Tim O'Malley (Limerick East, Progressive Democrats)

This is the usual type of provision which provides for the making of a ministerial order appointing a day for the establishment of this part of the Bill. Such an order must be laid before both Houses of the Oireachtas.

It might be useful if I set out the background to provisions in Government amendments Nos. 120 to 127, inclusive. The Minister proposes to establish a new Garda Síochána inspectorate in line with the policy behind the Bill to make further and better provision for the Garda Síochána. Use of the word "inspectorate" may cause some confusion because at one time the intention was to establish a body to investigate complaints about the gardaí which was to be called the Garda Síochána inspectorate. This title was preferred over ombudsman because the new body was to have a remit and functions which would be more extensive than those normally associated with an ombudsman type of body. For example, the new body would be made to investigate matters on its own initiative without the need for a prior complaint. It would also have an investigatory and advisory role on Garda practices and procedures which might give rise to public criticism and disaffection.

The Minister took the view that too much time and effort was concentrated on the title of the new body so he decided to use the term ombudsman commission instead. This was to reflect the fact that the term ombudsman on its own would generally convey the idea of a one-person operation whereas the Government felt that a three-person body was a better option in this jurisdiction. There are precedents for this approach in other jurisdictions in the context of the usual remit of such bodies, for example, to investigate problems arising from an individual's dissatisfaction with the administrative apparatus of the State.

The wheel has come full circle in that an inspectorate is being established but it is a body which is more in keeping with the inspectorate of constabulary in England and Wales. Its functions are quite different from those of the ombudsman commission. The decision to establish the inspectorate originates in the first report of the tribunal established under the chairmanship of Mr. Justice Morris to inquire into allegations of Garda corruption in Donegal. The Minister is bringing the proposal forward in the light of the tribunal's recommendation that the Minister for Justice, Equality and Law Reform, in line with his statutory oversight role regarding the Garda Síochána, must be empowered by knowledge. The inspectorate's main functions will be to ensure that the Minister has objective information on matters relevant to the functioning of the force consistent with the aims of this Bill to make further and better provisions for the Garda Síochána.

The purpose of these amendments is to provide for the setting up of a three-person body, one of whom will be known as the chief inspector. The inspectorate will look at and examine thematic policy issues with standards, practice and performance benchmarked to comparable international policing experiences. The key objective will be to ensure, and promote advice and support for the Minister and the Department. The Minister is confident that the new body will ensure that the Minister for Justice, Equality and Law Reform of the day will be better informed on particular aspects of the policing function and will thus be in a position to give up-to-date and accurate information to the Oireachtas as required and in accordance with his or her constitutional and statutory obligations.