Results 6,881-6,900 of 7,652 for speaker:Joanna Tuffy

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: I appreciate what the Minister of State has said. However, I am concerned that by leaving the word "may", it could leave the possibility that they would never be drawn up. Having looked at section 32, it is clear the problem is the issuing of the guidelines. It is not the same, but in the area of public private partnerships the issuing of guidelines has been holding up certain projects. If we...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: Regarding Senator Cummins's amendment, I am concerned that paragraph (a) would exclude town councils from being involved in setting up policing committees. I have the same concern about the original Government proposal. I did not realise until now that this amendment was proposed. I agree with the Government amendment to delete the reference to the city or county development boards because it...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: I move amendment No. 34: In page 19, subsection (4), line 38 to delete "to limit the independence of" and substitute "in respect of the role of". This is a technical amendment as the Labour Party believes the existing wording is inappropriate as it refers to the independence of a member of the Garda Síochána in the investigation and prosecution of an offence, whereas the Bill makes it clear...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: I move amendment No. 35: In page 20, subsection (2), line 31, after "information" to insert "(subject to the putting in place of sufficient safeguards to protect personal information relating to individuals)". The purpose of this amendment is to ensure that the Garda Commissioner is not given a free hand to transfer personal information relating to individuals to a foreign police force or...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: Is this protection provided under the data protection codes?

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (8 Dec 2004)

Joanna Tuffy: I move amendment No. 36: In page 20, between lines 32 and 33, to insert the following subsection: "(3) An agreement pursuant to this section shall be in writing and shall be laid before both Houses of the Oireachtas as soon as may be after it is made, and shall not enter into force until such time as the terms thereof have been approved by Dáil Éireann.". The purpose of this amendment is to...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: Our amendment No. 29 proposes the deletion of section 17(3). The purpose of the amendment is to delete the statutory prohibition on members of the Garda Síochána being members of a trade union. That prohibition is excessively restrictive on the right of freedom of association of members of the Garda Síochána and is not fitting in modern times. I do not understand the reason members of the...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: On amendment No. 29, the Minister spoke about the special role of the gardaí and the Defence Forces but the same logic could be applied to other employees. For example, it would be difficult to do without health professionals but they have the right to join trades unions. I do not understand why the gardaí should not have a similar right to be members of a trade union and, if necessary,...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I was elected to the Seanad by Oireachtas Members. However, Senator Walsh has claimed that in tabling my amendment, I should declare my membership of the Labour Party. I do not have a problem with that. If that is his interpretation of the code, Fianna Fáil Members would have to make many more declarations of party membership than would Labour Party Members.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I do not have a problem with the idea behind this proposal but I have some concerns about the wording. The Minister mentioned the Army reserve force but that is a very different type of organisation. I am concerned about the use of the word "volunteer" because it might be restrictive in this section. Senator Jim Walsh referred to the need to examine best practice in other jurisdictions. The...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: The amendment includes a reference to "the Minister" in that the Minister would determine the manner in which the members were appointed to the board. It provides also that the board shall perform such other functions as are specified in regulations made by the Minister. Contrary to what the Minister said, the board envisaged by this amendment would not be a political body in the way he...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I support the idea behind this amendment, although it is too particular in identifying an area. I support the idea that recruitment should be as broad as possible and that the force should be representative. Recently the Minister proposed an amendment with regard to the recruitment age, which I welcome. He could have gone even further. I do not see why people cannot apply at an even later...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: If the Minister is looking at a strategy in this area, expectations must be a big factor. If he were to compare the Defence Forces to the Garda, I am sure he would find a different level of representation in different types of community. One must ask why that is so. It is similar in the case of a college. It is a kind of quota that Senator Brian Hayes is suggesting and I can see why a quota...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: Why would it not be appropriate in the case of section 106?

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 3: In page 11, line 12, subsection (1)(b), after "property" to insert "and the human rights of individuals within the State". The purpose of the amendment is to provide that it would be a function of the Garda Síochána to protect the human rights of individuals as well as life and property. Section 7(4) already provides for protection of human rights. For that reason it...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: Section 7(4) states the Garda Síochána "shall have regard to the importance of upholding human rights". What is the purpose of the words "shall have regard to"? Will it be mandatory for a garda to have regard to human rights? Legislation frequently uses the term "have regard to" for the purpose of requiring a person to take a matter on board. Does this terminology make it permissible for...

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: In response to Senator Walsh, the purpose of the amendment is to protect the human rights of the wider public, not to afford greater protection to the human rights of one section of it. Although the public wants a strong police force, it also wants it to be accountable and trustworthy. Legislation providing for the protection of human rights is one way of achieving this.

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 5: In page 11, subsection (3), line 25, to delete "Garda Síochána's functions are to" and substitute "Garda Síochána shall". This is a drafting amendment. The existing wording is ungainly in terms of grammar. It states the Garda's functions are to perform any other functions. It would be better to use the word "shall" rather than "are to".

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: I move amendment No. 7: In page 11, lines 34 to 41 to delete subsection (6). Subsection (6) undoes much of section 7 and renders it meaningless. It is an opt-out clause in terms of rights the section might create. Section 7 confers rights, such as how gardaí should act in their dealings with the public. Why then provide an opt-out clause?

Seanad: Garda Síochána Bill 2004: Committee Stage. (7 Dec 2004)

Joanna Tuffy: The point of the section is to require the Garda Síochána to perform particular functions in a particular way. Surely one way of ensuring it follows the provisions is to provide that gardaí could incur liability. I wonder if the Minister is taking away the force of the section in removing such liability. Senator Maurice Hayes mentioned that people have recourse through the complaints...