Joanna Tuffy (Labour)

The point of the section is to require the Garda Síochána to perform particular functions in a particular way. Surely one way of ensuring it follows the provisions is to provide that gardaí could incur liability. I wonder if the Minister is taking away the force of the section in removing such liability.

Senator Maurice Hayes mentioned that people have recourse through the complaints procedure. A provision which would allow people to go to court if all other options did not work out would provide a confidence in the system which a complaints structure alone would not provide. Most people will try the complaints structure first for many reasons such as cost and risk. People will have confidence in an overall system which also allows them to take the matter to court.