Joanna Tuffy (Labour)

I broadly welcome the Bill. Much of what the Labour Party sought in its 2000 policy document is contained in the legislation, including many necessary reforms. I agree with previous speakers that the legislation is important both for the public and the Garda. My experience of dealing with the Garda has been positive but there have been problems, as evidenced by reports in the media and internal investigations over recent years. However, there is a perception among the public that there is a lack of accountability where the Garda is concerned and people are uneasy about making complaints to the Garda. It is important that such a perception should be addressed and the Bill goes part of the way to doing so.

However, many issues remain to be addressed. I welcome the Minister's approach to the legislation to date. It was published some time ago, submissions were accepted and consultation took place. I welcome that the Minister has taken on board a number of the proposals made during that process and that he will weigh up further the recommendations of the Human Rights Commission. The Labour Party shares many of the commission's concerns. My party believes the legislation misses the opportunity to provide for a new Garda authority.

The Labour Party proposed an authority comprising 15 people selected from different areas of society, including public administration, business, trade unions, voluntary organisations, community groups, the legal profession and seconded representatives of the Garda organisations. The aim of the proposal was to appoint a group of individuals representative of the community as a whole who would be equipped with the expertise both to set policing priorities and to probe and scrutinise different areas of police performance from the management of resources to the safeguarding of human rights. It was further proposed that the Garda Commissioner and a deputy commissioner would be appointed by the Government from a short list drawn up by the authority following a transparent selection process and the functions of the authority would include the drafting of a strategy statement on a four year basis that would set objectives and priorities for the Garda and provide indicators for assessing the effectiveness of the service provided by the force. There would also be budgetary requirements and so on.

The Minister has addressed a number of these proposals through the relationship defined under the legislation between the Minister of the day and the Garda Commissioner. However, it would be much better if a Garda authority were established that could outline a framework, which would be in public ownership, with the Minister having the overall say and so on. I ask the Minister to re-examine this proposal.

The Human Rights Commission has also raised this issue. A number of Members referred to the appointment of senior gardaí. If a Garda authority were in place, it would make such appointments and that would be much more satisfactory. The commission has expressed concern that the Bill increases the level of Executive control exercised by the Minister and gives him or her broad powers relating to the operation of the Garda.

In addition, it mentions the system of political appointments of senior officers within the police service. With the Labour Party, the Human Rights Commission states that "the vesting of oversight and appointment functions in an independent and representative agency, such as the police authority as recommended by the Patten report, could make a valuable contribution to the promotion of human rights within Irish policing". The Minister has said he will look at the recommendations of the Human Rights Commission and that he wants to get the Bill right. He should take this opportunity to do so and make a difference to the accountability of the police service and public confidence therein.

The Labour Party welcomes the establishment of the Garda Síochána ombudsman commission. We welcome its powers and that it will be an independent body. However, we are concerned that the commission will have the power to appoint its own staff, will inherit the staff of the Garda Complaints Board and will have the power to engage the temporary services of serving members of the Garda Síochána. The Labour Party has concerns about how this will affect the independence of the Garda ombudsman and asks the Minister to consider removing this provision from the Bill. We are particularly concerned about the power to appoint gardaí to the commission on a temporary basis.

The Human Rights Commission has raised concerns about the Garda ombudsman. The Human Rights Commission recommends the strengthening of the presumption that all investigations, except the most minor, be conducted by the ombudsman and that there should be an explicit presumption that the ombudsman commission may refer complaints to the Garda Commissioner only in cases where the ombudsman is of the view that the complaint does not appear to relate to the commission of an offence or serious misconduct. I ask the Minister to look at this provision on Committee Stage.

The Bill contains provisions regarding national security. While it is necessary to address national security, the Human Rights Commission believes these provisions are disproportionate to their objective. The commission points out anomalies and proposes an alternative. For example, the Official Secrets Act 1963 binds the investigating staff. The commission also notes that human rights bodies, such as the Council of Europe's Committee for the Prevention of Torture, have unrestricted freedom to enter police stations without prior notification. The Human Rights Commission suggests that measures be put in place to protect national security, such as sealing any material which a senior member of the Garda Síochána——