Seanad debates
Friday, 17 December 2004
Garda Síochána Bill 2004: Report and Final Stages.
2:00 pm
Jim Walsh (Fianna Fail)
Like Senator Cummins, I welcome the changes proposed here, which shows the Minister's propensity to approach these issues in an open-minded way. He has a great commitment to this matter. Leaving aside the policing aspect, the Bill represents the most significant local government reform that I have seen in recent years.
I welcome the change to the mandatory word "shall" rather than "may" in amendment No. 6. I also welcome amendment No. 9 which specifies precisely how the committees will be constituted and gives guidelines on their operation. I also welcome the privilege, which is clearly set out in amendment No. 15. Amendment No. 11 states, "the Garda Commissioner shall have regard to the need to ensure that such members are of appropriate rank and seniority".
It probably goes without saying — perhaps the Minister could consider the matter before the Bill is taken in the Lower House — but those who will serve on joint policing committees would have to be from the localities in which they will operate. I am sure this is understood but I do not know whether it needs to be specified. I welcome the idea of allowing the joint policing committees to appoint sub-committees.
I wish to raise a number of points in respect of amendment No. 9. The phrase "members of the local authority concerned nominated for such appointments" is used in paragraph (b)(i) of the amendment. On Committee Stage we discussed whether the county model or that relating to the area surrounding a town should be used. If the county model is used, a number of local authorities within any county will put forward nominees. If, however, the area surrounding a town is used, I understood from the Committee Stage debate — the Minister of State who was present agreed with this — that those living in rural areas who serve as county and not town councillors would not be excluded. I wonder if the term "local authorities" should be used in paragraph (b)(i) of the amendment.
The terms "persons nominated by other public authorities" and "such other persons as may be provided for in the guidelines" are used in paragraph (b)(i) and (ii), respectively. I hope — the Minister also expressed this view — that these committees should be comprised exclusively of elected representatives, be they councillors or Members of the Oireachtas, and members of the Garda Síochána. The provision allows for this model to be extended but restricting membership to elected representatives in the initial states will allow it to establish its own dynamics. In my view, this model will work well.
Paragraph (c) of the amendment states, "The appointment as chairperson of the committee of a member of the local authority concerned who has been nominated in accordance with paragraph (b)(i),." The issue again arises whether both town and county councillors will be involved if the town model is chosen. In that instance, one of the local authorities would be responsible for nominating the chairman. Our local government has its own hierarchy and county councils have extensive resources. In my area, for example, Wexford County Council might have a turnover of €80 million or €90 million per year, whereas New Ross Town Council might have a turnover of €2 million. The resources that might be necessary in the future might be more easily provided by county councils. Perhaps, therefore, county or city councils should nominate the chairmen of the committees. Clarification may be required on this matter in that, depending on the model chosen, there may be an overlap in terms of the number of councils involved. If, for example, the town model is chosen, there may be an overlap of at least two councils and if the county model is adopted, there could be even more councils involved. Consideration must be given to this matter.
The Minister is committed to and deserves our commendation in respect of an initiative which will have a huge beneficial effect on policing throughout the country.
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