Results 2,281-2,300 of 2,629 for speaker:Tim O'Malley

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

Tim O'Malley: I am opposed to the first two amendments to the amendment as they are inconsistent with the reason for establishing the inspectorate which has its origins in the first report to the tribunal established under the chairmanship of Mr. Justice Morris to inquire into allegations of Garda corruption in County Donegal. I have brought forward the proposal in light of recommendations of the tribunal...

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

Tim O'Malley: Subsection 1 is designed to place a duty on the Commissioner to co-operate and supply information to the inspectorate when it is exercising its functions. Subsection (2) provides that the inspectorate shall not be prohibited from receiving or disclosing relevant factual information. Subsection (3) prohibits the inspector, staff of the inspectorate or its agents from disclosing information...

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

Tim O'Malley: These are standard provisions relating to the provision of resources by the Minister to facilitate the proper functioning of the inspectorate. It is too early to say what the staffing complement or budget of the inspectorate might be. The precise staffing requirements in the budget will be the subject of discussions with the Department of Finance when the inspectorate is being established. It...

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

Tim O'Malley: I assure the Senator that is the intention.

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

Tim O'Malley: The inspectorate will be amenable to testify before an Oireachtas committee. Accordingly, subsection (1) provides for the appearance of the chief inspector before such a committee. However, it is not a general provision in the sense that it is limited to a matter that is covered in a report laid before the Houses of the Oireachtas in accordance with the provisions of section 109(2)(b)....

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

Tim O'Malley: This amendment will allow for changes to be made in the arrangements for the establishment of Garda promotion boards. It achieves this by allowing the Minister, after consultation with the Garda Commissioner and with the approval of the Government, to make appropriate provision by means of regulations under section 106.

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

Tim O'Malley: The opposite is the case. The intent of this amendment is to ensure greater transparency in Garda promotions. Before changes can be made, the Garda Commissioner must be consulted. The section also covers promotions outside the force. It is to ensure greater transparency in this regard.

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

Tim O'Malley: I appreciate the concerns of Senators. Garda promotions are covered by regulations. The new provision will be the same. The new rules have more to do with the new system of promotion in order to have input into the system by outside professionals. At the moment the system is mainly an internal Garda one. The Minister wishes to introduce greater transparency into the process. That is the...

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

Tim O'Malley: I will bring the concerns of Senators to the Minister's attention.

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

Tim O'Malley: I will not respond to the last comment. I appreciate Senator Burke's point. However, I do not have an answer. The Senator will have the opportunity to ask that question of the Minister for Justice, Equality and Law Reform, Deputy McDowell, on Report Stage.

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

Tim O'Malley: The Senator will have an opportunity to return to this point. I do not have an answer tonight. I will make the Senator's reservations known to the Minister.

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

Tim O'Malley: The Senator may take it that the Minister will come back to him but perhaps not with the answer he wants.

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

Tim O'Malley: I am not prepared to accept this amendment and, in any event, I am unclear as to the intent behind it. The main focus of the provisions of sections 55 and 73 is on the offence of disclosure of information to third parties, which might have a harmful effect. A range of penalties is provided for, depending on the circumstances relating to the illegal disclosure. There is no suggestion in these...

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

Tim O'Malley: The purpose of these amendments is to make corresponding changes to section 73 which contain similar confidentiality provisions to those in section 55. The purpose behind both amendments is to align the text of sections 73(2) and (4) with the corresponding provisions in section 55, which have been similarly amended.

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

Tim O'Malley: The purpose of this amendment is to restore a slightly reworded text of subsection (4)(a), which was deleted by Government amendment No. 103.

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

Tim O'Malley: I oppose amendments Nos. 107 and 108. Amendment No. 107, at the very least, leaves open the possibility for complaints to be made based only on hearsay. I have no doubt that it would also lead to the making of frivolous and unwarranted complaints to the commission. It would be entirely unsatisfactory to leave open the possibility for any person, upon hearing in passing of an alleged instance...

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

Tim O'Malley: Members should remember that the Garda Commissioner is responsible for all matters relating to discipline within the Garda Síochána. The provisions of the Bill dealing with the Garda ombudsman commission have been drafted with this very much to the fore. The Commissioner is the chief executive of the force, to use Senator Quinn's analogy on Second Stage. As such, he or she should properly...

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

Tim O'Malley: The Minister is opposed to these amendments as the intention behind them is to remove the provisions in the Bill providing for the referral of complaints to the Garda Commissioner for investigation, even in circumstances where they might be supervised by the ombudsman commission. This brings us back to the point about gardaí investigating gardaí. Senators may have some misunderstanding...

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

Tim O'Malley: Yes, the commission will have that power and will be able to investigate complaints at any time.

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

Tim O'Malley: I apologise to the Senator.