Dara Murphy (Cork North Central, Fine Gael) | Oireachtas source

I understand the Deputy had concluded his contribution when the debate adjourned yesterday evening. If I may, I will respond to the amendment, on which Deputies Clare Daly and Mick Wallace, who are present, also made contributions.

Deputies Daly and Wallace raised concerns about the grouping of amendments. I do not propose to restate what I said yesterday, other than that to point out that groupings are a matter for the Bills Office. The group we are discussing consists of amendments Nos. 3 to 6, inclusive, 81 to 86, inclusive, and 88 and 102, in the names of Deputies Wallace, Clare Daly and Mac Lochlainn.

The role of the policing authority will be to oversee the performance by An Garda Síochána of its policing services functions. The amendments in the names of Deputies Daly and Wallace would assign to GSOC the functions of the Government in relation to national security. Deputies will be aware that the core function of GSOC is to investigate complaints made against members of An Garda Síochána and that it has no oversight function in relation to national security. Indeed, there is a general consensus in the House that the authority should not have such a function in any event. The amendments would give rise to an unusual set of reporting arrangements whereby the Garda Commissioner would, among other things, account fully to GSOC in relation to security services through the Secretary General of the Department of Justice and Equality. It is difficult to understand how this would work in practice.

Deputy Mac Lochlainn's amendments would have the effect of removing the role of the Minister in determining whether a matter relates to State security. The Minister has carefully considered the amendments and, given that the security of the State is a priority function of the Government, is of the view that the task of deciding whether a matter relates to policing or security should be undertaken by the Minister of the day in his or her capacity as a member of the Government. Deputy Mac Lochlainn disagreed yesterday, but that is the view of the Minister for Justice and Equality, Deputy Frances Fitzgerald. Before making any decision as to whether a matter involves policing or security, a Minister will be required to act impartially. I understand that the approach adopted in the Bill is in line with similar arrangements in Northern Ireland in relation to security matters. For example, the Chief Constable may refer to the Secretary of State a requirement to submit a report to the Northern Ireland Policing Board if it appears to the Chief Constable that a report in compliance with the requirement would contain information which ought not to be disclosed in the interests of national security. The Secretary of State may then modify or, in fact, set aside the requirement. The Minister believes the arrangements proposed in the Bill are appropriate and she asks the Deputies not to press the amendments.

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