Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

26. To ask the Tánaiste and Minister for Justice and Equality the number of community gardaí assigned to the Carlow district. [60555/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.This will fund the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.

While the Garda Commissioner is responsible for the general management and administration of the Garda organisation, I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.

I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs. I am further advised that there are no set requirements to have a specific number of Community Gardaí posts across the Divisions.

I can inform the Deputy that as of 31 October 2022, the latest date for which figures are available, there were 96 Community Gardaí assigned to the Carlow/Kilkenny Division, which consists of 11 Sergeants and 85 Gardaí. This is a small increase compared to the 94 members assigned to Community Policing in Carlow/ Kilkenny in December 2020.

To date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society, including giving talks to schools, community groups and others.

Community policing is at the heart of An Garda Síochána and all Gardaí have a role to play in community policing in the course of carrying out their duties.

Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
Link to this: Individually | In context | Oireachtas source

27. To ask the Tánaiste and Minister for Justice and Equality if she has had talks with the union representing Civil Service workers in the gardaí regarding proposed changes under the Policing, Security and Community Safety Bill. [60511/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As the Deputy may be aware, the Policing, Security and Community Safety Bill was approved for publication by Government on 22 November 2022.

The Bill, as part of a suite of proposals to empower the Garda Commissioner as a “true CEO” to lead the organisation and drive change, provides for the Garda Commissioner to recruit Garda staff directly to An Garda Síochána as public servants creating an integrated single workforce.  At present Garda staff are recruited into the general Civil Service and then assigned to work in An Garda Síochána.

This change was recommended by the Commission on the Future of Policing in Ireland (CoFPI), who considered that the current arrangements were not conducive to developing a common mission within the organisation or a framework for career progression for Garda staff. 

A single workforce will better use the different skills and perspectives of Garda members and staff as a collective. It will promote and foster the idea of a career in An Garda Síochána for all Garda personnel, and attract candidates interested specifically in such a career.

CoFPI’s report and recommendations were informed by extensive consultations including with trade unions and representative bodies representing  members and staff.

It is important to note that no changes to the terms and conditions of existing staff will take place solely as a result of the commencement of this legislation.

The Bill, which is expected to become law next year with commencement in January 2024, sets out clearly that their terms and conditions are fully protected.

Any change in their Civil Service status is subject to the Minister engaging with the trade unions and staff associations concerned and considering any representations made by them prior to making an order altering their status.  

Preliminary dialogue has taken place between my Department, Garda management and staff trade unions and associations in relation to these changes. My Department is available to engage further with the staff representatives on these important matters and fully expects to do so as this process develops.

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

28. To ask the Tánaiste and Minister for Justice and Equality if any consideration or discussion has taken place with her or with her Department in relation to arming uniformed members of an Garda Síochána; and if she will make a statement on the matter. [60518/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

As I have indicated in responses to other parliamentary questions today, the Commissioner has no plans to increase the number of Gardaí assigned firearms for operational purposes, and there have been no recent discussions with the Garda authorities in this regard.  

Ruairi Ó Murchú (Louth, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

29. To ask the Tánaiste and Minister for Justice and Equality if she will outline the range of powers that gardaí have when investigating online hate speech, incitement to hate, online threats and intimidation; if she will outline any plans to enhance those powers for gardaí; and if she will make a statement on the matter. [60617/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Ireland has become a more diverse and welcoming country in recent decades but regrettably there is a small minority who subject others to abuse or attack resulting from their own prejudice.

It has been a priority for this Government to legislate for hate crime and hate speech, to ensure that Ireland is a safe and secure place for all.

As the Deputy is no doubt aware, the only legislation currently in force which deals specifically with hate-based offences is the Prohibition of Incitement to Hatred Act 1989.

Having said that I am sure the Deputy is also aware that a hate motive for any criminal offence is an aggravating factor that judges can take into account (on a non-statutory basis) at sentencing.

I am also informed by the Commissioner that a range of other legislation is available to An Garda Síochána to investigate threats and intimidation including:

- Harassment, Harmful Communications & Related Offences Act 2020 (otherwise known as Coco’s Law)

- Non-Fatal Offence Against the Persons Act 1997

- Domestic Violence Act 2018 (s.39 Coercive Control)

- Criminal Justice (Public Order) Act 1994

Although incitement to hatred is already an offence, experience has shown that it is difficult to prosecute and there have been very few convictions since the introduction of the 1989 Act.

That is one of the reasons why my Department has been working to finalise the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill 2022. The text of the new legislation was approved by Government and published in October and is progressing through the Oireachtas. It is anticipated that the Bill will be enacted in early 2023.

The Bill will create new, aggravated forms of certain existing criminal offences, where those offences are motivated by hatred against a protected characteristic, or where the perpetrator demonstrated hatred at the time of committing the offence. The protected characteristics for the purpose of the legislation are; race; colour; nationality; religion; national or ethnic origin; descent; gender; sex characteristics; sexual orientation; and disability.

Under this new legislation, Gardaí will have certain powers of search and seizure when investigating suspected offences of incitement to violence or hatred. A District Court judge may grant a search warrant of a place when they believe there are reasonable grounds for suspecting that evidence of one of these offences may be found at this place.

The Garda executing the search warrant will have the power to examine, seize and retain anything they find which they reasonably believe may be evidence. This includes the power to seize a computer and require any passwords for this computer to be provided – which is essential in the investigation of online hate speech.

This is a hugely important piece of legislation that will better support Gardaí in prosecuting and securing convictions for hate crimes and hate speech. It will also, importantly, tell victims of hate crimes that we are determined to help them, and will also let perpetrators know that they will be punished for spreading hatred, prejudice and contempt.

Jennifer Murnane O'Connor (Carlow-Kilkenny, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

30. To ask the Tánaiste and Minister for Justice and Equality the number of gardaí assigned to the Carlow District; and the way that this compares to the numbers in June 2020. [60554/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.This will fund the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.

As the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation, which includes decisions on the deployment of personnel among the various Garda Divisions. 

I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs.

I can inform the Deputy that as of 31 October 2022, there are 109 Garda members assigned to the Carlow District, which consists of 90 Gardaí, 14 Sergeants, 4 Inspectors and 1 Superintendent. This compares to 119 Garda members who were assigned to the Carlow district in December 2020. 

These Garda members are supported by 11 Garda staff assigned to Carlow Garda Station, which is a more than 50% increase on the number of Garda staff assigned there in 2015. This increases the availability of Garda members to concentrate on frontline policing duties in the district. 

I am assured that Garda management keeps the distribution of resources under continual review to ensure their optimal use.