David Cullinane (Waterford, Sinn Fein) | Oireachtas source

The Minister will be aware I tabled the same amendments on Committee Stage. I withdrew them in recognition of the clarity he brought and the logic of his argument at the time. I still think I was right to withdraw them at that point. However, on reflection, I welcome that an Teachta Smith has tabled similar amendments with the same intent. From memory, the Minister's argument was that An Garda Síochána does not have a system to record these warnings in the first instance. There is a system to record an offence or a potential charge, namely, the PULSE system, but An Garda Síochána does not record warnings. The Minister stated it was not his job to involve himself in operational matters of An Garda Síochána. As we put this legislation in place, I welcome that we have got to where we are now and are close to the point when this Bill will become a reality, which is important. I accept that and commend everyone who was involved in pushing for it and the Minister and his officials on moving it forward.

What we were also getting at in the discussion on Committee Stage was that it would be better if there was a centralised system to record these warnings. Perhaps it is something An Garda Síochána could do. That is what was said. It could be looked at in the context of a review. We will reach an amendment on that later. Nothing is stopping us inserting this subsection or agreeing to this amendment that gives the Minister a power, and in the event that there is a warning system in the future, an amendment Bill will not be needed. All that will be necessary is for the Minister to commence the section. The Minister will have the power to commence various sections of the Bill and in respect of this particular provision, it would be reasonable for him to say he cannot move forward with this as the warning systems are not in place. That might be an impetus for An Garda Síochána to put such a system in place. For those reasons, if the amendments are pressed, I will support them, but I accept the logic of the Minister's position on Committee Stage. If he thinks about it, he will realise this does not require him to do anything other than accept the amendments. If such a warning system were in place, it would be in legislation and could be commenced either by him or some future Minister for Health.

I thank an Teachta Smith for tabling the amendments and I support them.

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