Oireachtas Joint and Select Committees
Thursday, 10 July 2025
Committee on Defence and National Security
General Scheme of the Defence (Amendment) Bill 2025: Discussion (Resumed)
2:00 am
Mr. Derek Priestley:
To clarify, I am not saying that local contact does not happen between, let us say, a Garda superintendent and an assistant provost marshal, but it would be my experience that the formality or probity of that and how it might come about is down to personal relationships. The obligation in the Garda code is that, if an individual is arrested or charged, it is at that point there would be contact made, but that is it. It is very limited. What this would suggest is that, at an earlier point in an investigation, the individual is required to inform their CO. We are suggesting, and I would believe any APM or provost marshal would be in favour of this, that there would be a data-sharing mechanism, a formal statutory basis on which that information could be shared. I also appreciate that, if particular types of investigations are ongoing that could involve mobile phones, PCs or laptops or there are sensitive investigations into sexual offences in particular, a local garda is not necessarily going to trust an APM they do not know with this information. The question, ultimately, for the policymaker is at what point and with whom should this information be shared so that an appropriate decision regarding suspension can be made. We are trying to point out that, as the legislation stands, there is no data-sharing mechanism. Does it happen? I imagine it probably does, but what can an APM do if the information is shared in confidence, discreetly or for their information? Is it legal? I do not know. That is a problem policymakers have to decide on.