Aodhán Ó Ríordáin (Dublin North Central, Labour) | Oireachtas source

Under the Bill, the policing authority will oversee the exercise of the Garda Síochána's policing functions. As I have outlined to the House under earlier amendments, the drafting of the Bill has proceeded in conjunction with ongoing legal advice provided by senior counsel to the Office of the Attorney General. This was done to ensure that the functions of the authority will be fully consistent with the exercise by the Government of the executive power of the State under Article 28.2 of the Constitution.

As I have indicated, in practical terms, there are constitutional limitations on the extent to which it is open to the Oireachtas, by way of legislation, to delegate the Government's ultimate power over policing to another body.

A key element of the approach that the Government has been advised, and legally compelled, to adopt is to avoid any suggestion that the ultimate capacity of the Government to intervene in the policing sphere might be unconstitutionally restricted.

The three areas that are covered by the Senator's amendments are the setting of priorities for policing within the State, the approval of the three-yearly strategy statement for the Garda organisation and the adoption of the annual Garda policing plan. For the purpose of addressing the amendments, I do not propose to enter into a detailed discussion of what is involved in each of these areas. However, it is clear, on any analysis, that we are talking about a set of very significant functions. The setting of priorities for An Garda Síochána is a matter of the highest importance in determining how gardaí operate in carrying out their functions throughout the country. These priorities, in turn, feed into Garda strategy statements and annual policing plans which play a vital role in directing gardaí. Furthermore, they are pivotal in terms of the allocation of financial and other resources throughout the Garda organisation.

In view of the importance of the functions involved and on the basis of legal advice provided by senior counsel, the Minister is satisfied that it would not be appropriate for final decisions to be taken by the policing authority in the matters covered by the Senator's amendments. For that reason, the Bill provides that the areas in question will be subject to a co-decision procedure with the authority, which will involve approval being given by the Minister. In the circumstances, the Minister considers the approach adopted in the Bill to be the correct one. Moreover, it is my understanding that similar arrangements apply in other jurisdictions, including Northern Ireland and Scotland. Accordingly, the Minister is not in a position to accept the amendments.