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

Tim O'Malley: The Minister is opposed to amendments Nos. 117 and 118. The intention behind them is to extend the current provisions to provide for the ombudsman commission to investigate on its own initiative any matter regarding the activities of the Garda Síochána, particularly policing practices. This is unnecessary because adequate provision is made in section 98 for the commission to examine certain...

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

Tim O'Malley: The Minister is not prepared to accept this amendment. The purpose of section 100 is to ensure that appropriate administrative arrangements are agreed between the Garda Commissioner and the Garda Síochána ombudsman commission on certain important operational activities. The aim is to ensure that the resources of both organisations are used efficiently and effectively and that opportunities...

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

Tim O'Malley: That is a good suggestion and we can look at it.

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

Tim O'Malley: This is the usual type of provision which provides for the making of a ministerial order appointing a day for the establishment of this part of the Bill. Such an order must be laid before both Houses of the Oireachtas. It might be useful if I set out the background to provisions in Government amendments Nos. 120 to 127, inclusive. The Minister proposes to establish a new Garda Síochána...

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

Tim O'Malley: This is the usual type of provision providing for the establishment of the Garda Síochána inspectorate.

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

Tim O'Malley: Subsections (1), (2) and (3) provide for a three-person body to be appointed by the Government with the appropriate gender clause and the appointment of one of those persons as chief inspector. Subsection (4) sets out the selection criteria for members of the inspectorate. It covers the appointment of a senior police officer, serving or retired, from outside the State, the intention being...

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

Tim O'Malley: I thank Senator Maurice Hayes for his comments. I will deal with the issue of publication later.

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

Tim O'Malley: In order to give the Government maximum flexibility subsection (1) does not specify any definitive period of appointment for any of the inspectors. It seems likely that different aspects of the work of the Garda Síochána will be examined from time to time. Some areas will be more complex than others and the time involved to complete inspections will be less in some cases than others. The...

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

Tim O'Malley: The amendment places an unnecessary restriction on the flexibility I wish to leave available to the Government in this important area. Subsection (1) of the new section 108 to be inserted following acceptance of amendment No. 123, does not specify any definite period of appointment for any inspector so as to give the Government maximum flexibility in this regard. Different aspects of the work...

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

Tim O'Malley: I thank the Senators for their remarks. It would not be normal for a person to be appointed more than once.

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

Tim O'Malley: I move amendment No. 124: In page 67, before section 105, to insert the following new section: 109.—(1) The objective of the Garda Síochána Inspectorate is to ensure that the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best...

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

Tim O'Malley: I am opposed to the first two amendments to the amendment as they are inconsistent with the reason for establishing the inspectorate which has its origins in the first report to the tribunal established under the chairmanship of Mr. Justice Morris to inquire into allegations of Garda corruption in County Donegal. I have brought forward the proposal in light of recommendations of the tribunal...

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

Tim O'Malley: Subsection 1 is designed to place a duty on the Commissioner to co-operate and supply information to the inspectorate when it is exercising its functions. Subsection (2) provides that the inspectorate shall not be prohibited from receiving or disclosing relevant factual information. Subsection (3) prohibits the inspector, staff of the inspectorate or its agents from disclosing information...

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

Tim O'Malley: These are standard provisions relating to the provision of resources by the Minister to facilitate the proper functioning of the inspectorate. It is too early to say what the staffing complement or budget of the inspectorate might be. The precise staffing requirements in the budget will be the subject of discussions with the Department of Finance when the inspectorate is being established. It...

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

Tim O'Malley: I assure the Senator that is the intention.

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

Tim O'Malley: The inspectorate will be amenable to testify before an Oireachtas committee. Accordingly, subsection (1) provides for the appearance of the chief inspector before such a committee. However, it is not a general provision in the sense that it is limited to a matter that is covered in a report laid before the Houses of the Oireachtas in accordance with the provisions of section 109(2)(b)....

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

Tim O'Malley: This amendment will allow for changes to be made in the arrangements for the establishment of Garda promotion boards. It achieves this by allowing the Minister, after consultation with the Garda Commissioner and with the approval of the Government, to make appropriate provision by means of regulations under section 106.

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

Tim O'Malley: The opposite is the case. The intent of this amendment is to ensure greater transparency in Garda promotions. Before changes can be made, the Garda Commissioner must be consulted. The section also covers promotions outside the force. It is to ensure greater transparency in this regard.

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

Tim O'Malley: I appreciate the concerns of Senators. Garda promotions are covered by regulations. The new provision will be the same. The new rules have more to do with the new system of promotion in order to have input into the system by outside professionals. At the moment the system is mainly an internal Garda one. The Minister wishes to introduce greater transparency into the process. That is the...

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

Tim O'Malley: I will bring the concerns of Senators to the Minister's attention.

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