Terry Leyden (Fianna Fail)

The amendment is a studied recommendation. I do not know if the Minister's officials received any recommendations on the Bill in this regard from the representative associations. I am unaware of any such case having been made. It would be difficult to enforce this measure, as it would be difficult to prove that such inducement occurred. Section 52 refers to a person who, "induces, or does any act calculated to induce, any member of the Garda Síochána to withhold his or her services or to commit a breach of discipline".

This section has serious implications for representative associations. I am sure the Minister or his officials have had discussions with the relevant organisations. I have not received any submission in this regard but I wonder if the proposed measure is enforceable.

Is it possible for the Minister to introduce a measure that is in keeping with the amendment which would ensure that where legitimate negotiations are under way, members of the Garda Síochána would not be unnecessarily charged with this type of offence? Otherwise, it would be very difficult for representative associations to negotiate on behalf of members.