Brendan Kenneally (Fianna Fail)

No one in the Oireachtas will not welcome the introduction of this Bill, which is long overdue, and I congratulate the Minister on taking the initiative and for being so positive in his approach to what will be seen for decades as a very important piece of legislation.

Society in Ireland has changed immeasurably over the past decade or two and many of the cornerstones on which our society has rested and people in many of those institutions in which we placed so much trust have proved unworthy of such unquestioning loyalty. We have seen members of the clergy go dreadfully wrong. Members of the legal profession have betrayed the trust placed in them and the Oireachtas has had more than its share of Members who proved to be unsuitable for and unworthy of the high office with which they were entrusted. The Garda has not been immune to this malaise either, with some high profile and well-documented errors on the part of some of its members.

I do not want this debate, either in this House, the media or on the street, to turn into a Garda-bashing exercise. We all know where that small number of gardaí went wrong. We all deplore their lack of discipline and their absence of acceptable standards. We are here today to see if we can eliminate such behaviour and deal with it in the best way possible. We are here also to help restore the faith of the people in the Garda element of our justice system, an area at least as important as any other section.

Gardaí are at the front line, meeting the victims of crime at first hand, maintaining law and order on the streets and taking abuse and criticism, often for events and situations outside their control. Theirs is often an unenviable task, but nevertheless a most important, onerous and responsible one in which I wholeheartedly support them. However, we must tackle those areas which have merited criticism in the recent past.

One of the most common complaints about the Garda is that it does not always respond to complaints. I know there are often genuine reasons that gardaí may not be particularly enthusiastic about chasing a known young gurrier for what eventually will be his or her 30th or 40th charge at a forthcoming court appearance, only to be back on the street almost before the gardaí themselves. That may be the case, but the public has a right to feel that the Garda cares. I had the unfortunate experience of having my Dublin apartment broken into and I phoned the Garda. I was told that someone would respond after the change of shift in 20 minutes, but that was more than a week ago and I have yet to hear from that station.

I know from speaking to various people over the years that the detection of a crime and the recovery of property is something of a lottery. There have been some fine successes almost immediately but also a high percentage of inconclusive investigations. Public confidence has been eroded and we must play our part in restoring it. As a result of my own experience, I now know how people who have not been responded to feel and it is up to us, perhaps through this Bill, to ensure that we have a better police force with adequate numbers and financial resources.

The most important element of this Bill is the setting up of the Garda Síochána ombudsman commission, made even more of a priority by some high-profile cases involving gardaí in recent years. Almost everyone is agreed that this is long overdue and a vital necessity. It is not opposed by the Garda, which knows it depends on public confidence and that there is a certain catching up to do in this regard. Now that the subject is being dealt with, we must do what is necessary, right and sensible. In that regard, the Minister has struck a reasonable balance. It is absolutely necessary, both from a practical point of view and for the benefit of public confidence in the system, that there is an independent investigative staff for the commission and this has been provided.

One area about which I have great reservations is the requirement to give notice of searches of Garda stations. That would negate any benefit that would be involved because the element of surprise would be lost. Gardaí themselves would see the uselessness of this in their own experience and, as it will be seen to be central to the whole system, it must be changed. The average garda, dedicated to his or her duties and acting within the given guidelines will not see any threat in it. If it helps to root out the wrongdoers and help present the force, which has a very proud and laudable record, in its best light, then it is a good thing.

Section 14 of the Bill gives the Garda Commissioner power to recruit voluntary members who would have the same power and duties of regular gardaí. The Bill does not spell out precisely how these volunteers will be trained, but it will be the subject of regulations and guidelines later. However, the Minister might give some indication at this stage just how, where and for how long these people will be trained. If they are to do the same job as gardaí, if only for shorter and intermittent periods, they will need a full and comprehensive course of training. Will this be in Templemore, regional centres or in more local areas? Will these volunteers be part-time contributors to the force? Will they be allowed to have other employment? Will there be a prohibition on the type of work they can do? All these matters need to be spelt out and the Minister might take some time at this stage to clarify them for us.

Powers of arrest and detention, public order duties and stopping and searching in the street are all serious matters and must be treated as such regardless of who is exercising the power. The policing of streets late at night is one of the biggest drains on resources, not least because it comes at a most unsociable hour for those people who are not out on the town drinking liberally in late night licensed premises.

I assume these volunteer officers will be accompanied by regular members of the Garda and used as an "aid to the civil power", although with the same powers and duties as the Garda, they should be capable of standing alone. Perhaps the Minister might also indicate if the new recruits will wear the same Garda uniforms or if they will have their own. Will the use of a different uniform, perhaps of a different colour, be perceived as a lesser badge of office and so diminish the new force in the eyes of the public?

Either way, I am delighted that there will be more gardaí on the streets as the profile of the force has to be raised and the people must have a perception that a uniform is never far away, either as a deterrent to crime or as something which will boost their confidence in being able to walk the streets in safety. The new officers should have a very important role in community policing, the area which is traditionally raided first when members are needed for some other duty. It would be a pity if we did not avail of this extension of the Garda to boost the confidence of the public and make closer contact with them on the streets. I regret spending so much of my time on this subject but this is one of the most significant changes to the force since its foundation and one which will have a major impact on the population at large.

Section 18 deals with the appointment of civilian staff who will be employed in the role of civil servants. I assume these people will be in Garda stations employed on necessary administrative work, which will not require full Garda training. For decades we have said it is a major waste of resources to have highly trained gardaí doing duties which are appropriate to other staff. Gardaí will deliver better results for the investment which has been made in them when they are among the people or doing specific police work. It is better for them to be pounding the beat than pounding the keyboard of a computer and I suspect the average garda would agree.

Chapter 4 of the Bill refers to local policing committees. I admit to having reservations about this concept at first glance but the more I thought about it, the more I felt that it has a great deal of merit. These local committees will have among their membership local politicians who know precisely what is happening on the ground and who see life in all its forms through their regular clinics. They will have an understanding of the problems for the population and the gardaí. Given their experience, they will have a good idea how to solve these problems. Most people will have little difficulty approaching an elected representative and discussing their problems with them, but they may be more reluctant to confide in the gardaí. This is a natural reaction to any police force, and no reflection on the gardaí, the vast majority of whom are quite approachable and enjoy the confidence of the public.

Most politicians will not look forward to a role in an area which will probably be contentious on occasions. If we are serious about our role as elected representatives, there is no more important area for people to be represented than at all stages of policing. I commend the Bill to the House.