Ms Josephine Feehily:

I first want to make a plea in respect of the effectiveness of the Policing Authority. We stated in our report that if we had been given some start-up time before commencing operations, the authority would have been more effective. If this Bill, or a version of it, is enacted, we ask that a commencement order is put in place to give us time to prepare before starting to exercise new functions.

On section 2, members are well aware that the authority has had difficulties with spontaneous notifications. We discussed this issue the last time I appeared before the committee. We find the sentiments of this amendment very welcome and we very much wish and expect to be informed of the items listed in the section. The risks with the section arise because it is highly prescriptive. I find this to be a weakness of Department of Justice and Equality legislation generally. When legislation is prescribed in micro detail, it creates a problem where an issue arises that falls outside the prescribed detail. I have in mind the example of what would be known in the Garda as an evaluation. If an evaluation initiated by a chief superintendent found something outrageous, everybody could fold their arms and say they do not need to tell the Policing Authority.

Our preference, which was in our section 62(O) report, was a simple amendment to section 41(a). Section 41(a) states that the Garda Commissioner shall keep the Minister and the Secretary General fully informed of matters such as the preservation of peace, protection of life, "significant developments that might reasonably be expected to affect adversely public confidence in the Garda Síochána", and two others. The Deputy mentioned the breath test issue. The remarkable aspect of that is the Garda told the Department of Justice and Equality; it just forgot to tell us. If the authority is in the same line, whereby if the Garda Commissioner has to tell the Minister something he or she also has to tell the authority, it might be a simpler and more comprehensive-----