Derek McDowell (Labour)

I hope I get a better hearing here. However, this section will also enable the Minister to issue guidelines to members of the force on specific operational issues which may relate solely to the administration of firearms law which would only be pertinent to members of the force engaged in the administration of the firearms law or which, in the view of the Commissioner, might on security grounds be considered inappropriate to put into the public domain.

The provision arises in view of the court case decision that the Commissioner had no right to issue guidelines in this regard and that superintendents were separate statutory officers with their own discretion and should not be guided by the views of the Commissioner in these matters. In other words, the Commissioner was deemed not to be in a position to substitute his or her judgment for that of superintendents. This provision establishes the right of the Commissioner to set down such guidelines. The great majority of these guidelines will be published but some may include security information for the guidance of local superintendents which the Commissioner may not want in the public domain. The gun lobby — if I may call it such — has been assured that the general guidelines will be published and, furthermore, that its members will be consulted in devising those guidelines. It is not a question of these people being left in the dark.

In cases where some security-specific guideline issues from the Phoenix Park to all officers, I do not want a situation where that must be put in the public domain if it is to have effect. Likewise, if a superintendent is to be guided by the Commissioner as a matter of entitlement on the part of the Commissioner to give that guidance, it should not be the case that every instance of such guidance must be put in the public domain. I was hammered for this proposition in the other House. The notion that there could be private guidelines seemed anathema, particularly to Deputy Howlin. The situation is that, in general terms, the guidelines will be published and there will be discussion, consultation and interaction between the Commissioner and the gun lobby. However, I do not want to say that no guideline could issue which would bind a superintendent on security issues unless it was thrown into the public domain. This was the argument we had in the Dáil.