Oireachtas Joint and Select Committees

Tuesday, 15 February 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Policing, Security and Community Safety Bill: Discussion

Mr. Derek Mullen:

I will respond briefly to Deputy Smyth's first question. I have been representing civil servants for more than 30 years, and this is probably the second occasion we have seen legislation proposed or introduced in this way. The first occasion was the financial emergency measures in the public interest, FEMPI, introduced during the economic crisis. We were very critical of those measures and have spent quite some time in recent years seeking to roll them back.

We have not had any consultation. When the heads of the Bill were published, I could not point to one circumstance or meeting when there was appropriate consultation on this matter. That is why I made the FEMPI comparison. Over the years, I have become well used to organisations being established out of Civil Service Departments, such as the Irish Aviation Authority, for instance, and there are many other examples. We will shortly go through a process with the Irish Prison Service. There was consultation in all those circumstances. We have not had it on this occasion. We have questioned this. We are required under the terms of national agreements to comply with all the co-operation and consultation arrangements that are set down. In this instance, the employer has been cavalier in terms of its commitments under national agreements, and it is not acceptable.

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