Seanad debates

Tuesday, 9 June 2015

Garda Síochána (Policing Authority and Miscellaneous Provisions) Bill 2015: Second Stage

 

2:30 pm

Photo of Paschal MooneyPaschal Mooney (Fianna Fail) | Oireachtas source

I thank the Minister for her comprehensive explanation of this substantial legislation. It is unprecedented in the history of the Garda to take away the direct channels of communication between the Garda and the Government since the foundation of the force. We support the establishment of the policing authority in that context. The Bill also brings us into line with what is happening on the rest of the island of Ireland, given that the police authority in Northern Ireland has played an important role in establishing the credibility of policing among the Nationalist population that had always regarded the RUC as a biased and sectarian force. Establishment of the police authority in Northern Ireland has proved to be a positive development, particularly since the Good Friday Agreement, in that an increasing number of Catholics, notwithstanding the fragility of the peace process, have joined the PSNI. I am also pleased that the Bill establishes opportunities for secondment between the North and the South, although if memory serves me correctly, I do not think this has been successful in the past. Perhaps the Minister might clarify the current level of integration. The relationship and level of co-operation between the Garda and the PSNI appear to be at an all time high, but I am interested in learning how secondments have operated heretofore.

Despite the Government's appointment of a chairpersons to the authority, I understand it is yet to agree a budget for it. Concerns have also been expressed that the Bill has been watered down. The Garda Commissioner's accountability to the authority has been reduced; human rights will not now form part of the remit of the authority and it will have reduced powers of oversight over the resources of An Garda Síochána.

Fianna Fáil's first priority in the justice area is to ensure the Garda has the necessary strength and technology to provide a first class police service. We are committed to increasing Garda numbers to 14,000 and maintaining them at this level. I understand the Garda Commissioner has stated services would be undermined if numbers were to drop under 13,000. When asked about the issue, she stated, "In terms of the overall numbers - do I believe we have enough? It's challenging." Numbers will continue to decline, despite new Garda recruitment, as numbers struggle to keep up with retirements. The Commissioner has informed the Government that she needs more than 500 recruits per year to ensure the force will have the capacity to combat crime.

I am aware from speaking with friends in the force that morale in the Garda is at an all time low. I am sure the Government hopes the establishment of the policing authority will go a long way towards restoring morale. New gardaí enter the force on what can only be described as a miserly salary of €23,171, in contrast to the starting salary in 2009 of €27,100, plus a rent allowance of €4,000 until it was abolished by the Government. The current Garda recruitment process commenced in late 2013 and, although it attracted more than 20,000 applications, only 300 have since been recruited, with a further 200 announced in April. I am sure the Minister fights at the Cabinet table for increases in her budget. In the context of the spring economic statement and the improvement in Exchequer figures in recent months, I hope there will be more flexibility in the budget to allow her to increase this miserly salary. We are training police officers to a high degree of skill and competency in a complex world of technology and cyber crime, but we expect them to keep us safe in our beds for €23,000 per year. That is not acceptable. It would not be acceptable in another business and it is a real problem in An Garda Síochána.

I understand the Minister has been operating in the face of a difficulty for her mother and I hope everything goes well. I will not go into the detail regarding what the authority will be responsible for but I was interested in the Minister's references to the definition of national security and the changes that will take place in that regard. Unfortunately, I have not had an opportunity to reflect on what the Minister said because we have only just received a copy of her speech. It seems that the Garda Commissioner will continue to account fully to the Minister and Government with regard to security matters and that the Bill continues the definition of security services, the purpose being to determine which functions of An Garda Síochána will be overseen by the Minister and Government rather than the policing authority. It is important to bear in mind that the Bill does not seek to confer any further security-related powers or functions on An Garda Síochána. Perhaps we might have an opportunity to tease this out on Committee Stage but in light of the ongoing threat to the security of this State both from internal and external forces, this is a particularly significant aspect of the legislation in that it seems that on a casual reading of it, the relationship between the Garda Commissioner and the Government will continue and that the policing authority might not have any insight or any significant role in the context of national security issues. I would support that view. This matter should be retained between the Garda authorities and the Government of the day.

Some concerns have been expressed. Dr. Vicky Conway, who is a senior lecturer in law at the University of Kent, has said she is concerned that the new legislation will not be enough to end what she calls the cycle of scandal, reform, scandal, reform that has beset the force and has stated that the Bill appears to be watered down. The general scheme of the Garda Síochána (Amendment) Bill published last November contained a provision that a function of the policing authority was "to hold the Garda Commissioner to account for policing matters". The provision is not contained in the current Bill. In addition, in the section on accountability, the general scheme stated that "the Garda Commissioner shall account fully to the authority for any aspect of his or her functions relating to policing matters". In the final Bill, this is changed to a reporting function, with the Bill stating that "the Garda Commissioner shall report to the authority with regard to policing services".

Dr. Conway said that a second area of concern was the removal of the following function in the general scheme that related to monitoring and addressing human rights compliance by the Garda Síochána relating to policing matters. She has said that this provision has been deleted and this is equally as significant as the issue of the Commissioner. The Minister should reflect again. This is a significant deletion and one that is worthy of more debate.

A third matter of concern is the authority's role in budgets and oversight. In the general scheme, the authority would ensure that Garda resources were used to "maintain the highest level of efficiency and effectiveness". In the final Bill, this is changed to providing "advice to the Minister" before each financial year with regard to the resources likely to be required. Again, this is a significant change because it is a cop-out for the Minister of the day. Instead of providing what is nearly an obligation to maintain the highest levels of efficiency and effectiveness, all it can now do is advise the Minister before each financial year. That is a cop-out, particularly in light of the current debate in An Garda Síochána about the status of its technology. The technology used by An Garda Síochána is outdated and according to the gardaí operating the system, it is hindering the effective function of the force in carrying out its duties. The chief inspector of the Garda Síochána Inspectorate has said that gardaí urgently need investment in technology to operate efficiently. Robert K. Olson said that gardaí need computer-aided dispatching, a records management system and an integrated human resources management system. He said he was very concerned about the lack of tools available to gardaí to do their work and he expressed the hope that resources would be found to upgrade systems in the force.

While the Minister has pledged the resources necessary to upgrade the Garda ICT system, we have yet to see any action on the issue. Again, this might be an opportunity for the Minister to respond and tell us what the state of play is regarding the upgrading of the technology. I wish to put i on the record that it is totally unacceptable for any Government to ignore the need and obligation to ensure that we have the state-of-the-art technology in place to combat crime because of the increasing complexity of crime. It is no longer about somebody breaking a window and breaking and entering or committing public order offences. We are now dealing with highly sophisticated criminals. I do not in any way criticise the efficiency of the gardaí but they do not have the necessary tools to make them even more efficient in combatting crime, which is completely unacceptable.

I praise An Garda Síochána for the manner in which it has carried out its public duties over a long period of time against the most intolerable of circumstances in the context of what we have just discussed here concerning technology and resources. In particular, I praise the manner in which An Garda Síochána in my part of the world handled the visit of the Prince of Wales and the Duchess of Cornwall. It did a remarkable job and many of the gardaí, who I knew because they were drafted in from my part of the county, were working 24-7 to ensure that the visit would be peaceful and without threat, not only to the royal visitors but also to the public. They are to be applauded for that. Equally, last weekend with all of the hype that surrounded the Ireland-England football game, the manner in which the gardaí went about preparing for any eventuality was borne out when there was no trouble whatsoever, which is as it should be for a football game between two neighbouring and friendly states. Despite the fact that Ireland will always want to beat England, that everybody will want to beat England in any sporting international and the boredom of the match itself, one must again give praise to An Garda Síochána at all levels for ensuring that the citizenry who visited and those who live in the city of Dublin were protected at all times from any eventuality.

The gardaí are to be applauded for the job they do but for goodness sake, will the Minister give them the tools to carry it out more efficiently?

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