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Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: While I will not endeavour to define what is timely in the legislation, under the Bill, the Commissioner will be accountable to a board in respect of his or her co-operation with the police ombudsman. There will be an oversight role for the board with regard to how the Commissioner carries out those roles. That is something that is not there today.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I might also speak to my own amendment in this grouping, No. 145. Before I get into the specifics of the amendment, I will address the issues Deputies Costello and Ó Ríordáin have raised. There can be no tolerance for the sort of conduct both Deputies referred to within An Garda Síochána. Without getting into the individual case, I share Deputy Ó...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 22: In page 29, line 29, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 23: In page 30, line 17, after “offence,” to insert the following: “or is convicted outside the State of an offence consisting of acts or omissions which would constitute an offence triable on indictment if done or made in the State,”. These amendments relate to sections 18, 126 and 234, respectively. The first amendment extends section...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 24: In page 32, line 5, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform".

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 25: In page 32, line 21, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 27: In page 36, line 11, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 28: In page 37, lines 6 and 7, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: The amendment concerns the powers available under the section to a judge who has been invited by the Chief Justice to hold an inquiry into any matter, as the Deputy said, giving rise to a proposal to remove a Garda Commissioner or deputy Garda commissioner from office under section 31. Section 31 sets out the procedures which may give rise to the judge being invited to carry out an inquiry...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I am, based on the legal advice available to me. I am also aware that, beyond that legal advice, there is a clear democratic safeguard, which is the powers a Government has relating to the removal or suspension of a Garda Commissioner. The amendment raises an important issue and, while we cannot envisage it today, it is right and proper in progressing this legislation to tease these things...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I will take the amendments in the order we discussed them. I thank Deputy Daly for amendment No. 30, which relates to the phrase "to seek" and concerns the specific function of the Garda Commissioner that he or she is "to seek to secure the continuous improvement of the policing and security of the State". I understand what he is trying to achieve, in that by removing the phrase "to seek"...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I have the utmost respect for former Deputy Alan Shatter too. I do not say this to be overly provocative but some of the phraseology used, which I will not repeat, is just not what I recognise in any way, shape or form as how An Garda Síochána carries out its business. Our Garda, regardless of the Minister or the Commissioner, is entirely independent in its investigations, which I...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I know the Deputy wants to change it but he did not suggest it is new. It is a restatement of section 41(1)(d) of the 2005 Act previously passed by these Houses. The amendment would significantly limit the necessary communication flow between the Commissioner, the Minister and the Department. I am strongly of the view that the line of communication is required. This is essential to...

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 36: In page 47, line 16, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 37: In page 47, lines 20 and 21, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 38: In page 47, line 34, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 40: In page 49, line 25, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 41: In page 49, line 27, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I move amendment No. 42: In page 54, line 29, to delete “Minister for Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

Select Committee on Justice and Equality: Policing, Security and Community Safety Bill 2023: Committee Stage (9 May 2023)

Simon Harris: I thank Deputies McNamara and Daly. Before I share my briefing and thoughts on this matter, I will say at the outset that there will be further engagement with the staff associations and trade unions. I intend to meet with Fórsa very shortly. The deputy secretary general of the Department of Justice intends to meet with the Association of Higher Civil and Public Servants by the end of...

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