Results 1-20 of 12,336 for speaker:Willie O'Dea

Seanad: Recognition of Domestic Partnerships: Motion. (16 Oct 2002)

Willie O'Dea: I thank Senators Norris, O'Toole, Henry and Ross for taking the initiative in tabling their motion because it gives the House an opportunity to debate this important issue. As we know, the family based on marriage was overwhelmingly the norm in Irish society for many generations. However, this has been greatly affected by changing social trends in recent years. Specifically, we have seen a...

Seanad: Data Protection (Amendment) Bill 2002 [ Seanad Bill amended by the Dáil ] : Report and Final Stages. (3 Apr 2003)

Willie O'Dea: The Bill passed all Stages in the Seanad on 24 April 2002. It subsequently lapsed on the dissolution of the 28th Dáil but was restored to the Order Paper on 18 June 2002. It now returns to this House for Report Stage having been amended in the Dáil. I propose to outline briefly the aim and content of the changes made, some of which take account of concerns raised in this House. For ease of...

Seanad: Data Protection (Amendment) Bill 2002 [ Seanad Bill amended by the Dáil ] : Report and Final Stages. (3 Apr 2003)

Willie O'Dea: I thank Senators for their contributions both today and in our earlier discussions. Senator Brian Hayes raised a number of points, first regarding the fact that the directive dates from 1998, and that only now in 2003 are we implementing the legislation. I agree with his point and plead in defence that a general election occurred in between. That accounts for some of the delay but does not...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Second Stage. (8 Apr 2003)

Willie O'Dea: I thank all Senators who have contributed to the debate on this very important legislation and thank them in particular for the welcome they have afforded the Bill and for their very constructive comments. I recognise the special position of Senator Maurice Hayes and express my appreciation of his work as a member of the Patten commission. With no disrespect to other speakers, I listened very...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I am sorry that the Senator's amendment was ruled out of order. It was not my decision but was a ruling by the Clerk. I understand the ruling is based on article 88 of Standing Orders, the relevant part of which states, "No amendment shall be proposed which is in conflict with the principle of the Bill, as read a second time." The view taken, apparently, is that the amendment proposed does...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: There is nothing wrong with the amendment but the reason I will not insert it in the Bill is that, strictly speaking, it is not necessary. It is clear from the provisions of section 3(1) that a member of the Police Service of Northern Ireland seconded to the Garda Síochána and appointed in accordance with this section is appointed to a rank in the Garda Síochána. I will read the full text...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Perhaps the Senator has a point but, strictly speaking, it may not be necessary to make it clearer as we are making it clear that the person appointed shall be under the full direction and control of the Commissioner because up to the point of secondment, they will have been under the control and direction of the Chief Constable. It was considered necessary by the parliamentary counsel to...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: What the Senator seeks is not unreasonable. However, it is not regarded as a matter for primary legislation, in the context of appointment to a rank in the Garda Síochana under this section, to provide for the composition of the selection board or interview panel. That is a matter which can be provided for, as appropriate, by regulation. The amendment, as proposed, is to include a new...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Section 3(2) provides specifically that the ranks in the Garda Síochána to which members coming from the North may be appointed under this section, and the number of such members to be appointed, may be proscribed. In other words, it will be dealt with in regulations which obviously will be drafted in the light of discussion between the police services on both sides of the Border and...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Section 10 of the 1924 Act states members of the Garda Síochana are not to resign without permission while section 11 deals with the duty of members of the Garda Síochana on resignation or dismissal. Section 14 of the Police Forces Amalgamation Act 1925 states: The Minister may from time to time subject to the approval of the Executive Council, make regulations in relation to all or any of...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: The question of representation will be dealt with in the regulations. The Garda associations are in discussion with the Minister and the regulations will be framed in light of those discussions. What was the Senator's other point?

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Apparently not. This wording comes from the existing Garda disciplinary regulations, which do not provide for a suspension. I have to admit that I am not absolutely clear about the reasons for this. There are no plans to proceed in that direction.

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I agree with the Senator, essentially. One will be dealt with where one operates, but the final sanction is a matter for one's Chief Constable or Garda Commissioner. I take the Senator's point and I am sure the regulations will be framed with such thoughts in mind. Question put and agreed to. SECTION 6. Government amendment No. 5: In page 7 between lines 43 and 44 to insert the following new...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I hope that the purpose of this provision is quite simple. If, for whatever reason, the secondment of a PSNI officer to the Garda Síochána either expires or is terminated, this provision allows for the disciplinary regulations and the provisions of the Garda Síochána (Complaints) Act 1986, as described in section 6(2), to continue to apply. This allows for the continuation of a...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: It means that a person can escape in such a manner, as far as I understand it. The worst sanction that can be taken against a person is that they can be dismissed from the force. If they have left the force, not only is the option of dismissal not available, but also other options, such as demotion, cannot be pursued. People who retire, with the collusion of management in many cases as...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: There is no appropriate punishment for somebody who has gone.

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: We will bear that proposal in mind. In relation to the point made by Senator Tuffy, the position is that the Garda Síochána are doing the investigation here and they are the people who ultimately make the finding. The question of the imposition of sanctions is for the Chief Constable to decide. It is important that the Garda is allowed to continue with the investigation up to the point...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: Senators Maurice Hayes and Jim Walsh are correct. The agreement is already in place and we do not have the power to amend it. As I understand, there are three situations which are dealt with in the agreement. The first is lateral transfer. Those of superintendent rank can apply for a position in this country and vice versa. Second, people of ranks from inspector downwards can apply for...

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: I will suggest to the Minister that the measure should be reviewed after a couple of years. Amendment, by leave, withdrawn. Question proposed: "That the Schedule be the Schedule to the Bill".

Seanad: Garda Síochána (Police Co-Operation) Bill 2003: Committee and Remaining Stages. (9 Apr 2003)

Willie O'Dea: The part of the agreement relating to two police forces is based on Recommendation 128 of the Patten Commission which states: Lateral entry of experienced officers from other police forces or services, and secondments or recruitments from non-police organisations should be actively encouraged. It goes on to say: The Patten report recommended that the community balance at more senior ranks in...