Dáil debates

Tuesday, 28 February 2006

Public Order Offences: Statements (Resumed).

 

7:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

I will respond to Deputy Cowley's first point by reminding him that the Garda is being expanded by more than 1,000 members per annum. That has been the case for the last year and will continue to be the case for the next two years. The force will reach a total strength, of gardaí in training and fully qualified gardaí, of 14,000 by December this year. All 14,000 members will be fully attested and trained by late 2007 or early 2008.

All the points made by Deputy Cowley about the proposed Garda reserve apply equally to Britain where such arguments have been found to be entirely shallow and meaningless. I have not heard anyone suggest I should telephone my opposite number in Britain, the Home Secretary, Mr. Charles Clarke MP, to tell him that we have a brilliant new insight in Ireland and that he should disband his reserve force immediately because reservists are a danger to the proper and professional policing of society. Although I have listened carefully, I have not heard anyone come up with a single convincing argument against the establishment of a Garda reserve. My door remains open to any new arguments in that regard. I remind Deputy Cowley that the House voted by an overwhelming majority to support the creation of a Garda reserve. The Joint Committee on Justice, Equality, Defence and Women's Rights would be a good forum in which to test these arguments. The Deputy can attend the committee's meetings and participate in its proceedings if he likes.

Deputy Joe Higgins spoke about the right to congregate. I am aware that the majority of the members of Dublin City Council are against by-laws. I am not a member of the body, but I tend to agree with its members in this regard. I think the majority are correct because I do not know which officials at city management level — I presume the councillors would not be given the right to start handing out permits — would be deemed to be the competent deciders of who could or could not protest in the city. This proposal raises as many problems at it would address. I do not see how determining that the Rathmines and Rathgar plant breeders' association cannot parade, but the Socialist Workers' Party can could be deemed to be a management function. I do not understand the basis on which such a decision could be made. Under common law, the Garda Síochána which carries out this function is entitled to uphold the law, maintain the peace and ensure traffic continues to move. It does a good job of upholding people's constitutional right to freedom of assembly and expression, in general terms. I am not aware of the adoption by the Garda in this city of a heavy-handed policy on the right of assembly and protest. I would like to see the details of a scheme that would improve the situation by giving unelected officials the right to authorise one demonstration, rather than another.

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