Peter Power (Limerick East, Fianna Fail)

I thank Deputy Curran for sharing some of his time with me. I join many of my colleagues in welcoming this Bill, which constitutes the first major reform of the Garda Síochána since the 1920s. The Minister and his departmental officials ought to be commended for their work on this substantial legislation, which provides for the modern management and administration of the Garda Síochána. In this day and age, as we all know, such large organisations constantly need to reform themselves and examine their work practices in a modern context. The Bill will go a long way towards putting in place structures to allow the Garda Síochána to operate in such a modern context by employing modern management techniques which are vital in any large-scale, evolving organisation.

The legislation also recognises for the first time that gardaí are not simply involved in enforcing justice on the streets but in many instances provide a service to the community. This is not just the case in crime prevention or detection but in many other areas also. As service providers, the Garda Síochána requires appropriate administration techniques to manage an organisation which provides such a valuable community service.

The part of the Bill that deals with management and administration also deals with the relationship between the Garda Síochána and the Minister for Justice, Equality and Law Reform, specifically through the Garda Commissioner. This is a welcome development because for far too long, over many decades, there was a blurring of the lines of command between the Commissioner and the Minister. This in turn led to much questioning of the relative roles of both individuals, the Minister of the day and the Garda Commissioner. There were suggestions that there had been a politicisation of the force in years gone by. Thankfully, however, those suggestions are not currently made in public discourse. Nonetheless, it is a welcome development that the respective roles of the Minister, the Department and the Garda Síochána will be placed on a clear and firm statutory footing as a result of this legislation.

Another major aspect of the Bill, as identified by Deputy Curran, is the establishment of the Garda Síochána ombudsman commission, which has been long awaited. A number of high profile cases and incidents over the past few years have unfortunately undermined the trust and confidence which people generally have in the Garda Síochána. The proposed commission will be helpful in maintaining that trust and, I hope, enhancing it in future, as well as proving the public's co-operation upon which gardaí depend every day. As I said, gardaí are not just enforcers of justice but also service providers for the community. In this role, they need an independent body through which their work can be monitored and, if necessary, investigated independently of the Garda Síochána. The Bill is strong on this point.

Although it did not appear in the first legislative draft, I welcome in particular the aspects of the Bill which will allow the inspectorate to investigate matters of its own volition arising from complaints about, or information that may come to hand concerning, the Garda Síochána. That is a key aspect of the legislation in that it enables the inspectorate not just to rely on complaints. As we know from recent tribunals and other high profile cases, some people may not wish to make complaints. However, information may sometimes come to hand from a third party on a confidential basis that needs to be investigated.

While welcoming the Bill's proposals to modernise practices in the force, it is important to put on record that the vast majority of gardaí, often serving in difficult circumstances when the security of the State was under threat, have rendered an enormous service to the country over the years. I support the Garda Síochána in that role. Its members generally have earned the trust and confidence of the community at large and they are to be commended for having done so.

If I can be parochial for a moment, I compliment gardaí in the Limerick division on the excellent work they have done over the years, including recently when serious problems arose concerning gangland crime.

Chapter 4 of the Bill deals with joint policing committees, about which previous speakers have commented. I welcome the introduction of a collaboration between the Garda Síochána and local authorities. I have been of the view for a long time that while gardaí have to deal with the manifestation of crime, in many cases local authorities, and nobody else, have been the cause of crime that is so prevalent throughout the country. This is particularly so concerning anti-social behaviour which may be caused by poor planning, bad housing and the lack of appropriate facilities for residents in local authority accommodation. All local authorities have made such decisions but the results of some of them have been absolutely disastrous. The Bill's proposal for a new connection between local authorities and the Garda Síochána can only be for the greater good. There has been much debate on whether there should be local community involvement on the new policing committees. For the time being, however, the Minister has rejected that idea. I ask the Minister of State to accept that even if the Minister is not minded to allow a community involvement, he should at least provide those joint policing committees with the statutory power to invite in at some stage, on a temporary basis, community leaders who can assist them in their duties.

Because we are dealing with the gardaí, it is appropriate to say a few words about anti-social behaviour, a topical theme. The matter will be addressed in the Criminal Justice Bill and we will discuss it then, but it is important to mention it in the context of the current undermining of Garda morale by anti-social behaviour. The gardaí I meet are dealing with serious gangland issues in Limerick, with multiple murders and with people who will stop at nothing to undermine the gardaí. While they deal with such issues they cannot deal with those which concern the vast majority of people, namely anti-social behaviour, public order offences and so on, issues discussed at length in the House in recent weeks. That has undermined Garda morale and needs to be addressed.

On a recent cold, wet, winter night I attended a meeting with over 300 Limerick citizens acutely concerned with anti-social behaviour. Gardaí repeatedly told me they felt powerless to address the issue because they could not criminalise young people of ten, 11, 12, 13 and 14 as it is not a criminal offence to "merely" apply graffiti, bully children going to and from school, break windows and so on. These are not "crimes" which can be dealt with in the normal course of events by the District Court, which is why I welcome the proposed introduction of anti-social behaviour orders. They will not be a panacea, but gardaí tell me they need to be able to give a "yellow card" or clear signal to people who propose to engage in anti-social behaviour that they have been warned, and that if they continue to engage in it they will enter criminal rather than civil spheres. It is right that the gardaí are given such support.

I had hoped to address many other issues but have not got the time. I will address them when the Criminal Justice Bill comes before the House.

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