Seanad debates

Tuesday, 28 June 2005

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

 

9:00 pm

Photo of Brendan RyanBrendan Ryan (Labour)

I apologise. It is amendment No. 31, according to which the Garda Commissioner may determine the range of powers to be exercised and duties to be carried out by reserve members. Does he have to consult anyone? It is rather bald as it stands. I would not want to take from the Garda Commissioner his executive functions, but in the context of legislation trying to put together a structure and ethos of collaboration and modern management, the Garda Commissioner, apparently on his own, without reference to the Minister, the Department or anyone, may determine the range of powers to be exercised and duties carried out. I would hate that to be done without agreement and without its being at the initiative of the Garda Commissioner. That would be micro-management if it were the Department of Justice, Equality and Law Reform, if I am permitted to mention it. If the Minister did that, it would be wrong.

However, to leave it to the Garda Commissioner, apparently without any need to consult anyone, is not a great idea either. It is not my biggest problem with these amendments, but it is a genuine issue that I hope the Minister might at least briefly address by saying what he thinks will happen. As it stands, it is extraordinary. While the reserve gardaí are on duty, they will have the powers, immunities, privileges and duties of any other member of the Garda Síochána. I would rather the Garda Commissioner to be obliged to take some advice on this before making such decisions.

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