Michael McDowell (Dublin South East, Progressive Democrats)

I honestly believe that quite the reverse is the case. The absence of a reserve in this State compared with Northern Ireland would, if left unchecked, widen the gulf between the Garda Síochána and the community at a time when we want to narrow the gap. I am strongly of the view that it has a positive potential in the interest of every single member of the Garda Síochána, particularly the full-time members.

When we started, section 14(3) simply stated "While on duty, a volunteer member has the same powers, immunities, privileges and duties as a person appointed under section 13 to the rank of garda". That was baldly stated; they had every single power. I was roundly told on several occasions that it was too wide a proposition and that one did not want reservists given every power while on duty as of right that a member of the Garda Síochána has. I was told that I must qualify that in some way.

The real question was how I should do that. That broad statement was made subject to subsection (5), which gives the Commissioner the right to determine the range of powers to be exercised and duties to be carried out by reserve members. It states not that he must do it but that he may do so. He can leave it if he likes as in subsection (3) or he can delimit it in various ways. We have obvious examples, for example, whether one wishes members of the reserve to act as immigration officers, to carry firearms, or to be drawn into escort duties on cash transit and so on. There are plenty of matters in which the Commissioner should be given broad discretion to narrow the applicability of his reservists. This formulation is about as good as it gets.

Senator Ryan has rightly asked whether the discretion is too broad and whether the Commissioner should be required to consult the Minister of the day or gain his or her consent. I wanted to be flexible, since I believe that an issue will arise on some occasion. Fairly broad discretion must be built in. Section 15(1) states: "The Garda Commissioner may, subject to subsection (4) and the regulations, appoint persons as reserve members of the Garda Síochána to assist it in performing its functions." The regulations are there as an overriding constraint on the Commissioner. In addition, Members should be aware that the Commissioner is not totally free in that he or she must provide an annual policing plan and a statement of strategies and must also comply with specific directives given by a Minister. There is plenty of room for a nuanced approach to this and it is not the case that a blank cheque is being offered to the Commissioner.