Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 35:

In page 54, line 9, after “Síochána” to insert “or public safety generally”.

Section 51 provides for the removal of members below the rank of chief superintendent for reasons of public confidence. As drafted, members could be removed from office where public confidence is undermined by their continued membership. As with similar amendments that I have already spoken to, my intention in tabling this amendment is to tease out the distinction between public confidence and the exercise and fulfilment of functions of a member of An Garda Síochána. My view is that public safety should be the primary consideration when considering the removal of a member of An Garda Síochána. This amendment reflects and acts on that by referring to the impact of the continued membership of the individual in question on public safety generally.

Amendment No. 36 is consequential to the previous amendment which states that the Garda Commissioner shall have regard to the impact on public safety generally of the continued membership of a member of an Garda Síochána before issuing an order for dismissal. This amendment would provide that a member could be dismissed where his or her dismissal is necessary to maintain public safety in a general sense.