Seanad debates

Tuesday, 14 July 2009

Criminal Justice (Amendment) Bill 2009: Committee and Remaining Stages

 

6:00 pm

Photo of Paschal DonohoePaschal Donohoe (Fine Gael)

What I am stressing is my contention that it should only be a chief superintendent.

When the Minister responded to what one of my colleagues stated he made the point that a chief superintendent might not have the knowledge on the ground to put forward an effective testimony in court. I am making the point that from my experience of seeing chief superintendents perform I am equally certain that they would.

I have two further points to make in support of this. The first is with regard to the idea of distance. I am not sure it is appropriate that inspectors and sergeants operating in their communities and having daily engagements with gang members are the same people upon whom this power is conferred. I have seen the intimidation to which some of these gardaí are subjected. I would have thought that for the safe exercise of their duty and the safety of those on the beat in the community, that this responsibility should be conferred on people who are not on the footpaths of the community all day long. It is appropriate that something such as this be limited to the very senior ranks of the Garda.

The second is that the Bill makes reference to expertise, meaning experience, specialised knowledge or qualifications. Surely somebody who reaches the rank of chief superintendent is one who will accumulate all these qualities on his or her way up the promotional ladder in the Garda Síochána. For all of these reasons the amendment would improve the operation of the Bill and would ensure that the Garda can ensure the objectives of targeting gangland crime are delivered safely for themselves and the community in which they are operating.

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