Written answers

Tuesday, 14 June 2022

Department of Justice and Equality

An Garda Síochána

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1307. To ask the Tánaiste and Minister for Justice and Equality the number of members of An Garda Síochána who bought their last six months of service to avail of a full pension after 30 years' service; and if she will make a statement on the matter. [29560/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, the scheme in question applies to serving members of An Garda Síochána who joined between 1989 and 2013 and whose training included on-the-job, known as 'Phase II', training prior to attestation.

Provisions for eligible serving members to ‘buy back’ 6 months of service for this training, which members carried out in assigned Garda stations, was agreed with effect from 12 April 2019.

I am informed by the Garda Authorities that, to date, 541 Garda members have availed of the option to purchase six months’ service.

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1308. To ask the Tánaiste and Minister for Justice and Equality the level of training that is provided to members of An Garda Síochána to facilitate engagement with members of the disabled community, especially those with invisible disabilities such as autism, attention deficit hyperactivity disorder or ADHD, and acquired brain injury; and if she will make a statement on the matter. [29561/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training matters. As Minister, I have no role in this regards.

I am assured by the Garda authorities that An Garda Síochána are acutely aware of the importance of respecting neurodiversity and of the training needs which Gardaí require in order to provide an appropriate service to autistic people, people with ADHD, with acquired brain injury and any other condition which may not be immediately apparent. An Garda Síochána strives to provide an comprehensive and inclusive policing service, focused on community policing, and in their engagement with members of the public, all Gardaí are alert to the need to recognise potential neurodiversity and respond respectfully and appropriately.

I am informed by the Garda authorities that as part of An Garda Síochána's e-learning Human Rights module, there are 5 sessions available to undertake on the Garda Learning Management System (LMS). These 5 sessions include:

- Session 1: Unconscious Bias

- Session 2: Autism Spectrum Disorder

- Session 3: Hidden Disability - Neuro Diversity Deep Dive & ADHD

- Session 4: Mental Health Awareness and

- Session 5: Suicide Prevention & Intervention.

The Deputy will also be aware that all Garda trainees complete the BA in Applied Policing programme. The programme's Community Centred Policing module aims to equip the students with the personal and professional expertise to proactively police Ireland's diverse community.

I am advised that the programme is delivered in a blended learning approach using Problem Based Learning (PBL). I am also advised that the content in the programme is designed to replicate real life Garda Investigations and covers the following themes:

1. Community Centred Policing 

2. Roads Policing 

3. Investigative Policing 

4. Officer and Public Safety and

5. Professional Competence.

I understand that there are modules covering a range of relevant general skills including communication and the use of the Garda Decision Making Model.

I also understand that as part of Phase 1 of the Community Centred Policing Module, there is an emphasis on an understanding of theoretical issues relating to a broad range of communities and vulnerable persons, and the application of strategies to support the delivery of a community policing service.

Phase 1 of the Community Centred Policing Module also builds on skills to allow a deeper engagement and interaction between Gardaí and community members. This understanding allows for Trainee Gardaí to recognise not only those at risk but all sectors of the community that may benefit from Garda presence, involvement and support.

Regarding autism awareness specifically, I am informed that AsIAm, Ireland's National Autism Charity Group, has delivered a presentation to approximately 200 students. AsIAm also delivered training workshops on how individuals can support the Autistic community by making their organisations, clubs, communities and educational institutes, autism friendly. I am informed that the feedback was very positive from the sessions and pleased to note that An Garda Síochána have contacted AsIAm with a view to using an e-learning module on these matters for Trainee Gardaí into the future.

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1309. To ask the Tánaiste and Minister for Justice and Equality the level of knowledge within An Garda Síochána of initiatives such as the Just A Minute card or JAM card, and the Sunflower Lanyard, to assist them to identify that the person with whom they are interacting with requires reasonable accommodations to protect the individual rights; and if she will make a statement on the matter. [29562/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, under the Garda Síochána Act 2005 (as amended), the Garda Commissioner is responsible for the management and administration of An Garda Síochána, including Garda training matters. As Minister, I have no role in this regard.

I am informed that An Garda Síochána are supportive of any initiatives which will support persons with disabilities in their engagement with An Garda Síochána or other public services, including the JAM Card and Sunflower Lanyard. I am further informed that work is ongoing to liaise with the sponsors of both initiatives to create further organisational awareness of same through internal communications and An Garda Síochána's Community Policing Toolkit.

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1310. To ask the Tánaiste and Minister for Justice and Equality the provisions that exist to provide appropriate adults to assist people with disabilities if they are arrested by a member of An Garda Síochána; and if she will make a statement on the matter. [29563/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will appreciate, the Garda Commissioner is responsible for the management and administration of Garda business under the Garda Síochána Act 2005 (as amended). This includes the recruitment and training of all Garda members and staff.

As the Deputy will be aware, there are several legislative measures to protect the rights of people with disabilities. For example, the Equal Status Acts 2000 to 2015 prohibit discrimination, harassment, and sexual harassment in access to services. These Acts require An Garda Síochána to take reasonable accommodation steps for people with disabilities, particularly in circumstances where they may require specialist or specific facilities, arrangements, services or assistance.

The Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, make provision for a series of procedural safeguards with respect to the treatment in custody and questioning of children and otherwise vulnerable detainees. The scope of the Treatment of Persons in Custody Regulations in 1987 was focused on the creation and maintenance of the custody record. The regulations provide that a parent, guardian, spouse, relative or other responsible person can be contacted, where appropriate, when a person with a disability (as referred to in the Regulations) is arrested.

In order to safeguard the rights of adult detainees who the member in charge suspects or knows to have an invisible disability, Regulation 22(2) expressly provides that where the member in charge arranges for the presence of “some other responsible adult other than a member”, the responsible adult should, where practicable, be a person who has appropriate experience.

I am advised that the Garda Human Rights Section conducted a review of An Garda Síochána's Custody Record Risk Assessment Form to evaluate its effectiveness. The recommendations made following this review have been considered in line with the obligations of Ireland pursuant to Article 13 of the Convention on the Rights of Persons with Disabilities (CRPD), to furnish persons with a disability with effective access to justice on an equal basis with others, and to provide them with appropriate special facilities where necessary to allow them to realise this right.

An Garda Síochána is currently in the process of compiling a revised Risk and Vulnerability Assessment to further their commitment to safeguarding the rights and needs of any person who is vulnerable or has a disability. This will ensure a consistent approach to the provision of supports and services for vulnerable people interacting with An Garda Síochána, protecting their Human Rights.

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1311. To ask the Tánaiste and Minister for Justice and Equality if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or that they were a vulnerable person, were strip searched without the presence of an appropriate adult; and if she will make a statement on the matter. [29568/22]

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1312. To ask the Tánaiste and Minister for Justice and Equality if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or were a vulnerable person, were strip searched in the presence of an appropriate adult, and can the breakdown of the information be provided per Garda division; and if she will make a statement on the matter. [29569/22]

Photo of Pat BuckleyPat Buckley (Cork East, Sinn Fein)
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1313. To ask the Tánaiste and Minister for Justice and Equality if she will report to the Houses of the Oireachtas the number of persons under the age of 18 years in 2019, 2020, 2021 and this year to date who informed the arresting member of An Garda Síochána and-or the member-in-charge of the Garda station that they were transported to, that they had ADHD or were a vulnerable person, were assaulted while in the custody of An Garda Síochána, by Garda division; and if she will make a statement on the matter. [29570/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 1311 to 1313, inclusive, together.

As the Deputy will be aware there are a series of procedural safeguards in place with regard to the treatment in custody and questioning of children under the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations, 1987, and the Children Act, 2001.

Any breaches of these provisions would be a very serious matter and if the Deputy is aware of any individuals who have been subject to such breaches, I would strongly encourage them to contact either the Garda Commissioner or the Garda Síochána Ombudsman Commission.

As the Deputy will be aware, the Garda Commissioner is responsible by law for the management and administration of An Garda Síochána, including operational policing matters. As Minister, I have no role in these matters.

I am informed by the Garda authorities that an extensive search was conducted for relevant keywords across both Prisoner Logs and associated Person Records created since 1 January 2019, however no relevant matches relevant to the Deputy’s query were returned.

However, should the Deputy be aware of any such breaches of the provisions which are in place, I would once again encourage those involved to make contact with appropriate authorities.

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