An Garda Síochána. This responsibility includes the management of the PULSE system and the gathering of data generally.

The Deputy will also be aware that the CSO resumed publication of recorded crime statistics in March 2018 using the category 'Under Reservation'. This allowed the CSO to use the best available data for crime recorded in Ireland while informing users of concerns regarding the quality of the data.

I am advised that the CSO and An Garda Síochána consulted on the steps needed in order to get the reservation lifted. The CSO proposals outlined three main areas for development regarding the quality of PULSE based statistics, being the appointment by An Garda Síochána of a senior manager with overall responsibility for data quality, provision of a more comprehensive set of crime counting rules, and the development and implementation of a formal quality management system for PULSE-based statistics.   

Significant progress has been made in each of these areas, including  the appointment of a Chief Information Officer for An Garda Síochána in November 2019, who engages extensively with the CSO on data quality matters, and the publication of the Guide to How Crime is Recorded and Counted by An Garda Síochána.  In addition, a data quality framework has been developed and is operated by the Garda Information Services Centre (GISC).

This progress has been acknowledged by the CSO, as have been improvements in data quality as GISC has progressively created a greater proportion of incidents.

The Deputy will be aware that the fourth Review of the Quality of Recorded Crime Statistics published by the CSO on 21 July 2021, examines the extent to which user needs for crime data are being met from PULSE and notes that better quality data is enabling the CSO to expand the statistical products it can provide. For instance, as a result of the improved reliability of PULSE outputs relating to detected crime and suspected offenders, the CSO has been able to publish new and more detailed statistical analysis related to these categories. The CSO report also acknowledges other improvements in PULSE data quality, such as the classification of crime incidents and timeliness of recording incidents.

Catherine Murphy (Kildare North, Social Democrats)
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179. To ask the Tánaiste and Minister for Justice and Equality the person or body that is responsible for the collection, input and centralisation of data under the new Garda operational model; and the person or body that will hold the position of data controller in each division. [46862/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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As the Deputy will be aware, the Garda Commissioner is by law responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes processing of personal data for law enforcement purposes.

Processing of personal data for law enforcement purposes is subject to Part 5 of the Data Protection Act 2018. Section 69(1) of the Act defines a data controller as a competent authority that, whether alone or jointly with others, determines the purposes and means of processing personal data.

As a competent authority for law enforcement with functions established under Section 7(1) of the Garda Síochána Act 2005, An Garda Síochána is the data controller for personal data processed by it for the purposes of prevention, detection, investigation or prosecution of criminal offences, including personal data processed under the new Garda Operating Model.

Under the overall responsibility of the Garda Commissioner, all members and staff of An Garda Síochána must abide by relevant policies and procedures in respect of the processing of personal data. This includes the commitment, under the Code of Ethics for An Garda Síochána, to gather, retain, access, disclose of process information only in accordance with the law and principles of data protection. 

I am advised by the Garda authorities that both currently and under the new Garda Operating Model, the Garda Information Service Centre (GISC) has primary responsibility for the input and collection of crime incident data, working with Garda members to ensure that data on every incident is centrally recorded consistently and accurately.

In compliance with data protection legislation, the Data Protection Officer (DPO) is a Principal Officer position in An Garda Síochána reporting to the Executive Director, Chief Information Officer. I am informed that the role is currently filled on an acting basis with a permanent appointment due to be made at the conclusion of a dedicated open competition in October, 2021. The Data Protection Commissioner was formally notified of the appointment of the current DPO in line with the provisions of Article 37(7) of the General Data Protection Regulation (the GDPR, EU 2016/679) and Section 88(4)(b) of the Data Protection Act 2018.

Catherine Murphy (Kildare North, Social Democrats)
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180. To ask the Tánaiste and Minister for Justice and Equality the status of the ongoing pay dispute with senior officers of An Garda Síochána in relation to the availability allowance; and the impact of this dispute on current GSOC investigations. [46863/21]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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Issues relating to a review of the Availability Allowance which is paid to Superintendents and Chief Superintendents have been the subject of extensive engagement at official and Ministerial level over a number of years.

A review of the Availability Allowance undertaken by Garda management and my Department, with input from the Department of Public Expenditure and Reform, has been shared with both the Superintendents Association and the Chief Superintendents Association. The review suggests that this issue could be considered under the sectoral bargaining element of the new public service agreement, Building Momentum. 

I am advised, however, that the Associations do not favour this approach.  I am further advised that unfortunately the approach being taken by both Associations in respect of their duties has the potential to impact on Garda Síochána Ombudsman Commission (GSOC) investigations, in circumstances where an officer may be appointed to investigate a complaint which has been returned by GSOC to An Garda Síochána for investigation.  

I can inform the Deputy that I have discussed this potential impact with my colleague the Minister for Public Expenditure and my officials will engage further with Garda management and his Department in this regard, as part of the ongoing work to find a resolution to this matter.