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

Mick Wallace: A number of my amendments are being discussed with amendments Nos. 3 to 6, inclusive, I want to ensure that I can table amendments on Report Stage. The amendments are similar to Deputy Mac Lochlainn's amendments. The thinking is to prevent the excuse of national security being invoked by the Minister to prevent full investigation by GSOC. The proposed legislation sets the Minister as the...

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

Mick Wallace: As long as I am able to table these amendments on Report Stage, I am fine with it.

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

Mick Wallace: I move amendment No. 4:In page 7, line 15, to delete “the Minister” and substitute “the Ombudsman Commission, which will consult a designated Judge of the High Court who will act as an independent arbiter”.

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

Mick Wallace: I move amendment No. 5:In page 7, to delete lines 16 and 17 and substitute the following:“(4) The determination by the Ombudsman Commission in consultation with a designated Judge of the question or dispute referred to them under subsection (3) shall be subject to appeal through the Courts.”.

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

Mick Wallace: I move amendment No. 7:In page 7, to delete lines 28 to 30 and substitute the following:"(b) the principle that effective and efficient policing is dependent on the confidence, support, engagement and cooperation of local communities and every member of the Garda Síochána or member of the civilian staff of the Garda Síochána should, in carrying out his or her...

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

Mick Wallace: I certainly will not withdraw the amendment. In respect of many issues in policing over recent years we have found that the lack of a registered code of ethics has been a big problem, and I am a bit disappointed that the Government has not taken the same approach. I will be pressing the amendment.

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

Mick Wallace: I move amendment No. 8:In page 8, to delete lines 6 to 22 and substitute the following:" "9.(1) Subject to this section, the appointment of a person to be the Commissioner of the Garda Síochána shall be made by the Authority following consultation with the Government. (2) The Authority shall not appoint a person under subsection (1) unless it has invited the Service to undertake a...

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

Mick Wallace: I am not compelled to address every single one of them, am I?

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

Mick Wallace: The proposed legislation includes a complicated system of appointment and removal of persons from their positions whereby, depending on their rank, a person can be removed by and are answerable to one or even two of three bodies - the Government, the authority or the Commissioner. Further confusion arises where one body appoints and another has the power to remove, for example, in the case...

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

Mick Wallace: The authority had responsibility for the appointment of the Commissioner with the approval of the Minister. The legislation as proposed sets out that the Garda Commissioner and any Deputy Garda Commissioners are to be appointed by the Government following the nomination by the authority. However, the authority can only nominate in accordance with the recommendations of the Public...

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

Mick Wallace: The Minister's argument makes a very good case for separating the regular functions of policing from State security. It would require visiting the Constitution but if it means that we will never have an independent policing authority without separating the regular functions of policing from State security, the sooner a Government has the courage to do that, the sooner we will have an...

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

Mick Wallace: I wish to make a short comment on Deputy O'Dowd's point on the issue of the Garda Commissioner being answerable to the Dáil and to the Minister. Had there been a buffer between the former Garda Commissioner and the former Minister for Justice and Equality, Deputy Alan Shatter, they would both probably still be in their jobs. That is part of the problem.

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

Mick Wallace: I could not resist-----

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

Mick Wallace: Yes.

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

Mick Wallace: I move amendment No. 14:In page 8, line 25, to delete “for nomination by” and substitute “to”.

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

Mick Wallace: I move amendment No. 22:In page 9, to delete lines 15 to 32 and substitute the following:“ “10. (1)The Authority, following consultation with the Government, may determine the number of persons who may be appointed to the rank of Deputy Garda Commissioner and, subject to this section, the appointment of a person to that rank shall be made by the Authority following consultation...

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

Mick Wallace: I move amendment No. 29:In page 9, line 35, to delete "for nomination by" and substitute "to".

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

Mick Wallace: I move amendment No. 36:In page 10, to delete lines 24 to 27 and substitute the following:" "11. (1)Subject to section 12, a person who holds the office of Garda Commissioner, Deputy Garda Commissioner or Assistant Commissioner may be removed from office by the Authority following consultation with the Government, but only for stated reasons, including because—".

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

Mick Wallace: I move amendment No. 40:In page 10, line 36, to delete "Government" and substitute "Authority following consultation with the Government".

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

Mick Wallace: I move amendment No. 42:In page 10, to delete lines 37 to 41 and substitute the following:"(2) The Authority may, following consultation with the Minister, for the purposes of subsection (1) remove from office a person who holds the office of Garda Commissioner, Deputy Garda Commissioner or Assistant Commissioner, if the reasons for the removal relate to policing services.".