Seanad debates

Wednesday, 8 December 2004

Garda Síochána Bill 2004: Committee Stage (Resumed).

 

1:00 pm

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)

I will reply. It might assist the course of the debate. Senator Cummins has raised a number of interesting points and the Minister is undertaking to reflect on them and bring something forward on Report Stage. That was the point I felt might hasten debate on this issue.

To take up some of the points made in the debate, the point in the amendment about the terms of office of the joint policing committee having to be the same as the local authority term is a good one. On the other hand, the points made in paragraphs (f) and (g) of the amendment, about the establishment of sub-committees and the engagement or co-option of additional persons, are addressed in the existing subsection in the Bill. My proposed amendments, amendments Nos. 46 and 47, will also deal with that issue.

The Minister shares Senator Tuffy's concern, perhaps not in as definitive a way. He is concerned that paragraph (a), as drafted, might in some sense preclude town councils from the functions recognised in the Bill. The Minister wants to have a further look at this provision to see whether the formulation in the Bill can be improved.

I will address a few issues raised in the course of the debate. Reference was made by Senators Hayes and Mansergh to the in camera rule. This is a topical issue under a heading such as this Bill but it is a matter for authorities to regulate their own procedure. In general, it is desirable that local authority business should be transacted in public but they may benefit, on occasion and in very limit circumstances, from in camera discussions between local policing officers and members of authorities. This is a matter which can be addressed by the Minister on Report Stage, in bringing forward a further amendment. I can see clearly how on occasion it would be beneficial for the committee to have certain matters said in camera. At the same time there is a balance to be struck here. Clearly for public confidence to be maintained in the system and in the force, it is better that, as far as possible, business should be transacted in public. The question of the membership of the Oireachtas and the participation of Members of the Oireachtas in this system was raised by Senators Leyden and Tuffy and I will examine this on Report Stage. The issue of how to relate a Senator to a particular area will need to be addressed. It can be done by way of a suitable statutory formulation.

The other matter raised was the question of the appropriate boundaries of a particular area committee. This is an interesting question. Counties will have various options in the Bill as it now stands following the amendments which were agreed to. It is possible under this legislation to have one unitary authority for a county and to have all the elected members in that county, whether they are in the county council or in a town council, to represent it. It is also possible under the Bill as it stands to establish what Senator Tuffy referred to, to split a county for area purposes and have an area committee made up of county and city councillors. It is possible, as Senator Mansergh advocated, to have a town council unit simply and solely centred on that town council.

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