Joe Costello (Dublin Central, Labour)

They will not have to pay so much for the houses adjacent to the Minister's prison when it is built.

Section 32 would allow for a joint policing committee in respect of each of the 26 counties, five cities and 80 towns, while major metropolitan suburbs such as Fingal and Tallaght are ignored. There should not be a single model of community policing. Urban and rural areas and towns and cities have different policing needs. Flexibility is required to ensure that whichever model is chosen, it meets the policing needs of the community in question.

I noted the discussion on the county and city development boards in the Seanad and the decision of the other House to remove them as suitable models. I am inclined to agree with its decision and strongly favour the inclusion in the structures of community policing of an operational model consisting of a strategic policy committee based on the county council or county borough. This would bring together local public representatives, local authority officials, senior gardaí, representatives of State agencies and community and business interests. Together and in consultation with a new Garda authority, these committees would prepare a county or city policing development plan. As matters stand — we do not yet have a Garda authority — this plan would be prepared with the Garda Commissioner.

Area committees in the local authorities, based on Dáil constituency boundaries, would then prepare a constituency policing plan. This would be agreed by local public representatives, senior Garda officers from each Garda station, community and business interests and local authority officials for the area. It would be approved by a Garda authority.

The community policing forum would be the basic unit of interface between the public and the Garda. It could operate within a geographical remit of one Garda station or more or a local electoral area or part thereof. Local needs would determine time and place. It would be a forum in which public representatives, local Garda officers, residents' associations, community groups, members of the public and local authority officials could assemble in committee or open forum as circumstances warranted. Residents would articulate their concerns, observations and experiences of crime in their communities. Crimes against the person or property, alcohol and drug abuse, vandalism and anti-social behaviour would be discussed and noted. Factors giving rise to these criminal activities and strategies to tackle them would be identified. Allocation of policing work would be agreed within the forum. In some instances the local authority would be asked to take action through such means as improved lighting, extinguishment of rights of way over laneways and issuing warnings to or evicting tenants. A community co-ordinator would liaise with the Garda, local authority and community and business groups to ensure the agreed policing work and other delegated work was carried out and the various groups and individuals were kept informed on a regular basis of progress.

Incidentally, the Joint Committee on Justice, Equality, Defence and Women's Rights recently approved my appointment as rapporteur to draw up models of best practice for community policing structures. The joint committee will shortly place advertisements in the national media inviting oral and written submissions. We will hold a series of oral hearings at the beginning of March which we have asked TG4 to televise live. We will invite in the main players, including the Minister, the Department, the Garda Commissioner, the Judiciary, the Courts Service, existing pilot models of community policing, the Northern Ireland Policing Authority, the Lord Mayor's commission, local authorities etc. It is intended that our report will include model schemes which are sufficiently flexible to be adaptable to rural and urban community policing needs.

The power of the Garda to prosecute summary offences in the District Court as "common informers", effectively as ordinary members of the public mounting a private prosecution, is to be abolished. In future the Garda may prosecute only in the name of the Director of Public Prosecutions and will be subject to his direction. This reflects recent practice and is a major step towards the establishment of a unified prosecution service. However, section 8(6)(b) then provides that nothing done by a member of the Garda Síochána in instituting or conducting a prosecution is invalid by reason only of the member's failure to comply with a direction given by the DPP. What is the thinking behind this proviso which runs the risk of making the reforms irrelevant?

While one can understand that there may be circumstances in which it is necessary to appoint a person from outside the force to be commissioner, as section 9 permits, why is the same wording repeated in following sections to permit non-gardaí to be appointed to every rank? This provision needs to be tidied up.

The Minister attracted considerable publicity when he announced his intention to abolish unauthorised communications between gardaí and journalists. In particular, he alleged that what amounted to institutionalised bribery was taking place. His proposals in section 55 represent a more measured response. Nonetheless, we will submit amendments to the section to ensure that unauthorised disclosure of information can be defended on overriding public interest grounds, such as whistleblowing.

With regard to the legal status of members of the Garda Síochána, the intention behind the Bill is to repeal all the Garda Síochána Acts other than those dealing with Garda compensation and the acquisition of premises. The Bill continues the existing force in being and, for the first time, sets out the statutory functions of the force. It then provides, however, that nothing in the Bill affects the common law powers, immunities, privileges and duties of members of the Garda Síochána. This naturally raises the question as to what exactly is the status of an individual member of the force at common law. Is a member of the Garda Síochána a "constable" enjoying common law powers and immunities? The word has never been used in any of the Garda Síochána Acts. If the member has common law powers, the term used in the other jurisdiction on the island, is he or she subject to control in their exercise? Is the commissioner, the Minister or the State liable for their wrongful exercise?

When statutory powers are conferred on a member of the force, are they exercisable by him or her at personal discretion, as an individual garda or is the member subject to the direction and control of a superior officer as a member of the Garda Síochána? If, for example, a superior directs a member to arrest someone and the member does not have any grounds for suspecting that the individual is guilty of an offence, is the arrest lawful? Although this is a fundamentally important question, the answer is uncertain and is the subject of a Supreme Court appeal. It is regrettable the Minister did not take the opportunity to provide clarification.

Education and training of Garda recruits has been carried out in Templemore College, County Tipperary, since the foundation of the force. Templemore College has served the country well and is internationally respected for the quality of its work. It is located in an idyllic rural setting which is conducive to tranquil learning. The Minister recently decided to provide a four storey extension to enable the extra 2,000 gardaí to be recruited and trained over the next couple of years. It is time we reviewed the role of Templemore as the sole centre for training and education for the gardaí.

A historic opportunity exists to locate a second Garda education and training centre in Grangegorman on the north side of Dublin. The Dublin Institute of Technology is building the largest third level college in the country on the site. The enabling legislation is currently going through the Oireachtas. A Garda Síochána college or a police academy could easily become the seventh faculty in the DIT. The 65 acre site has 30 acres of playing fields and will have other sporting facilities.

It is located in an inner city urban setting and reflects the general context where most policing work is carried out in a modern Ireland that has rapidly changed from rural to urban in character. Garda students would mix and interact with their peers in other third level disciplines and not only with their trainee colleagues as at present. It is ideally located for in-service courses and for further education research studies in such areas as policing methods, crime statistics and criminology, and an international policing dimension could easily be added. It should be possible to share some facilities with the Police Service of Northern Ireland and to establish an exchange link with the new police college in Northern Ireland.

A Garda college in Dublin would not replace Templemore but would add an extra dimension which would make the Garda Síochána a thoroughly modern and professional force in tune with the best policing practice anywhere in the world.

The thinking behind the proposal in section 14 to admit unpaid but trained volunteers to the rank of garda in the force "to assist it in exercising its functions" is not explained. It requires further elaboration and justification. The section does not even state that volunteer gardaí are to be unpaid, part-time, or both.

Section 15, as published, requires a newly appointed garda to "declare before God" that he or she will, among other things, have regard for human rights. The religious stipulation is itself a disregard for human rights. Thank God it is now optional.

This is a case of what I term a "Patten lite" version. It is a missed opportunity to open a nationwide debate on the role and function of the Garda and to put in place structures appropriate to a modern police in the 21st century. The Garda Síochána, as well as the citizens, deserve that.

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