Marc MacSharry (Fianna Fail)

I join with others in welcoming the Minister and thank him for attending today's marathon session. It is much appreciated when one considers his busy schedule.

The Garda Síochána Bill is a long-awaited and timely piece of legislation, which allows, for the first time, full investigations into alleged Garda misbehaviour to be carried out by people other than members of the Garda Síochána. The legislation is vitally important when we consider a recent poll undertaken by The Irish Times, which showed that only 58% of the population have confidence in the force. As legislators, we cannot stand idly by and so I hope the Bill will restore public confidence in our policing system. Given such a low level of public confidence in the Garda Síochána, it is our duty to remedy this unacceptable situation. By introducing this Bill we are starting down the long road towards comprehensively and radically modernising policing. However, we must keep in mind that the low level of confidence in the Garda Síochána and the perceived lack of transparency in the force will not be solved overnight. We must strive to ensure that the aims of the legislation will be met.

The Minister has ensured that the Bill will provide a much greater degree of accountability for the Garda Síochána through the establishment of a new complaints procedure by the ombudsman commission. The powers which are to be bestowed on the commission are considerably more than those which were contained in the heads of the Garda Síochána Bill published last July. This reflects the Government's ongoing commitment to target the unravelling of public confidence in the Garda Síochána.

Transparency in any business is of the utmost importance and we have seen across many different sectors how damaging self-investigation can be. For this reason, I am pleased to see that various measures of accountability are included in the Bill, as was promised by the Minister. These include the establishment of local policing committees as fora for the discussion of policing matters. Although the Garda Síochána will not be formally accountable to such committees, I welcome wholeheartedly this endeavour to bring law enforcement down to the grassroots in an attempt to increase transparency. These local committees will have a role in reviewing patterns of crime, as well as factors underlying and contributing to levels of misconduct. Local representatives will play the greatest part in turning around the public's perception of the Garda Síochána.

Local figures are more approachable than an unidentifiable complaints board and their perspective can be assumed to be more in touch with issues on the ground. For this reason, I call on the Minister to ensure that the provision to include local public representatives on policing committees is maintained in order to make the Garda Síochána fully accountable to all members of society. This will also ensure that the Garda Síochána takes full cognisance of the views of local authority members.

The Bill must provide for increased statutory liaison between county councils and the Garda Síochána. In recent days, I have discussed this legislation with several county councillors who gave me examples as to how more co-operation between these two bodies would make a real difference to their community. A councillor told me of one particular instance in which two 11 year old children tried to set fire to petrol pumps in a local garage in south County Dublin. The children were caught on camera and the councillor in question got their names from the garage owner. The councillor was told by gardaí, however, that there was nothing they could do because the children were juveniles. A council official then went to talk to the children's parents who had not heard a thing about the incident. Increased contacts between councils and the Garda Síochána could make great strides in dealing with such issues. Improved liaison between councils and gardaí could make a tangible difference to crime statistics in local communities across the country. Policing could be brought down to the local level where we could all have a part to play. This system would work well as all involved would have an interest in justice being served for the sake of the neighbourhood.

The Garda Síochána Bill allows for the establishment of a reserve police force, which would be set up using volunteers who have the same powers, duties and privileges as gardaí. In a utopian society, this excellent idea would mean those volunteers would fulfil their civic duty. In practice, however, I am dubious about the expediency of such a measure. Therefore, I respectfully suggest to the Minister that remuneration should be considered for time worked, if this measure is to reach its maximum potential. This would encourage more people to volunteer and would therefore ease the many pressures currently placed on gardaí. As these volunteers would be fully trained in all aspects of law enforcement, it is reasonable to expect that they would receive some monetary reward for their endeavours to apply justice. It is a fact of life that one is less likely to don riot gear and stand outside Lansdowne Road in a difficult situation, if no payment is forthcoming. Such payments would provide an incentive for people to become involved voluntarily in community policing.

The Bill allows for the ombudsman commission to act on its own initiative without any formal complaint being made. This is an important section of the Bill, as possible offences often come to light through sources other than complainants, such as the media. Realistically, we cannot expect that cases will be handed to the investigative body on a plate and for that reason we must be proactive in our approach to rooting out any rot in the force. We must be pragmatic and assume that the commission may have to seek out discrepancies, rather than having them reported to them. The commission will have the facility to refer files directly to the Director of Public Prosecutions, if it feels an offence has been committed.

While some people have claimed that the Garda Síochána Bill leaves the force open to political interference as it is not completely independent of Government, I note that the Garda Síochána is both the national policing and security service of the State. Therefore, contrary to what Senator Ulick Burke has said, it is right that the Minister and the Government should have responsibility for the force, and not an independent police authority.

We all want to improve upon the system that operated under the old Garda Complaints Board, whereby complaints against gardaí were investigated by the Garda Síochána itself. This frequently led to a Garda version of events and another version being put forward, and the perception was that the Garda version was preferred. The ombudsman commission should be responsible for all complaints made against gardaí, including less serious ones, which are currently under the jurisdiction of the Garda Commissioner. If we are serious about increasing transparency we must ensure that all investigations into complaints against the Garda Síochána are not carried out by members of the force, as precedent has taught us that this is not the best route to follow. I ask the Minister to consider transferring all power to investigate complaints against the Garda to the newly established ombudsman.

The legislation will protect the Garda from criticism that it is unable to investigate complaints against itself without prompting accusations of bias and this is a welcome benefit. It is important to bear in mind the Bill is being brought in because our law enforcers need to be protected from allegations that are detrimental to the public's perception of the force. The legislation will enhance the working environment of the Garda, as it will expose the minority of gardaí who hamper internal investigations. Throughout this debate it must be borne in mind that the vast majority of gardaí do an excellent job and they must be commended on the outstanding service they provide to the community.

I have another proposal, which would enhance the legislation and contribute to a more fluid operation of the Garda. Amendments should be made to the existing geographical Garda boundaries, which do not take cognisance of county parameters. By encouraging the redefining of Garda borders, a new level of cohesiveness and interaction could be implemented, which is lacking in the existing arrangement. This would mean a complete overhaul of the geographical structure by which the Garda operates, but this initiative is necessary in the light of the extensive reformation to the force entailed by this legislation.

I fully endorse the Bill and I respectfully ask the Minister to take cognisance of the amendments I have suggested. The Bill gives us an ideal opportunity to reform the elements of the Garda that have come in for recent criticism from numerous quarters. I reaffirm my support for the many members of the Garda who provide us with an excellent service and believe the Bill will improve their working environment.

I congratulate the Minister on his proactive approach on many different issues, not least this legislation, and I look forward to its speedy implementation.