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

Maurice Cummins: I move amendment No. 1 to amendment No. 123: In subsection (1), after "appointment" to insert ", being such a period not exceeding 5 years". I recognise the sense in allowing a member of the inspectorate to be reappointed. However, a person should only be eligible for reappointment once. The inspectorate would stagnate and become redundant if the same members were reappointed time after time.

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

Maurice Cummins: If that is the sentiment and intent expressed by the Minister, we will withdraw the amendment.

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

Maurice Cummins: I move amendment No. 1 to amendment No. 124: In subsection (2)(a), after "carry out," to insert "of its own volition or". Earlier we discussed the difference between the ombudsman commission and the inspectorate. We believe the inspectorate should have the power to act without first receiving a complaint. When we previously discussed the issue it was said the ombudsman commission could not do...

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

Maurice Cummins: I move amendment No. 1 to amendment No. 125: Between subsections (1) and (2), to insert the following new subsection: "(2) As soon as practicable after the commencement of this section the Inspectorate and the Ombudsman Commission shall by written protocols, make arrangements to ensure that each receives any information requested which is in the possession of either body and which is...

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

Maurice Cummins: May I take it that the Minister will come back on Report Stage with an explanation regarding the points made by Senator Burke?

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

Maurice Cummins: We are quite used to that.

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

Maurice Cummins: This section deals with security officers. From my reading, it envisages that security officers may be conferred with powers akin to a garda, to which I am opposed. I have stated on other sections of the Bill that only persons who have completed full Garda training should be conferred with Garda powers and that this should be the standard. I oppose powers such as these being conferred on...

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

Maurice Cummins: I am not suggesting civilians should not do jobs within Garda stations. However, the Minister seems to be moving from designating security officers to a voluntary force. Giving powers to those such as security officers, as they are described in the Bill, is to dilute the status of the Garda Síochána. Reference is made to security officers and a possible voluntary force with Garda powers. We...

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

Maurice Cummins: I move amendment No. 101: In page 46, before section 72, to insert the following new section: 72.—Notwithstanding sections 55 and 73, the exchange of any type of information or other form of co-operation between— (a) the Garda Commissioner or any member of the Garda Síochána and the Ombudsman Commission, (b) The Garda Commissioner or any member of the Garda Síochána and the...

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

Maurice Cummins: Will the Minister of State reconsider the issue raised in amendment No. 108? I can see no reason that members of the Garda Síochána should be excluded from making a complaint to the ombudsman commission. Some gardaí may have crucial information about bad practices and abuses they have witnessed. They should be in a position to bring such cases to the commission rather than to a superior...

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

Maurice Cummins: We had intended to oppose this section for the same reasons outlined in respect of the amendment we tabled to section 84. We are obviously not going to get anywhere with the Minister of State and we accept what he said. We will, therefore, withdraw our opposition to the section.

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

Maurice Cummins: I move amendment No. 110: In page 56, subsection (3), between lines 19 and 20, to insert the following: "(b) shall be granted legal representation and related costs,". People who are brought before the ombudsman commission should be entitled to costs and legal representation. I hope the Minister of State will take on board the amendment because there is no reason the costs incurred by anybody...

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

Maurice Cummins: Would the Minister of State take on board Senator Maurice Hayes's suggestion that a person making a complaint could bring a friend with them, whether it be a trade union representative or a member of a representative association? That might come some part of the way towards meeting what is intended in the amendment. People should be allowed to bring some form of representation with them.

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

Maurice Cummins: I move amendment No. 113: In page 59, subsection (1), lines 18 and 19, to delete "complaint under section 90" and insert ''a matter under this Act". This relates to the power to search a Garda station, which should not be restricted to investigations under section 90 but should be available when any matter under this Bill is being investigated. Why is the Minister so anxious to restrict the...

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

Maurice Cummins: I will not pursue the amendment, but I hope the Minister of State will reconsider it on Report Stage. The general consensus of the Senators present is that the ombudsman commission may not be as effective as we would like if the element of surprise is removed. I will not press the amendment now, but I ask the Minister of State to return with a way of dealing with the matter on Report Stage.

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

Maurice Cummins: Is the Army supposed to be in charge of security?

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

Maurice Cummins: It could happen.

Seanad: Health Bill 2004: Second Stage. (10 Dec 2004)

Maurice Cummins: Senator Ormonde, without interruption.

Seanad: Health Bill 2004: Second Stage. (10 Dec 2004)

Maurice Cummins: Senator Ormonde has the floor. Senator Browne should allow her to speak without interruption.

Seanad: Garda Síochána Bill 2004: Committee Stage (Resumed). (10 Dec 2004)

Maurice Cummins: I take on board what the Minister has said. It is a matter of public confidence. The last thing we want is that the complaints body would be similar in effect to old wine in new bottles. I agree there are people with expertise who should be eligible to become members. I will withdraw the amendment as the Minister is taking these concerns on board.

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