Helen McEntee (Meath East, Fine Gael) | Oireachtas source

I am pleased to bring the Garda Síochána (Functions and Operational Areas) Bill 2021 before the House. The Bill facilitates the introduction of a new Garda Síochána operating model and provides for drug-testing of Garda members, and civilian staff, working within An Garda Síochána. The main aim of the legislation is to make the technical changes needed to allow the operating model to be fully rolled out.

The new operating model will enhance the structure, processes and governance of An Garda Síochána, shifting a greater emphasis to local policing. The Bill amends references to Garda districts on the Statute Book to facilitate a divisional policing model. Most of the references to "Garda district" will be replaced with references to "Garda division". All services will be managed and co-ordinated at divisional level.

Divisions will be the primary operational and administrative units, acting as building blocks for the delivery of day-to-day policing. They will be more responsive to community needs and demands. The move from a district model to a divisional model has been recommended by the Garda Inspectorate on the basis that it would lead to greater consistency in the use of resources and would provide an opportunity to deploy members of the Garda with specific skills into certain areas such as the investigation of economic crime and cybercrime and, of relevance to our discussion later today, domestic, sexual and gender-based violence. Most importantly for the public, the new model will provide increased Garda visibility, more front-line gardaí and a wide range of specialised policing services in their local area.

At present, there are 28 divisions, each divided into districts. Under the new structure, there will be 19 larger divisions with autonomy to run local operations, while ensuring consistency and quality of service within the corporate framework. A division will have four functional areas covering: community engagement whichincludes roads, victim support, incident response and community policing; crime, which includes serious crime, security intelligence and immigration; performance assurance, which includes performance standards, internal discipline and engagement with the Garda Síochána Ombudsman Commission; and, finally, business services, which includes finance and logistics, human resources and general administration.

The operating model is being implemented within the wider programme of policing reform under A Policing Service for the Future, which is the Government's plan to implement the report of the Commission on the Future of Policing in Ireland. In September 2018, the report of the Commission on the Future of Policing in Ireland was published.The report presents a very clear vision for the future of An Garda Síochána. The consultation by the commission led to the development of key principles for policing in Ireland with a comprehensive set of recommendations to meet current and future challenges. This Bill relates to a significant part of the plan, that is, the introduction of a new organisational operating model for An Garda Síochána.

The Garda Inspectorate's Changing Policing in Ireland report of 2015 also supports the organisational changes being made. It underlines the advantages of having a smaller number of divisions and regions proposed in the new structure.

The operating model is being introduced as part of the Commissioner’s role under the Garda Síochána Act 2005 for the general management and administration of the organisation, including the deployment of members of An Garda Síochána throughout the State. Work has been under way for some time in An Garda Síochána to prepare for and implement the new organisational structure. The model was announced by the Commissioner in August 2019.

The Bill will also amend the rank at which certain responsibilities are assigned to ensure that the output and delivery of relevant services are not affected by the changes being made. There are numerous responsibilities assigned, in statute, to Garda members at superintendent rank. Given that roles at superintendent level are to be allocated on a functional rather than geographical basis, some statutory functions assigned to superintendents under the current model would be concentrated with a single superintendent of a division under a new structure. As this concentration of workload would impact on the delivery of the relevant services, for this reason the Bill reassigns some of the functions of a superintendent to the rank of inspector.

Part 4 of the Bill concerns amendments to the Garda Síochána Act 2005 to provide for drug testing within An Garda Síochána. A recent report of the independent Garda Síochána Inspectorate, entitled Countering the Threat of Internal Corruption, found that An Garda Síochána should further develop substance abuse policies and procedures, and introduce testing mechanisms. The amendments in this Bill will address those recommendations and will contribute to preventing and reducing corruption.

The establishment of an anti-corruption unit by the Commissioner in November 2020 highlights that the organisation is developing a range of policies to combat corruption in all of its forms. The introduction of drug testing will contribute to upholding the reputation and the integrity of An Garda Síochána, and to maintaining public confidence in the quality of policing services that are being delivered. The Bill, while technical, is an important piece of the legislative framework enabling the progression of policing reform measures.

Turning now to the individual provisions of the Bill. Section 1 contains the standard Short Title and commencement provisions. Section 2 sets out definitions used in the Bill.

Section 3 revokes the , which set out that the Garda Síochána is to be divided into districts and divisions. Subsections (2), (3) and (4) of section 3 are transitional provisions concerning the revocation of Regulation 1, which relates to divisions.These transitional provisions are necessitated by the fact that the operating model is to be introduced on a division-by-division basis. The legal basis for the model will be the determination of the Commissioner under section 33 of the Garda Síochána Act 2005. Subsection (5) provides definitions for terms used in that section.

Section 4 provides for the amendment of 32 Acts set out in Schedule 1 and seven statutory instruments set out in Schedule 2. References in that legislation to Garda "districts" will be replaced with references to "divisions" or other appropriate wording. It also amends references to "the superintendent" of a district. In most cases, this will be replaced with references to "a superintendent" in a division. This change is necessary, given that there will be multiple superintendents in each division. In some cases, this will be replaced with references to "an inspector".

The transfer of responsibilities is being made to ensure that the new structure does not have any impact on the delivery of the relevant services. The Bill makes this change in respect of gaming and lotteries in the context of the issue of fitness and probity certificates for the purposes of betting licences and for managers and beneficial owners of private members' gaming clubs. Where the function concerned is administrative in nature, for example, notice of a court application is to be given, the Bill assigns those functions to inspector level.

While not directly related to the introduction of the operating model, an issue was identified during the drafting process that a number of pieces of legislation refer to the "Dublin Metropolitan Area". This term is not used by An Garda Síochána, nor is it defined in legislation. The Bill makes amendments to clarify that references to the "Dublin Metropolitan Area" are to be read as references to the "Dublin Metropolitan Region", which is a region of An Garda Síochána.

Section 5 provides for the amendment of miscellaneous provisions listed in Schedules 3 and 4 to replace the phrase "district or place" with "area or place". There are several provisions across the Statute Book that use this phrase. They generally allow for a requirement to be imposed on a person that he or she reside in a particular district or place. This is the case when a person is released on bail, for example. As the word "district" could be understood to be a Garda district, it is being replaced with the word "area".

Section 6 provides for the amendment of the Firearms Act 1925 to provide a power for a superintendent to delegate specific functions. It inserts a new section 25CA into the Act. Under this section, a superintendent may appoint an inspector to perform certain licensing functions of the superintendent under the Act. These functions will remain at superintendent level. However, the proposed legislation facilitates the delegation by a superintendent of those functions, other than revocation functions, to an inspector. As the new Garda divisions will be larger in geographical size, it is envisaged that the delegation mechanism will be used to avoid the build-up of backlogs under the new model.

Section 7 amends section 10 of the , which requires persons to whom the legislation applies to make certain specific notifications at a district or divisional headquarters. References to district headquarters are to be removed, as they will no longer exist. Instead, the Commissioner will be able to designate stations other than district headquarters at which notifications can be made. The designation of Garda Síochána stations will be in writing and a list of the relevant stations must be published.

Section 8 is similar to section 7. It amends section 92 of the Criminal Justice Act 2006, which requires a person to whom the legislation applies to make certain specific notifications at a district or divisional headquarters. The reference to district headquarters is to be removed, as they will no longer exist. The Commissioner will be able to designate stations other than district headquarters at which notifications can be made. The designation of Garda Síochána stations will be made in writing and a list of the relevant stations must be published.

Section 9 provides a power for the Minister to amend specific references to a Garda district or Garda rank in statutory instruments and to make certain other amendments to give effect to a determination of the Commissioner of the Garda Síochána under of the which deals with the distribution of Garda members. The purpose of this section is to allow the Minister to make a statutory instrument to amend other statutory instruments that refer to the word "district". It is intended that any such amendment will be along the same lines as those being made in the Bill.

Section 10 is a general provision designed to capture any reference to Garda districts in the Statute Book that are not amended by the Bill. It clarifies that references to "district" on the Statute Book can be construed as references to the equivalent division. It also provides that references to superintendent in the context of a district are to be construed as references to a superintendent of the Garda Síochána in the equivalent division.

Section 11 provides that a reference in legislation to a Garda division will be read as a reference to a Garda Síochána division. This is to clarify the meaning of "Garda division", which is not generally defined in legislation at the moment.

Section 12 provides for the construction of references to Royal Irish Constabulary or Civic Guard districts as Garda Síochána divisions. There are several references to police districts in legislation dating from before the establishment of An Garda Síochána. This provision makes it clear that they are now to be understood as references to Garda divisions.

Sections 13 to 27, inclusive, are transitional provisions relating to the amendments being made by section 4. The transitional provisions address situations where, for example, court proceedings relating to an Act being amended are ongoing at the time the legislation comes into force. They will also address situations where an application has been submitted before the date of commencement but has not yet been determined. The purpose of the section is to ensure that court processes or applications will not in any way be adversely affected by the coming into force of the legislation.

Section 28 amends section 3(1) of the Garda Síochána Act 2005. It adds the definitions of "controlled drug", "psychoactive substance" and "sample" to the 2005 Act.

Section 29 amends section 26 of the 2005 Act. It provides that the Garda Commissioner may perform the functions assigned to him or her by regulations that establish, maintain and operate the drug testing regime.

Section 30 amends section 122(1) of the 2005. It adds the establishment, maintenance and operation of a drug testing regime to the list of issues for which the Minister may, having consulted with the Garda Commissioner and with the approval of the Government, utilise a regulation-making power. Section 30(b) inserts a new subsection in the 2005 Act that sets out the individuals to whom drug testing will apply: applicants to the position of Garda member; Garda trainees; existing members; and civilian staff of An Garda Síochána.

Section 31 amends section 123(2) of the 2005 Act. This amendment expands upon the Minister's pre-existing regulation-making power with regard to discipline. It provides that any drug test failure or any failure to comply with the drug testing regulations made under section 30 will result in a disciplinary procedure.

Section 32 amends Schedule 5 to the 2005 Act, which deals with breaches of discipline. Section 32 reflects the fact that intoxication in the context of a breach of discipline includes "liquor, controlled drugs or psychoactive substances" as opposed to the Schedule previously referring to "liquor and drugs" only.

I thank Senators for their attention. This Bill is just one part of a wider programme of reform measures being undertaken by An Garda Síochána, a programme that includes several legislative measures. I look forward to debating each of them in the House with colleagues in the near future.