Frances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I apologise to the Senator. I will arrange for that. Obviously there is a need for the delivery of reforms and efficiencies. For example 125 gardaí are returning to front-line policing as a result of civilianisation of Garda immigration functions at Dublin Airport. In addition, due to reforms in rural policing, the Garda Commissioner estimates that 61,000 more man hours and woman hours are available for front-line services following recent decisions.

To date, this Government has invested nearly €29 million in new Garda vehicles since 2012, and they have been coming on stream in recent times. The various reforms have been done by way of context for the establishment of the new policing authority which we are discussing.

The establishment of an independent policing authority is at the core of the Government reform programme and represents one of the most far reaching reforms of the Garda Síochána since the foundation of the State. The authority will provide a new independent and dedicated forum for the public oversight of policing services in Ireland. It will also provide a new engine to drive reforms of the policing system and practices, to ensure that the Garda Síochána is fit to address the ongoing and emerging challenges of modern policing. The new authority will have extensive functions, many of which are currently exercised by the Government or the Minister for Justice and Equality. In particular, these functions will be concerned with overseeing the governance, structures and performance of the Garda Síochána in the policing area.

The Bill proposes that the authority will, in particular, have responsibility for overseeing the performance by the Garda Síochána of its policing

The legislation has been developed taking into account the outcome of an extensive process of consultation. This included the consultation process I hosted in Farmleigh in June 2014 and the detailed consideration of the Bill by the Joint Committee on Justice, Defence and Equality. The provisions of the Bill are generally in line with the general scheme which was published in November 2014 and which was broadly welcomed by the joint committee in the course of its pre-legislative scrutiny.

The proposals in the Bill have been prepared in close consultation with the Office of the Attorney General, taking full account of the requirements of the Constitution. In particular, consideration has been given to the fact that, under Article 28, as interpreted by the courts, there are restrictions on the extent to which it is open to the Government to delegate important functions relating to the Executive power of the State to another body. Overall, the proposals for the policing authority are designed to strike the right balance between, on the one hand, the exercise by the authority of effective and meaningful oversight of the policing functions of the Garda Síochána and, on the other hand, the retention by Government of essential residual powers in policing, in accordance with what is appropriate under Article 28. In recognition of the constitutional position of the Executive in policing, the Bill provides that a number of authority functions will require the co-agreement of the Minister. An important issue dealt with in the Bill is national security which is a vital function of government. The Garda Commissioner will continue to account fully to the Minister and the Government on security matters. For the first time the Bill contains a definition of security services. The purpose of the definition is purely to determine which functions of An Garda Síochána will be overseen by the Minister for Justice and Equality and the Government rather than the policing authority. It is important to bear in mind that the Bill does not seek to confer further security-related powers or functions on An Garda Síochána. The definition contains an exclusion for lawful advocacy, protest or dissent, which is an important point. The definition was carefully considered in close consultation with the Office of the Attorney General. It encompasses, among other matters, functions linked with offences under existing legislation, including offences under the Offences Against the State Acts, 1939 to 1998, and the Criminal Justice (Terrorist Offences) Act 2005, as well as espionage and sabotage.

I will set out the position on the chairperson designate and the membership of the authority. Following a process undertaken by the Public Appointments Service in seeking expressions of interest, the Government has nominated Ms Josephine Feehily as chairperson designate of the authority. She has been assisting in the preparation for the establishment of the authority. The selection process for the eight ordinary members of the authority will be undertaken shortly by the Public Appointments Service. This will allow the authority to commence operations as soon as possible after the Bill is enacted.

I will now set out the specific contents of the Bill. The Bill comprehensively amends the Garda Síochána Act 2005, the principal Act, to incorporate the authority into the existing Garda legislative framework. To facilitate Senators, I have arranged for the circulation of an unofficial consolidation of the principal Act which includes the amendments proposed in the Bill. I realise Senators may not have received the document, but I am organising it.