Seanad debates

Thursday, 9 December 2004

Garda Síochána Bill 2004: Committee Stage (Resumed).

 

12:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I move amendment No. 55:

In page 25, subsection (3), lines 39 to 41, to delete paragraph (a).

I know a good deal about this matter. Legislation dealing with the relationship between public bodies and authorities and Oireachtas committees has come through this House. With one or two exceptions, where we persuaded the Minister to drop the provision, the legislation has stated, as it does here, that the Garda Commissioner, "shall not question or express an opinion on the merits of any policy of the Government or Minister of the Government or on the merits of the objectives of such policy".

While we do not want party political speeches from senior public figures, this imposes an enormous constraint. A Garda Commissioner could interpret the wording whichever way he wishes. Other exclusions in terms of the security of the State are perfectly reasonable. However, not to allow the commissioner question or express an opinion on the merits of any policy of the Government implies that he or she could express opinions on the merits of the Opposition's policy. That is hardly fair.

The Minister may think it is a great idea for the Garda Commissioner to have a go at Senator Cummins, Deputy Costello and others. It seems strange that it only refers to Government policy. I understand the difference between Government and Opposition policy. Nevertheless, this provision is unfair and unnecessary. Most senior figures in the public sector and bodies can draw a sensible line between reasonable comment and head-to-head conflict with the Government.

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