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Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I am responding to the Bill overall. I believe the structure of an independent authority would be needed to radically reform the force. The Minister would have demonstrated innovation if he had gone that far. He was not prepared to go as far as many other jurisdictions have gone in responding to a crisis in policing in their countries. We have had a crisis, as have many other open, democratic...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I am aware of that and am not revisiting those issues but this Bill does not include an ombudsman in the true sense of the word. The Minister did not review it in light of the Morris tribunal, he merely tacked something on to the legislation.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: To conclude on a positive note I believe the joint policing committees are the most positive measures in this Bill. These will build confidence in the Garda Síochána and I hope they are widespread. It is the one measure in the Bill that the Minister will be able to claim credit for and he will be remembered for it. I agree with the point made by Senator Jim Walsh that the composition of...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I too support this section, with which I have no problems. Regarding a similar provision in the legislation for the secondment of members of police services outside the State to assist the ombudsman commission, I made inquiries with the Police Ombudsman for Northern Ireland and was told that she did not use members of the PSNI to carry out her work. She uses only members of other police...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: The provision is improved by the stipulation that the Minister should have to issue directions specifying the part of a document storage facility or Garda station that may be searched. However, the wording of the provision is somewhat confusing. My understanding of the original provision was that the Minister could allow an entire document storage facility to be searched and that directions...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I have no difficulty with the amendments.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I have no problems with the amendments proposed. Senator Cummins made a point on amendment No. 41. The Minister originally allowed for persons representing local community interests to be involved. To keep people happy, including people in my own party, he introduced this wording to clarify it. I feel strongly on this matter. Many people who pushed this seemed to forget that publicly elected...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: As long as it is not the county manager.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: Yes.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I share Senator Cummins's view that this measure is welcome. The Minister mentioned that the Labour Party raised this issue and I believe Senator Cummins raised the question of gardaí complaining to the ombudsman. He has made the same point again today. Senator Cummins has pointed to a possible flaw in the provision. Although it gives statutory basis to the concept of whistleblowing, it is...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I would like to speak about amendment No. 123. Although I could be mistaken, I understand it introduces a new subsection (2) in this section of the Bill. The amendment refers to the following subsection as subsection (2) — the number does not seem to have been changed. Is that correct? I am making a technical point.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: Okay.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: Yes.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: Okay, I did not notice something that nobody else had seen. It is obvious that amendment No. 123 makes a change by clarifying that the two non-Garda appointees to a promotion panel cannot be or have been members of the Garda Síochána. Amendment No. 124 alters the wording of this section of the Bill slightly, but it does not make much of a difference to the existing provisions. It states...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: I recognise the need for such a provision but I am concerned that it could be heavy handed. The Minister stated he received advice from the Attorney General that it is in order. I wonder whether fair procedures will be followed through the use of such a provision. The type of hearing provided under standard disciplinary procedures is not provided for. Can somebody speak on behalf of a member...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed) and Final Stage. (30 Jun 2005)

Joanna Tuffy: Amendment No. 35, which deals with the three year review, is welcome. The professional standards unit is welcome in itself but as Senator Cummins said, it does not go far enough. If we want a review, it should be an independent review. We are still perpetuating the practice of the gardaí reviewing their own performance. There is nothing wrong with that. It is welcome that people would review...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Joanna Tuffy: I want to raise a point of order. I understand that I should have spoken after Senator White.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Joanna Tuffy: I indicated from the beginning.

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Joanna Tuffy: I accept that but I felt I should point it out. I am pleased the Minister has returned because the issue of the ombudsman is one of the fundamental issues in the Bill. I am not happy with the solution the Minister has put forward. While it is a step in the right direction, it is still a fudge. Senator White said one should be able to identify the person. It does not matter because it is still...

Seanad: Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage (Resumed). (29 Jun 2005)

Joanna Tuffy: The whole point of such a role is that one person acts as one's advocate. The Garda Síochána Complaints Board has a chairperson but given that we have decided to set up a new institution we should go the whole way and have a single person as ombudsman. I have been trying to find a copy of Senator Maurice Hayes's 1995 report. I have made the point before that the Ombudsman Act came into...

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