Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I will just have to plough on regardless.

Sinn Féin will be supporting the Bill. To a large extent, it is a relatively minor technical Bill. It is intended to address the unintended effect of the retirement provision applying to members of the Garda Síochána who entered service on or after 1 April 2004 and external candidates for appointment to the rank of Garda Commissioner or deputy Garda commissioner. It relates to section 4 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, which states that such members of the force shall cease to be members on attaining 55 years of age but may continue until 60 years subject to checks. The provision, however, has the unintended effect of creating a bar on the appointment of persons aged 55 or more to the rank of Garda Commissioner or to the rank of Deputy Garda commissioner where those persons are external applicants. Clearly, that is not sensible. We support legislation to rectify such an unintended but obvious anomaly and consequence.

As colleagues have said, it is vital that the process be as open as possible to external candidates. We previously expressed that it would be preferable to have an external candidate take on the position of Garda Commissioner for a number of reasons, one of which is that it would be invidious at this stage for somebody within An Garda Síochána to take on the position. A person from within the force would find matters difficult from the outset. We should be considering external candidates and, very likely, people from outside the jurisdiction. It is possible that the Minister has commented on this already but, if he has any update on the process for the appointment of the Garda Commissioner, it will be very welcome.

My colleagues in the Dáil expressed the view to the Minister that we would have believed it preferable to have an extended period with an acting Garda Commissioner, as is currently the case. They also expressed the view that it would have been preferable for the recommendations of the Commission on the Future of Policing in Ireland to have been reported before a Garda Commissioner was appointed in order to allow the Public Appointments Service and the Policing Authority to take account of them. While the Minister is proceeding in any event, we still have some concerns in this regard.

This is going to be a crucial appointment. With the right appointment, together with enthusiastic implementation of the recommendations of the Commission on the Future of Policing in Ireland, it may be possible to draw a line under recent controversies and begin a new future for policing in this State. As has been said, however, that would require the commission to come up with radical proposals, and these must be implemented fully and enthusiastically by the Government. It is essential, therefore, that we get the appointment right.

Let me add to previous observations regarding the maximum age, which, even after the enactment of this legislation, will still be 60. It is unusual that we require gardaí to retire at that age when in other areas we force employees to work for a longer period, perhaps up to the age of 67 or 68, in places they would rather not be. This is the other extreme. In many circumstances, those who would be forced to work for longer would be least likely to be able to do so. In the case of gardaí, however, there are people who would very much like to remain in service and who are perfectly capable of so doing but who are prevented from doing so. I ask the Minister to reconsider this.

The legislation is technical and is intended to rectify an anomaly. We will support it. I will assist in ensuring the process for appointing a new Garda Commissioner is robust.The right person must be appointed to ensure that there is a new era in An Garda Síochána. It is not very often it happens, on which basis I hope Senator Norris forgives me for using my script.