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Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I am not selecting one section or another for recommittal. I am obediently following the order of the House.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I want to assure Deputies that the proposed changes arise directly from the proceedings on Committee Stage, in which Deputy Jim O'Keeffe strongly supported the idea of a reserve Garda force.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: He persuaded me that the term "volunteer" could be misconstrued and that I should call them "reservists" instead. That was the appropriate thing to do, so the bulk of my amendments currently under discussion is aimed at implementing that particular change that arose from the discussion on Committee Stage. In my defence, I would say — nobody else will — that it is not indicative of...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I mean amendment No. 65. It cuts back on equality of status because it provides that "subject to subsection (5), a reserve member has, while on duty." those powers.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I do not think so. The reference is that the Garda Commissioner can determine the range of powers to be exercised and the duties to be carried out by reserve members. The entitlement of those members to be considered equal to other members of An Garda Síochána is expressly stated to be subject to that. This provision also came about as a result of discussion on Committee Stage, largely...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Sorry, that has already been covered.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I will not delimit the immunities. It is the powers and duties that are to be the subject of Garda Commissioner stipulation in subsection (5). I want reserve members to have all the immunities that a member of An Garda Síochána has. I do not want them to be sued personally in circumstances where, for example, a person standing in the same line at a demonstration cannot be sued personally....

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Yes, but their protections should not be delimited.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Of course, in some circumstances that might be the case.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: One never knows, there could be an emergency where it would be necessary to have them to protect property or whatever. I listened carefully to the points made on Committee Stage and I have adhered faithfully to what I said I would do then.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I have.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: I did what I told Deputy Jim O'Keeffe I would do.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: On Committee Stage, Deputy Jim O'Keeffe indicated strong support for the concept of a reserve force.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: He indicated that he was strongly in favour of the idea and he asked me to make a particular amendment, which I am doing. Others who do not agree with the whole idea of reserve gardaí are not satisfied. However, I am doing what I said I would do——

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: ——in favour of those people who support the idea. Obviously, I will not be faithful to all the ideas of the people opposed to the idea. That would be nonsense. I welcome what Deputy Finian McGrath had to say on two counts. We must get on with the business and cannot keep postponing it — I do not say that to take an unfair advantage. Now is the time to get on with it because we will have...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Deputy Cuffe's interruption makes the point that should be made about the quality of some of the contributions, that when confronted with the fact that gardaí must commute to work, and that, like many other people in society, they live in a different world, the contributors proposed that I should require them to live in specific places. We are not in the Victorian world. I cannot tell...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: —— that members of An Garda Síochána should be capable of being directed as to where they live, unlike other members of the community.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: Deputy Cuffe should remember that he chose to be elected in a constituency in which he did not live. Therefore, he is not in a position to tell gardaí they must live in the area they patrol. That is a flippant remark, but I am making a deeper point. In a much more mobile society, with all the difficulties faced by younger people in getting to work etc. — the Green Party has strong views on...

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: It depends on the members of the constabulary to whom one speaks.

Garda Síochána Bill 2004 [Seanad]: Report Stage. (22 Jun 2005)

Michael McDowell: The Minister will have the power to give directives to the Garda Commissioner.

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