Jim Walsh (Fianna Fail)

If my opinion of Senator Higgins is correct he will voluntarily come to the House and withdraw the statement if there is no foundation for it. If it has foundation then it should be clarified expeditiously. In view of the senior position the police officer holds it is a matter that should not be treated lightly.

We have discussed many of the arguments for an individual ombudsman as against the triumvirate proposed in the legislation. While I have listened to the arguments for an individual ombudsman I do not find them compelling. A triumvirate has the advantage of being able to provide cover for absence if one is indisposed. More important, complaints require an adjudication to be made. The analogy of the general Ombudsman with other single office holders does not hold water. It could equally be argued that the Supreme Court is not a single judge. It comprises a number of judges hearing a case together and coming to a consensus, often on a divided vote.

There is nothing wrong in principle with what is included in the Bill. I welcome as a step in the right direction the change that was made in the Dáil whereby a chairman will be accountable for the functioning of the office. In light of the latest Morris tribunal report I empathise with the points made by Senator Maurice Hayes on access to all parts of the Garda station, which was discussed here on Committee and Report Stages. That is an area that needs to be monitored as this rolls out, to ensure that evidence and information germane to a proper investigation of a complaint is not lost or set aside as happened in instances highlighted in the Morris tribunal. We should err on the side of caution in that regard. If for the security reasons that have been advanced, which appear to be valid, full access is not granted, it is imperative that what might be perceived as a lacuna in the structure of the system does not thwart the effectiveness of an investigation. It should be monitored and, in the light of experience, refined if necessary.