Seanad debates

Wednesday, 12 October 2016

Judicial Appointments and Threatened Industrial Action by An Garda Síochána: Statements

 

10:30 am

Photo of Lorraine Clifford LeeLorraine Clifford Lee (Fianna Fail) | Oireachtas source

I wish to share time with my colleague, Senator Robbie Gallagher. I thank the Minister for coming to the House to address these two important issues.

The decision of An Garda Síochána to strike is not one that Fianna Fáil supports or agrees with. However, it shows that there is rampant demoralisation and anger within the force. We need a commitment from the Government that it does not intend to allow a stand-off between the Garda Representative Association and the State. It is essential that we see the Government re-engage with Garda representatives.

We learned on 28 September that the Garda Representative Association had voted for industrial action for four days in November. Fianna Fáil immediately raised this issue in the Dáil. This is an unprecedented development which would have serious consequences not just for the Garda but for the public as well. As we know, unlike other workers, gardaí do not have the right to strike. An Garda Síochána has always served the State with great pride and its members take an oath to defend the public and the State. However, the decision to strike, which Fianna Fáil does not support or agree with, nonetheless shows a rampant demoralisation, as I have already said.

The Government has been aware that industrial relations issues have been brewing in the Garda for some time. This Government has been in place for five months and among the major issues on its agenda are public service pay and industrial relations problems within the public sector.In recent months deals have been done in respect of low grade entry level nurses and teachers and allowances for firefighters, yet the Government only entered into what it thought would be an agreement with the GRA late on Friday, 23 September 2016. It is to be regretted that the Government has stumbled and stalled in dealing with the challenges facing An Garda Síochána. The Government must recognise that reports by GSOC, the Policing Authority or the Garda Inspectorate will be meaningless unless the Garda Síochána has good morale within its force and feels its members are being respected and valued by the State and the Government. Morale is low because of the terms and conditions. It is clear the grievances of gardaí are not being treated seriously by the Government.

In the confidence and supply agreement with Fianna Fáil, the Government agreed to establish a commission on public service pay. The Minister said the commission will report in the middle of next year but did not specify when it will be established. Will she address that? I am calling on the Minister to give a commitment that the Government will engage with the GRA to defuse the situation immediately.

I will touch on the issue of judicial appointments. Fianna Fáil recently published a Bill to provide for the establishment of an independent judicial appointments commission that would recommend persons for appointment to judicial office based solely on merit. The timescale and delay by the Government in dealing with the issue has prompted Fianna Fáil to put forward its own Bill. We are fortunate in Ireland to have a staunchly independent Judiciary. This is in spite of, rather than because of, our system of appointing judges. Fianna Fáil’s legislation provides for an independent commission that can recommend and rank, based solely on merit, a small group of substantially qualified persons to be nominated. A merit-based system of appointment will enhance the principle of judicial independence. Publishing the Bill would remove the possibility of Government foot dragging for any longer on establishing a judicial appointments commission, which would be required to make recommendations to the Minister for Justice and Equality based on merit.

The Minister touched on the vacancies in the Judiciary and we call on her to fill them as a matter of urgency. There is no reason they cannot be filled.

I will give my remaining time to my colleague.

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