Tim O'Malley (Limerick East, Progressive Democrats)

I move amendment No. 124:

In page 67, before section 105, to insert the following new section:

109.—(1) The objective of the Garda Síochána Inspectorate is to ensure that the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services.

(2) The functions of the Inspectorate are—

(a) in furtherance of its objective to carry out, at the request or with the consent of the Minister, inspections or inquiries in relation to any particular aspects of the operation and administration of the Garda Síochána,

(b) to submit to the Minister—

(i) a report on those inspections or inquiries, and

(ii) if required by the Minister, a report on the operation and administration of the Garda Síochána during a specified period and on any significant developments in that regard during that period,

and

(c) to provide advice to the Minister with regard to best policing practice.

(3) Any report prepared under subsection(2)(b)(i) shall, where appropriate, contain recommendations for any action that the Inspectorate considers necessary.

(4) Subject to subsection (4), the Minister shall cause copies of any reports received by him or her under subsection (2)(b) to be laid before the Houses of the Oireachtas.

(5) The Minister may exclude from the copies of reports which are to be laid before the Houses of the Oireachtas any matter which, in his or her opinion—

(a) would be prejudicial to the interests of national security, or

(b) might facilitate the commission of an offence, prejudice a criminal investigation or jeopardise the safety of any person.

(6) The Inspectorate, with the approval of the Minister, may arrange—

(a) with any police service outside the State for the engagement of police officers from that service, or

(b) with any other body for the engagement of other persons, for the provision of consultancy or advisory services in connection with the performance of its functions.

(7) Subject to this Act, the Inspectorate shall be independent in the performance of its functions.".

Subsection (1) of the amendment states the objective of the inspectorate. Subsection (2) sets out the functions of the inspectorate, which include the carrying out of inspections or inquiries with regard to any particular aspect of the operation and administration of the Garda Síochána and the submission of reports to the Minister with regard to such inspections or inquiries. Provision is also made for the Minister to request reports on the operation and administration of the force during any specified period on any developments during such period.

The inspectorate will be able to conduct inspections and inquiries in two types of situations. The first will be as directed by the Minister. The second will follow consultations with the Minister. This latter provision is designed to allow the inspectorate, on its own initiative, identify an area or areas it considers should be examined. Following discussions with the Minister, he or she will agree an inspection, as recommended by the Inspectorate, should take place.

Subsection (3) provides for reports of inspections or inquiries to contain recommendations by the Inspectorate for any action it considers necessary. Subsection (4) requires the Minister to place any reports received from the Inspectorate before the Houses of the Oireachtas. Subsection (5) provides for the Minister to exclude sensitive material in such reports, for example material which could be prejudicial to national security or a criminal investigation, facilitate the commission of an offence or jeopardise the safety of any person.

Subsection (6) provides for the inspectorate, with the approval of the Minister, to engage other persons in connection with the performance of its functions. Subsection (7) provides for the independence of the Inspectorate in carrying out its functions. The reference in the first line of subsection (4) should read "to subsection (5),". A textual amendment will be made on Report Stage.