Joe Costello (Dublin Central, Labour)

This is an important measure the Minister is proposing. He proposes a volunteer Garda force or a reserve Garda force, whatever the nomenclature may be. Some 15 amendments are grouped for the purposes of discussion of this section. There are problems with the proposal in regard to the eligibility criteria for qualification for membership, what sort of training and education members would have and what powers they would be entitled to exercise. Section 14(3) bluntly states: "While on duty, a volunteer member has the same powers, immunities, privileges and duties as a person appointed under section 13 to the rank of garda." People who do not have the same training and code of ethics, who are not answerable in the same way to the ombudsman and who are, effectively, a part-time reserve force, will have the same powers as the Garda Síochána, which are extremely extensive.

Gardaí may not have powers of life and death but they have powers of personal liberty, arrest and detention. Under the Criminal Justice Bill 2004, proposed by the Minister, gardaí— perhaps two gardaí from the same station — will be able to grant each other search warrants so they can invade homes and privacy. Their powers are enormous yet the Minister blindly puts forward this proposal without indicating clearly and in detail what the powers will be, how they will be exercised and how the Minister envisages the reserve force will operate.

The Minister suggests the reserve force will assist the Garda Síochána. Will it operate on its own or must its members always be accompanied by a ranking police officer when carrying out their duties? There is a huge opportunity — if "opportunity" is the right word — for vigilantism. The residents of a locality are likely to be recruited to the local force. They will be granted enormous powers yet there is no clear indication as to what professional authority they will be under in the exercise of their powers and in carrying out their duties.

I do not object in principle to a volunteer force or a reserve force but questions arise. Will it be a part-time force? Will it be a paid force? Will its members be empowered to take people to court? Will they be able to get off work to do that? The nature of the force is not spelled out, like much of the Minister's legislation. An idea comes from the top of his head and he expects us to buy into it without providing us with a clear indication of the implications for those who will be recruited as to how they will carry out their duties.

There is a contradiction between section 14(3), which states: "While on duty, a volunteer member has the same powers, immunities, privileges and duties as a person appointed under section 13 to the rank of garda"— in other words, as a normal member of the Garda Síochána — and the Minister's amendment No. 68, which seeks to insert at subsection (5) of section 14: "The Garda Commissioner may determine the range of powers to be exercised and duties to be carried out by reserve members." If reserve members are to have the same powers, how will the Garda Commissioner determine the range of powers to be exercised? Either they have the same powers as serving members of the Garda Síochána or they do not.

The powers of gardaí are enshrined in legislation yet the Minister states that the Garda Commissioner may determine the range of powers to be exercised. While I accept that the Garda Commissioner would have to determine the duties to be carried out, if reserve force members have the same powers as gardaí, how could the Garda Commissioner say: "Look, lads, you may have the same powers as the gardaí but you are only going to exercise the powers I allow you to have"? If that is the case, they do not have the same powers as gardaí.

Is the Garda Commissioner the appropriate person to determine the powers and privileges of the new reserve body? I would have thought it would be determined by statute, that this House would determine what powers will be exercised by a reserve Garda force or by the Garda Síochána. The House should make the determination for a reserve force.

There is too much fuzziness around the proposal. Initially, the Minister proposed in the legislation that the power to appoint reserve or volunteer gardaí would be exercised not earlier than 12 months after the commencement of the section. That is now to be deleted, with the result that there will be less time to tease out what will happen in this regard. I presume the Minister is also suggesting that Senator Maurice Hayes, because he has oversight responsibility for the implementation and roll-out of the Bill, will have some role in this matter. I am not sure that is the way we should conduct our business. While I have the greatest respect for the ability of Senator Maurice Hayes, whatever powers, duties or entitlements are granted to a reserve police force, that should be done in this House.

Following today's sitting, we should be able to say we understand what a volunteer force will be, what a reserve force will be, and that we know how it will operate. We should be able to go back to our communities to tell residents' associations that the Minister has put through particular amendments to a Bill and what it means for them — perhaps it would mean that the members of a local community are entitled to volunteer to become reserve gardaí, with the powers of a member of the Garda Síochána. Many people would be wary of that, in particular as there is contradiction in how the Garda Commissioner will operate the force.

There is significant concern, not least the concerns voiced in the amendments regarding human rights and civil liberties, about a partially trained group of recruits, who will act in reserve, having the same authority and powers to operate, arrest and detain as ordinary gardaí. At the same time, there is concern as to what the implications may be for the rights of the citizenry in certain cases.

Is the Minister suggesting that those recruited will operate not as a militia that travels from area to area but, of necessity, because they are volunteers or reserves, will operate within a very limited geographical area? Will they get expenses, will they travel or will they be bussed to their destination? If not, will they be locals who will operate as a police force to back up the Garda Síochána, with the same powers? When can they operate these powers? In what circumstances will they operate?

All this is unclear. These issues were raised on Committee Stage, yet instead of improving the situation with his amendments, the Minister's only amendments are to change the name of the force and muddy the waters still further by handing over authority for the exercise and extent of the powers to the Garda Commissioner. There is much explaining to be done and it is getting late in the day to do so.

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