Dara Murphy (Cork North Central, Fine Gael)
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Section 5 of the Bill inserts a new section 3B into the principal Act which sets out the policing principles that will underpin the provision of policing services in the State. According to these principles, policing should be conducted independently, impartially, in accordance with the law and in a manner that respects human rights and supports the proper and effective administration of justice. Such principles are a feature of the legislation underpinning the policing services in Northern Ireland, Scotland and New Zealand.

I note that the Deputy's amendments seek to replace the text in the Bill with text from the general scheme of the Bill that related to the principles. The Deputy will be aware that a general scheme is not of itself law. Rather, it purports to set out the general policy requirements that are sought to be included in the legislation when drafted by the Office of the Parliamentary Counsel.

Following intensive discussions between the Minister's officials, Parliamentary Counsel and legal advisers in the Office of the Attorney General, the provision relating to policing principles was developed to set out a series of overarching and guiding principles to underpin the provision of policing services in the State rather than to impose specific requirements on individual members of An Garda Síochána. That is not to say, of course, that the specific requirements in the Deputy's amendment should not inform members in carrying out their day-to-day duties.

In this context, I draw the attention of the Deputy to the solemn declaration under section 16 of the principal Act which is made by each and every member of An Garda Síochána before a peace commissioner. Each member declares that he or she will faithfully discharge the duties of a member of An Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws, according equal respect to all people, and to the best of his or her skill and knowledge, discharge all duties according to law. In the circumstance, the Minister would invite the Deputy to withdraw his amendment.