Willie O'Dea (Limerick East, Fianna Fail)

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 not arise under the terms of the Bill, which is especially evident if one reads the Long Title to the Bill:

Bill entitled an Act to make provision, in accordance with the Agreement between the Government of Ireland and the Government of the United Kingdom of Great Britain and Northern Ireland on Police Co-operation, done at Belfast on 29 April 2002, in relation to the appointment and secondment of members of the Police Service of Northern Ireland to such ranks in the Garda Síochána as may be prescribed, the secondment of members of the Garda Síochána to that Service and other connected matters.

There is nothing there about an ombudsman. The issue does arise in relation to disciplinary measures that would have to be taken in the case of certain conduct when people are serving in one police force or the other.

Senator Jim Walsh's point that superintendent is the lowest rank at which people can apply for transfers relates, of course, to the lateral transfer provisions of the legislation. My understanding is that the agreement on which the legislation is based provided for that. That was the rank agreed. It is always up to the Governments on both sides of the Border to change this in the future if there is a new agreement.

I made the point yesterday on Second Stage that the Government was going ahead with legislation to introduce a Garda inspectorate which would be something equivalent to the ombudsman in Northern Ireland, although not exactly the same. I do not think the people appointed to deal with discipline in a police force are exactly the same in any two jurisdictions. We are calling it an inspectorate because the Minister is attracted by the idea of having three members. Usually, when only one person is in charge, it is called an ombudsman. We are not hung up too much on the name but it is more appropriate to call it an inspectorate. It will have fairly wide powers of investigation and replace the Garda Síochána Complaints Board. It will also have a more general focus.

I do not agree with Senator Tuffy that its establishment is several years down the road. If that was the case, there would be an unanswerable argument to reject the amendment which, unfortunately, she was not able to propose because it would mean that this legislation, which is urgent, would be delayed for several years. It is the Government's intention to proceed as quickly as possible. It is my intention and that of the Minister to have the legislation for a Garda inspectorate in place before the end of this year.