James Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 3.

In page 21, after line 34, to insert the following:

“PART 4

AMENDMENT OF ACT OF 2005

Amendment of section 3(1) of Act of 2005

28. Section 3(1) of the Act of 2005 is amended by the insertion of the following definitions:

“ ‘controlled drug’ has the same meaning as it has in section 2 of the Misuse of Drugs Act 1977;

‘psychoactive substance’ means a psychoactive substance within the meaning of section 1 of the Criminal Justice (Psychoactive Substances) Act 2010 to which that Act applies;

‘sample’ means a sample of any of the following taken, or to be taken, from a person:

(a) urine;

(b) hair, other than pubic hair;

(c) oral fluid, including saliva;

(d) blood;”.”.

Amendment No. 3 adds the definitions of "controlled drug", "psychoactive substance" and "sample" to the Garda Síochána Act 2005. Amendment No. 4 provides that the Garda Commissioner has the power to perform the functions assigned to him by the regulations designed to establish, maintain and operate the drug-testing regime. Amendment No. 5 provides the Minister with regulation-making power with regard to the establishment, maintenance and operation of the drug-testing regime and provides for who that regime will apply to, namely, applicants to the position of member of the Garda, trainee members and civilian staff of An Garda Síochána.

Amendment No. 6 provides the Minister with a regulation-making power with regard to Garda discipline and ensures any drug test failure or failure to comply with the regulations made to establish, maintain and operate the drug-testing regime will result in disciplinary proceedings. Amendment No. 7 provides for a change to the Schedule of the Garda Síochána Act 2005 which deals with a breach of discipline. The amendment will reflect the fact that intoxication in the context of a breach of discipline will include liquor, controlled drugs or psychoactive substances, as opposed to previously having simply referred to liquor and drugs.

Amendment No. 8 changes the Long Title to facilitate the said amendments being included in the Bill.