Joanna Tuffy (Labour)

That is welcome. The AMAI makes the point that most crime occurs in urban areas and cites the examples of Drogheda and Dundalk as large urban areas which should not be excluded from this process.

Due to the informal involvement of residents' associations, they should have some involvement in the joint policing committees. The Labour Party proposed that special local authority strategic policy committees consisting of local authority members, gardaí and members of the public be established. Alternatively, residents' associations could receive reports of Garda activities or be involved in some other way and, at the very least, speak at meetings of the joint policing committees.

The Labour Party has raised concerns about the legal status of a member of the Garda Síochána. It is my understanding that nothing in the Bill affects the common law powers, immunity privileges and duties of members of the Garda Síochána. What is the status of an individual member of the force in common law? For example, when powers of arrest are conferred on a member of the force are they exercisable at his or her personal discretion as an individual garda or as a member subject to the direction and control of superior officers? If a superior directs a member of the Garda to arrest someone and the member does not personally have grounds for suspecting that the individual is guilty of an offence, is the arrest lawful? This issue has arisen in a case before the Supreme Court. The Minister should take the opportunity this legislation presents to deal with this issue.

Provision should be made for trade union representation for gardaí. I am not prescribing how this should be done; it would have to be in consultation with the Garda associations. Nevertheless, the matter must be addressed.

The Human Rights Commission welcomes the Bill, which puts human rights on a central footing in the legislation covering the Garda Síochána. I agree with this view. The Minister has said it is important to get this legislation right. Important issues remain to be addressed and I hope the Minister will give serious consideration to them on Committee and Report Stages.