Dara Murphy (Cork North Central, Fine Gael)
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We have been over and back on the constitutional question already. The amendments cover the setting of priorities for policing in the State, the approval of a three-yearly strategy statement for the Garda organisation and the adoption of the annual Garda policing plan. I do not propose to enter into a detailed discussion of what is involved in each of these areas, but it will be clear, on any analysis, that what we are talking about is a set of very significant functions. In this regard, Deputies will appreciate, in particular, that the setting of priorities for the Garda Síochána is a matter of the highest importance in determining how the force will operate in carrying out its functions throughout the country. These priorities, in turn, feed into the Garda strategy statements and annual policing plans, which also play a vital role in directing the Garda. Furthermore, they are pivotal in terms of the allocation of financial and other resources throughout the Garda organisation.

In view of the importance of the functions involved, and on the basis of the legal advice provided by the Attorney General, the Minister is satisfied that it would not be appropriate for the authority to take the final decisions on the matters covered by the Deputy’s amendments. For that reason, the Bill provides that the areas in question will be subject to a co-decision procedure with the authority which will involve approval being given by the Minister. In the circumstances, the Minister considers that the approach in the Bill is the correct one. It is also our understanding that similar arrangements apply in other jurisdictions, including in Northern Ireland and Scotland. Therefore, on behalf of the Minister, Deputy Fitzgerald, I am not in a position, to accept these amendments and I would ask the Deputy not to press them.

Amendment No. 88 is a Government amendment, the purpose of which is to make statutory provision for the Garda Commissioner to provide the authority with a strategy statement for policing services for the following three years. This amendment is necessary because the strategy statement for 2016 to 2018 is currently under preparation. The requirement is that a new strategy statement be provided within six months of the establishment day of the authority and thereafter every three years from the date of the previous statement.

The authority will be independent and have a significant body of specific functions, which will include: nominating persons for appointment by the Garda Commissioner to the posts of Garda Commissioner and deputy commissioner; appointments of persons to the ranks of superintendent, chief superintendent and assistant commissioner and their removal for reasons relating to policing services; appointing persons to senior positions within the Garda civilian staff; determining, with the agreement of the Minister, Garda priorities relating to policing services; approving, with the agreement of the Minister, the three-yearly Garda strategy statement; approving, with the agreement of the Minister, the annual Garda policing plan; establishing a Garda code of ethics; promoting and supporting the continual improvement of policing in the State; and exercising the current functions of the Minister regarding joint policing committees, involving local authorities.