Results 1,001-1,020 of 1,212 for speaker:Dara Murphy

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Yes.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I thank the Chairman for the welcome afforded to me. Deputies will be aware that the role of the policing authority will be to oversee the performance by An Garda Síochána of its functions relating to policing services. The Garda Síochána is also the security service for the State and the Garda Commissioner will continue to be accountable to the Minister and the...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I acknowledge the points made by Deputy Mac Lochlainn. Let me restate that the Minister has considered these amendments very carefully and in this particular case, given that the security of the State is a priority function of Government, the task of deciding whether an item relates to policing or security matters should be undertaken by the Minister and has to take place in his or her...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: On the specific point made by Deputy Wallace on amendments in the name of Deputy Finian McGrath, the amendments would assign to GSOC the functions of Government in relation to national security. Deputies are all aware that the core function of GSOC is to investigate complaints made against members of the Garda Síochána and has no oversight function in relation to national security....

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: The Minister would have to explain his or her decision to both parties in the event of a disagreement. As to whether there would be a report, it is unlikely that would require a report given that there would be two parties involved who would each get the same explanation for the decision.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: All advice from the Attorney General to Ministers is privileged.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Section 5 of the Bill inserts a new section 3B into the principal Act which sets out the policing principles that will underpin the provision of policing services in the State. According to these principles, policing should be conducted independently, impartially, in accordance with the law and in a manner that respects human rights and supports the proper and effective administration of...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: The effect of these amendments would be to remove from the Government and the Minster for Justice and Equality any role in the appointment and removal of senior members of the Garda Síochána. Legislation must be fully compatible with the Constitution. No member would wish that there would be a serious constitutional question over legislation. Article 28.2 of the Constitution...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: It is acknowledged that having a combination of policing and security services gives rise to certain realities. Another reality is that the Attorney General has given her interpretation of the Constitution. The Government cannot and will not ignore that advice but, to be fair, this Bill does transfer significant ministerial powers to the authority. The Attorney General is the legal adviser...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Any Minister will take any submission on any item of legislation.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Following discussions between the Minister's officials, Parliamentary Counsel and legal advisers in the Office of the Attorney General on the code of ethics provision, the Minister is satisfied that the policy objective in respect of the code is achieved in the overall substance of the final text. I have, for example, already drawn the attention of Deputies to the solemn declaration under...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: Yes.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: We have been over and back on the constitutional question already. The amendments cover the setting of priorities for policing in the State, the approval of a three-yearly strategy statement for the Garda organisation and the adoption of the annual Garda policing plan. I do not propose to enter into a detailed discussion of what is involved in each of these areas, but it will be clear, on...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: With respect, may I respond?

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: If there is a repeated allegation that it is not an independent authority, I will respond to that.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: To be fair-----

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: May I respond? I have, of course, my speaking notes and I have my own opinions, as does the Deputy. I have prepared notes in conjunction with the speaking notes as have he has and other members.

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I move amendment No. 88:In page 19, to delete lines 8 to 10 and substitute the following:“(a) by the substitution of the following subsection for subsection (1):“(1) Subject to subsection (6)—(a) not later than 6 months after the establishment day of the Authority,and(b) not later than 3 months before the expiry of the period to which the previous strategy statement...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: As I have said with regard to other proposed amendments, there are constitutional limitations on the extent to which it is open to the Oireachtas to make changes. In regard to the effect of amendment No. 99, this goes further than policing matters. As drafted, it would give the authority the capacity to issue a directive concerning any matter relating to the Garda Síochána without...

Select Committee on Justice, Defence and Equality: Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Committee Stage (7 Oct 2015)

Dara Murphy: I suggest that we could deal with them and then adjourn, if that is in order.