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

It is not that I disagree with the overall objective of the amendments, but similar to previous conversations, I am not sure they are necessary because many of them are covered in what is already in the Bill.

Regarding amendment No. 27, while I do not disagree that such conduct could be reason for removal of an officeholder, the functions of the Garda are set out in section 33 of the Bill and this includes the direction, control and management of An Garda Síochána, so it is difficult to conceive of a conduct that would bring discredit on the office of the Commissioner that would not bring discredit on the Garda as whole or An Garda Síochána more generally. Section 31(1)(b) relates to the organisation itself. It states that the removal of the person from office would, in the opinion of Government, be in the best interests of An Garda Síochána. That part in particular clearly states the reason a person would be removed is because it is in the best interest of An Garda Síochána more broadly. That is the reason amendment No. 27 is not necessary.

On amendment No. 28, the question is why we would single out public safety. I note it is in a separate amendment, namely, amendment No. 34, as well that the removal of a person from office would, in the opinion of the Government, be in the best interest of An Garda Síochána or public safety. Again, it is overly prescriptive. There is not necessarily a rationale as to why we would single that out when the role of An Garda Síochána is to keep people safe. If that is in any way impacted, it would be grounds for some form of dismissal.Again in amendments Nos. 33 and 34, the change is "to discredit of An Garda Síochána" as opposed to the office. This is very much linked with the first one, where a person has engaged in conduct that brings discredit to the office, by nature they are then bringing discredit to An Garda Síochána more generally. As I said at the outset, there is a particular provision in the Bill at section 31(1)(d) relating to the organisation, which states that removal of the person from office would, in the opinion of the Government, be in the best interests of An Garda Síochána. I know it is language and words. The overall objective the Senator is trying to reach is already reached in the legislation and the wording not just in this section but in other sections as well. For those reasons I will not be accepting the amendment.