Seanad debates
Tuesday, 14 December 2004
Garda Síochána Bill 2004: Committee Stage (Resumed).
7:00 pm
Brian Hayes (Fine Gael)
Why is section 91(1) restricted to a complaint under section 90? Surely it should relate to any matter pertaining to the Bill? This is convoluted. The investigating officer operating on behalf of the Police Ombudsman for Northern Ireland has the power to turn up at any station without any information being given to the PSNI. Section 91(3) states:
Before issuing an authorisation to search a Garda Síochána station designated by regulation under section 109 as one that, for reasons related to the security of the State, may not be searched except to the extent specified in a direction of the Minister, the Ombudsman Commission shall notify the Garda Commissioner and the Minister of its intention to issue the authorisation.
Are we not making this complicated? The commission, through its investigating officers, should have the power to turn up when, as often and to as many stations as it likes. That is the process in Northern Ireland. If the ombudsman informs the Garda Commissioner, and if it is known that people are coming, does that not defeat the purpose of having the power to search in the first place?
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