Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

Section 5 inserts a new section 3B into the principal Act, which sets out the policing principles that will underpin the provision of policing services. Under these principles, policing should be conducted independently, impartially, in accordance with the law and in a manner that respects human rights and supports the proper and effective administration of justice. Such principles are a feature of the legislation underpinning the police services in Northern Ireland, Scotland and New Zealand.

The Deputies' amendments seek to replace the text in the Bill with text from the general scheme of the Bill that related to the principles. The Deputies will be aware that a general scheme is not of itself law. Rather, it purports to set out the general policy requirements that are sought to be included in the legislation when drafted by the Office of the Parliamentary Counsel. Following discussions between the Minister's officials, parliamentary counsel and legal advisers in the Office of the Attorney General, the provision relating to policing principles was developed to set out a series of overarching and guiding principles to underpin the provision of policing services in the State rather than to impose specific requirements on individual members of the Garda Síochána. This is not to say that the specific requirements in the amendments should not inform members in carrying out their day-to-day duties, though.

In this context, I draw the Deputies' attention to the solemn declaration under section 16 of the principal Act that is made by each garda before a peace commissioner.

Each member declares that he or she will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according equal respect to all people. Furthermore, each declares he or she will, to the best of his or her skill and knowledge, discharge all duties according to law. In the circumstances, the Minister invites the Deputy to withdraw the amendment.

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