Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

I thank all Members of the House who contributed to the debate. I have listened closely to them. I will not address the areas where there is agreement but will refer to the two areas where I think there is disagreement with the motion.

The Government said that passing this motion would constitute interference with the independence of the Policing Authority. With all due respect to the Government, I disagree with that approach. Since last January, the Policing Authority has been given very specific powers in respect of the Garda Commissioner. It was given the power to recommend the Commissioner's removal and to be consulted if the Government is planning to remove the Garda Commissioner. As a result of that, there is a clear statutory basis for the Minister to consult with the Policing Authority. The Minister has stated she consults the Policing Authority on the implementation of the report of the Garda Inspectorate. It is completely artificial to think that the Minister cannot consult the Policing Authority on an issue of fundamental importance to the people of Ireland regarding the policing services provided by An Garda Síochána.

Members of the Opposition stated that Fianna Fáil is copping out by not tabling a motion of no confidence in the Garda Commissioner. Under law, only a Government can remove a Garda Commissioner. Section 11 of the An Garda Síochána Act provides that a Garda Commissioner can be removed if he or she is in dereliction of his or her duty, for stated misbehaviour or if it is in the best interests of An Garda Síochána. That a Garda Commissioner has lost the confidence of Dáil Éireann is not a ground for his or her removal. That the arithmetic in Dáil Éireann means that the Government should remove a Commissioner is not a ground for his or her removal. If that happened, we would be asking Mr. Justice Fennelly to come out of retirement for a second time to inquire into the removal of a Garda Commissioner by the Government. It is very important that, as responsible politicians, we put forward credible proposals in respect of which this House has power. One of the reason the House gets itself into difficulty is because we take on roles which we do not have the power to exercise. We do not have the power to declare that we have no confidence in important public officials. If we start doing it in respect of the Garda Commissioner, why do we not start doing it in respect of a Garda sergeant or a school principal? The next person to be listed for a motion of no confidence would be the Director of Public Prosecutions. We would start down a slippery slope if we got involved in that type of issue.

I note that Sinn Féin stated today that the Fianna Fáil motion was an attempt to gazump its motion. That is not the purpose of the Fianna Fáil motion. This is a very serious matter and it would have been deeply surprising had we not put forward a motion in respect of it. We considered it. We decided not to go for the populist approach but rather think of the important improvements that can be made to An Garda Síochána. It is for that reason that we tabled the motion and it was regrettable that Sinn Féin sought to stop this House from debating in broad terms the Garda issue, which is of huge importance to the people.

Sinn Féin described Fianna Fáil's motion as cowardly. It is inappropriate for Sinn Féin to criticise any group for being cowardly in its dealings with An Garda Síochána. If Sinn Féin Members want to have a discussion about cowardly treatment by groups of members of An Garda Síochána, I will have that discussion with them and will start by referring to a number of brave gardaí who gave their lives in defending the country.

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