Mae Sexton (Longford-Roscommon, Progressive Democrats)

I am glad to contribute to this debate on policing in Ireland and I welcome the amendments announced by the Minister, which are broadly in line with the request made by the second Morris report for a review of the Bill. The second Morris report notes: "the provisions of the Garda Bill need to be reviewed by the Oireachtas, so as to satisfy the legitimate disquiet that arises". I believe that every Member of this House owes a debt of gratitude to Mr. Justice Morris for the forthrightness of his report and conclusions. I have no doubt that when this Bill is passed, the confidence of the public will be restored and the events which occurred in Donegal will never recur.

The kernel of the issue raised by tonight's motion is the widespread and justified public disquiet at the findings of the Morris report of serious wrongdoing and gross negligence on the parts of certain members of the Garda Síochána in the Donegal division. The vast majority of members of the force are fine, honest, brave upstanding and hard-working men and women. I am conscious that, as legislators, we must ensure that we do not add to existing demoralisation within the force when we address justified public concerns.

How do we address that anxiety? How do we restore the high level of trust and confidence that the Garda has historically enjoyed? The Bill before the House is the means to do so. There has been widespread agreement for many years that a culture of reform is needed within the force. The wisdom of the motion, refined by the Government's amendment, is that the Bill devised by the Minister will deliver a remedy for that public disquiet and, crucially, provide dedicated gardaí with legislative armour to protect themselves from the accusations, spurious and otherwise, that are detrimental to the reputation and morale of the force. It will also ensure that never again will a situation be permitted to obtain where a wall of silence and the perversion of the course of justice is aided and abetted by a minority of dishonest members of the force to the detriment of the majority. What provisions should such a Bill contain? As Mr. Justice Morris said, the Oireachtas should review the legislation to ensure that key elements of reform are provided for.

Mr. Justice Morris stated that we need an independent body to examine concerns about Garda behaviour. The Bill provides for an independent ombudsman commission with strong powers of investigation. There will also be a provision that one of the three-person commission will be appointed as chairperson, so that there will be a recognisable and responsible individual on the commission. Contrary to a view repeated in this House and elsewhere, the functions and powers of the independent ombudsman commission fully measure up to those of the police ombudsman for Northern Ireland. The differences which exist do not detract from the equivalence of the two.

The Bill establishes a Garda inspectorate. This was not included in the Bill as published but was included in an amendment brought forward by the Minister, Deputy McDowell, in direct response to the first Morris report. The issue also arises of the connection with and responsibility to the public. The public is entitled to look to politicians to exercise accountability for the Garda. A link with the community is necessary, but this broke down in Donegal. It is appropriate that the Bill provides for a link between the force and the community through local policing committees and local authorities.

These represent three of the key elements of the Bill. Time is not available to discuss every provision but the central point is that the Bill contains the most important legislative proposals on policing ever to come before these Houses. It replaces almost all the Garda legislation of the past 80 years. It is truly a root and branch overhaul of the force, its operation and how it is monitored.

The Bill has been the subject of wide consultation since its heads were first published. It has changed significantly on foot of an extensive Second Stage debate in this House, lengthy consideration on all Stages in the Seanad and a Committee Stage debate of record duration by the Select Committee on Justice, Equality, Defence and Women's Rights. Many excellent amendments based on the contributions of these quarters have enhanced the provisions of the Bill.

I welcome the support for the Bill expressed on radio by Deputy Costello this morning. However, I am disappointed that many others do not want the Minster to proceed with the Bill. By enacting this Bill as quickly as possible, I believe that all Members will make a significant contribution to the restoration of the high level of trust and confidence historically enjoyed by the Garda. A true democracy needs a force which commands the respect and confidence of citizens.

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