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Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: I apologise; I know the Senator has heard me say a number of times that I understand the intention. The concept of fairness in the legislative process is subjective and it is not generally used. In fact, I do not think the word “fair” is in any legislation that has gone through the Houses compared to the concepts that are here, namely lawful, professional, punctual and prompt,...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: While I again agree with what is being proposed here in terms of the overall objective, I need a little more time to engage with IHREC to be sure it is happy to be a body to be engaged with. I suggest we return to this on Report Stage and I will be able to do that in the interim if the Senator is agreeable.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: As I said, I will come back on this particular amendment as I have to engage with the organisation. What we are suggesting in this particular section is that we would have bodies that absolutely have to be engaged with, but who the authority would then decide to engage with beyond that is a matter for the authority. It could be any type of body or organisation. The way in which it decides...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: The Garda Commissioner represents rank-and-file gardaí. That is why he will be consulted. The role of the Minister is to act on behalf of the Government, having been appointed Minister, to approve the priorities in consultation with the other bodies represented. That is laid before the Houses, as has been set out.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: This is very similar to what we have in the 2005 Act. It means that if an issue were to arise, it allows the authority to be able to respond and create new priorities if necessary. It ensures the system is not static. This allows for issues that may arise in this area.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: The National Security Analysis Centre is under the Department of An Taoiseach. It engages with all relevant Departments, including my Department, the cybersecurity office, the Army and An Garda Síochána. What we have in the legislation is similar to what we had in the 2005 Act. It was looked at and it was decided not to establish a separate agency or body.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: Section 62(2) states that before determining security priorities under section 62(1) or specifying performance targets, the Minister shall consult with the Garda Commissioner and such other persons as he or she considers appropriate. When it comes to security matters, the Minister tends to be guided by the Garda Commissioner and the authority that sits under the Department of An Taoiseach...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: We take this matter seriously. Following from the Commission on the Future of Policing, the National Security Analysis Centre was established in the last number of years. The Commission on the Future of Policing also considered whether to recommend the creation of a separate agency with powers going beyond analysis and intelligence co-ordination to include, for example, a capacity to...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: Yes.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: I am not sure what information the Senator is looking for.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: I can outline it again.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: I can provide the full report for Members as I am sure they would like to read through all of it. We have carefully considered whether to recommend the creation of a separate agency with powers going beyond analysis and intelligence co-ordination to include, for example, the capability to develop its own intelligence sources, such as the security service in the United Kingdom, or even full...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: This is the Commission on the Future of Policing in Ireland report that was finalised in 2018. It was approved by the Government and this Bill is the culmination of that report. This is what we are doing with that report.

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: As was said, amendments Nos. 47 and 48 are similar and we have considered them together. Amendment No. 47 relates to section 63, which provides for the preparation by the Garda Commissioner of a strategic plan for An Garda Síochána. Amendment No. 48 relates to section 65, which provides for the preparation by the Commissioner of the annual service plan for An Garda...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: This is very similar to what we currently have. This is to allow An Garda Síochána to plan for the future and make sure we have plans in place, and not just for one year given many plans may go beyond that. That is why a period of three years has been chosen, and it was also three years previously. As I mentioned, the previous reason given for not setting a timeline was that...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: The objectives are identified through consultation, as is laid out. That is done at the direction of the Commissioner, and he or she can consult whomever they like. It is done that way so that we do not constrain them. Obviously, if targets are set the Commissioner is not just accountable to the Minister, but also to the board, the authority and to the Oireachtas. All Members here can be...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: The Commissioner decides who he or she consults with and that is to allow him or her to consult with whosoever he or she deems fit. The Commissioner must bring the plan to the board. The board is a new structure with one chair and eight ordinary members. We already discussed the make-up and how that board will be appointed. The plan is a three-year plan so that we allow for various...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: Section 63(8)(a) states that the strategic plan may be amended by the Minister at any time having consulted with the board. If issues arise, it can amended at any time. It does not necessitate a new plan. This is a national plan. The Commissioner represents gardaí throughout the country so it is not just for any one specific area. Again, section 63(5) states that in preparing a...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: The Commissioner represents all of the organisation both rural and urban. As he or she will consult any of those bodies he or she deems fit or look at any of the priorities or principles, this covers not just rural but urban areas. In terms of resourcing and allocation, it is the same in any Department, organisation or agency. It must have the capacity and funding. There is a separate...

Seanad: Policing, Security and Community Safety Bill 2023: Committee Stage (Resumed) (13 Dec 2023)

Helen McEntee: As both Senators will be able to see, because they have copies of the legislation right in front of them, section 64(2) states: The Garda Commissioner shall ensure that, as soon as practicable after a copy of a strategic plan is laid before each House of the Oireachtas, the plan as laid is published on a website maintained by or on behalf of An Garda Síochána or in such other...

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