Trevor Ó Clochartaigh (Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit. Tá mé sásta go maith go bhfuilimid ag déanamh plé ar an mBille seo inniu. Caithfidh mé a rá, áfach, gur mór an trua é go raibh orainn tamaillín a chaitheamh ag fanacht leis. Caithfear a rá freisin, i gcomhthéacs an réimse fada a bhaineann le riaradh agus cur i bhfeidhm cúrsaí dlí agus cirt sa Stát seo, go raibh cúlra trioblóideach go leor ag baint leis an reachtaíocht seo agus go bhfuil muinín an phobail imithe i léig, i ndáiríre, mar thoradh ar sin. Tógfaidh sé tamall an muinín sin a thógáil arís. This Bill is a small step in the right direction, albeit one that requires some tweaking.

Sinn Féin has consistently called for the establishment of an independent policing authority. Such an authority is central to the reform of policing. An independent policing authority formed an integral part of our reform document published last year, following all of the submissions made in this state and given the experiences of our team who negotiated the changes in policing in the North. Therefore, establishment of a policing authority is welcome.

There are a number of provisions in the Bill which are commendable. The consultations and co-ordination with joint policing committees, in particular, are welcome. The creation of Garda performance targets is also commendable, as is the establishment of a code of ethics for the Garda. The overall objective in holding An Garda Síochána to account and providing for effective oversight is what is needed. Unfortunately, there are a number missed opportunities. The Bill should have ensured the policing authority would be truly independent in carrying out its functions. I note its limited independence in the appointment of the Garda Commissioner and deputy Garda commissioners. We support the recommendation of Transparency International that the authority have an unrestricted ability to appoint and remove senior officers of An Garda Síochána, irrespective of rank. Sinn Féin believes an independent member of the Judiciary, as appointed by the Chief Justice to do so, not the Minister, should be responsible for the final determination of disputes about whether a particular matter relates to policing or security services. In a number of areas the Bill should be amended to remove the requirement that the authority should seek the consent of the Minister before exercising a particular function. The requirement that the authority should seek the consent of the Minister before approving the annual report, as well as the Minister's - as opposed to the Garda Commissioner's - involvement in setting Garda priorities limit the independence of the authority and undermine its purpose.

I note the membership of the authority. Sinn Féin has called for a 21-member authority to allow for a diverse membership that is representative of society. Such an authority would comprise 12 ordinary members who are representative of society and nine political members elected based on the d'Hondt method. The chairperson should also be elected by the ordinary members as opposed to being appointed by the Minister.

The absence of political representation on the authority is a mistake. Political representation, as in the North, would ensure public accountability and help to develop confidence in the policing authority. The make-up of this political representation, as proposed by Sinn Féin, would not compromise the independence of the authority, as it would ensure an inbuilt independent majority of 12 members at all times.

Sinn Féin welcomes the establishment of the policing authority. However, the challenge remains to ensure that the authority is truly independent in the exercise of its functions. We believe in a new beginning for policing similar to what happened in the Six Counties. We want an open and transparent policing service that is representative of all residing in the State. It needs to be a service that is strengthened, sustainable and capable of delivering on the needs of a modern force, helping to rebuild public confidence in our justice system. The Bill goes some of the way to creating such a service. However, as I have outlined, the authority could be strengthened in a number of ways, particularly regarding its independence and oversight responsibilities. Sinn Féin will seek to make such amendments on Committee Stage.

The Minister raised the issue of rural policing when she was here. Members of An Garda Síochána have recently brought to my attention their concern with the new rostering system which they feel does not suit rural areas. In Connemara, for example, due to reduced numbers in urban areas, such as Salthill, gardaí on a regular basis are being brought in from the rural stations to service the core needs in the urban stations, which leaves the rural stations without cover on many occasions. I believe part of the issue relates to the new rostering system that has been introduced. That is what gardaí on the ground are telling me and we need to debate the matter again at another juncture.

I recognise that there have been quite a number of Bills, as mentioned by Senator Bacik. However, when the Freedom of Information Bill came before us, it was quite detrimental that justice systems, such as the refugee and asylum system, were not brought under the remit of that Act as called for by the Ombudsman and the Ombudsman for Children. I hope we revisit that decision. In addition the Ombudsman's remit should be extended.

Cé go gcuirimid fáilte leis an reachtaíocht seo, tá sé i gceist againn teacht chun cinn le leasuithe ar Chéim an Choiste. Tá súil againn go dtógfaidh an tAire ar bord na leasuithe sin. Táimid ag tacú leis an mBille ar an gCéim seo.