Mick Wallace (Wexford, Independent) | Oireachtas source

I find it a bit confusing that amendment No. 102 has been grouped with these amendments. Amendment No. 102 comes under Part 5 of the Bill on accountability. In amendment No. 102, we propose that the Garda Commissioner shall account fully to the authority through the Secretary General of the Department of Justice and Equality on any aspect of his or her relevant functions relating to policing issues and account fully to GSOC in relation to security issues. As a result of the manner in which the amendments have been grouped, we are pushed for speaking time on the different elements.

Our policing Bill, introduced two years ago and again last year, proposed to amend section 40 to make the Commissioner accountable to the board and the Government through the Minister. Our Bill sought to delete the provision in section 40(2) which places a duty on the Garda Commissioner to provide any document in the power or possession of An Garda Síochána on request by the Secretary General, including witness statements and Garda records. Our Bill sought to narrow the duty of the Commissioner to keep the Minister informed under section 41 by removing (b), (c) and (d) and leaving only a duty in relation to peace and public order, protection of life and property and security of the State and by creating a duty to keep the board fully informed of any significant development which might reasonably be expected to affect public confidence in the Garda and any other matters that should be brought to the attention of the board. We also sought to amend section 41 to allow both the board and the Minister to request a report from the Garda Commissioner and section 42 to give both the board and the Minister the power to initiate a special inquiry.

See this speech in context