Seanad debates

Friday, 10 December 2004

Garda Síochána Bill 2004: Committee Stage (Resumed).

 

12:00 pm

Photo of Terry LeydenTerry Leyden (Fianna Fail)

I ask the Minister and his senior officials to closely examine the submission from the Garda Representative Association before Report Stage. I draw their attention to pages 10, 11 and 12. I can see both sides of the coin. However, it is extremely difficult for a member of the force to make a complaint against another member. This issue is not addressed in the Bill. I received the briefing and understand their point. I will not delay the House because it is important the Bill goes through. However, it will not allow a member of the force with a genuine difficulty regarding a situation, such as happened in County Donegal, make their case known to anybody else. They must go to a senior officer and could be reprimanded. They cannot make a complaint against another member of the force.

There is another important point in the Bill. It does not prevent a partner or spouse making the same complaint as a member of the public. There is therefore a way out. It is an unlikely situation, but such situations arise. The ombudsman commission would be justified in investigating a complaint made by a member of the force against another member. I would be interested in the Minister's view. Perhaps he could give the matter due and careful consideration. It would be an unusual situation, but a member of the force may need to rely on a spouse or relation to make a formal complaint against another member, outlining what has occurred on his or her behalf. There is a question regarding the disclosure of information from a garda to a person outside the force, which could prejudice their role as covered by the section we have just debated.

It is only fair that when issues are brought to our attention by a reputable organisation such as the GRA we must bring them to the attention of the House, the Minister and his officials. Both the Minister and his senior officials have been extremely open to every possible recommendation. They have argued their case well. The Minister possibly has a strong view on this issue, but he should perhaps give it consideration. It is of great importance to our 10,000 gardaí, of which there will be 14,000 by 2007.

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