Seanad debates

Tuesday, 2 March 2004

Garda Síochána Bill 2004: Second Stage.

 

3:00 pm

Sheila Terry (Fine Gael)

It is hardly good legislative practice to leave a statute of this importance on the Statute Book for 80 years without a fundamental review. I am glad the Minister has fulfilled his commitment to review the structure of the Garda Síochána and that this has resulted in the Bill, which I look forward to debating.

I wish to refer to a number of sections with which I have concerns. Section 14 deals with the Garda volunteer force. The section enables the Minister to appoint volunteer members to the force. This amounts to a tacit acknowledgement of the Minister's failure to secure Cabinet approval for the recruitment of 2,000 extra gardaí. Is this provision his attempt to address this failure? Volunteer members will have to be trained. I would rather that the Minister would train an additional 2,000 gardaí instead of dealing with the problem in this way.

I am concerned that section 14 states volunteer members will have exactly the same powers as permanent members of the force. This has not been properly thought through. I am strongly of the view that volunteer members can only have the same powers as permanent members if they receive the same training and only then would I be satisfied with section 14(3) of the Bill. The term "volunteer" seems to suggest that these people will give their services free of charge. Is that the Minister's thinking or will volunteers be paid?

Sections 19 to 22, inclusive, deal with additional powers of the Minister. I am concerned with a number of sections of the Bill which, effectively, turn the Minister into the chief of police. As present, the Minister and the Garda Commissioner liaise and consult with each other on an informal basis. The Minister has no statutory role or influence over the operation or focus of day-to-day Garda activities. The Bill seems to radically change that by giving the Minister a substantive role in directing the Garda. All substantive aspects of policing matters must first be approved by the Minister. For example, section 19 states that the Minister may set Garda priorities, section 20 states that the Garda strategy statement must be submitted to the Minister for his approval and section 21 states that the annual policing plan must be submitted to the Minister for approval. Most significantly, under section 22 the Minister can issue directives to the Garda. I am concerned that this provision has the potential to politicise the Garda's activities. Are they to become pawns to be relocated, re-focused and redirected at the whim of a political master? The Minister should detail the types of measures he envisages introducing under section 22 and the issues that will be covered by directives.

The Minister's response to concerns about political interference is that the process is transparent but I am not satisfied that transparency alleviates all concerns. The Bill politicises the Garda when now, more than ever, we need an independent police force at arm's length from any potential political interference. Will the Minister's desire to control the Garda be matched by a willingness to answer parliamentary questions about the force if this Bill is enacted?

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