Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I move amendment No. 99:

In page 21, between lines 1 and 2, to insert the following:“23. Section 25 of the Principal Act is amended to be read as follows:

“25. (1) The Authority may issue to the Garda Commissioner written directives concerning any matter relating to the Garda Síochána.

(2) The Garda Commissioner shall, in performing the functions of that office, comply with any directive issued under this section.

(3) As soon as practicable after issuing a directive under this section, the Authority shall provide a copy of the Directive to the Minister who shall cause a copy of the directive to be laid before each House of the Oireachtas, but if compliance with this requirement might prejudice the security of the State or might impede the prevention, investigation or prosecution of an offence, it is sufficient if a written statement indicating that a directive has been issued is laid before each House.

(4) The Authority’s power under subsection (1) may not be exercised to limit the independence of a member of the Garda Síochána in performing functions relating to the investigation of a specific offence or the prosecution of an offence.

(5) The Garda Commissioner shall inform the Authority of the measures taken by the Commissioner to comply with a directive issued under this section and supply the information within the time specified by the Authority.”.”.

The objective of amendment No. 99 and the other amendments is to allow for the authority rather than the Minister to issue written directives to the Garda Commissioner. This is on the same theme we have been raising throughout discussion on the Bill.