Seanad debates

Tuesday, 20 May 2003

Criminal Justice (Joint Investigation Teams) Bill 2003: Committee Stage.

 

2:30 pm

Photo of Willie O'DeaWillie O'Dea (Limerick East, Fianna Fail)

The deployment of gardaí and the assigning of tasks to them are matters for the Garda Commissioner. As the Senator rightly points out, while we are in about third place in Europe in the ratio of gardaí to the population, there is a perception that there is a scarcity of officers. The Government believes we can use more gardaí. I take the Senator's point in that regard. Gardaí constitute a scarce resource which the Commissioner must deploy to maximum effect. I am certain that any reasonable and responsible Commissioner would not allow joint investigations to drag on for longer than was necessary. As with certain local investigations, it becomes evident if a joint investigation is failing despite the expenditure of time, effort and resources. In the circumstances, I am sure the Commissioner will terminate an investigation having decided that he has better uses for the persons involved.

Provision is made in the legislation which allows the Garda Commissioner to terminate an investigation if it finishes before the period for which it is agreed elapses. The Senator will be aware that we are creating a statutory framework for an arrangement which is in place informally. Joint investigations, as the Senator pointed out on Second Stage, are already a reality. Some of the most successful efforts have lasted for up to two years. When people sit down to draw up the agreement for a joint investigation, they will not provide for a two year duration but as evidence is uncovered, there must be an element of flexibility. The Commissioner will be advised by his staff and act responsibly in that regard.

I point to the model joint investigation team agreement adopted by the European Council which does not mention limiting the duration of an investigation. If one looks through the agreement from start to finish, one will discover that flexibility is its hallmark. It is important not to write in restrictions. We can rely on the Commissioner to act responsibly as the competent authority who will superintend the joint investigations which take place. He will not waste scarce resources.

Amendment, by leave, withdrawn.

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