Michael McDowell (Dublin South East, Progressive Democrats)

Chapter 3 of the Bill, which deals with the roles of the Minister and the Garda Commissioner, includes provisions which require the Garda Commissioner to prepare a strategy statement and an annual policing plan. In addition to those provisions, I decided to require the commissioner to prepare a three year review report that will review the efficiency and effectiveness of the management and deployment of resources available to the Garda Síochána during that three-year period. Provision is being made for the report to contain recommendations that the Garda Commissioner considers necessary for improving the management and deployment of resources. The commissioner must address himself to the question of the efficiency of the force, whether he is getting a bang for his buck.

As I indicated on Committee Stage in the Dáil, the number of attested members of the Garda Síochána will reach 14,000 in 2006. The number of fully graduated members will exceed 14,000 in late 2007 or early 2008. These will be historically high numbers for the Garda Síochána and I want to be sure that their deployment will be put to best effect and that any difficulties relating to the management and deployment of members, or any other resources for that matter, and any recommendations for improving the management and deployment of resources, will be brought to the attention of the Minister.

That is the reason for these provisions. I consider the submission of such a report every three years to be an essential reporting requirement when one considers the monetary costs associated with resourcing and equipping a modern police force. Provision is made for the Minister to lay these reports before the Houses of the Oireachtas subject to the usual exclusions with regard to State security, commission of offences, possible prejudice to a criminal investigation or a risk to the safety of any person.

Following the publication of the first Morris tribunal report in 2004, the Garda Commissioner accepted its findings and requested Deputy Commissioner Fitzgerald to examine the report, review the findings of the tribunal and prepare a report on its implications for the Garda Síochána. In order to comprehensively consider the implications and recommendations of the tribunal's report, Deputy Commissioner Fitzgerald established nine working groups, one of which looked at a number of areas of discipline. Among other matters, this group looked at the question of maintaining high standards and developing professional standards in an Garda Síochána. Among its recommendations, it suggested that consideration be given to changing the title of the discipline section, the complaints section, internal affairs and human resource management to a professional standards unit.

Whatever about changing the title of the internal administrative area within the Garda Síochána, I regard the establishment of a dedicated and highly motivated professional standards unit as a core requirement for the Garda Síochána at the present time. It is not good enough to impose this from the outside by the inspectorate; it is essential that the structures of the Garda Síochána internalise the requirement for high professional standards. In light of the findings in the Morris tribunal report, there is much work to be done. I see such a unit contributing significantly to the efforts of the Garda Commissioner in restoring and promoting a positive image of the force.

A police standards unit is now a feature of the policing landscape in the UK where it was established by the Home Office in 2001. This unit forms a vital part of the British Government's police reform agenda. The focus of the unit's activities is to measure and improve police performance in different command units and to examine the underlying causes of performance variations and identify and disseminate good practice, supporting those who need assistance.

There is no doubt in my mind of the need for a similar unit here. The new unit will be under the direction of a chief superintendent and its focus will be on improving all aspects of Garda operational, administrative and management performance, sponsoring, promoting and disseminating proven excellent national and international practice. I will also provide for the Garda Commissioner to submit a report to the Minister by 31 March each year outlining the activities of the professional standards unit in the preceding year.

With regard to what Senator Tuffy said, there is no reason why there should not be an external review of all these issues also. The fact that my proposal for this is on an internal basis does not mean the suggestion made by the Labour Party is a bad idea. I am not excluding it, but I was not prepared to delay all reform until it reported in 18 months time, because that would have had us slap up against an election. In those circumstances, the process of Garda reform would have been fatally undermined.

With regard to amendments Nos. 56 to 63, inclusive, in the course of the debate on Committee Stage and in response to points made by the Labour Party justice spokesperson, I undertook to again examine the audit committee provisions of the Bill. Deputy Costello was concerned that the section seemed to give too much control to the Garda Commissioner. The Chairman of the select committee also observed that there could be a problem with the independence of the audit committee if it was appointed by the Garda Commissioner. I looked at the position again and satisfied myself that these provisions as originally drafted were entirely conventional.

However, following the publication of the second Morris tribunal report and, in particular, its recommendation on the need to strengthen the existing internal Garda audit section through the induction of officers from outside police forces, I have decided to change the method of appointment the audit committee which is to be established by the Bill. While the tribunal's recommendation is obviously a matter that will require further consideration in the context of the new provisions in the Bill allowing for the making of regulations governing the intake into the force of former members of outside police services, it appeared to me that in so far as the provision in the Bill for a specific audit committee is concerned, it was preferable to strengthen it in the following respects.

I substantially revised this section on Report Stage. First, while the Garda Commissioner will be required to establish the committee, all of its members, including a deputy Garda commissioner, will be appointed by the Minister. In the light of that change, I removed subsection (2)(b) which provided for one person to be nominated by the Minister. I also amended subsection (3) to provide for the Minister to designate the chairperson of the committee and I provided in subsection (4) for the members of the committee to hold office for a period to be determined by the Minister instead of the Garda Commissioner. Consequential amendments were made to subsections (4)(a) and (b) with the insertion in subsection (4)(b) that where members are removed from office it must be for stated reasons.

I amended subsection (6) to provide that members of the audit committee hold office on such terms and conditions as may be determined by the Minister with the consent of the Minister for Finance.