Seanad debates

Wednesday, 4 October 2023

Policing, Security and Community Safety Bill 2023: Second Stage

 

10:30 am

Photo of Robbie GallagherRobbie Gallagher (Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an Aire ar ais go dtí an Teach. The Minister is welcome to the House. I thank her for outlining in good detail the bones and framework of this important legislation, the Policing, Security and Community Safety Bill 2023. From my party's perspective, we very much welcome and support the Bill, which, as the Minister outlined, provides a new framework for policing, security and community safety. When enacted, it will repeal and replace the current legislation, the Garda Síochána Act 2005, in its entirety.

The Bill is based on the recommendations of the commission report, which was informed by extensive consultation, including with members of the public. The Bill has four main objectives, as the Minister outlined. It aims to make community safety an all-of-government responsibility. It strengthens the independent external oversight of the Garda. It strengthens internal governance by the establishment of the new non-executive board of the Garda. It also provides for the oversight of national security arrangements in the State and for the establishment of an independent examiner of security legislation. I will consider those objectives in a little more detail.

Making community safety an all-of-government responsibility is important. As we know, gardaí are immersed in the community and, thankfully, have the consent of the community to do policing. The Garda is an unarmed force and has always, and rightly, enjoyed the support of the community. That is something we sincerely hope will continue. The Garda is there to support all our citizens, particularly the most vulnerable in our society. I am glad to know there will be new activity for harm prevention that is not related to crime. That activity aims to assist people with mental health conditions, homeless people, children, the elderly and others at risk. That is welcome.

The prevention of harm to individuals who are vulnerable or at risk is, as I outlined, a specific objective of the Bill. The objective of promoting safer communities through the prevention of crime and harm, particularly to individuals who are vulnerable or at risk, is a shared responsibility - which is a good development - with other Departments and agencies, such as those in the health sector, social services, local authorities and the wider community, working together.

The Bill puts in place a new framework for community safety. It includes a national strategy for improving community safety, a designated Cabinet committee to provide political oversight, a national community safety steering group to provide senior leadership and direction, and a national office for community safety, sitting under the steering group, which will be the operational executive with responsibility for delivering the national strategy objectives and supporting the local community. Those are initiatives to be welcomed.

Another of the objectives is to strengthen the independent oversight of the Garda, which is important, as the Minister outlined. It is important that members of the public have total confidence in the Garda.It would be remiss of us not to highlight the fact that, unfortunately, some members of the force have let others down by their activities. It is important that there is proper oversight over members of An Garda Síochána as they go about their daily duties. Having said that, it would also be remiss of me not to highlight the fact that members of An Garda Síochána have issues with investigations carried out by the Garda Síochána Ombudsman Commission, GSOC, and specifically with the time it takes for investigations to be completed. In some cases, they can go on for years, which is very unfair on everybody concerned. I do not know whether that is down to GSOC being short-staffed or another issue but I am aware of some cases where members have been under investigation for years. That is certainly not satisfactory and I sincerely hope that this much-needed oversight will be fair and balanced and carried out in a manner and within a timeframe that are satisfactory to all concerned.

I will make another point on that issue. We talk here about oversight and it is vitally important that we have oversight but there is one issue with this that causes me some concern. Who is to have oversight of GSOC? Every organisation should have an overarching body that has oversight over its activities. That is an aspect of this Bill that concerns me. From my observations to date, that seems to be lacking. It is important that this matter is looked into.

My third point is on the internal governance of An Garda Síochána. This, again, is very much something to be welcomed. I welcome the developments in that regard. The only wee concern I have is that those who are going to be overseen, that is, those at the rank of garda, sergeant or inspector, do not seem to help make up the governing body and have no voice on it. From an operational perspective, the inclusion of a member on that board would add value. Perhaps that is something the Minister could take on board.

By and large, my party and I are very happy to support the Bill. Every organisation needs reform from time to time and the Garda is no different. We are pushing an open door because the gardaí I speak with themselves want to see a modern police force. They want to retain the special link and relationship they have with the community. That is something we should cherish and never take for granted.

We have ongoing challenges with where An Garda Síochána is as an organisation. The impasse that seems to have developed between Garda Commissioner Drew Harris and the Garda Representative Association disappoints me very much. I have spoken to the Minister here about that a number of times and I know that she has encouraged all stakeholders to get around the table and try to sort matters out. Unfortunately, there does not appear to be much progress being made at this point in time. Perhaps we are getting to the point at which the Minister should consider appointing a mediator to mediate between both sides because we have a very serious impasse here. I am not going to criticise either side. In the same way as the Minister, all I want is a solution. I again appeal to all sides to sit down around a table without any preconditions whatsoever to try to find a solution. In the history of An Garda Síochána, which stands at more than 100 years, we have never been in a situation like that we are in now. I ask everyone involved in this impasse to reflect on that because, at the end of the day, gardaí are servants of the people. They are here to serve the people and I ask them to drop any preconditions. Perhaps it might take a mediator appointed by the Minister to initiate such a process. At the moment, we are going nowhere in a hurry and that is something neither the Minister nor I want to see.

In summary, I ask that the Minister reflect on the possibility of appointing a mediator to try to get the two sides around a table. It is often the case in disputes that it takes somebody new to come to the table with a fresh pair of eyes to see an opening that both sides can buy into. Again, I am happy to support the Bill and commend the Minister on bringing it forward. I look forward to its speedy passage through the House.

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