Mick Wallace (Wexford, Independent)
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I move amendment No. 7:

In page 7, to delete lines 28 to 30 and substitute the following:"(b) the principle that effective and efficient policing is dependent on the confidence, support, engagement and cooperation of local communities and every member of the Garda Síochána or member of the civilian staff of the Garda Síochána should, in carrying out his or her functions—

(i) act professionally, ethically and with integrity,

(ii) carry out his or her functions with the aim of securing the support of, and acting in cooperation with, the local community, and

(iii) be guided by the code of ethics under section 17 (Code of Ethics)".

We are looking to substitute the amendment listed above for lines 28 to 30 in the new section 3B(b) inserted by section 5 of this Bill. The policing principles section of the proposed legislation should include a reference to the code of ethics in section 17. The 2005 Act sets out that the Minister shall establish by regulation a code of ethics, including conduct and practice for members of An Garda Síochána following consultation with the Garda Commissioner, the Garda Síochána Ombudsman Commission and the Irish Human Rights and Equality Commission and with regard to European standards. Neither the Minister nor any previous Ministers actually has done this.

The proposed Bill sets out that the authority shall set a code of ethics but the clause regarding breach of the code of ethics being a breach of discipline, which was included in the heads of Bill in November 2014, has been removed from the proposed legislation. The heads also included the code of ethics in the policing principles but this has been removed from the legislation. Under the 2007 disciplinary regulations, a breach of the code of ethics if it existed would be a breach of discipline. However, this is only secondary legislation and can be revoked at any point by the Minister's executive power. We argue in subsequent amendments that a code of ethics should be included in the Bill and that any breach of such a code would be a breach of discipline and sanctioned accordingly.