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Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: Very good.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: We are still not satisfied. I do not know whether the Minister has seen it, but I have tabled an amendment to his amendment. I move amendment No. 1 to amendment No. 25: To delete "has such functions as are conferred on it" and substitute "and its members have such functions as are conferred on them". The Minister is correct that I was initially unhappy with the wording of the section. Section...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I am getting through. It is an important amendment.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: Otherwise we would address the wrong body. We should address the members of the force.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I move amendment No. 30: In page 12, to delete lines 1 to 3 and substitute the following: "(5) The powers, immunities, privileges and duties of members of the Garda Síochána under or by virtue of this Act, any other enactment or at common law are exercisable in furtherance and for the more effectual performance of the functions of the Garda Síochána referred to in this section and for no...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: Is there any particular reason for that view?

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: The amendment seeks to delete section 7(5) of the Bill, which states: "This section does not affect any powers, immunities, privileges or duties that members of the Garda Síochána have by virtue of any other enactment or at common law." The Bill at section 6 makes a statement as to duty and functions but this is effectively removed at section 7(5). Having made a positive statement, the Bill...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I move amendment No. 33: In page 12, line 30, after "circumstances" to insert the following: "either at all or without a specific direction from the Director of Public Prosecutions". This relates to the desire of the Minister that all prosecutions emanate from the Director of Public Prosecutions and to give a standard, unifying mechanism for prosecutions. If my amendment were accepted section...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I did not realise the three amendments were being discussed together. Let us consider amendment No. 35. It reads: In page 12, line 44, after "Síochána" to insert the following: "(which the Director of Public Prosecutions is hereby empowered to do)". In this legislation the section "precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: Would the Minister not accept that proposition? There must be thousands of prosecutions that take place in the District Court every year about which the DPP has no clue. Let us consider amendment No. 34, which states: In page 12, line 40, after "direction" to insert the following: ", provided that where it is ascertained that a failure to comply with this section or that direction has...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I suppose if the DPP and the Minister are of one mind, I had better leave it at that.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: We could do with some extra Members in the House to hear the eloquence of Deputy Ó Snodaigh.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: We spent a great deal of time on this crucial section on Committee Stage because it deals with the functions of the Garda. It is worth deliberating for some time on what the force's functions should be in modern day Ireland. Should its primary function merely be to provide policing and security services for the State without reference to the citizen? Should its priorities be the preservation...

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: Wow.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: I am afraid that they got it wrong in Northern Ireland.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: The Minister should not slavishly follow them.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: One must actively protect them.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: That is Fine Gael philosophy. Fianna Fáil does not believe in it.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: That is not what we are saying here.

Garda Síochána Bill 2004 [Seanad]: Report Stage (Resumed) and Final Stage. (23 Jun 2005)

Joe Costello: That subsection can be deleted.

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