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

Maurice Cummins: What about the situation in County Donegal? How would we deal with a matter such as that?

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

Maurice Cummins: I move amendment No. 95: In page 42, subsection (1), line 10, after "Reform" to insert "who has applied for an advertised position, has been interviewed and selected and", It is clear from section 64 that the staff in the Garda Complaints Board will have the opportunity to transfer to the ombudsman commission. I understand this is the usual practice. However, I am not entirely convinced this...

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

Maurice Cummins: I take on board what the Minister has said. It is a matter of public confidence. The last thing we want is that the complaints body would be similar in effect to old wine in new bottles. I agree there are people with expertise who should be eligible to become members. I will withdraw the amendment as the Minister is taking these concerns on board.

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

Maurice Cummins: I move amendment No. 96: In page 42, subsection (1), line 36, after "may," to insert "where exceptional circumstances arise". The headnote in this section appears misleading. It refers to special assistance, but there is no reference to special assistance in the section. The headnote gives the impression that the assistance of gardaí will only occur in a special way or circumstances when the...

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

Maurice Cummins: With regard to amendment No. 97, the perceived lack of independence and the failure of the Garda Complaints Board to adhere to its fundamental principle of not being judge in its own cause has, ultimately, led to its downfall. It is not acceptable that members of the Garda Síochána be brought into the ombudsman commission to investigate other gardaí. I disagree with the Minister in this...

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

Maurice Cummins: I assure the Minister we have many of them. We had them before the Minister's party existed.

Seanad: Health Bill 2004: Second Stage. (10 Dec 2004)

Maurice Cummins: Senator Ormonde, without interruption.

Seanad: Health Bill 2004: Second Stage. (10 Dec 2004)

Maurice Cummins: Senator Ormonde has the floor. Senator Browne should allow her to speak without interruption.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I move amendment No. 101: In page 46, before section 72, to insert the following new section: 72.—Notwithstanding sections 55 and 73, the exchange of any type of information or other form of co-operation between— (a) the Garda Commissioner or any member of the Garda Síochána and the Ombudsman Commission, (b) The Garda Commissioner or any member of the Garda Síochána and the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: Will the Minister of State reconsider the issue raised in amendment No. 108? I can see no reason that members of the Garda Síochána should be excluded from making a complaint to the ombudsman commission. Some gardaí may have crucial information about bad practices and abuses they have witnessed. They should be in a position to bring such cases to the commission rather than to a superior...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: We had intended to oppose this section for the same reasons outlined in respect of the amendment we tabled to section 84. We are obviously not going to get anywhere with the Minister of State and we accept what he said. We will, therefore, withdraw our opposition to the section.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I move amendment No. 110: In page 56, subsection (3), between lines 19 and 20, to insert the following: "(b) shall be granted legal representation and related costs,". People who are brought before the ombudsman commission should be entitled to costs and legal representation. I hope the Minister of State will take on board the amendment because there is no reason the costs incurred by anybody...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: Would the Minister of State take on board Senator Maurice Hayes's suggestion that a person making a complaint could bring a friend with them, whether it be a trade union representative or a member of a representative association? That might come some part of the way towards meeting what is intended in the amendment. People should be allowed to bring some form of representation with them.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I move amendment No. 113: In page 59, subsection (1), lines 18 and 19, to delete "complaint under section 90" and insert ''a matter under this Act". This relates to the power to search a Garda station, which should not be restricted to investigations under section 90 but should be available when any matter under this Bill is being investigated. Why is the Minister so anxious to restrict the...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I will not pursue the amendment, but I hope the Minister of State will reconsider it on Report Stage. The general consensus of the Senators present is that the ombudsman commission may not be as effective as we would like if the element of surprise is removed. I will not press the amendment now, but I ask the Minister of State to return with a way of dealing with the matter on Report Stage.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: Is the Army supposed to be in charge of security?

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: It could happen.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I move amendment No. 117: In page 63, lines 20 to 26, to delete subsection (4). This amendment is about presentation but it concerns a very important matter. The power of the ombudsman commission to initiate an investigation of its own volition has been crucial. This power is one of the cornerstones of an independent investigative body such as that proposed. Such is its importance that it...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: I move amendment No. 1 to amendment No. 123: In subsection (1), after "appointment" to insert ", being such a period not exceeding 5 years". I recognise the sense in allowing a member of the inspectorate to be reappointed. However, a person should only be eligible for reappointment once. The inspectorate would stagnate and become redundant if the same members were reappointed time after time.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Maurice Cummins: If that is the sentiment and intent expressed by the Minister, we will withdraw the amendment.

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