Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I thank Deputies for their contributions. Although I have indicated on behalf of the Government that I cannot support the legislation, I am pleased the House had an opportunity to debate this issue, for which I thank Deputy Jim O'Callaghan.

I have always believed that we should have debates dealing with facts. For this reason, I reject Deputy Ó Laoghaire's comment in respect of public trust and confidence in the Garda. I expected he would at least source that comment but it is in keeping with many of the utterances from many sections of the Opposition in recent times, particularly the Deputy's party, that statements are made in the Dáil which have no basis in fact regardless of whether that matters.

I acknowledge that this is a very difficult time for the Garda Síochána. I also acknowledge that many of the practices thrown up in independent and internal Garda reports are unacceptable. This has also been acknowledged by the Garda Síochána across all ranks. Having met representatives of all the Garda associations in recent days, I acknowledge a stated intent on the part of the Garda to modernise and embrace the type of change envisaged by the Policing Authority and Garda Inspectorate. All the representative associations indicated their intent to engage fully with the Commission on the Future of Policing.

I reiterate the Government's full support for the Policing Authority and for the authority having appropriate powers to carry out its oversight functions in an effective and efficient manner. However, it is reasonable to propose that any extension of the powers of the Policing Authority or change to its fundamental role and function must take account of the views of the authority as to what additional powers it may wish to have. Unfortunately, as far as the views of the authority are concerned and having regard to the existence of the Commission on the Future of Policing, I must repeat my view that the Deputy's Bill is pre-emptive. That is a serious deficiency on the matter of our task here as we embark on the processing or enacting of legislation.

The Bill also has the potential to create internal conflict with the existing legislative framework establishing the Policing Authority. Perhaps the most serious area of potential conflict is the extension of the authority's remit into the area of national security. In this regard, I am not surprised by the comments of the Sinn Féin speaker given the disposition of that party.

I reiterate that while I welcome the sincere and genuine commitment of the proposer of the Bill to the reform programme of An Garda Síochána, I strongly believe we should allow the Policing Authority, having operated under the existing legislative framework, to tell the Oireachtas what it considers it needs and, perhaps more important, for the Commission on the Future of Policing to report. The latest date for receipt of the commission's report is December 2018 but it is open to the commission to produce interim or earlier reports. Having regard to the fact that the Oireachtas established the commission, Members have a duty to work closely with it in the matter of its work. I invite Deputies, either at parliamentary party level or individually in the case of Independents, to engage fully and make appropriate submissions or observations in accordance with the stated wish of the commission.

When we have the commission's report we will be in a position to consider a comprehensive package of proposals that will address the governance and accountability framework. That the commission is not likely to report until next year does not in any way halt the ongoing process of reform in the Garda Síochána.

I acknowledge Deputy O'Callaghan's sincerity and commitment and the spirit in which the Bill was introduced. However, having regard to the arguments I have made, it is the view of the Government that we will not accept further advancement of the legislation.

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