David Stanton (Cork East, Fine Gael)

I welcome the opportunity to speak on the Bill. I congratulate the Minister and his officials for putting it together and others for making submissions on it. It is an important, timely and complex document which reflects the multifaceted, complex and demanding role the Garda Síochána plays in our modern society. I am constantly pleased to see gardaí involved in many different functions. We as citizens greatly depend on them to protect and assist when emergencies and accidents occur. In the main, gardaí are talented and dedicated people. This Bill serves to modernise the legislation under which they work and to protect both them and citizens from possible abuses, to modernise the complaints procedures and so forth.

I will make some technical points about the Bill and draw attention to some minor issues initially. Section 7 notes that "In performing its functions, the Garda Síochána shall have regard to the importance of upholding human rights." Section 16 also notes that the gardaí should be aware of their obligations under the European Convention on Human Rights but that convention is not mentioned in the Bill and I am not sure that the explanatory memorandum carries any weight or what is meant by human rights, which are not mentioned in the Bill.

Section 16 speaks of a code of ethics, which is important. The section mentions a number of bodies to be consulted about establishing a code of ethics. The Minister might consider including the National Disability Authority among those bodies. It might well have a role to play in the drawing up of a code of ethics. It is good that the reference to the code is there.

Section 22 has been the subject of much debate. Concern might be too strong a word, but I note the Minister may issue written directives concerning any matter relating to the Garda Síochána. These directives will be laid before the House and the Minister is accountable to the House. However, in terms of the future, I would like more information about these directives. If, as is stated in the Bill, the directives can relate to any matter regarding policing, I would be concerned that we might be giving future Ministers too much power and freedom. We have to be careful in the area of policing in particular that we do not do so and that there are checks and balances. The Minister might give us some more information on this issue.

Section 32(5) is of interest. It says that a statement "made in any form and without malice by a member of the committee or subcommittee or by a person attending the meeting at the request of the committee or subcommittee is privileged for purposes of the law of defamation and so is any subsequent publication of the statement." We in this House have privilege.

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