Oireachtas Joint and Select Committees

Wednesday, 28 January 2015

Select Committee on Justice, Defence and Equality

Garda Síochána (Amendment) (No. 3) Bill 2014: Committee Stage

2:30 pm

Photo of Dara MurphyDara Murphy (Cork North Central, Fine Gael) | Oireachtas source

The aim of the new section being inserted is to place a statutory obligation on the Garda Commissioner to provide to GSOC any information it needs for the purposes of either the investigation of complaints or matters comprehended by sections 102 and 102B. The requirement is that this information will be provided as soon as practicable, that is, as soon as it is feasible to so do. This contrasts with the amendment, which allows for up to 30 days for material to be provided. I believe all agree on the requirement for things to happen as quickly as possible, but the formulation in the Bill, rather than a specific timeframe, is preferable because it recognises that from time to time, there will be instances in which the information cannot be obtained - within 30 days in this instance - or whatever the specific timeframe. The Minister is aware there have been situations in which the amount of time taken to supply information or material to GSOC has been unacceptable. There have perhaps been too many times when this has happened, but she has considered the position carefully and is satisfied that the new provision as drafted is sufficient to ensure that GSOC will be able to obtain any necessary information in a timeframe that is appropriate to the individual complexities and specifications of whatever case might arise. In this context, the Minister would stress that the main purpose of the new section is to place a specific statutory duty on the Garda to provide the information sought and she believes this will be successful. Consequently, in the circumstances the Government will not be able to accept the amendment.

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