Dáil debates

Thursday, 23 June 2005

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

 

3:00 pm

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein)

Bhí mé ag fanacht le beagán ciúnais; níl aon deifir.

I move amendment No. 19:

In page 11, between lines 20 and 21, to insert the following:

"(b) protecting and promoting human rights,".

Táimid ag déileáil le leasuithe Uimh. 19 go 22, 89 agus 96. Caithfimid léim ó leathanach go leathanach. Is iad leasuithe Uimh. 19, 20, 89 agus 96 na cinn uaimse. Is é an rud atá i gceist anseo ná cur leis na tosaíochtaí atá ag na gardaí agus tús áite a thabhairt do na gnéithe atá luaite agam sna leasuithe, ach go háirithe le go dtugaimis tacaíocht don seasamh ó thaobh cearta daonna de. Tá an ghné eile i leasú Uimh. 20, a thugann ceannaireacht don phobal áitiúil. San dá leasú deireannach, cothaímid ethos nó meon atá dírithe ar chearta daonna laistigh de na gardaí. Tá sé sin in easnamh faoi láthair, agus ní mise an duine a deir sin ach doiciméad a luaigh mé ní ba luaithe ó ghrúpa a dhein audit ar an Gharda Síochána anuraidh. Tiocfaidh mé ar ais chuige sin. Fuair na daoine a scríobh é nach raibh meon a bheadh ag cosaint cearta daonna, ag tacú leo agus á gcur chun cinn sa Gharda Síochána.

Is é an rud atá i gceist ná go gcuirfimid míreanna breise isteach sa Chuid seo den Bhille, Cuid 2, Alt 7(1), agus go gcuirfear isteach é tar éis na chéad ghné, preserving peace and public order. Ina dhiaidh sin, is é an chéad tosaíocht eile a bheadh againn ná go mbeimis ag cosaint cearta daonna agus á gcur chun cinn. Ina dhiaidh sin, bheimis ag cosaint sábháilteacht ár bpobal agus ag tabhairt ceannaireacht dhearfach dóibh chomh maith. Ansin, leanfaí ar aghaidh ag cosaint beatha, sealúchais agus sábháilteacht an Stáit. Dhéanfaí iarracht coireanna a chosc sula dtarlaíonn siad. Thógfaí coirpigh chuig na cúirteanna. Dhéanfaí fiosrúcháin ar choireanna. Is é an ceann deireannach ná bheith ag déileáil le trácht agus sábháilteacht bóithre. B'fhéidir, amach anseo, go mbunófaí an t-eagras a luaigh an tAire ní ba luaithe i mbliana, the traffic corps. Chuirfí a lán de na cúraim seo air.

Tagaim anois chuig an chuid lárnach den méid atá le rá agam. Casfaidh mé ar an Bhéarla, mar is as Béarla atá an tuairisc seo a luaigh mé. In the amendment I seek — I do not know if the Minister is seeking it yet —to protect and promote human rights. Last year, a Garda Síochána human rights audit was carried out by Ionann Management Consultants Limited. This English-based company produced a report which, although only 22 pages long, is detailed in terms of the significant scope of its remit. Its findings go to the core of what I seek in these amendments. The report observed that the Garda had launched a human rights initiative in 1999, five years prior to the audit, established a Garda human rights office and, in 2003, published a declaration of professional values and ethical standards. Despite these developments, the report concluded that human rights are not yet embedded in or intrinsic to the culture and ethos of An Garda Síochána.

This is an extremely serious conclusion, particularly in view of the findings of the Morris tribunals and the potential findings of the next eight modules over which Mr. Justice Morris will preside. It seems that initiatives and efforts to date have made no impact in reinforcing the human rights ethos that should prevail in An Garda Síochána. The independent audit found, for example, that there was a long delay in issuing the declaration even though it was supposed to come soon after the initiative was launched in 1999.

The audit report also found that the declaration was not reinforced through training and promotion of the human rights message. It was discovered that few members were aware of the contents of the declaration one year after its inception. Moreover, it was found that members who were aware of it did not understand its implications for their work practices. The consultants observed that the declaration itself was vaguely worded and that there was no management direction on how to incorporate the declaration into the daily work of gardaí.

The audit report also found that the existing Garda code does not reflect and embed human rights practice and that there is no mechanism in place to allow for systematic and routine monitoring of the use of police powers in regard to human rights issues. It found that most gardaí still consider human rights as a back-covering exercise. This situation demands decisive action and legislative prescription. I support the human rights auditors' recommendation for an urgent and thorough review of all Garda policies and operational procedures for human rights compliance.

This is the background to my request that a greater priority and a specific objective be given to An Garda Síochána to protect and promote human rights. One example in this regard is the issue of domestic violence, an issue with which many members of An Garda Síochána must deal and in respect of which some positive steps have been taken. Earlier this year, the chairwoman of the National Women's Council of Ireland, Ms Gráinne Healy, called on the Garda to re-prioritise domestic violence.

It is almost ten years since this issue was listed as a priority in the annual policing plan. Domestic violence, which affects a significant number of women, a small number of men and many children, is an issue of human rights. If the Garda is not willing to prioritise domestic violence in its annual policing plan, the issue should at the very least form part of the force's service objective by the express inclusion of human rights at the core of the functions of An Garda Síochána.

My party's submission to the Minister on Garda reform included a section dealing with the need for An Garda Síochána to have the human rights ethos at its core. From this would flow a proper policing service of which we could all be proud and which communities could work with, embrace and enhance as time goes on. Policing can and should make a positive contribution to the protection and promotion of human rights. Best practice on human rights in policing requires not only human rights training and periodic upskilling but also a pervasive human rights ethos underpinned by a specific code of conduct in line with international standards and reflecting a human rights-based philosophy of policing.

We have an opportunity for Garda reform. However, we have not ensured that the police service will be fully compliant with the relevant international instruments on policing standards as well as the UN and EU best practice guidelines on codes of conduct. We welcome the steps that have been taken since 1999 but we recommend that the human rights ethos should become a core value.

Amendment No. 20 is self-explanatory. Rather than sometimes working against the interests of communities, An Garda Síochána should work to protect the security of communities and should provide positive leadership. In my own area of Ballyfermot I am a member of the drugs task force, the Cherry Orchard regeneration forum and the Cherry Orchard development council. Members of An Garda Síochána play a valuable role on those bodies through their attendance and contribution. This participation means gardaí are beginning to look at the community in a more holistic fashion and to recognise that their role is not only to protect the security of the community but also, through their attendance at these vital democratic community fora, to assist in providing a positive communal leadership.

One hopes this example is mirrored throughout the country and gardaí are to be commended on their work in this regard. It may be frustrating for gardaí to spend hours attending residents' association meetings and other community fora. However, the time they invest at those meetings is time well invested and both the community and An Garda Síochána will benefit in the long term. I participated in a residents association meeting in Chapelizod some days ago which was attended by local gardaí——

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