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

Simon Harris: I move amendment No. 103: In page 152, lines 17 and 18, to delete “or a joint investigation (within the respective meanings they have in Part 6)” and substitute “(within the meaning of Part 6)”. As this amendment requires the deletion of section 205, I want to give the committee all of the information in the round. We are basically proposing the deletion of...

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

Simon Harris: I move amendment No. 104: In page 152, line 29, to delete “Garda Síochána (Compensation) Acts 1941 to 2003” and substitute “Garda Síochána (Compensation) Act 2022”.

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

Simon Harris: I will not take too much time but for the record of the committee I will outline my rationale here. I thank Deputy Daly. The approach taken here, as with the approach taken across the entire Bill, originates from the recommendation of the Commission on the Future of Policing in Ireland report, which recognises in chapter 12, as I have said a number of times this afternoon, that An Garda...

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

Simon Harris: I hope this is the right place to do it but Deputies may wish to note that in conjunction with the ongoing planning for the implementation of the Bill, I am assessing whether there may be a need for further amendments to this part of the Bill concerning the police ombudsman, to ensure that the structures proposed maximise the potential of the reformed body. I flag that I may return with...

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

Simon Harris: Yes, I just wished to flag that we may.

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

Simon Harris: I move amendment No. 119: In page 160, line 16, to delete “or joint investigation”.

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

Simon Harris: I move amendment No. 120: In page 164, to delete line 10

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

Simon Harris: I move amendment No. 121: In page 165, to delete lines 20 to 32.

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

Simon Harris: On section 194, I am assessing whether there may be need for further amendments to this section for the purpose of clarifying its objectives and may return to it on Report Stage.

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

Simon Harris: The purpose of this consultation is to ensure this new incident of concern process is practical and operable. Section 200(4) also provides that having notified the police ombudsman of an incident of concern, the Garda Commissioner may still take lawful actions to prevent the commission of offences or breaches of the professional standards of behaviour, including commencing or continuing a...

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

Simon Harris: I am and that is the balance we are trying to get right. The role of the independent examiner and its reporting mechanism to the Taoiseach is a further remove from the Department of Justice, which is important for oversight.

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

Simon Harris: I move amendment No. 123: In page 174, lines 6 to 8, to delete all words from and including “offence” in line 6 down to and including “determine” in line 8 and substitute “offence determine”

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

Simon Harris: The original Garda Síochána Act 2005 provided for a time limit of 12 months for the taking of such proceedings, extended to 18 months by section 51 of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015. The new section 218 reinstates the time period of 18 months which was approved by the Oireachtas and which is a relatively recent period in...

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

Simon Harris: I move amendment No. 126: In page 193, to delete line 14.

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

Simon Harris: I move amendment No. 127: In page 193, to delete lines 30 to 38.

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

Simon Harris: We are reviewing further legal advice on the operation of the section and may return to it on Report Stage.

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

Simon Harris: The same applies to this section regarding the reporting provisions concerned. We may return to it on Report Stage.

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

Simon Harris: I move amendment No. 128: In page 196, line 27, to delete “an investigation, a joint investigation” and substitute “an investigation”.

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

Simon Harris: I move amendment No. 133: In page 205, line 23, 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,”.

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

Simon Harris: I move amendment No. 135: In page 206, line 23, to delete “Minister for Public Expenditure and Reform,” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

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