Michael McDowell (Dublin South East, Progressive Democrats)

While the establishment of policing committees has been broadly welcomed there was much debate about the provisions in the Bill as initiated on Committee Stage in the Seanad. This transcended political lines and party ideologies. The key points raised were primacy at local level of elected representatives and town councillors who had a mandate, the involvement of Members of the Seanad and the Dáil on the committees and the appropriateness of the committees operating within the framework of city and county development boards as was the original model.

In the light of the debates, changes were made in section 30 to introduce representation on the committees at town council level and I have moved away completely from the county and city development boards model. A number of changes were also made to section 31(2) on making the guidelines governing the establishment of the committees which have been expanded to include points raised in the Seanad concerning, for example, Members of the Oireachtas, not just the Dáil, being on the committee, nomination of members by local authorities, the appointment of a chairperson from the local authority members, nomination by the Garda Commissioner of gardaí of adequate rank and seniority, the establishment of sub-committees, the term of office of the committee, the application of qualified privilege, the attendance of bodies and persons before the committee, an enabling type of provision to allow for guidelines to facilitate the attendance of Members of the Oireachtas and the circumstances in which meetings of the committee may be held other than in public.

In framing those proposals, I have taken into account the views and recommendations of the National Crime Council. I have explained to the chairman of the council, Mr. Padraic White, whom I met earlier this week, the reasons the provisions in the Bill differ in some respects from those favoured by the council. I am considering further points made to me by Mr. White and I may bring forward further amendments to these provisions on Committee Stage. He is particularly anxious that voluntary and community bodies should have some recognition on the committee. Naturally, I will be very interested to hear the views of Members on these important and novel measures.

Significant provisions are included in the Bill in regard to upholding and protecting human rights. The Garda Síochána must have regard to this important new element in performing its functions. The revised solemn declaration new members of the Garda Síochána must make will also contain a specific reference to upholding human rights, and this will be underpinned by a provision in the Bill for drawing up a new code of ethics for the Garda.

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