Seanad debates

Thursday, 20 February 2014

11:30 am

Photo of Ivana BacikIvana Bacik (Independent) | Oireachtas source

Naming Senator Marie-Louise O'Donnell in her new role reminds me of the naming by Sinn Féin of Maurice Manning as Leader of the Seanad, which was equally amusing.

Senator Burke also spoke about the domestic violence issue and pointed out some examples, which were highlighted yesterday by NGOs who gave evidence to us on such violence, the delays in family court hearings and so on. He pointed out the contribution the Minister has made already in improving family law.

Senator Quinn commended Senator Barrett on the Road Traffic Bill 2013, and raised the issue of GSOC. He referred to reports under section 80 of the 2005 Act. In fact, that is not the relevant provision in the current controversy. It was wrongly raised in the Dáil by the Minister, but he later corrected himself. It is section 102 and section 103 of the Act, and I suggest colleagues look at them. Section 102(4) provides for the public interest investigations of the sort which GSOC in fact commenced, although it is unfortunate we did not know that until later last week. Once such an investigation begins, under section 103, GSOC has an obligation to supply the Minister with a report. It is a different, qualified obligation in the sense that GSOC does not have to provide the information if it believes it is not in the public interest. The legislation is complex in terms of reporting requirements. GSOC has placed other reports before the Oireachtas under section 80, but in this controversy there are different provisions which deal with reporting obligations.

Senator Walsh also spoke about post offices. Senator Bradford spoke about international affairs. I can certainly ask for the Tánaiste's presence. He was in the House recently for a debate on Syria. I understand he is in Brussels this morning, attending an extraordinary Foreign Affairs Council meeting of EU ministers on the crisis in Ukraine. That is a very serious crisis and I am sure he will be happy to update us on it in future.

Senator Crown spoke about the 2005 Act, and again I would like to stress that it is not the Legislature which oversees the Garda Síochána under that Act. Senator Crown is quite right on the culture of a lack of protection and support for whistleblowers. The Government is bringing forward the Protected Disclosures Bill 2013, which is currently on Second Stage in the Dáil. That will be the first time we have comprehensive protection for whistleblowers. It is very important across all sectors. Senator Healy Eames also spoke about whistleblowers and the 2005 Act. In respect of Oliver Connolly and the call for a new confidential recipient, I think the Minister is now saying that he will amend the Act, which is very welcome, to enable serving gardaí to go directly to GSOC, which they could not previously do. I understand that the confidential recipient was introduced in the 2005 Act as an alternative. It may be that there is no requirement to have a confidential recipient if we see that amendment come through quickly. Clearly, there is a concern that at the moment there is no mechanism for internal complaints by gardaí, so perhaps a temporary person will have to be appointed. However, in the longer term it is envisaged that this will solved by an amendment of the Act.

Senator Heffernan spoke about rural post offices, and I think I have dealt with that.

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