Seanad debates

Tuesday, 28 June 2005

Garda Síochána Bill 2004 [Seanad Bill amended by the Dáil]: Report Stage.

 

8:00 pm

Photo of Maurice CumminsMaurice Cummins (Fine Gael)

We are very disappointed that legislation of this nature was rushed through the other House in the absence of debate on many amendments. It is undoubted that all of the last minute amendments introduced on Report Stage in the other House should have been introduced on Committee Stage, a point that was made time and again but not accepted. All the amendments, including those that were not accepted in the other House, should have been debated at length. In this debate, we can only debate the Government amendments as passed in the other House. We cannot have a vote on each of the amendments individually but must wait to have a vote on all the amendments. It is a farce.

As my party leader stated, the Bill should have been stalled for a maximum of, say, three months to invite an independent and respected panel of interested people with international expertise to review it and report back to the Houses of the Oireachtas. This would be, first, to assess the Bill fully and to address all the recommendations made by Mr. Justice Morris and, second, to assess whether the structures proposed for highlighting complaints against gardaí are in line with international practice. It is very important that we get this Bill right and the manner in which the Minister has ploughed ahead, without proper debate, is absolutely disgraceful. I would have expected better from the Minister, especially given that he was receptive to changes from this House when the Bill was initially brought forward. The Minister accepted some amendments from this side of the House.

It is a cliché to say that rushed legislation is bad legislation. I sincerely hope the objectives outlined will be realised but I question the constitutionality of some aspects of the Bill. I will not be surprised if this Bill is challenged in the years ahead, especially in areas where due process is deemed not to have been followed.

The Minister referred to amendments tabled by Members of the Opposition in respect of human rights and other areas. I am glad such matters were teased out in the other House. Those amendments were put forward by the Opposition in good faith and, if these were accepted, surely the least the Minister can do is to listen to and debate the amendments put forward on this Stage. These may also improve this Bill.

The manner in which the Bill has been handled is an absolute disgrace, especially as this is important legislation dealing with the Garda Síochána. This is the most important legislation since the foundation of the force. In that respect the Minster has made a serious mistake. I do not know whether it is the Minister's decision or that of his officials. This decision to plough ahead will haunt the Minister in years to come.

My colleagues will raise the substance of the amendments but it is important to put on record our distaste at the manner in which the Bill was handled in the other House, and the fact that we cannot vote on individual amendments. The amendments will have to be voted on in total, at the end of the debate.

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