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Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: I, like other Senators, have no objection to these. However, the response from the Chief Justice reminds me of the need to make the Judiciary subject to some sort of overarching body in terms of its conduct. The Minister might usefully investigate the system in operation in Massachusetts, where a commission oversees consistency of decisions and judicial conduct. Given some of the events that...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: On the latter point, I have witnessed a perceived bias of a small section of the public service against politicians. I have seen councillors and Oireachtas Members being excluded and, unfortunately, Ministers who are not in charge of their brief go along with it. We are fortunate that does not apply to the Minister with us today. I am unhappy with two of the amendments. Amendment No. 41...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: It was.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: I am not convinced by the Opposition arguments in this regard. If there is malpractice or corruption in the Garda Síochána, it is not for the ombudsman commission to resolve it. That is an issue that should be resolved by the force. It is important, however, that a garda who reports suspicions should not subsequently incur sanctions. There is a kind of omerta or sense of identity in any...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: I know it is not right. It is important that there would be healthy and receptive acceptance of any suspicions people might have and that these should be investigated. However, there should be no subsequent recrimination. Matters should be conducted in a way that does not lead to that type of culture creeping into the Garda. The force must deal with the issue. If a garda passed on suspicions...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: The Morris tribunal has dealt quite thoroughly with the Donegal issue and it is not for me or Senator Cummins to reinvestigate it. The deficiencies there and the findings and recommendations of the report have led and instigated this change to provide a format within the force to deal with such issues, which is welcome. I listened to some of the debate in the Dáil and as far as I am aware,...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: It is not.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: This board is a key factor in the effective running of the Garda Síochána. If one promotes good people with the necessary skills to do the job, the factors that must be addressed will be overcome. The Morris tribunal highlights a litany of poor management. I was recounting to the Minister last night that my wife visited a friend recently. Her friend's husband spent his career in the Garda...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: I say this because it is imperative this does not happen here. The Minister must put in place safeguards to avoid this happening. If he wants to substantiate what I am saying, he should speak to his colleague, the Minister in charge of that area. Anyone who has gone through the local government system would not have failed to notice what is going on. The system needs to be overhauled...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: The section is strong of necessity. The ultimate sanction of dismissal must be available in both public and private employment. Labour and employment legislation contains safeguards against travesties of justice. Natural justice dictates that a member facing dismissal should have the right of representation when he or she makes his or her case. The member must be informed of the basis for the...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Jim Walsh: I welcome certain aspects of the amendments before us but the question of a review of the effectiveness of management, the deployment of resources and so on is a matter for the Commissioner. To refer back to the hearings we had on the Dublin-Monaghan bombings, having read the Morris tribunal report it was a case of déjÀ vu. Many shortcomings were identified in the Barron report and by the...

Seanad: Electoral (Amendment) Bill 2005: Second Stage. (29 Jun 2005)

Jim Walsh: Is that agreed? Agreed.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: At 10.30 a.m. tomorrow.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: I was here last night when Senator Higgins made his contribution. I was taken aback but was unfamiliar with the context in which the allegation was made. When a charge is laid against the most senior policeman in the country, which has now been rebutted by the Minister here, the Senator must back up what he said or come to the House to withdraw the statement. If, in the absence of that, a...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: If my opinion of Senator Higgins is correct he will voluntarily come to the House and withdraw the statement if there is no foundation for it. If it has foundation then it should be clarified expeditiously. In view of the senior position the police officer holds it is a matter that should not be treated lightly. We have discussed many of the arguments for an individual ombudsman as against...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: That is correct.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: I broadly support the thrust of this new chapter. Under section 35(1), a garda must account for any act done or omission made while on duty when directed to do so by an officer of higher rank. While I understand this may not cover informers, I am concerned because the Morris report addressed that area at considerable length. I am not sure that I agree with all the conclusions it made. In...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Jim Walsh: I propose an amendment to the Order of Business, that the Minister be allowed finish his statement on group 7 of the amendments.

Seanad: National Consumer Agency: Motion. (29 Jun 2005)

Jim Walsh: We will not call for a seconder until Senator Leyden has used up his 12 minutes.

Seanad: National Consumer Agency: Motion. (29 Jun 2005)

Jim Walsh: That is what I asked the Senator to do.

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