Seanad debates

Thursday, 20 February 2014

11:00 am

Photo of Feargal QuinnFeargal Quinn (Independent) | Oireachtas source

I have a few words to say about the points made by Senator Barrett in respect of the Road Traffic (No. 2) Bill last week and the very noble part that the Seanad played partly because we had a listening Minister with regard to the penalty points. The loophole will now be closed by the Courts Service and credit must go to Senator Barrett for drawing our attention and that of the Minister to this and for putting down an amendment on that basis.

In respect of GSOC, my attention was drawn to the fact that it is just so involved so I went back to look at the Garda Síochána Act 2005. Section 80(6) refers to various reports by GSOC which it set up at that stage. The constitutional position is that GSOC reports to the legislator - the Dáil and Seanad. I will outline two very pertinent points. Section 80(3) states that "the report submitted under subsection (2) may contain recommendations for improving the effectiveness of the Ombudsman Commission". Section 80(5) states that "the Ombudsman Commission may make any other reports that it considers appropriate for drawing to the Minister's attention matters that have come to its notice and that, in its opinion, should, because of their gravity or other exceptional circumstances, be the subject of a special report to the Minister." Section 80(6) is the important one because it states that "as soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas". I have not seen that report. I assume it has been given to the Minister and that the Minister is obliged to lay it before each House of the Oireachtas. I am not sure if this has happened and I ask the Deputy Leader to confirm that this has not yet happened and confirm whether it is due to happen. The subsection states "as soon as practicable after receiving a report under this section, the Minister shall cause a copy of the report to be laid before each House of the Oireachtas". To the best of my knowledge, we have not seen it here. I would welcome knowledge as to whether we are going to have it laid before us and the reason the Minister has not done so up to now.

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