Jim Higgins (Fine Gael)

It is an absolutely crucial change. I would have liked to have seen an indication of the thinking behind the code of ethics. I know the Garda Commissioner will be assigned responsibility for preparing the draft code of ethics. Given the public furore about the failure of some members of the Garda Síochána to perform their functions, I would like to know whether the Minister has consulted the Garda Commissioner about the Commissioner's intentions when drawing up the code of ethics. What kind of draft or blueprint will be prepared? It is a matter of current public debate.

I agree wholeheartedly with the argument made by my colleague, Senator Ryan, about allowing student gardaí to become members of organisations like the Union of Students in Ireland. A valid point was forcibly made by Professor Dermot Walsh in the wake of the publication of the report of the Morris tribunal. He said that some kind of injection of collective thinking is given to student gardaí in Templemore during the induction process and, as a consequence, they emerge from the Garda College with a paralysed state of mind. Mr. Justice Morris aptly and colourfully referred to this phenomenon in his report when he spoke about the Garda culture of circling the wagons. In other words, when members of the force are in trouble, their colleagues adopt an approach of "all for one, one for all". I do not have a problem with such an approach in the Army because it is a collectivity, but something should be done during the Garda training process to tackle that culture as it is found within the force.

The model that is used when Army cadets are being trained should be embraced in the Garda Síochána. Cadets are allowed to study in institutes of technology and universities so that they can live in the real world with real people, but trainee gardaí have to remain in the cloistered and monastic setting in which Garda induction takes place in Templemore. The training given to gardaí is one of the roots of the Garda Síochána's problem, which manifests itself in the culture of circling the wagons. That culture, which is quite prevalent within the force, was referred to graphically by Mr. Justice Morris.

I would like to discuss the amendment which relates to trade unions. Nobody wants to see splinter groups emerge as they did before. However, I continue to have worries about the Government's dealings with Garda representative associations. Can the Minister guarantee the House that this legislation will prevent a recurrence of the "blue flu" debacle of some years ago, when the members of the force made a collective decision to stay at home on a particular date, thereby leaving the civilians of this State totally exposed? Can the provisions of this Bill guarantee against a further eventuality of that nature?

I welcome amendment No. 37, which inserts a new section 27 in the Bill. Section 27(1) gives the Garda Commissioner responsibility for making "arrangements for obtaining the views of the public about matters concerning policing and the state of crime". Given that the Bill has been in drafting and gestation for so long, one would have expected it to indicate the types of forum which will be established. Who will the fora consult? Who will be called in? What degree of dialogue will take place? What reaction can we expect? Will the fora simply be talking shops? Will they have real strength, real power and a meaningful existence? I will reserve my comments for the other parts of the Bill. I endeavoured to be as relevant and certain as possible and, by and large, I have been in regard to dealing with these issues.

As I said, most sections of the Bill are extremely good. There are major problems in regard to the ombudsman and obduracy of the Minister. There are major problems in regard to other aspects of the Bill, which we will get to in due course.