Michael McCarthy (Labour)

Can I make an observation about section 53, which relates to the preliminary filtering of complaints? The section states: "If the preliminary proceedings committee is of the opinion that there is not sufficient cause to warrant further action being taken in relation to a complaint, it shall inform the Council of that opinion." However, it does not refer to malicious complaints.

We are all aware that malicious complaints can be made, for example, against members of the Garda Síochána. If I go into any Garda station to make an allegation against a garda, he or she may be suspended almost immediately while the complaint is investigated. There is no system of insulating gardaí against complaints, even though it is possible that the complaints might be malicious and baseless. Gardaí do not receive any protection when a person, of his or her own volition, makes a malicious complaint against them. We need to consider including strong references and explicit detail in this legislation to deal with malicious complaints. Such a provision needs to be included in the Bill.