Seanad debates

Wednesday, 4 October 2023

Policing, Security and Community Safety Bill 2023: Second Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

It is clear that community safety is at the front and centre of the Bill, just as community gardaí will be front and centre of this initiative. With regard to overall Garda numbers, we need to make sure we have as many gardaí as possible to make sure we can populate the various different community areas.

On the question of how various different Departments will be responsible for community safety, I will give a couple of examples, such as the Drogheda report. The local community safety plan in Dublin was launched recently. There are initiatives in Waterford and Longford. There are different asks of the Department of Further and Higher Education, Research, Innovation and Science. We have had significant investment in third level education. Through the Department of Education, we have had particular asks in areas that do not fall under the DEIS heading but need additional support. That has been provided in primary schools as well as secondary schools. We have had the work of the local authority in Dublin, which has been tasked with taking on board audits of street lighting, streetscapes, building fronts and how rubbish is collected. These types of things feed into a feeling of being unsafe. Through the Department of Health, we have drug treatment programmes and actions in other areas as well. Through my own Department, a prison link worker is funded through the community safety innovation fund. This fund is being developed solely to support the roll-out of the community safety partnerships and to make sure that when people have innovative ideas on ways in which they can contribute to community safety, but such ideas do not fall under the heading of any other Department, they can be funded through the Department of Justice. I want to make clear in response to the point made by Senator Ruane or Senator Chambers, it will not be a Department of Justice-led organisation or committee. It will very much be led by the community. We will make sure there will be an independent chair who will be able to engage with all the different Departments separately, so that everybody has a part to play and everybody has a say in the final plan. As I mentioned, we will have a broad representation on the board. It will be there to assist the Commissioner in his or her work on a day-to-day basis.

In regard to national security, the legislation outlines clearly what this new oversight body will do. It will keep under review the operational effectiveness of security legislation, including appropriate safeguards. It will oversee the operation of data retention, interception of communications and surveillance legislation. It will report annually to the Taoiseach and a report will be laid before the House. It will produce reports on other subject matters as necessary. It will examine the delivery of security services. Perhaps we do not face the same challenges as other countries in terms of our security, but we must always be vigilant and aware that we are living in a changing landscape and a changing dynamic. We must be able to respond to that at all times.

Senator Martin asked about a women and girls safety audit. A similar audit is in action within the zero tolerance strategy, which is the strategy to tackle domestic, sexual and gender-based violence. That is under the heading of the Department of Housing, Local Government and Heritage. That is an action that is under way.

In regard to cyber-threats, the National Cyber Security Centre was established only a few years ago. There are a number of different Departments involved in that, my own included. An Garda Síochána feeds into that and takes the lead when it comes to cybersecurity. Obviously the Garda has its own internal teams that deal directly with and respond to such threats.

Legal aid for victims of domestic violence is very much part of the overall zero tolerance strategy. Separately, we have a new family law strategy coupled with the new Family Courts Bill. The sole focus and aim of that is to ensure we have separate and independent family law courts that deal solely with family law matters. That is complemented by an overall strategy that provides the ancillary supports, services and reviews where we need to change and make improvements to the overall structure. For example, one of the first actions I commissioned was to review the section 41 workers who provide reports to the courts to make there a clear governance structure in place for those who provide these really important reports in difficult situations.

Like Senator Ruane, I want to acknowledge the work of Dr. Vicky Conway, who has passed away since this report was written. The legislation has been passed. I acknowledge the work she contributed to this.

On the retention of the prosecutorial powers, the reason they are still in the Bill is that work is still ongoing. A high-level group was put in place to examine the role of An Garda Síochána and the potential to change. That report was finished in December 2022. I will be getting ready to present the findings and to make recommendations. As it has not yet changed, however, we have to keep what is currently in place in this legislation and make changes subsequently. That is a body of work that has taken place, based on the recommendations. We are certainly not ignoring those recommendations. I will bring that report to the Government and colleagues will be able to see it very soon.

Separately, I am working closely on the OPCAT legislation with the gardaí, the Inspector of Prisons and others. It is a matter of trying to get the legislation through. A good deal of work has been done and progressed. I want to see it enacted as quickly as possible so that we can fulfil our commitment in that regard.

In regard to the requirement on gardaí to engage with the new ombudsman, it is absolutely a legal requirement. It is not stated because it is already a legal requirement that does not have to be restated in this legislation. Gardaí will have to engage with the new ombudsman in the same way that anybody else would have to engage. I want to be absolutely clear in that regard.

On the question of independent oversight, Senator Dooley raised the issue of complaints made against members of An Garda Síochána. I want to reassure colleagues that the ambition for the new ombudsman or the new GSOC is that there will be a much quicker and more streamlined process when spurious complaints are made against members of An Garda Síochána, as is often the case. The aim is to ensure they are dealt with quickly and efficiently so that the progression of gardaí in their careers is not delayed and to reduce the potential implications that can arise later in life as well.

In closing, I wish to recognise the important work of Ms Kathleen O’Toole and her fellow members of the Committee of the Future of Policing. Their 2018 report heavily informed and indeed inspired the provisions of this Bill. I again pay tribute to Dr. Vicky Conway, whom we have mentioned already. I thank the members of the Oireachtas Joint Committee on Justice for their work during pre-legislative scrutiny. A number of recommendations have been taken on board and amendments have been made based on those recommendations. I look forward to their continued engagement as this Bill passes through the House. I look forward to continued engagement with Members here represented by Fórsa as well in the weeks ahead.

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