Dáil debates

Thursday, 5 February 2015

Garda Síochána (Amendment) (No. 3) Bill 2014: Report Stage (Resumed) and Final Stage

 

2:30 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

There is a very basic problem with the amendments tabled and it will become obvious when I explain it. I am unable to accept the amendments because the Deputies are trying to give certain responsibilities to the proposed policing authority, a body that has not yet been established. How could the House agree to assign responsibilities in advance of a body being set up? That clearly cannot be done; it is not possible from a legislative point of view.

The policing authority has not been set up. We have the heads of Bill and the Government is committed to setting up an independent policing authority, the obligations and responsibilities of which will be clearly outlined. The Government also has obligations and responsibilities in these areas. In establishing the policing authority, we will be defining very carefully the constitutional responsibilities that remain with the Minister for Justice and Equality. We have stated that we want a policing authority that will have supervisory responsibilities on policing. The Garda Commissioner will be going before that body and it will have the power to get information and will have to be furnished with various reports. That will all be in the Garda Síochána (policing authority and miscellaneous provisions) Bill, which is being prioritised at present and will be published, I expect, in the current Dáil term. The work is being done and we will have a discussion about the responsibilities and balances, and the transition that will have to take place in policing, when the Bill is published and the authority gets under way.

It is a major decision to have a policing authority. A number of countries have done it, as the Deputies know very well. There are various issues that we will have to tease out and deal with carefully when the time comes. I cannot anticipate that legislation by accepting the Deputies' amendments. We cannot assign legislative responsibilities to a body that is not yet established. I understand the point of principle the Deputies are making, but their timing makes it impossible for me to accept the amendments.

If the economic situation had not improved as it has - and I accept that it will take some time before everybody feels the benefits of that improvement - without the reduction in employment we have seen and the possibility of a budget with some investment in it, we would not have seen the increased resources that are now going to the Garda Síochána. There is a stark contrast between the resources that were given prior to the last budget and the current situation. There is a clear commitment to give the Garda the resources to begin recruitment.

The point about rent allowance was raised yesterday at the justice committee by Deputy Niall Collins. Those allowances go back to 1926. The Government made a decision, given the economic situation, and there was overall saving of approximately €450 million. We are talking about very substantial sums of money.

I was down at Templemore a few days ago and the recruits are very pleased to be there. There was a huge number of applications and, as the economic situation improves, the Government wants to make the kind of changes that will make a difference in people's pay packets. We want to make sure that work is worthwhile. This intention has been clearly laid out by the Taoiseach, the Minister for Public Expenditure and Reform, Deputy Howlin, the Minister for Finance, Deputy Noonan and other members of the Government. It is important to recognise change when it does take place. One can repeat endlessly that there is no confidence in the Garda Síochána but the reality is that people in many situations put their confidence in the Garda. From an administrative and management point of view, some of the shortcomings have been clearly articulated in the Garda Inspectorate report and they need to be addressed - nobody is denying that. There are clearly cultural issues which the management has accepted need to change. We now have the Protected Disclosures Bill 2013, for example, in respect of whistleblowing, which was brought in by this Government. We have changes in the management of whistleblowers being accepted by the Garda. Organisations do not change overnight.

3 o’clock

Many organisations have great difficulty in respect of working with whistleblowers, managing that issue and getting better at managing it. This is something that has to happen. Clearly there is a different history in this area but we are in different times now and organisations need to react and deal with the matter appropriately. The legislation is in place to underpin that.

People should not endlessly repeat the mantra that there is no confidence and that there has been no change when, in fact, there is change. Change takes time and it does not occur overnight but numerous initiatives have been put in place indicating a changed approach, including the protected disclosure issue, the changes to the Garda Síochána Ombudsman Commission, the further empowerment of GSOC and the Garda authority Bill. This is real change. It may not be as much as the Opposition seeks and Deputies may have points to make in that regard. However, there are constitutional issues as well as the obligations and responsibilities of Government and the Minister for Justice and Equality to take account of when framing the legislation. That is what we have done and continue to do. It remains a priority to bring the legislation to the House as quickly as possible.

It is important to acknowledge the ongoing work done on a daily basis by An Garda Síochána in preventing crime, protecting communities and upholding the security of the State. Deputies know the statistics from Limerick - I imagine Deputy Niall Collins, in particular, is familiar with them - relating to the series of murders and the nature of the Garda resources that had to be put in place there to deal with that situation. Opposition Deputies know the resources that have gone into upholding security and ensuring that the security of the State is upheld. Again, I emphasise the importance of acknowledging the work that is being done on an ongoing basis by An Garda Síochána as well as the need for change.

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