Seanad debates

Wednesday, 15 December 2004

Garda Síochána Bill 2004: Committee Stage (Resumed).

 

12:00 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

This is interesting as it deals with breach of discipline. It refers clearly to discourtesy, prevarication, abuse of authority and so on. All are part of the disciplinary code. Perhaps the Minister might amplify those issues. Gardaí have a difficult job and, in general, carry out their duties with diligence, often putting themselves at considerable risk. It is important for the effective functioning of the Garda that it has public support. That is an essential component of effective policing. Good discipline is the key to securing that support.

Corrupt or improper practices include a member placing himself or herself under a pecuniary obligation to any person by soliciting or receiving any gratuity in a manner that might affect the member's ability to discharge his or her duty. If a garda has given a particularly good service some people might feel a compunction to recognise that in some tangible way. The guidelines need to be clear as to what is proper or improper.

Perhaps the Minister might comment on the disciplinary procedures. I am sure Senator Tuffy will take me up on this, but sometimes gardaí must deal with people who try to exploit particular situations by making unjust claims against a garda for personal reasons. It is therefore important, where a claim is seen to be vexatious and without foundation, that appropriate action can be taken against individuals who make false claims. The Garda Síochána is a disciplined force and in carrying out its duties gardaí are open to false allegations being made against them. Anybody making such false allegations must also be taken to account. As the Minister said earlier, balance is a very important component of this Bill, and it is obviously necessary in this area.

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