Michael McDowell (Dublin South East, Progressive Democrats)

The amendments were obviously inspired to some extent by the observations of the Human Rights Commission. The real question, a fairly narrow one, is whether protection of human rights should be one of the statutory functions of the Garda Síochána. To make it such a function would require one to define the human rights one is talking about. One cannot, for example, require the Garda to protect human rights normally protected by civil law, which is also a function of the Garda Síochána. One cannot say that it is the function of the Garda to prevent people from slandering or defaming each other or carrying out myriad acts which would be unlawful in civil law but are none of the Garda's function in criminal law. By the same token and to take the example of defamation, the good name of a citizen must be protected under the terms of our Constitution and the European Convention on Human Rights. In carrying out their function, gardaí must be mindful of the good name of a person with whom they are or could be dealing. The scheme of the Bill, as currently drafted, considers it a value to be integrated into their behaviour. They must take on board the human rights dimension of dealing with the public. That is qualitatively different to stating one of the remits of the force is to ensure people do not defame each other. That would imply the protection of human rights is an independent statutory function of the force.

The Garda Síochána is established under the terms of the Constitution and, as a matter of constitutional law, every organ of the State must uphold constitutional rights. It is implicit in every statute that constitutional values are at the heart of the functioning of every statutory body or creature of the Oireachtas. In addition to the constitutional function and obligations of the Garda Síochána, there is also a statutory obligation. For the purposes of the European Convention on Human Rights Act 2003, the Garda Síochána is an organ of the State. It is bound by the terms of that Act to discharge its functions in accordance with the convention and to interpret and apply all statutory instruments in a manner that is consistent with the convention.

I have great respect for the observations on the Bill by the Human Rights Commission and a number of them have been taken on board. However, it would be a mistake to go further and say a protection of human rights as an independent head of activity is an independent function of the Garda Síochána. It is too wide a function to confer on a police force.