Oireachtas Joint and Select Committees

Wednesday, 8 December 2021

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Garda Síochána (Powers) Bill 2021

Mr. Bob Collins:

It is very useful that legislative provision is being made on it because it provides the opportunity to set some limits to it. I do not believe that opportunity has been taken in this proposed Bill. It is worth reflecting on the effectiveness of it. There is little, if any, evidence to suggest that it is an effective policing mechanism. As the Deputy has said, the literature suggests a very small percentage of cases result in arrests and a small percentage of those result in any subsequent action.

I was going to make reference to the need for the collection of much more detailed information than we have. We do not have any information at all on the nature and extent of stop and search, and the age, the gender and ethnic indicators of those who are stopped and searched. We would be naïve and self-delusional if we thought that Ireland was a complete outlier in this respect and that there was a precisely proportional representation of the entire population in people who are stopped and searched. Certain protections could be included in this provision.

This is a good opportunity to introduce a requirement to record ethnic identity or at least a facility for facilitating that. I can understand that there may be a reluctance in any particular measure to introduce this when it has implications across the whole of Government. However, this is one area where there is no overspill because no other agency has the capacity or the power to stop and search people. This begins and ends with the Garda Síochána. There is a real virtue in providing the legislative support necessary for a comprehensive process of collecting ethnic data.

Without that, the Garda Síochána will have no sense of the composition of the people with whom it comes into contact. Without that, it will not be possible to set aside the not-unreasonable concern that Ireland will be like other countries and apply this facility disproportionately in respect of particular communities or sections of communities within the population. That would be a critical opportunity lost. If I have omitted something, the Deputy may come back to me.