Seanad debates

Tuesday, 9 June 2015

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

 

2:30 pm

Photo of Paul BradfordPaul Bradford (Independent) | Oireachtas source

We are now told that the Minister has no responsibility and it is passed on the HSE. The same applies in other Departments. While setting up authorities, and transferring powers and responsibilities from the Minister's desk elsewhere initially sounds very positive we must reflect on the downside that we always need political accountability.

This can be contrasted with the system in countries such as the United States where every position of responsibility from president to dog catcher is voted upon by the people. There is a very clear chain of command between citizen and politician and the buck stops with someone. However, we are arriving at a political place where it is impossible to know where the buck stops. Notwithstanding the perhaps desirable improvements which will flow from this legislation I am a bit worried that it adds to this chain of new commands where everybody is in charge but nobody is accountable.

I am sure we will go through this in greater detail with the Minister on Committee Stage. However, I wanted to put that on the record because it is something I have seen over recent decades in this place. It is becoming increasingly difficult to find who is in charge and where to pin accountability. I do not say that in a negative fashion. The public elect Members of the Dáil, who in theory elect a Taoiseach, who appoints a Cabinet, which is approved, on behalf of the people, by the Houses of the Oireachtas. Across all Departments those people should be responsible and accountable. However, we are actually moving away from that.

I would certainly welcome very much a Garda code of ethics. We should not need a new authority to have such a code. The new system for appointment of a Garda Commissioner appears relatively transparent, and if that is how it transpires, I would welcome it.

The Bill states that the principal Act will be amended to give the authority a role in the training etc., and provision of powers and duties to the reserve members of the Garda Síochána. I raised the matter with the Minister, Deputy Fitzgerald, approximately 12 months ago. Whether it is the Garda, the Minister or the Government, we have all failed to advance the reserve force to the successful body of men and women it could be. One of the pluses may be that the new authority will focus on that sort of thing. A large number of people could play a very constructive role in the Garda reserve force if they could be encouraged to join, but we need to work on that.

I welcome the possibility of the local authorities becoming more hands-on in conjunction with the new authority regarding local policing, community CCTV, etc.The joint policing committees work well and if we can expand them, all the better.

I welcome Part 6 of the Bill on co-operation with other police services and the particular reference to our friends across the Border. It is also welcome that the legislation will allow for the policing authority, with the approval of the Government, to appoint members of the PSNI to the ranks of An Garda Síochána at a level not above assistant Garda commissioner and not below superintendent. This is a senior level in the force. Reading this Part of the Bill again causes me to pose the question of where we are exactly in the appointment of people from outside the force to positions within it at that level. This relates to positions that require particular expertise. It is a little like the old argument my former colleague Austin Deasy was wont to make on many occasions about the appointment of people from outside the public service to particular ambassadorial roles in certain embassies of strong commercial importance to the country. We should reflect on the possibility of appointing people who are not members to the Garda force at certain senior levels. It is something which could prove useful. Perhaps this is being considered in other legislation or perhaps it is included elsewhere within the ambit of the legislation. Section 39 allows me to reflect on the issue.

I will take up the issues raised more fully with the Minister on Committee Stage. In her absence I give a general welcome to the proposed legislation. I concede that I am far from expert on the matters raised, but I outline my concerns to the effect that while new authorities sound very progressive, no word is abused more in politics than "progressive". The authority sounds progressive, but I sound a word of caution because the more we remove decision-making from the Minister, the Cabinet and the Oireachtas, the more we remove the concept of someone being held accountable.

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