Kate Walsh (Progressive Democrats)

I welcome the opportunity to debate this very important Bill. I congratulate the Minister for Justice, Equality and Law Reform, Deputy McDowell, on introducing this most significant legislation. The Bill is important for many reasons. It is the first real attempt to reform management of the Garda Síochána since the force was founded over 80 years ago. Second, it acknowledges that there has been a decline in trust in the force recently. It seeks to restore that trust, principally through the establishment of the ombudsman. A healthy democracy based on principles of civil obedience and law and order requires a properly functioning police force commanding the trust, respect and support of the people.

The purpose of the Garda ombudsman commission is to ensure openness, transparency and accountability in the process by which complaints against the gardaí are investigated. That is both a welcome and timely move. There has been a great deal of publicity lately, much of it negative, about the way in which complaints against gardaí are currently dealt with. There is a perception that many complaints are not investigated properly and breaches of discipline are not adequately addressed. That has contributed to a breakdown in trust between the gardaí and the public, and that must be restored.

The establishment of the ombudsman will fully repair that trust and restore public confidence in the force. The Bill proposes the establishment of a fully independent Garda ombudsman commission, which will be a three-person body. To maintain full independence for the gardaí, none of the body's members will be serving or former gardaí. That is fundamental, as criticism of the complaints procedure in the past has centred on the inadequacies of guards investigating guards. The new commission will deal with complaints against gardaí.

In general, the commission may decide whether its own investigators will investigate specific complaints or ask the gardaí to investigate, but any complaints involving death or serious physical injury must be investigated by the commission and its own investigators. It is envisaged that the commission will have a total staff of approximately 80 people, of whom ten to 20 will be investigators, and an annual budget of €7 million. The commission will also examine Garda practice and procedures. Within two years of its establishment, the commission will report to the Oireachtas on its effectiveness and the adequacy of its functions. I welcome the establishment of the commission, which will do a great deal for the morale of the force and trust among the public.

I also welcome the change to the declaration for persons joining the Garda Síochána to include the need to have regard for human rights in carrying out policing duties. That is a significant change which recognises the complex and difficult tasks that gardaí must perform daily. It recognises that being a member of the Garda Síochána is not purely a matter of enforcing the law. It is also about dealing with people, often in the most difficult and emotionally charged circumstances. Being a good garda is as much about being a good human being as about being an officer of the law. Ultimately, they are our guardians of the peace.

I respect and admire all members of the Garda Síochána. Too often we hear about negative matters such as breaches of discipline, and too little about their bravery, dedication and commitment. Only two weeks ago, two young men based in Harcourt Street rescued a drowning man in the Liffey at approximately 4.30 a.m. in freezing temperatures. The two gardaí risked their lives to dive in and rescue a fellow human being. The bravery of those two gardaí is indicative of the high standards, patriotism and selflessness that characterise all that is best in the force. It reminds us yet again that as a community we are served by policemen and women of whom we are justifiably proud. We are indebted to those young men and women of the Garda Síochána for their service to the State and communities every day.

Theirs is a difficult task and a challenging vocation. It is often their role to perform the hardest tasks, for which their detractors and critics might be slow to volunteer — to face unarmed those who are armed and dangerous; to comfort and assist men, women and children in their darkest hours and worst extremities of misfortune; to risk their lives to protect those of others; and to uphold the law and the Constitution in the face of a cowardly and cynical challenge. The force has its critics, and it must take its fair share of criticism from time to time because of its failures. However, when we have to form judgments of the force and its members, we would do well to remember the simple, spontaneous acts of bravery and the good character shown.

I welcome this Bill because it embodies a principle I hold dear, community involvement and the necessity for all of us to play a role in the proper functioning of society. The Bill provides for the establishment of joint policing committees. Local elected representatives will be allowed to make recommendations about local police matters and local gardaí will be allowed to make recommendations to local authorities regarding steps they can take to reduce crime. The Bill gives a formal basis to the partnership between the community and gardaí, a partnership already enjoyed by many communities.

Tackling crime at local level is a two-way street. Councillors and local community representatives cannot fairly blame local gardaí if they have failed to play their part. They cannot criticise local gardaí for an increased incidence of joyriding incidents if they have failed to play their part through introducing traffic calming measures, dealing with licensing etc. Neither can they criticise a rise in mugging incidents if proper street lighting has not been installed.

The Minister for Justice, Equality and Law Reform, Deputy McDowell, understands the valuable role local authorities can play in local policing. I thank him for recognising that role on a formal basis in this Bill and for this far-reaching important legislation. When passed, the Bill will ensure the Garda Síochána is a truly modern force for this century, efficiently run and organised and with the full confidence of the community it serves. I compliment the Minister's energy, drive and commitment to his role and commend his Bill to the House.