Jim Walsh (Fianna Fail)

The section is strong of necessity. The ultimate sanction of dismissal must be available in both public and private employment. Labour and employment legislation contains safeguards against travesties of justice.

Natural justice dictates that a member facing dismissal should have the right of representation when he or she makes his or her case. The member must be informed of the basis for the Commissioner's opinion and he then has the right to respond. Can he respond orally or can he only respond in writing? The Commissioner is only one person. Normally employees have the right to appeal to a third party when facing dismissal.

The Garda is a structured force. Ultimately, the Commissioner is responsible and accountable for what happens within the force and, therefore, he must have powers such as this. Will an appeals system be provided? I acknowledge the Government's consent to the member's dismissal is required but I cannot envisage a scenario where the Commissioner would make a decision to dismiss a member only to be overruled by the Government. That would be tantamount to a resigning matter for the Commissioner because it would be an implicit statement of no confidence in the decision. It would be difficult for him unless a vexatious reason were provided.

It is highly undesirable to impose the ultimate sanction of dismissal. The section addresses the appointment of members by the Garda Commissioner to senior positions. However, the Garda does not provide ongoing training or refresher courses for members, especially those in management positions. Recently, I was part of a delegation which visited the London Metropolitan Police and the Boston police. We were impressed by much of what we heard and much of this information could provide the content for Garda training seminars. Members of those forces could be invited to such seminars so that information is disseminated throughout the force and not only senior management. Refresher courses on management skills could be provided using members of other forces to give seminars.

Complaints and tribunals should not occur because of the failure to retain files and records properly. That is an elementary function of a police force. Such seminars and courses could be usefully introduced into the system. I appreciate that can be done without legislation through the regular interaction between the Department and the force. Many well qualified and well educated people are being recruited by the Garda. Commissioner O'Toole in Boston said the force's system operated on a seniority basis but the force was trying to identity younger members with the necessary management skills to promote them so that they can implement their ideas when they have the energy and drive to do so rather than holding them back because of the seniority track. This should be examined by the Garda and other police forces.