Brian Lenihan Jnr (Dublin West, Fianna Fail)

I will have a fresh look at the matter. With regard to the suggestion that the word "shall" should be substituted for the word "may" in section 31, Senators should consider the express terms of section 32, because it provides that "A local authority and the Garda Commissioner shall arrange for the establishment of a joint policing committee in accordance with guidelines." Therefore, there is an obligation in section 32 to establish the joint policing committees. The Senators' difficulty is that there could be an unconscionable delay in the drawing up of the guidelines. I respectfully suggest that it might be better to consider the issue of putting a time limit on the drawing up of the guidelines because as a matter of statutory draftsmanship that would ensure the creation of the joint policing committees.

The expression "may" in section 31(1) relates to the issuing of guidelines. Whenever power is given to a Minister in legislation to do something such as issue guidelines, the permissive rather than the mandatory form of the word is generally used because the Minister, at his discretion, is drawing up guidelines. The key issue is to put a time limit on that and I will have that examined before Report Stage.