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

I cannot comment on why the GRA did not speak before the justice committee. The current arrangements for the issuing of directives to the Garda Commissioner by the Minister are to be found in section 25 of the principal Act. In particular, Government approval is required before any directive can be issued. Where a directive is issued, it must, except in certain cases relating to sensitive matters, be laid before both Houses of the Oireachtas. Section 23 of the Bill amends the current provision in the principal Act to enable the policing authority to recommend to the Minister that a directive on a specific matter relating to policing services be issued to the Garda Commissioner. This provision recognises there may be circumstances in which the authority considers Government or ministerial intervention is appropriate in a particular instance.

As I outlined to the House on other amendments proposed by the Senator, 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 control over policing to another body. Having considered the relevant legal advice provided by senior counsel on the application of Article 28.2 of the Constitution, the Minister believes there would be constitutional difficulties in seeking to enable the authority solely to direct the Garda Commissioner on policing matters. The effect of the Senator's amendment would be to give the authority capacity to issue a directive "concerning any matter relating to the Garda Síochána" without prior Government approval. Under the amendment, the authority would be in a position to issue a directive to the Garda Commissioner on a security matter, for instance, even though such matter would not fall within the remit of its functions.