Seán Fleming (Laois-Offaly, Fianna Fail) | Oireachtas source

The Garda Síochána Act 2005 has been in place for nine years. The Minister stated that my amendment contains a different wording than that which is to be found in the Act. That is probably a good thing. In view of the lessons we have learned in the past nine months - not to mention the past nine years - in respect of the Garda Síochána, perhaps it is time to re-examine that legislation. However, that is not our function today. What is important in the context of the Bill before the House is the number of documents and files given to Deputies, by whistleblowers and others, in respect of the serious matter of alleged malpractice within the Garda Síochána. The Taoiseach has indicated that he has received dozens of such documents and files. I do not know if there is anyone who does not believe that action must be taken in order to improve public confidence in the Garda in respect of certain matters. Lessons should have been learned in this regard. In that context, it is probably necessary to amend the Garda Síochána Act 2005.

The Minister referred to a particular referendum that was passed and the fact that the decision of the people was never implemented. He also referred to legislation being commenced within five days of the passing of another referendum. Despite the fact that the people voted overwhelmingly in favour of the question put to them, the result of the recent referendum on the rights of children has not yet been acted upon. I have confidence in the Minister for Public Expenditure and Reform but I do not have confidence in the Government of which he is a member. I only have confidence in him and, perhaps, one or two other Ministers. That is my difficulty. I believe the Minister when he says he wants to implement the legislation. However, he is not in a position to indicate that he will still occupy his current position in four weeks' time. I would like to think that he will remain where he is, and perhaps that will be the case. A number of Government Ministers who spoke on the radio this morning indicated that there would be a Cabinet reshuffle immediately following the change of leadership in the Minister's party. Several Ministers have indicated that the reshuffle will take place within a month. Nobody cannot assume that he or she will either be in government or in a particular position in the aftermath of that reshuffle. Nobody is in a position to provide a commitment in respect of what he or she will do in his or her Department next month. I accept the Minister's bona fides but there are others on this side of the House who might challenge them. Like members of the public, however, I lack confidence in the Government. It would be somewhat unrealistic for those of us on this side of the House to accept with full confidence everything that is said on the opposite side, particularly as the public does not accept it.

We do not know whether the Minister is going to be around to honour the commitment he has given. I am of the view that if he is in his Department in a month or two, he will honour it. However, I cannot accept what is being offered at face value. If he is asking me to have full confidence in the person who might take over from him as Minister in his Department, I cannot do so. There are several members of the Government in whom I have zero confidence. Notwithstanding that the Minister is acting in good faith and irrespective of the regard in which I hold him, I do not have confidence in the Government, as a collective entity, to deliver on what is provided for in the legislation. It is not his fault that I have doubts about the legislation being implemented in the timescale he has outlined. The Minister is a victim of the state of flux that currently obtains in the political arena. A number of his colleagues in government have referred to the fact that a reshuffle is going to take place and I do not know who will be Minister for Public Expenditure and Reform in its aftermath. Will the Minister indicate whether the legislation can be implemented by 4 July next?

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