Seanad debates

Wednesday, 15 December 2004

Garda Síochána Bill 2004: Committee Stage (Resumed).

 

11:00 am

Photo of Joanna TuffyJoanna Tuffy (Labour)

I too am very concerned about this provision. The Labour Party opposes it and will put forward that opposition on Report Stage. It gives substantial powers to the designated persons, for example, to search and exclude people from a building. It will change the nature of places such as the National Gallery. People in Ireland are not accustomed to this. It exists in the United Kingdom and other places but Ireland is a different country with a much smaller population base and a reputation for a certain regime which tourists expect to encounter. We should take account of that.

It could lead to people feeling their rights are infringed or their reputation is damaged in some way if, for example, there is a misunderstanding or difference of opinion as to whether a person refused to be searched and is excluded from a building. Many issues come into play. These people will have powers under statute with which it will be very difficult for a person to contend when making a complaint regarding civil rights. This Bill underpins a person's right to make complaints about what he or she regards as inappropriate conduct by the gardaí. There is no such provision for these people.

Senator Cummins mentioned training. Under this section the head of an authorised body can decide whether a person has received "adequate training for that purpose" yet the Bill provides that the Minister make regulations for Garda training. It refers to people who have entered into contract for the provision of security services and so on. Contract companies will provide security services and will be the designated officers under this provision. This has very significant implications for the future because although this legislation strengthens safeguards for gardaí, these do not apply to the new officers under this section.

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