Joe Costello (Dublin Central, Labour)

We spent a great deal of time on this crucial section on Committee Stage because it deals with the functions of the Garda. It is worth deliberating for some time on what the force's functions should be in modern day Ireland. Should its primary function merely be to provide policing and security services for the State without reference to the citizen? Should its priorities be the preservation of peace and public order, the protection of life and property, the protection of the security of the State, which is referred to in section 6(1), bringing criminals to justice and regulating and controlling road traffic? As an afterthought, section 6(3) provides that, in addition to providing policing and security services — I am not sure how road traffic fits in with that — the Garda should have a role in immigration.

A great deal of messy thinking went into the drafting of the section. It is not coherent and it was not carefully thought out. In addition, it is not presented in a manner that puts the citizen first. During Private Members' business this week, I referred to the statement issued when the metropolitan police was established in 1829 and the enlightened manner in which the first commissioner, Sir Charles Rowan, outlined the role and the function of the force. He stated: "Every member of the force must remember that his duty is to protect and help members of the public, no less than to apprehend guilty persons." Members of the force were given a broad responsibility to deal with the public in a protective and helpful fashion. Rowan further stated: "Consequently, whilst prompt to prevent crime and arrest criminals, he must look upon himself as the servant and guardian of the general public." That is where the notion of the new police force as the servant of the people emanated from on the foundation of this State.

As we move through the 21st century, that notion has been lost to an extent in the Minister's outline of the functions of the Garda. The section refers to the provision of policing and security services for the State, which is blunt but not comprehensive. That is not what one would expect in a generous, open democracy, especially when one considers the progress in the development of the European Union model, the European Convention on Human Rights, which Ireland has ratified, and our Constitution, which espouses the individual rights of citizens. This is not reflected in the Minister's presentation of the core functions of the Garda.

We, in the Opposition, have attempted to put the citizen first in our amendments. Deputy Ó Snodaigh seeks the protection and promotion of human rights while I have proposed a function that not only preserves life and property but also the human rights of individuals within the State. Deputy Jim O'Keeffe's amendment seeks the respect of human rights of each individual. We should be able to rise to make that a core function of the Garda in this democracy in the 21st century.

The Minister will reply that he has not forgotten human rights and the entitlements of the citizen because they have been provided for in section 6(4), which states: "In performing its functions, the Garda Síochána shall have regard to the importance of upholding human rights." That is all very well but the force must have regard to many guidelines in performing its duties. This is a residual rather than a primary entitlement, which it would be if it were inserted as a core function.

Deputy Ó Snodaigh referred to the human rights audit conducted a few months ago which found the Garda to be severely lacking in a number of areas. The force left a great deal to be desired regarding the manner in which human rights were dealt with, respected and protected during its operations. I was happy that the Commissioner responded with alacrity and indicated that he would take on board every criticism in the human rights audit and take immediate steps to improve the situation. The audit is a substantial document comprising a couple of hundred pages of examination and critical assessment of the role and operations of the Garda Síochána. Given that it was found wanting in that respect so recently, one would have thought that the Minister would have taken that message on board in his presentation of the functions of the Garda.

Protecting the personal integrity of the State's citizens is one of the functions of the Garda Síochána. Detecting crime, pursuing criminals and so forth are also functions. The core function, however, must be the protection of life and the personal integrity of the citizen. The Minister should find a formula to include that in the legislation. It must be highly placed in the order of functions of the Garda. The new Garda Síochána will be committed to serving the citizen and the State and to protecting the bodily integrity of the citizen. That is what is required rather than the somewhat ad hoc list of functions and objectives included in an incoherent fashion in the Bill. The Minister could delete some of the later subsections and make clear what the primary functions of the Garda are.

They should be in accordance with our amendments. The fact that all the parties on this side of the House have put forward similar amendments indicates that there is something lacking in the Minister's expression of the functions of the Garda. The Minister could make some effort to take these proposals on board.

This is an important section and seems to state clearly what the primary core functions of the Garda Síochána are. It would be a shame if the Minister were not prepared to include the function that this side of the House considers to be absent. He is prepared to include "regulating and controlling road traffic" as a primary function or core value of the Garda. It is not, it is just one of the things gardaí must do and it is important that they do it. However, it is not at the same level of importance as protecting the human rights of citizens or protecting the bodily integrity of the citizen. I would appreciate it if the Minister would consider the amendment in that context.

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