Dáil debates

Thursday, 14 April 2005

Garda Síochána Bill 2004 [Seanad]: Second Stage (Resumed).

 

12:00 pm

Mae Sexton (Longford-Roscommon, Progressive Democrats)

I welcome the opportunity to speak on this important legislation. This Bill replaces various Garda Acts dating back 80 years while providing the reforms necessary for the efficient and effective operation of a modern police force for a modern Ireland and is cognisant of our ever-changing society.

I congratulate the Minister for his commitment to legislative reform to ensure that Ireland has the justice and policing system it needs and deserves. I welcome the extensive consultation process which preceded the introduction of the Bill and, in particular, the input from Garda management and associations, the Human Rights Commission and the Oireachtas Joint Committee on Justice, Equality, Defence and Women's Rights which contributed in no small way to this legislation.

The Minister for Justice, Equality and Law Reform has time and again demonstrated his and the Government's commitment to the people. His work rate, steadfastness, legislative programme and forthrightness are leading to the greatest ever reform of the justice system. Yet he still takes time out to demonstrate his obvious interest in improving citizens' quality of life and visited my constituency last week.

The Minister is proceeding with the expansion of the Garda Síochána, but is acutely aware of the greater demands for Garda resources and has restated his confidence that the Commissioner, who is responsible for the distribution of personnel across the country, will ensure that places such as Longford will continue to benefit from increased manpower in line with ever growing demands.

The Minister also took the opportunity last week to review plans for the decentralisation of the Irish Prison Service and I welcome his reaffirmation of his Department's commitment to the programme and his message to those who suggest that the commitment to roll-out the project is not there. The Department now has control of the relevant site and is about to tender for the contract. Some 170 people will work in the new headquarters, attached crèche, stores and logistics section.

I also welcome the progress made by the Minister with regard to the Longford courthouse. The entire county is delighted that the project is going well, that the adjoining buildings have been demolished and that one of the finest buildings in Longford is being conserved for its original purpose.

I am grateful to the Garda Síochána. No matter what discussions we have regarding reforms, accountability and transparency, I still have the utmost faith in and respect for our police force. This State was born out of conflict and civil war and we are indebted to every person who has served as a garda since its foundation, putting their lives on the line in its defence. This State would not have survived without the service and protection of the Garda Síochána.

I had a very positive experience growing up beside the old Garda barracks in Longford and this experience is true for the vast majority of our citizens. It is important that brave and dedicated members of the force hear us state this fact.

Our discussions of this and other Bills in the House must not lead to the demoralisation of any honest serving member of the Garda. They must know that we admire and appreciate their work, dedication and commitment to the State in a society that is more aggressive and less respectful of authority.

Last Monday, one such dedicated garda apprehended a person in the process of robbing €5,000 from a post office. He received a knife wound to the stomach but successfully detained the thief and the money was recovered. We must acknowledge the courage and dedication of members of the force when proposing legislation.

As a former local authority member I warmly welcome the provisions in this Bill for the involvement of local councillors and elected representatives in dealing with specific local issues. The issue of policing at local level on local issues has been contentious and it is gratifying that the Minister has taken those views on board. Its inclusion in the Bill will have a fundamental impact on public confidence in community policing.

There is an impression that the provisions in the Bill are merely a duplication of provisions pertaining in other countries, with particular reference made to the UK. It is inevitable that certain similarities will exist with regard to policies implemented in other countries. It would be negligent not to study successful models prior to drafting Bills and amendments. However, the measures proposed in this Bill reflect the specific situation in Ireland and do not, as suggested, merely replicate those of other countries.

Ireland has a single national police force responsible for all policing matters and the intelligence and security functions relating to the security of the State. Members have borne this in mind in their deliberations and debate on the Bill.

A review of the Garda Síochána took place under the Government's strategic management initiative, and Part 2 of the Bill sets out provisions in this regard. I welcome the clarification of the role and objectives of the Garda Síochána and the definition of its relationship with the Minister and Government of the day.

Two other elements of the Bill, namely, the mechanisms for dealing with complaints against members of the force and the means of improving democratic accountability for their actions, have clearly drawn much attention. Parts 3 and 4 will provide welcome reform of complaints procedures against members of the force. It establishes a new independent body, the Garda Síochána ombudsman commission, to replace the existing complaints board. It is the duty of this House to do all it can to ensure citizens have the utmost confidence in those in whom we entrust extraordinary powers. In light of this, I welcome the provisions of the Bill. It is clear that the current system does not command the full confidence of the public in light of recent inquiries. It is imperative for gardaí that this be addressed. It is welcome that the ombudsman commission will be able to act on its own initiative in cases or on a referral from the Commissioner or the Minister. It is a positive development that the commission will not have to wait for a complaint to emanate from the public before instituting an investigation.

I reiterate, contrary to spurious claims of gardaí investigating gardaí, that the Bill does not provide for that. Irrespective of the method chosen by the commission to investigate complaints, ranging from the most serious allegations, including possible criminal offences, to those at the lower end of the scale, including breaches of discipline, it will retain total control and direction over the whole proceedings. I stress it will retain total control. Furthermore, the commission will be able to enter into arrangements with members of other police forces or any other bodies to engage police officers or other persons on a temporary basis to assist it in carrying out its investigations.

Part 5 reforms existing accountability arrangements. Again, this is most welcome. In a time when our democracy and the political institutions of the State are topics of contemporary discussion among the public and media, we must ensure there is a proper separation of powers. We must also ensure that those charged with oversight of the force have correct information at their disposal.

Part 5 provides for the establishment of an independent Garda Síochána inspectorate as a means of improving democratic accountability for the actions of the Garda Síochána. The main functions of the inspectorate will be to ensure that the Minister for Justice, Equality and Law Reform of the day will have objective information on which to base comments made before the Houses of the Oireachtas. That is only right and proper. This will have a welcome and positive impact on the relationship between the Executive, the Legislature and the justice system, as well as the ombudsman commission.

The inspectorate proposed in this Bill will take a thematic approach to policy issues. Standards, practice and performance will be benchmarked to comparable international policing experiences. This can only be welcomed by all Members of the House. The key objectives of the inspectorate will be to ensure and promote efficiency and effectiveness in the Garda Síochána and to provide advice and support to the Minister. It is common sense that the Department with a statutory oversight role in regard to the Garda Síochána, namely, the Department of Justice, Equality and Law Reform, is empowered by knowledge.

The Bill contains provision for significant reform of the Garda Síochána. We must not underestimate the duty upon us when exercising our power in this regard. It is fundamental to the security and proper democratic functioning of this State, yet the fundamental point remains that members of the public must have total confidence in the transparency and accountability of the force we empower to police them. It is for this reason that I welcome and endorse this Bill.

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