Michael McDowell (Dublin South East, Progressive Democrats)

The 11th group of amendments consists of amendments Nos. 121 and 122. In its second report the Morris tribunal referred to the plan being implemented by Garda management to strengthen the Garda internal audit section and noted it was a matter of worry that the internal audit section had not been strengthened by the presence of officers from outside police forces.

The tribunal acknowledged it would be reasonable to argue that those who do not have an intimate working knowledge of the Garda Síochána would be unlikely to know where internal problems can arise and where embarrassing details, lies and controversies can best be hidden. Nonetheless, its investigators found that a combination that works well is that of experienced Garda personnel and those with service at commander level in a foreign police force. The tribunal added the Garda Síochána needs a combination of experience, dynamism and honesty which is best achieved through allowing a combination of a fresh approach from outside the force and internal experience based on a long service to synergise.

The Bill provides for the appointment and secondment to superintendent rank and higher of members of the PSNI to the Garda Síochána, and the secondment to the PSNI of members of ranks not above inspector in the Garda Síochána. In these respects the Bill restates the provisions in the 2003 Act which implements the Patten report.

The tribunal observed that the transfer of personnel at garda, sergeant and inspector level is not provided for and referred to the various treaties of the European Union which promote the notion of the movement of goods and workers. While the tribunal acknowledged that this ideal must give way to practical problems where knowledge of local languages, conditions and problems is concerned, it took the view that it did not seem right that a person applying from an equivalent police force, with appropriate qualifications in language and expertise, from within the European Union, or from friendly countries such as Canada, needs to be inducted into the Garda Síochána trainee rank while at the same time losing significant salary and pension benefits by virtue of a desire to transfer to Ireland to serve the people of this country. While the tribunal acknowledged that the ideal must give way to practical problems where knowledge of local languages, conditions and problems is concerned, it took the view that it did not seem right that a person applying from an equivalent police force and with appropriate language qualifications and expertise from the EU or a friendly country such as Canada should be inducted into the Garda Síochána at trainee rank, while at the same time losing significant salary and pension benefits, by virtue of a desire to transfer to Ireland and serve the people of this country. The tribunal referred to the fresh infusions of energy and enthusiasm in young recruits almost yearly and stated that fresh ideas and personnel as well as fresh approaches to problems through the experiences of other police forces might usefully be introduced to the benefit of the Garda Síochána and those it serves.

The tribunal recommended the strengthening of the Garda internal audit section through the induction of officers of experience from Canada or an equivalent force or the revision of the Civil Service entry requirements to allow the transfer in appropriate cases of persons below the rank of superintendent and under appropriate conditions of service and retraining into the Garda Síochána from the EU or from friendly countries outside it. Further on, in chapter 9 of its report, under the heading of "ethnic diversity", the tribunal stated that the Garda Síochána should have more confidence in its ability to train and equip its recruits and actively seek its intake from a wider and more diverse ethnic and religious mix than at present.

This area was also brought up during debates in the Dáil, when the Fine Gael spokesman on justice asked why the Bill was limiting the appointment and secondment arrangements to members of the Police Service of Northern Ireland. Many of the points raised by Deputy Jim O'Keeffe echoed those of the tribunal. I undertook to re-examine the provisions. Having done so and in light of the Morris tribunal observations and recommendations in this area, I have tabled amendments Nos. 121 and 122. The former provides for the recruitment by the Garda Síochána of members from police services of other states and members with diverse ethnic or national origins or different religious beliefs and backgrounds. Amendment No. 122 provides for the secondment of members of other police forces to the Garda Síochána.