Joanna Tuffy (Labour)

I move amendment No. 94:

In page 40, subsection (2), between lines 34 and 35 to insert the following paragraph:

"(d) to prosecute summarily members of the Garda Síochána where it decides to do so,".

The ombudsman commission should have an independent power of prosecution and should not be dependent on referring all criminal matters to the Director of Public Prosecutions. Otherwise, its effectiveness will be undermined as has been the case with the Garda Síochána Complaints Board. I understand the Minister intends to refer to the section which allows the commission make a complaint to the Garda or the Director of Public Prosecutions but making a complaint to the Garda would undermine the independence of the commission. They can go to the Director of Public Prosecutions. However, they should have the independent power to pursue their own prosecutions.