Tony Kett (Fianna Fail)

It is meant as a compliment. As the Minister is working so hard, he is making Senators work equally hard.

The purpose of this Bill is to reform the law relating to the administration and management of the Garda Síochána. The Garda Síochána ombudsman commission will replace the Garda Complaints Board. The Garda Síochána in its 1999 annual report admitted that the force was not in a position to carry out its functions as it would have liked, which I thinks stems from the fact the Garda felt neither independent nor effective. The overall objective of the Bill is to reform and modernise the law underpinning the Garda Síochána and to protect and enhance the reputation of the force, by having a complaints procedure which will enjoy public confidence. Senator Terry chastised me for not being around 80 years ago to amend it on an ongoing basis. Nonetheless, I am of the opinion that the 1924 and 1925 Acts have been amended almost beyond recognition. The legislation has provided a solid basis for the development of the Garda Síochána during that period. In spite of the recent adverse publicity, the Garda Síochána is well respected by society. As in all things, change is necessary and the Garda Síochána has to change in line with a modern society. The Bill will enhance the professionalism of the force and make it better able to respond to the many challenges it will meet.

The Minister said the Bill is the first major reforming legislation of the Garda Síochána since the foundation of the State. The Bill will create a better relationship between the Garda Síochána, the Minister for Justice, Equality and Law Reform and the public because there is a strengthening of police accountability. From talking to people, it would appear there is an element of mistrust of the even-handedness of the force. A programme on RTE highlighted, perhaps unfairly, the treatment of individuals while in custody, and raised questions as to the validity of the arrests. In a force of 11,000 or more, it is always possible that somebody steps out of line, painting an unfortunate picture of the overall group. It is fair to say that in the local pub one may hear a comment that the Garda will pull the individual without a light on his bike before pulling a criminal, or when a pub has been raided, one may hear someone who feels hard done by saying the Garda would not be there half as fast if there were a row. That perception may not be widespread, but it is still out there and is borne out by recent statistics. It reminds me of a joke I was told by a man who was trying to emphasise his antipathy towards the Garda Síochána. An old lady down the country rang the gardaí to say someone was trying to break into her house and was told the gardaí would be there as soon as possible. She rang back a half an hour later asking where they were and saying the man was through the first door and was making his way through the second door. Again she was told the gardaí would be there as fast as they could. Eventually she rang them again an hour later and said she had shot the fellow who was breaking into her house, and there were five squad cars there in five minutes. I am not suggesting for a moment that people who are caught with no light on their bikes, or whatever the case may be, should not face the rigours of the law because they are a danger to themselves if not to others.

Everybody has been stopped by a Garda at different times, but in some cases one might think that the garda was a "right B" or in another instance was a nice guy, even though he may have issued a summons. Obviously gardaí receive training in dealing with the public, but some seem to develop greater skill in this area than others. Those who do not develop this skill draw criticism on the Garda Síochána. Apart from the fact that the Garda carry out a very important function effectively, uniformed gardaí on duty on the streets are also performing a public relations exercise. We know how easy it is to be branded with a negative image and how difficult it is to remove it. It is particularly difficult for the Garda Síochana because the force relies on public assistance to carry out its work. I have no doubt this will make everybody operate more effectively.

Great care must be taken to ensure there are no unintended negative consequences as a result of what the Minister is attempting to do. The Minister stated previously that there needs to be a trade off between the operation and independence of the force and public accountability and between public accountability and effectiveness. The Minister is right on the button in that. If the Garda Síochána is to perform with one hand tied behind its back or looking over its shoulder in case a person is offended, everything the Minister is trying to do will be lost as a consequence. Balance must be brought to bear on the matter as a whole.

If the Garda has to work under the scrutiny of the microscope, it may be off-putting for those wishing to join the force. People have different reasons for joining the Garda, some join because it is a job and others may have a commitment to serve, but it is important that joining the Garda Síochána should not be made a less attractive proposal. While the Bill seeks to improve public confidence in policing, it must also allow the Garda to do an effective job. The Minister has done a good job. Previous experience has shown that where there is mutual respect, there is an effective outcome as borne out by the relationship of the Minister with the Garda Commissioner.

Section 14 establishes a basis in law for the resources of the Garda Síochána to be supplemented by volunteers. I know this provision is being inserted in case it may be needed at a later stage. I understand the volunteer members will have the same rights and privileges as the Garda, but they probably will have less training. Is it workable that a Garda and a volunteer have the same powers? I wonder how the two will marry although I am sure the Minister is satisfied on this point.

Section 31 provides for the establishment and maintenance by a local authority and the Garda Síochána of a joint policing committee. Will that interfere with the present situation? In recent years, we have seen great developments in co-operation among residents' associations, Garda liaison officers and public representatives to direct communities in an improved manner to fight crime. Does the Bill provide another tier above that or will the Garda liaison officer disappear? As someone who has served in Dublin North Central where there are quite a few drug related incidents, I have found that contact among local residents' associations, Garda liaison officers and public representatives has been of tremendous benefit. If it is lost, I will be disappointed.

I wish the Minister the very best with this Bill. It represents a significant effort on his part to move forward.