Michael McDowell (Dublin South East, Progressive Democrats)

Human rights are not confined to civil and political liberties as they are sometimes understood to be. Their definition in the Human Rights Commission Act shows that they extend far beyond that. It is not the function of the Garda Síochána to be an enforcement mechanism for the broad category of human rights. The functions of the Garda Síochána are primarily policing functions. There are many forms of human rights which would, in accordance with the Human Rights Commission legislation, come under the aegis of the Human Rights Commission and these would not be in any sense the province of the Garda Síochána.

I agree with the approach taken by the Parliamentary Counsel, set out in section 7(4), which states: "In performing its functions, the Garda Síochána shall have regard to the importance of upholding human rights." Those human rights are categorically included in all other functions. I draw Senators' attention to the provisions set out in sections 15 and 16. Section 16(1) establishes a code of ethics that includes standards of conduct and practice for members of the Garda Síochána. Section 16, subsections (2), (3) and (4) state:

(2) Before establishing or amending a code of ethics, the Minister shall consult with the Garda Commissioner and may request the Commissioner to prepare and submit to the Minister a draft code of ethics.

(3) If requested to prepare a draft code of ethics, the Garda Commissioner shall consult with the following about the content of the draft:

(a) the representative associations established under section 17 or this Act or section 13 of the Garda Síochána Act 1924;

(b) the Equality Authority;

(c) the Human Rights Commission;

(d) the Ombudsman Commission;

(e) any other person or body appearing to the Garda Commissioner to have an interest in the matter.

(4) In addition, in preparing a draft code of ethics, the Garda Commissioner shall have regard to——

(a) the standards, practices and procedures applicable to the conduct of police officers in other members states of the European Union, and

(b) any recommendations of the Council of Europe.