Dara Murphy (Cork North Central, Fine Gael)
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Following discussions between the Minister's officials, Parliamentary Counsel and legal advisers in the Office of the Attorney General on the code of ethics provision, the Minister is satisfied that the policy objective in respect of the code is achieved in the overall substance of the final text. I have, for example, already drawn the attention of Deputies to the solemn declaration under section 16 of the principal Act which is made by each and every member of the Garda Síochána before a peace commissioner. That of itself is a clear declaration of an intention to act and behave ethically. In addition, the disciplinary process in the Garda Síochána is a formalised process grounded in regulations. Under those regulations, less serious actions such as untidiness on duty, more serious actions such as discourtesy to a member of the public and neglect of duty, and extremely serious actions such as criminal activity are all disciplinary matters.

On amendment No. 169, section 57 amends section 123 of the principal Act to require the Minister to consult the authority in addition to consulting the Garda Commissioner, GSOC and the Garda Síochána Inspectorate prior to making disciplinary regulations. This provision is particularly necessary in the context of the power of the authority to remove certain senior members of the Garda Síochána under section 10. Section 57 also deletes the provision whereby failure to comply with the code of ethics would result in disciplinary action.

The Minister is satisfied that it is unnecessary to legislate to make a code of ethics binding and to attach a disciplinary consequence to a failure to comply with the provisions of such a code. Under the current disciplinary arrangements, the behaviour that would constitute such a failure is in any event already liable to the disciplinary process. The Minister, Deputy Fitzgerald, is satisfied that the provisions at section 16 strike the right balance in the context of the existing legislative provisions relating to the behaviour of members of the Garda Síochána and she would therefore ask the Deputy to withdraw his amendments.