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Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: I move amendment No. 63: In page 31, between lines 16 and 17, to insert the following subsection: "(3) For the purpose of pension entitlements, a period of full-time service spent outside the State under this section, shall be a reckonable period of service.". Currently, a garda who resigns and takes up a full-time position with Interpol gives up his or her pension entitlement. We should...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: I move amendment No. 67: In page 35, between lines 32 and 33, to insert the following subsection: "(3) This section shall not apply to a trade union or representative body which has acted legitimately or in contemplation of a trade dispute.". I have concerns regarding the broadness of this section. The Constitution recognises freedom of association and this section does not sit comfortably...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: The standard penalty for a summary offence is €3,000. This section is out of step with penalties in other legislation and the amendment is really a means of correcting that.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: One must specify some figure in the Bill.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: The figures could be index-linked.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: I move amendment No. 71: In page 36, subsection (3), line 25, to delete "€2,500" and substitute "€3,000". This amendment is similar to that which we tabled to bring the standard penalty for a summary offence up to €3,000. Amendment No. 72 reflects the fact that we believe the offence of impersonation of a garda is a very serious one, which must be reflected in the gravity of the penalty...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (9 Dec 2004)

Maurice Cummins: I move amendment No. 82 In page 37, between lines 32 and 33, to insert the following new subsection: "(3) Information shall not be deemed to be of harmful effect if it can be shown that its disclosure was inadvertent or procured through fraud or deceit.". This section is viewed in black and white terms and seems to allow very little scope for flexibility. Let us take the example where a garda...

Seanad: Order of Business. (10 Dec 2004)

Maurice Cummins: Last week, I raised the status of the so-called "on-the-runs" and whether they would be entitled to an amnesty. I asked what was the Government's position on the matter and whether those concerned would not serve one day in prison as a result of their crimes. The Leader informed us that she would raise the matter with the Taoiseach. It appears from today's newspapers that the answer is before...

Seanad: Order of Business. (10 Dec 2004)

Maurice Cummins: It is absolutely disgraceful that this could even be contemplated.

Seanad: Order of Business. (10 Dec 2004)

Maurice Cummins: I firmly support the requests for a debate on Northern Ireland, which would deal specifically with these matters.

Seanad: Order of Business. (10 Dec 2004)

Maurice Cummins: I read and contributed to that report. I will keep my remaining comments for the debate on Northern Ireland.

Seanad: Order of Business. (10 Dec 2004)

Maurice Cummins: That is not the issue I raised. I referred to those who are on the run.

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Maurice Cummins: I second the amendment.

Seanad: Proceeds of Crime (Amendment) Bill 1999: Report and Final Stages. (10 Dec 2004)

Maurice Cummins: : I, too, thank the Minister and his officials for their assistance and for explaining to us every aspect of the legislation. Any measure to ensure criminals suffer where it hurts, in their pockets, is to be welcomed. The measures now being introduced will assist CAB, the Garda Síochana and customs officers in their fight against crime. I hope the enactment of this legislation will result in...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: Most of them were dealt with this week.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I move amendment No. 90: In page 38, between lines 36 and 37, to insert the following subsection: "(8) Where an order under section 2 in respect of the commencement of this section is proposed to be made, a draft of the order, shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each such House.". This...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I move amendment No. 91: In page 39, subsection (1), lines 10 and 11, to delete "3 members, all of whom are" and substitute "one member who is". Why has there been a departure from the good precedent set by the Northern Ireland Police Ombudsman? There is only one holder of that office, which has proved highly effective. It is probably too effective from the Minister's perspective in that he...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I am open to being convinced by the Minister that three commissioners would be better than one, but wonder about decisiveness in that context. If two commissioners were strongly to hold polar opinions on a matter and the third could not make up his or her mind and abstained, it might not be possible for a decision to be reached. While the Minister feels three commissioners would be better...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I move amendment No. 93: In page 39, lines 15 and 16, to delete subsection (2), and substitute the following subsection: "(2) Where the Ombudsman office is vacant or becomes vacant, applications to fill the vacancy shall be—— (a) advertised within and outside the State, (b) encouraged from persons outside the State.". It is would enhance the independence and standing of the commission if...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I am not sure this issue is covered by the section we are discussing. However, a garda should have the opportunity to make a complaint against another garda. Otherwise it is pointless, as borne out by recent tribunals and inquiries. There must be some mechanism within the Bill to allow for this. It is fundamental to the Bill.

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