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

Simon Harris: It does not matter what Department I am in, I seem to have these conversations with Deputy Ó Snodaigh.

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

Simon Harris: As he should on this issue. I enjoyed working with him in this area on the Higher Education Authority, HEA, Bill. I think we made a better Bill as a result of the engagement we had. We will approach this issue in this Bill in that same way. I agree with a lot of what he has said. I will flag that I intend to bring forward amendments to this section on Report Stage to address the issue as...

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

Simon Harris: I move amendment No. 6: In page 24, line 24, to delete “in particular individuals, who” and substitute “in particular individuals who”. There are three amendments in this group. Amendment No. 6 is a technical amendment and serves to remove an unnecessary comma. Amendment No. 58 relates to section 78 and concerns a code of ethics for members of Garda personnel...

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

Simon Harris: I thank Deputy Costello. I note the point the Deputy makes and I acknowledge the concern. I send many letters to the Deputy providing a lot of statistics, through parliamentary questions and the likes. Often, we have to say that we have to get the data and then revert to the Deputy. I acknowledge the concern behind the amendment. The provision in section 77 of the Bill hopefully...

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

Simon Harris: We do try.

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

Simon Harris: I thank the Deputy for the amendments. On amendment No. 19, which relates to the functions of the board and, more specifically, the amendment’s intended function of ensuring the legal compliance and efficient running of the organisation’s accounting and financial reporting systems, my genuine concern, just to be helpful, is that the effect of the amendment would be that the...

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

Simon Harris: I note the Deputy's comments. Section 214 as now drafted includes the phrase "as soon as practicable", which may be a response to the Deputy's reference to the term "timely". The phrase "as soon as practicable" recognises the complexities, including security matters and so on, that can arise.

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"...

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