Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Joe McHugh, and the opportunity to speak about the Bill. I am delighted that the legislation has been introduced in the Seanad, something which is always worth noting. The legislation which is welcome provides for significant reform in the governance, structures and performance of An Garda Síochána. This reform is long overdue and represents long-standing Labour Party policy. The legislation provides us with an opportunity to catch up and make good the missed opportunity that was the Garda Síochána Act 2005. Like many others, I made the point that a Garda authority should have been introduced at the time. It was a missed opportunity, but it is most welcome that the Government is now addressing the matter.

I thank the Minister for Justice and Equality, Deputy Frances Fitzgerald, for making available to us, as she had said she would, a consolidated version of the 2005 Act, which will be amended by this legislation. On that note, I have a minor technical quibble with the titles of its sections. When one tries to read its, alongside the 2005 Act, some of the provisions refer to amendments of the principal Act. For example, section 11 reads, "Amendment of section 12 of the Principal Act". In fact, section 10 amends section 11 of the principal Act but instead uses a substantive title concerning the removal of the Garda Commissioner, deputy commissioner and so on. There is an inconsistency in the titles of sections that makes it a little more complicated to deal with. A consolidated version would, therefore, be most welcome.

The Minister has referred to this legislation in the context of the package of policing reform measures she has been introducing and that the Government has introduced. I am particularly delighted by her announcement of the appointment of a retired judge in the context of the independent review mechanism. This development is welcome. Recently in the House we debated the GSOC amending legislation which was welcomed. Many of us have also welcomed the new Garda recruits or the renewal of the Garda recruitment process and the fact that the freedom of information Acts have been extended. There have been some very welcome developments. However, we also need to acknowledge the many structural flaws in and problems with existing policing structures, as identified in the Garda Inspectorate's report last year and referred to by the Minister. The Oireachtas Joint Committee on Justice, Defence and Equality also conducted hearings on the matter when we heard in some detail from the members of the inspectorate about the difficulties they had identified. Clearly, these matters are being addressed.

In the justice committee's 2014 report, to which the Minister also referred, on the 2005 Act we made a number of important recommendations. I am really glad that the Bill has taken these recommendations into account. Many of them will be implemented in this legislation. We recommended that the selection of nominees to the Garda authority become the responsibility of the Public Appointments Service. I am glad to see that this has been done, although I take on board Senator Katherine Zappone's comments in that regard. Ms Josephine Feehily is an excellent recruit as chairperson designate of the policing authority and I have welcomed her appointment in the House.

We also recommended that members of the proposed authority be removed for stated reasons but only by way of a Government resolution passed by both Houses of the Oireachtas. It is welcome that that recommendation has been adopted.

In terms of the membership of the authority, we did not recommend a specific number of number but pointed to the 13-member model in Scotland which we saw as useful. However, having nine members also makes sense.

One of our recommendations was that consideration be given to the inclusion in the new Garda authority of groups to represent current societal issues. I welcome the inclusion in section 44 of the legislation of the proposed new section 62D which sets out specifically the criteria for the appointment of ordinary members of the authority. In particular, they should have knowledge of and experience in matters connected with human rights and related matters. It also stipulates that work undertaken by voluntary or other groups or bodies with local communities and so on should be taken into account. This provision meets in a more detailed and elegant fashion our concern that there be a broad reflection of Irish society and certain expertise in the authority. We will probably debate these issues in more detail on Committee Stage.

We recommended that sections 9, 10 and 13 of the 2005 Act be amended in order that the appointment of senior officers would become the responsibility of the policing authority. I am glad that measure is being introduced and that the authority will be required to account to the Houses of the Oireachtas. I note that there is provision in this legislation that the authority will be accountable to Oireachtas committees, in particular the Committee of Public Accounts.

We recommended that the Garda authority have the power to refer matters to GSOC and the Garda Inspectorate. It is welcome that these recommendations are being implemented in this legislation.

There are a number of very important provisions dealing with matters such as a code of ethics which are hugely welcome. Also, there are the general provisions as regards the functions of the policing authority which fit with what was recommended by the Oireachtas Joint Committee on Justice, Defence and Equality. I am conscious of the fact that we also recommended in 2014 - it is a matter about which we have talked in the House before - the formation of an overall criminal justice inspectorate to oversee and supervise the administration of all aspects of the criminal justice system. This development may be further down the line. However, it very welcome that we will finally have a policing authority which, as I said, has been a long-standing policy of my party. It comes ten years after the hugely reforming 2005 Act. All of this shows that the Government is dealing with many legacy issues concerning inadequacies in the governance and accountability structures for policing. It is welcome that we are addressing the matter.

As others have done, I acknowledge the important and often dangerous work done on a daily basis by members of An Garda Síochána. The Bill will genuinely assist, help and support those members who carry out their functions with such diligence. I welcome the legislation and look forward to the Committee Stage debate.