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Seanad: Independent Monitoring Commission Bill 2003: Second Stage. (9 Dec 2003)

Brian Hayes: So would the Minister.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I move amendment No. 1: In page 4, line 11, after "Minister" to insert ", subject to the consent of the Minister for Finance". We tabled a small number of amendments on this Stage not to seek in any way a radical altering of the Bill, but to be helpful in terms of its drafting. The legislation is useful in that it does not have the collection of verbiage contained in much legislation going...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I assure the Minister that the amendment was not provoked by a call to my office from the Minister for Finance at any given time.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I move amendment No. 2: In page 4, after line 42, to insert the following new subsection: "(5) Any immunity or privilege conferred by this Act or enjoyed under the Agreement shall only apply to acts or omissions– (a) in good faith, and (b) in the course of duty.". This section sets out in a clear and precise way the immunities and privileges that will be granted to the commission, which...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: They would have to provide evidence to substantiate such claims in court.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I thank the Minister for Justice, Deputy McDowell, and the other Senators for the debate. No one is suggesting that the people to be appointed are not entirely independent or that they will be under the ownership of a government or a Department. It is important however that there is a degree of consistency in respect of any body of law we put in place in this House or the Lower House when it...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I move amendment No. 3: In page 5, between lines 2 and 3, to insert the following paragraph: "(a) compromise its political independence,". We are proposing the insertion of a new clause whereby the independence of the commission could not be compromised by its political independence. In addition to the actions already listed in the section, it is vital that such a body does not compromise...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: In view of the fact that the Minister would find it difficult to go back at this late stage to Her Majesty Queen Elizabeth's representative in this State, I will not make matters unduly difficult for him. On that basis, and because he has promised me something as we go through Committee Stage, I will proceed to the next amendment. Amendment, by leave, withdrawn. Section 6 agreed to. SECTION 7.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I move amendment No. 4: In page 5, subsection (1), line 10, after "by him" to insert "for that purpose". This section deals with the flow of information from the Garda Síochána to the commission, where it requests it. There are grounds for the amendment proposed by the Opposition. As currently worded the Bill could empower any member of the Garda Síochána to give information to the...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I thank the Minister for his generosity of thought and action at 5.05 p.m. Amendment agreed to. Question proposed: "That section 7 stand part of the Bill."

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: On Second Stage I raised the question of the Police Ombudsman and I will not do so again. Is this the first time statutory provision has been made for the Garda Síochána to give information to a non-police force on the island of Ireland?

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: To bodies?

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: I wish to make a point on the issue of information. I do not wish to embroil myself in the row that is taking place on the other side of the House. I raised the issue of information on Second Stage and the Minister kindly replied. As I understand it, the Police Ombudsman for Northern Ireland cannot investigate alleged incidents that occur to PSNI officers in Northern Ireland where information...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: The amendment was accepted.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: That is very generous of the Senator.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: Now that we are all opening our hearts, I will make one or two brief comments. This is an interesting debate. I was always in favour of amending Articles 2 and 3 because I believed they were illegitimate. I have always accepted that there have been two states on the island of Ireland since the historic agreement in 1921. The reality is that whatever one thought of Articles 2 and 3 at the...

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: The British in Northern Ireland are not from London, Halifax or wherever. They are British people in Northern Ireland and that has been the constant problem.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: The 1.5 million people who live in Northern Ireland and who regard themselves as British are as British as the people who live in other parts of the United Kingdom.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: Irrespective of whether the Senator likes it, they believe they are.

Seanad: Independent Monitoring Commission Bill 2003: Committee and Remaining Stages. (9 Dec 2003)

Brian Hayes: Senator, you should listen to what people in Northern Ireland tell you. Perhaps if you did not go down Garvaghy Road as often you might have an opportunity to listen to the 1.5 million people who regard themselves as being British.

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