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Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I move amendment No. 32: In page 100, lines 10 and 11, to delete "for Community Safety".

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I move amendment No. 33: In page 108, lines 10 and 11, to delete "or, in the English language, the Policing and Community Safety Authority".

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: As the Deputy outlined, this section of the Bill concerns functions and powers of the Policing Authority. His amendment seeks to expand its function in the carrying out of inspections. I confirm that the authority may carry out inspections either on its own initiative or at the request of the Minister. The amendment is unnecessary. Section 122 already provides for the general function of...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I move amendment No. 35: In page 112, line 15, to delete "authority" and substitute "Authority".

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I move amendment No. 36: In page 121, between lines 9 and 10, to insert the following: "Application of Freedom of Information Act 2014 to Authority 135.(1) Notwithstanding section 6(12) of the Freedom of Information Act 2014, the obligations under that Act shall apply to the Authority on and from the establishment day of the Authority. (2) Notwithstanding section 2(1) of the Freedom of...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I suppose that is for another discussion.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: My understanding of the amendment is that it would remove an obligation placed on the authority to consult the Commissioner specifically and the national office for community safety before determining policing priorities. This consultation is an essential requirement. Even if it were not set out in law, it would happen. Not stating expressly that there must be consultation with the...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: Given that my initial point has been clarified, my understanding of this amendment is that it would remove the need for the authority to consult the Garda Commissioner and the national office. Section 61(2) requires the authority to consult the Garda Commissioner, the national office and such other persons as the authority considers appropriate. I am not sure why we would remove the need to...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: One of the fundamental changes in this Bill is to separate the oversight and governance of the organisation. At present, the Policing Authority is responsible for oversight but, as we know, it is also involved in governance. In appointing people to senior ranks, the intention is not to have a crossover whereby they would be responsible for oversight while also involved in governance. That...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I thank the Deputy and it is good that he obviously agrees with the overall ambition that An Garda Síochána should be treated as a single organisation and as a single workforce. There has been engagement. On 18 May, the then Minister met with Fórsa, on 29 May, the deputy secretary of my Department met with the Association of Higher Civil and Public Servants, and I intend to...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: What we are trying to legislate for here are potential unforeseen circumstances. We are trying not to be prescriptive in what the Commissioner may or may not deem as being necessary or relevant, and in what the Commissioner might feel is important to relate to the Minister of the day. This is the case with a lot of legislation, where we try not to be prescriptive because we do not know the...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I wholeheartedly reject any assertions or suggestions Deputy McNamara has made about this matter. I have clearly outlined why I will not be accepting the amendment. It is important that we do not tie the hands of the Commissioner if he or she feels it is important to bring forward information that is relevant to the Minister.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: The Deputy has outlined the position that the then Minister gave on Committee Stage. The position has not changed. My understanding is that, under the relevant provision, an appointed judge may conduct the inquiry in the manner he or she believes is proper and will have the powers, rights and privileges vested in a judge of the High Court. It is expressly stated that the judge will be a...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: This is the advice that has been given to me. An appointed judge may conduct the inquiry in the manner he or she feels is proper and he or she will have those powers. Obviously, this Bill has to go through a number of Stages, so I will commit to triple-checking. Following the discussion on Committee Stage, the advice given to me by the Attorney General is that the judge will have those...

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: No, that is not what I am suggesting.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: I will.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: The Meath ladies have.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: Yes, that is absolutely the case. It is open to the office of the independent examiner to review legislation, to review how it has been applied-----

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: -----and to recommend changes where necessary, but the Bill absolutely does not make the changes that I think it was thought it makes. That is why the amendment has been put forward, but I am satisfied that it is not required.

Policing, Security and Community Safety Bill 2023: Report and Final Stages (12 Jul 2023)

Helen McEntee: It is interesting that we have discussed this a number of times tonight. During the debate on Coco's Law, I remember having a similar discussion-----

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