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Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I thank the Minister for tabling amendment No. 6, which takes on board the points made by Members on different sides of the House on Committee Stage regarding the need to include the word "shall" in respect of the publication of guidelines. This is one of the initiatives for which the Minister will be remembered. It is positive in nature and will enhance local democracy. The Labour Party had...

Seanad: Garda Síochána Bill 2004: Report and Final Stages. (17 Dec 2004)

Joanna Tuffy: I welcome the Minister's amendments. We had also proposed amendments in this regard on Committee Stage.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Joanna Tuffy: Senator Moylan made the point that the Government did more for the well-off than any other Government.

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Joanna Tuffy: The point is that, proportionally, the Government has not done so. The Government had more resources than any other but when the ESRI analysed past budgets, it found that Fianna Fáil did more when in Government with the Labour Party following the 1992 elections in terms of distributing resources to the less well-off in society. Others have referred to the potential unconstitutionality of the...

Seanad: Health (Amendment) (No. 2) Bill 2004: Second Stage. (17 Dec 2004)

Joanna Tuffy: The legislation may be found to be unconstitutional and we have a duty to ensure that people are protected. I hope I will have an opportunity to table an amendment on Report Stage because we did not do so for Committee Stage. If it is in order, I will try to do so. That issue has been raised by the senior citizens' group, which referred to the adequacy of payments and the amount of money that...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: We are not against the relieving of gardaí from duties such as this. The Minister of State referred to the deployment of extra gardaí. We were particularly in favour of the implementation of the report recommending the relieving of approximately 500 gardaí from administrative duties and that such posts would become Civil Service-type positions. The Minister of State referred to powers...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: Security staff do not have State-provided powers.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: They are not.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: That is not true.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: I am not against the idea behind this provision in terms of relieving members of the Garda Síochána from this type of duty. My problem is the issue of accountability. This is totally different to the case of security firms looking after private areas such as shopping centres. The Government is giving significant State powers to those designated security officers under the Bill. These powers...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: Most people who do that, do so in good faith. They do not do it lightly. However, the legislation is taking away people's rights. If someone is defamed or manhandled in a shopping centre, he or she can assert his or her civil rights in court. The Bill is giving people who would operate in this way the force of a legal statute behind them. It might actually take away people's rights if they...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: I move amendment No. 129: In page 9, line 10, after "OF" to insert "A BODY KNOWN AS COIMISIÚN OMBUDSMAN AN GHARDA SÍOCHÁNA, OR IN THE ENGLISH LANGUAGE,". I am satisfied the Government has addressed the issue raised in this amendment and will agree to withdraw it.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: I too am very concerned about this provision. The Labour Party opposes it and will put forward that opposition on Report Stage. It gives substantial powers to the designated persons, for example, to search and exclude people from a building. It will change the nature of places such as the National Gallery. People in Ireland are not accustomed to this. It exists in the United Kingdom and other...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (15 Dec 2004)

Joanna Tuffy: If one takes the Houses of the Oireachtas as an example, one sees that one could have a situation where a member of staff could be excluded from the Houses by a person from a security firm. I am straying a little, but if it were decided that an outside security firm should be used in the Houses, and some of those involved were designated officers under the section by the head of the Houses,...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 116: In page 62, subsection (2), line 14, after "concerned," to insert "it may institute criminal proceedings against the member and if it decides not to do so". The Minister rejected a previous amendment in this regard. This amendment proposes that the Garda ombudsman commission should be entitled to prosecute members of the Garda Síochána and should not be dependent...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 119: In page 65, between lines 39 and 40, to insert the following subsection: "(2) Protocols adopted pursuant to this section shall be laid before both Houses of the Oireachtas.". This amendment provides for publicity and transparency for protocols under section 100.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I have concerns with the provision. A major aspect of the Bill is to give people the ability to make a complaint about gardaí. These new powers are given to officers in the locations outlined who are not gardaí. If a person feels his or her rights have been infringed by such officers, what should he or she do? The Bill appears to give substantial powers of search and so on to those...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I move amendment No. 107: In page 49, subsection (1), lines 19 to 26, to delete all words from and including "Commission—" in line 19 and substitute "Commission by any member of the public". The purpose of this amendment is to allow any member of the public to make a complaint to the ombudsman commission. I feel this would be a better situation and would promote more confidence in the Garda...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I am concerned that there will be people who will not make a complaint or consent to another person making the complaint on their behalf. However, there may be some other person who wishes to raise the subject of the complaint with the ombudsman commission. How, for example, will a public representative present an issue to the commission if he or she does not have the necessary consent? The...

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (14 Dec 2004)

Joanna Tuffy: I did not propose the amendment. If I did, I would have to declare an interest because I am a solicitor. Is there an appeal or grievance procedure available to people who might be dissatisfied with the handling or outcome of their complaints?

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