Michael McDowell (Dublin South East, Progressive Democrats)

There are matters which are appropriate to lay before the Houses of the Oireachtas and in other areas there are not. For example, it is not customary in respect of every minute detail to do with management of Garda members that everything should be put before the Houses of the Oireachtas. I will cite an example. Section 106(1)(h) deals with matters relating to:

the payment of pensions, allowances and gratuities to members and their spouses, children and dependents, including—

(i) the conditions under which those pensions, allowances and gratuities are payable,

(ii) the rates and scales of payment, and

(iii) the penalties for fraudulent conduct in relation to an application for a pension, allowance or gratuity;

Other areas of regulation include paragraph (p), which states: "the limitations, restrictions or conditions applicable to the exercise of the Garda Commissioner's powers under section 27;" and paragraph (q), which states: "any other matter relating to the organisation, training, carrying out of duties, efficiency, management or administration of the Garda Síochána." These provisions are so broad in their remit that it is considered that they are not all required to be put before the Houses of the Oireachtas for approval in the manner in which the Senator's amendment suggests. However, they are capable of review by the committees of either House or by the Houses themselves. The Joint Committee on Justice, Equality, Defence and Women's Rights, could discuss any regulation it considered inappropriate. I do not wish to make every aspect of the Garda Síochána and its management subject to far-reaching legislative procedures in the manner envisaged in the Senator's amendment.