Results 12,621-12,640 of 12,646 for speaker:Willie O'Dea

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Willie O'Dea: The public service, excellent though it may be, is not the sole repository of wisdom, experience and expertise. In complex fraud investigations, we may need to bring in representatives of some of the top accountancy firms. In cases of trafficking of children for sexual or other reasons, we may have to bring in representatives of the authorities in other countries, such as Albania, where such...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Willie O'Dea: Section 10 amends the Garda Síochána Act 1989 by adding joint investigation teams to the list of overseas organisations or units with which a member of the Garda Síochána may serve. The proposed amendment seeks to further amend that Act by providing that it should explicitly state that the Garda disciplinary regulations apply to gardaí referred to in section 3 of the Garda Síochána Act...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Willie O'Dea: I take the point of the analogy the Senator seeks to make between the Bill and the Garda Síochána (Police Co-Operation) Bill. However, the fundamental difference between the two is that under the Garda Síochána (Police Co-Operation) Bill, members of the Police Service of Northern Ireland seconded here will, to all intents and purposes, become members of the Garda Síochána. They will be...

Seanad: Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage. (20 May 2003)

Willie O'Dea: There will be a grievance because seconded members will be subject to disciplinary procedures. In the debate on the previous amendment it was seen that geography is no limitation to the Commissioner's authority where discipline of members of the Garda Síochána is concerned. The same applies to other police forces, especially the other 24 with which we will be co-operating.

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I am sorry that the Senator's amendment was ruled out of order. It was not my decision but was a ruling by the Clerk. I understand the ruling is based on article 88 of Standing Orders, the relevant part of which states, "No amendment shall be proposed which is in conflict with the principle of the Bill, as read a second time." The view taken, apparently, is that the amendment proposed does...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: There is nothing wrong with the amendment but the reason I will not insert it in the Bill is that, strictly speaking, it is not necessary. It is clear from the provisions of section 3(1) that a member of the Police Service of Northern Ireland seconded to the Garda Síochána and appointed in accordance with this section is appointed to a rank in the Garda Síochána. I will read the full text...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Perhaps the Senator has a point but, strictly speaking, it may not be necessary to make it clearer as we are making it clear that the person appointed shall be under the full direction and control of the Commissioner because up to the point of secondment, they will have been under the control and direction of the Chief Constable. It was considered necessary by the parliamentary counsel to...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: What the Senator seeks is not unreasonable. However, it is not regarded as a matter for primary legislation, in the context of appointment to a rank in the Garda Síochana under this section, to provide for the composition of the selection board or interview panel. That is a matter which can be provided for, as appropriate, by regulation. The amendment, as proposed, is to include a new...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Section 3(2) provides specifically that the ranks in the Garda Síochána to which members coming from the North may be appointed under this section, and the number of such members to be appointed, may be proscribed. In other words, it will be dealt with in regulations which obviously will be drafted in the light of discussion between the police services on both sides of the Border and...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Section 10 of the 1924 Act states members of the Garda Síochana are not to resign without permission while section 11 deals with the duty of members of the Garda Síochana on resignation or dismissal. Section 14 of the Police Forces Amalgamation Act 1925 states: The Minister may from time to time subject to the approval of the Executive Council, make regulations in relation to all or any of...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: The question of representation will be dealt with in the regulations. The Garda associations are in discussion with the Minister and the regulations will be framed in light of those discussions. What was the Senator's other point?

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Apparently not. This wording comes from the existing Garda disciplinary regulations, which do not provide for a suspension. I have to admit that I am not absolutely clear about the reasons for this. There are no plans to proceed in that direction.

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I agree with the Senator, essentially. One will be dealt with where one operates, but the final sanction is a matter for one's Chief Constable or Garda Commissioner. I take the Senator's point and I am sure the regulations will be framed with such thoughts in mind. Question put and agreed to. SECTION 6. Government amendment No. 5: In page 7 between lines 43 and 44 to insert the following new...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I hope that the purpose of this provision is quite simple. If, for whatever reason, the secondment of a PSNI officer to the Garda Síochána either expires or is terminated, this provision allows for the disciplinary regulations and the provisions of the Garda Síochána (Complaints) Act 1986, as described in section 6(2), to continue to apply. This allows for the continuation of a...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: It means that a person can escape in such a manner, as far as I understand it. The worst sanction that can be taken against a person is that they can be dismissed from the force. If they have left the force, not only is the option of dismissal not available, but also other options, such as demotion, cannot be pursued. People who retire, with the collusion of management in many cases as...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: There is no appropriate punishment for somebody who has gone.

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: We will bear that proposal in mind. In relation to the point made by Senator Tuffy, the position is that the Garda Síochána are doing the investigation here and they are the people who ultimately make the finding. The question of the imposition of sanctions is for the Chief Constable to decide. It is important that the Garda is allowed to continue with the investigation up to the point...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Senators Maurice Hayes and Jim Walsh are correct. The agreement is already in place and we do not have the power to amend it. As I understand, there are three situations which are dealt with in the agreement. The first is lateral transfer. Those of superintendent rank can apply for a position in this country and vice versa. Second, people of ranks from inspector downwards can apply for...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I will suggest to the Minister that the measure should be reviewed after a couple of years. Amendment, by leave, withdrawn. Question proposed: "That the Schedule be the Schedule to the Bill".

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: The part of the agreement relating to two police forces is based on Recommendation 128 of the Patten Commission which states: Lateral entry of experienced officers from other police forces or services, and secondments or recruitments from non-police organisations should be actively encouraged. It goes on to say: The Patten report recommended that the community balance at more senior ranks in...