Simon Harris (Wicklow, Fine Gael) | Oireachtas source

Amendments Nos. 2 and 3 both concern "policing principles", but they are quite different and I will deal with them separately. Amendment No. 2, in the name of Deputy Ó Ríordáin, restates, subject to certain important amendments, the meaning attributed to "policing principles" in section 3B of the 2005 Act, as amended. It is important to note that this Bill provides for a significant and welcome expansion of "policing principles", compared to the current Act. There is a new reference to "community safety". There is also an important change from respecting human rights to "protecting and vindicating" human rights. This represents a move beyond respecting human rights to a policing principle of protecting and vindicating human rights. There are also new references to "being accessible to, and engaging with, communities" and providing "policing services ... within a national framework while having a particular regard to communities". Perhaps most importantly, a new provision provides that "every member of garda personnel is required to act professionally, ethically, with integrity and in a manner that protects and vindicates human rights". There is quite a significant amount of change in this legislation compared to the current Act. I argue and think we would agree that these are progressive and inclusive changes, which I hope will support and guide the work of An Garda Síochána in the coming years.

Section 4(b)(i) of the Bill states that policing services are to be provided "independently and impartially". That is lifted from the existing Act. Deputy Ó Ríordáin's amendment proposes to add the term "and in accordance with the law". I acknowledge the principle underlining this amendment. Of course people have to operate in line with the law. Having taken legal advice, I am of the view that this amendment is unnecessary because every public body is required to carry out its legal obligations in accordance with the law. In many ways, it must go without saying because it is such an important fundamental tenet that people have to act in accordance with the law. When it comes to members of An Garda Síochána, it takes on an additional significance because not only are they bound by the law like all the rest of us but they are also bound by a solemn declaration to comply with the law. All Garda personnel will also be bound by the standards of professional behaviour that are provided for in section 255 of the Bill.

We are proposing a significant expansion of policing principles. We are progressively and inclusively changing the wording from the 2005 Act to this Bill by including provisions on acting "ethically, with integrity and in a manner that protects and vindicates human rights". We are providing for a "solemn declaration" and for the standards set out in section 255 of the Bill. Obviously, it is a statement of fact, legally, that people must act in accordance with the law. For all of these reasons, I am not sure of the benefit of this addition, although I appreciate the principle.

Amendment No. 3, in the name of Deputy Costello, seeks to insert an additional subparagraph into section 4(c) of the Bill, again relating to "policing principles". At present, that subsection refers to the principle that effective policing is dependent on "securing the support and confidence of the public" and "being accessible to, and engaging with, communities". The Deputy's amendment provides that in addition, there should be a provision stating that effective policing is also dependent on "transparency, accountability and effective oversight". The current subsection is based on section 3B of the 2005 Act, as amended. Its purpose as a principle in its own right is to denote the importance of community support and engagement in An Garda Síochána's ongoing commitment. I do not wish to be difficult or pedantic but, in many ways, I do not see how the Deputy's proposal fits into that subsection. We are trying to include a specific subsection here on the idea of community support and engagement. I presume the Deputy would wish the issues he outlines to transcend beyond that subsection.

As I have already said, the Bill proposes a significant expansion of the meaning of "policing principles". I have mentioned the reference to "community safety" and the change from respecting human rights to protecting and vindicating human rights. There are new references that did not exist before, for example with regard to "being accessible to, and engaging with, communities". I have mentioned that a "national framework" for policing will have "particular regard to communities". There is an onus in the development of the national policing framework on being interlinked and involved with communities. As I said in the context of amendment No. 2, there is also the idea of the new provision stating the obligations of a Garda "to act professionally, ethically, with integrity and in a manner that protects and vindicates human rights". When I consider these proposals in the round, I believe this legislation has made a number of significant changes that ultimately achieve a similar aim to what the Deputies are trying to achieve.

I note that in a lot of the commentary on the Bill some people say the Bill is going too far in terms of oversight and others say it is not going far enough. I believe the balance is correct and we can tease through this as we go through Committee and Report Stages. I hope some of the areas I have outlined show how we have tried to make conscious and factual changes in these areas.