Seanad debates

Tuesday, 7 December 2004

Garda Síochána Bill 2004: Committee Stage.

 

3:00 pm

Photo of Brian HayesBrian Hayes (Fine Gael)

The Minister's point is valid. If individual members of the force are individually liable and culpable for their actions, very few would want to join because of actions which could be taken against them. However, Senator Tuffy alluded to an important point, whereby liability is required if somebody makes a claim as a result of misbehaviour or inappropriate action by the force. The State has responsibility to discharge liability if an action is taken. Currently, there are cases where the State does not meet people half way, if at all. I am thinking of, for example, a raid on a house based on faulty information during which a person's front door is kicked in and a follow-up cost is transferred to the landlord or owner of the property. It is difficult, in such circumstances, for the person to obtain the type of financial recourse to which he or she is entitled. I am not suggesting individual members of the force should be liable; no one would be willing to join it if that were the case. The only remedy available to the many injured parties is to go to the courts, an option they would not take if there was a better mechanism through which they could gain payment for damage to their house or other property.

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