Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 27:

In page 41, between lines 15 and 16, to insert the following: “(d) the person has engaged in conduct that brings discredit on An Garda Síochána or that may prejudice the proper performance of its functions, or”.

Amendment No. 27 seeks to include a provision in the Bill that the Commissioner or deputy commissioner of An Garda Síochána could be removed from office in circumstances where the person has engaged in conduct that brings discredit to An Garda Síochána or that would prejudice the proper performance of its functions. The Bill sets out the other circumstances by which a Commissioner or deputy commissioner can be removed from office before the natural conclusion of their term to include the failure to perform their functions and the engagement in conduct that brings discredit on the office of the Commissioner or deputy commissioner.

Amendment No. 28, like amendment No. 27, seeks to insert an additional provision in the Bill that could see the Commissioner or deputy commissioner removed from office in circumstances where their removal from office would be, in the opinion of Government, in the best interest of public safety. The Bill currently provides that the Commissioner or deputy commissioner can be removed if, in the opinion of the Government, it is in the best interest of An Garda Síochána. While it may be implied that what is in the best interest of An Garda Síochána is in the best interest of the public, it is our view that public interest should have precedence and, therefore, explicit reference. Within this, however, it is the issue of the Government being able to remove a Commissioner and deputy commissioner as it sees fit. Like the Government being able to directly appoint the Commissioner, this provision risks being politicised. We should look to insert safeguards to prevent the abuse of this provision by Governments and, therefore, reserve the right to introduce an amendment on Report Stage that would mandate Government to consult with relevant stakeholders, including but not limited to the Policing Authority, before taking the decision to unilaterally remove a Commissioner.

Amendment No. 33 inserts a provision that would facilitate the suspension or removal from office of an assistant Garda commissioner or chief superintendent in circumstances where the person engages in contact that brings discredit on the Garda or that may prejudice the performance of its function. It has a similar intention to amendment No. 27 but specifically relates to the assistant commissioners and chief superintendents. Importantly, unlike amendment No. 27, the relevant section contains a safeguard that ensures that board approval must be sought prior to the provision being acted on.

Like amendment No. 33, amendment No. 34 expands the circumstances where an assistant Garda commissioner or chief superintendent can be suspended or removed from office to include circumstances where it would be in the best interest of public safety. This amendment has a similar intention to amendment No. 28, discussed already, but like amendment No. 33, it relates specifically to the offices of the assistant commissioner and the chief superintendent.