Simon Harris (Wicklow, Fine Gael) | Oireachtas source

I know the Deputy wants to change it but he did not suggest it is new. It is a restatement of section 41(1)(d) of the 2005 Act previously passed by these Houses. The amendment would significantly limit the necessary communication flow between the Commissioner, the Minister and the Department. I am strongly of the view that the line of communication is required.

This is essential to facilitate the Commissioner and the Minister in discharging their respective functions and responsibilities in respect of policing and security in the State.

Chapter 12 of the commission on the future of policing report, noted that an Garda Síochána and other criminal justice services are and should be accountable to the democratically elected Government of the State. The role of holding An Garda to account is exercised through the Minister for Justice and there is no change to that proposed in the legislation. In turn, the Minister for Justice is politically accountable to the Oireachtas for policing matters.

Given the very wide range of functions and responsibilities, but also the way our democracy works, the variety of different and sensitive issues, and indeed issues which the Deputy or I may not think of that could happen - and that one could then say that that is not allowed for in primary legislation - I therefore think it would be very unwise to fetter the professional discretion of the Commissioner to provide such information to the Minister or the Department, as he or she deems appropriate.