John Gormley (Dublin South East, Green Party)
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Question 62: To ask the Minister for Justice, Equality and Law Reform the reason for his decision not to supply this Deputy with a copy of the Garda code. [5101/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I am informed by the Garda authorities that the Garda code is a confidential publication which, as is stated in the code, "must be carefully preserved and its contents in whole, or in part, should not be disclosed to any unauthorised person". The most recent edition of the code was prepared in 1995.

Members of the Garda Síochána, officials of my Department and officials in the offices of the Chief State Solicitor and the Director of Public Prosecutions are authorised by the Garda Commissioner to be provided with the code. The Garda code covers all areas of Garda duties including operational, security and administrative matters. Every member of the Garda is issued with a personal copy of the code which is retained for the duration of his or her service. The Garda Commissioner is of the view that it is necessary to maintain confidentiality in respect of the code to maintain the operational effectiveness of the Garda Síochána. I act on his advice.

This is a case in which there must be a trade-off between openness, transparency and accountability and effectiveness. I want an effective police force.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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It appears that while there is a code, it is one of silence or what the Italians would call "omerta". We need transparency and openness and to know a little more about the operating methods of the police force. From what I have heard, the code contains antiquated and Victorian stipulations on the operations of the Garda.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy is making a statement when he should be asking a question.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I would be grateful if the Minister would confirm whether such stipulations exist. Will he confirm that there is a requirement within the code whereby a garda shall not live within ten miles of a relative? The definition of "relative" not only includes siblings but extends to cover cousins. Will he further confirm that if a garda marries, he or she may not live within ten miles of his or her spouse's relatives? Such restrictions relate more to the barracks life of a garda in the 1920s than to the reality of 21st century Ireland.

I am at a loss as to how to proceed further with this question. All I hear from the Minister is a complete rebuttal of what I believe to be a very reasonable request regarding the operating methods of the Garda. Gardaí operate under conditions of great stress and their operating manual should be dragged into the 21st century. I would be grateful if the Minister would consider putting into the public domain a copy of the code under which gardaí operate.

Séamus Pattison (Carlow-Kilkenny, Labour)
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I must point out that supplementary questions are limited to one minute.

Michael McDowell (Dublin South East, Progressive Democrats)
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With respect, if asked to choose between the judgment of the Commissioner or the Deputy on this matter, I am inclined to accept the views of the former. I have never seen the Garda code and am not in a position to confirm or deny the statements made by Deputy Cuffe. He may well be right, but he may also be wrong. I do not know. I am told the last edition of the code was produced in 1995 and am sure the strategic planning which follows the enactment of the Garda Síochána Bill will ensure the code is kept modernised while any redundant or antiquated material is omitted.

Jim O'Keeffe (Cork South West, Fine Gael)
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Does the Minister agree that he has neglected his duty by failing to examine the code to determine whether it can be improved?

Michael McDowell (Dublin South East, Progressive Democrats)
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I do not accept that. Perhaps the difference in view between Deputy Jim O'Keeffe and me explains why so little was accomplished when his party was in office.

Jim O'Keeffe (Cork South West, Fine Gael)
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Here we go again.

Michael McDowell (Dublin South East, Progressive Democrats)
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My predecessors in those days spent their time reading the Garda code instead of getting on with their jobs.

Joe Costello (Dublin Central, Labour)
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The red herring is being dragged along.

Jim O'Keeffe (Cork South West, Fine Gael)
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The Minister should answer the question, look at the code and do his job.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Does the Minister intend to request the reformation or scrapping of the code? From what I hear anecdotally, it seems the current wording of the code is a Victorian anachronism. I suggest respectfully the Minister should obtain a copy of the code, examine it and rewrite or scrap it in consultation with the commissioner.

Michael McDowell (Dublin South East, Progressive Democrats)
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I will convey the views of the Deputy to the commissioner.