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

Terry Leyden: The section has been welcomed by all the representative associations. I refer to the discussions in January between the associations and senior departmental officials. If a garda who is prosecuted is found innocent, the Department should be prepared to pay the full costs of the hearing. The discussions will address protocols in this regard.

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

Terry Leyden: The amendment is a studied recommendation. I do not know if the Minister's officials received any recommendations on the Bill in this regard from the representative associations. I am unaware of any such case having been made. It would be difficult to enforce this measure, as it would be difficult to prove that such inducement occurred. Section 52 refers to a person who, "induces, or does any...

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

Terry Leyden: Specifying actual amounts in legislation is always dangerous because this Bill could last for the next 20 years, for example, and €3,000 now will be a very small amount of money in 20 years time.

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

Terry Leyden: I accept that point but many amendments to many Bills are required on a constant basis when amounts are specified which are not applicable.

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

Terry Leyden: The point is that it is not linked to inflation.

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

Terry Leyden: That is the point. The Bill could specify that the amounts are index-linked to the appropriate time. However, that is a matter of detail for the Minister.

Seanad: Road Traffic Bill 2004: Second Stage. (9 Dec 2004)

Terry Leyden: Is that agreed? Agreed.

Seanad: Road Traffic Bill 2004: Second Stage. (9 Dec 2004)

Terry Leyden: I thank the Minister of State for his attendance and wish him well in his office. He made a great success of the Department of Health and Children and I have no doubt he will be very effective in the Department of Transport. I wish him every success with his brief.

Seanad: Road Traffic Bill 2004: Second Stage. (9 Dec 2004)

Terry Leyden: When is it proposed to sit again?

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

Terry Leyden: I do not agree with the amendments, the flaws of which the Minister has pointed out very well. It is not correct to compare the Commissioner to an ombudsman who deals with complaints about particular entitlements as the circumstances in this instance are quite different. As very serious allegations could be made against members of the force with effects on their careers and families, it is...

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

Terry Leyden: Will the Minister examine the qualifications regarding membership. Section 58(6)(a) states: "A person is not eligible to be nominated or appointed under this section if he or she is entitled under the standing orders of either House of the Oireachtas to sit in that House." Will the Minister elaborate on that? Unless somebody is a convicted criminal, he or she can sit in these Houses. Everyone...

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

Terry Leyden: We accept that but the Minister for Justice, Equality and Law Reform is not ineligible.

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

Terry Leyden: I ask the Minister and his senior officials to closely examine the submission from the Garda Representative Association before Report Stage. I draw their attention to pages 10, 11 and 12. I can see both sides of the coin. However, it is extremely difficult for a member of the force to make a complaint against another member. This issue is not addressed in the Bill. I received the briefing and...

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

Terry Leyden: A grievance procedure exists in the Garda Síochána code. There may be room to improve on that opportunity. It is noteworthy that in one instance, implementation of the grievance procedure led to a member being subjected to the Garda Síochána disciplinary regulations, under regulation 9, for having made an allegation against a superior which was not proven. The code of practice was...

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

Terry Leyden: From reading the legislation there is nothing to preclude a member of the public who may or may not be related to a garda from making a complaint. The Minister may say that could not happen, but they are not precluded. I just note that this is a possibility. It might not ever arise and it would be unfortunate if it did. I am not advocating that it should arise and I do not believe it is...

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

Terry Leyden: The Minister is aware of the views of the Garda Representative Association. It is interesting that that group is not anxious to have gardaí investigating gardaí, and it has made that quite clear. In cases where the commission would ask a garda to investigate a situation, the decision would be made by the three person ombudsman commission. It would not be made by the investigating garda. In...

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

Terry Leyden: What about "a lot done, more to do"?

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

Terry Leyden: I welcome the Minister of State, Deputy Seán Power, to the House and wish him well in his first and well-deserved Ministry. I had the pleasure of serving in Government with his father Paddy Power, who was a tremendous Minister for Defence and an excellent constituency worker. It is great to see the continuity and I wish the Minister of State every success in the Department of Health and...

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

Terry Leyden: It is evident from the €2.5 million allocation made by the former Minister for Health and Children, Deputy Martin, that we will have 40 extra jobs in the Roscommon hospital accident and emergency unit. The nine observation beds in that unit will open and St. Colman's ward is currently being refurbished. That is a clear commitment to the retention and development of the accident and...

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

Terry Leyden: I will put this in the context of the Bill. This Bill supports the development of local hospitals. I am pointing out what has happened in our local hospitals to date.

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