Michael McDowell (Dublin South East, Progressive Democrats)

I move: "That the Bill be now read a Second Time."

I am pleased to have the opportunity to open this debate on the Garda Síochána Bill 2004. As I stated previously, it contains the most important legislative proposals on policing ever to come before the Houses of the Oireachtas. The Bill is comprehensive in that it will replace, with only a couple of exceptions, all of the Garda Síochána Acts dating back to 1924. It will act as a modern constitution for a modern and even more professional police force at the beginning of a new century.

Since I decided to publish the general scheme of the Bill with detailed explanatory notes in July 2003, I have been receptive to the comments and observations of interested parties and the public in general on the Bill's provisions. Submissions were invited on the general scheme and approximately 15 individuals and bodies took the opportunity to correspond on the Bill. In September 2003, I participated in a meeting of the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights to discuss the draft proposals and hear the views of committee members. Consultations continue with Garda management and the Garda associations. I am grateful to everyone who expressed views on the original proposals, including the Human Rights Commission which raised several points but broadly welcomed the Bill. This input contributed to my deliberations since the original proposals were published and the Bill reflects my Department's detailed consideration of every view conveyed to it.

I remain receptive to suggestions from Deputies that may further improve the Bill, which aims to support the efficient and effective operation and administration of a 21st century police force; promote a good relationship between the Garda Síochána, Government and the Oireachtas; provide appropriate independent inspection and complaints investigation mechanisms; and command and maintain the confidence and respect of the public and members of the Garda Síochána in equal measure.

The Bill was introduced in the Seanad in February 2003 where there were full, lengthy and robust exchanges during the three Second Stage sittings on 2, 4, and 11 March 2004, and the six sittings on Committee Stage on 7, 8, 9, 10, 14 and 15 December 2004. Overall, the Bill was well received and the changes made as it progressed through the Seanad have sharpened its focus in some areas.

In the time allowed and given the extent of the Bill I can provide only an overview of some of its main provisions, highlighting key aspects as I go. I will be interested to hear the initial views of Deputies.

Most of the changes made in the Seanad were technical and do not warrant significant attention in this House. The key amendments however concern sections 31 and 32, dealing with the establishment and composition of joint policing committees with local authorities, and sections 105-112 where a new Part 5 was inserted to provide for the establishment of a Garda Síochána inspectorate.

The Bill as initiated has two main objectives. One is to reform the legislative structure under which the Garda Síochána is managed. This involves clarifying the role and objectives of the force and redefining its relationship with the Minister, the Government and the Oireachtas. It also provides for a new mechanism to deal with complaints by members of the public against members of the Garda Síochána.

Both objectives aim to meet key commitments in the programme for Government. I tabled an amendment on Committee Stage in the Seanad to provide a third objective for the Bill, namely, the establishment of an independent Garda Síochána inspectorate which will provide independent advice to the Minister in respect of the efficiency and effectiveness of the operations and administration of the Garda Síochána.

During the debates in the Seanad there were references to the policing function in the United Kingdom and the establishment of the Office of the Police Ombudsman in Northern Ireland. Circumstances here are quite different from those in the United Kingdom and in many other jurisdictions. In countries where there are several separate police forces, different structures are required from those in countries such as Ireland where there is a single, national police force. In the United Kingdom, for example, there are 43 regional police constabularies and several related but separate national law enforcement agencies, including the intelligence and security services, colloquially known as MI5 and MI6.

Here, the Garda Síochána is responsible for all policing matters and the intelligence and security functions relating to the security of the State. The structures as proposed in the Bill reflect this and are designed to meet our policing and security needs. Police complaints system models were examined in several jurisdictions, not just Northern Ireland, as a basis for the proposals in the Bill. We have learnt from and adapted the experience elsewhere to our needs and circumstances in the Bill.

The proposals in Part 2 of the Bill reflect the outcome of the review of the Garda Síochána carried out under the Government's strategic management initiative which set down some fundamental principles namely, the roles and functions of the Minister and the Garda Síochána should be clear; the management of the force should be responsible for operations, including finances; and the level of democratic accountability should be enhanced.

The provisions of the Bill covering the management of the Garda Síochána set out for the first time in legislation the functions and objectives of the force. The practice of gardaí initiating prosecutions in the name of the Director of Public Prosecutions is placed on a statutory footing.

While existing legislation is silent on the relationship between the Minister and the Garda Commissioner, which has changed substantially, this Bill openly defines their roles and relationship. Provision is made for the Minister to set policing priorities and to issue directives to the Garda Commissioner on a policing matter.

These measures attracted some criticism in the Seanad where it was suggested that some provisions may politicise policing or have the effect of the Minister for Justice, Equality and Law Reform controlling the operation of the police force. This is far from the truth, these provisions aim to clarify the separate roles of the Minister and the Garda Commissioner and to provide a transparent accountability structure.

The outbreak of foot and mouth disease is an example of a case in which a directive might be issued. Should such a situation arise again, the Garda Síochána might be required to close the Border immediately. There should be provision in law for such directives to issue. It should not be a matter for the judgment of the Garda Commissioner because it entails other issues such as governmental competence.

One can never foretell when the State's capacity to respond decisively and effectively to a significant event will be tested. This type of legislative provision will help support the State in responding efficiently to unforeseen events and as such it is an essential feature of the Bill.

There will be nothing secretive about this as the Bill contains inbuilt safeguards. Provision is made for every directive to be approved by Government and laid before both Houses of the Oireachtas, unless that would prejudice national security and even where it would, the fact that a directive had issued must be disclosed to both Houses.

No directive could ever interfere with the independence of the Garda Síochána in prosecutions. These safeguards provide the necessary openness and transparency to assure everyone that the process of issuing directives will not be abused and the requirements of democratic accountability will be met.

The Garda Commissioner is to be assigned new powers and responsibilities for the deployment of the force, financial matters and civilian support staff. The Garda Commissioner will take over responsibility as accounting officer for the Garda Síochána from the Secretary General of my Department and will appear before the Committee of Public Accounts in that capacity.

Other Oireachtas committees are not mentioned because the Garda Commissioner is required under other legislation to appear before them. The new powers and responsibilities assigned to the Garda Commissioner will be accompanied and balanced by more comprehensive accountability measures including the establishment of a statutory audit committee with independent members.

The Bill also provides for the establishment of joint policing committees. These will provide fora on which the Garda Síochána and local authorities can co-operate and work together to address local policing and other related issues managed by the local authorities, and where the gardaí can press for their interests to be taken into account. This is a significant innovation which will strengthen policing at local level. Shortly after my appointment as Minister, Deputy Rabbitte pressed upon me the importance of making this provision and this measure is in part a response to that proposal.

See this speech in context