Michael McDowell (Dublin South East, Progressive Democrats)

That matter can be addressed and I will consider it at a later stage. The Bill, as drafted, encapsulates the notion of human rights. Each member of the Garda Síochána will be required to make before a peace commissioner a declaration under section 15, which includes the paragraph: "I will faithfully discharge the duties of a member of the Garda Síochána with fairness, integrity, regard for human rights, diligence and impartiality, upholding the Constitution and the laws and according equal respect to all people..."

The issue of human rights, therefore, features in the area of conduct and in the solemn declaration, which is effectively the oath of office. A third area is the requirement under section 7(4) that the Garda Síochána, as an organisation, performs its functions having regard to the importance of upholding human rights. To go further, as the amendment suggests, and provide that it is a function of the Garda Síochána to enforce or protect human rights places members of the Garda in the position that part of their function would be to stop all torts and embark on a broad mission equivalent to that of the Human Rights Commission. That may be a subtle point but I believe the functions of the Garda are properly stated as policing functions in general terms.

The value of human rights is incorporated in sections 7(4), 15 and 16. It is better to do this than to make the pretence that it is one of the functions of the Garda Síochána to protect the broad panoply of human rights. Non-criminal, non-policing matters comprehended in human rights are outside the province of a police force.