Seanad debates

Thursday, 3 February 2022

Garda Síochána (Functions and Operational Areas) Bill 2021: Committee Stage

 

10:30 am

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I thank the Senator for tabling these amendments. I understand the concerns and the reason they have been brought forward. However, I can allay his fears. His concerns are unnecessary. I cannot accept the amendments. They appear to be drafting changes primarily substituting "an inspector" for "the inspector". On the first amendment, the inserted section 25CA. provides that a superintendent can delegate functions to an inspector. The Senator proposes inserting "or inspectors". Under the Interpretation Act the singular is to be read as imparting the plural so the amendment is unnecessary.

The Bill provides that every delegated function "shall be exercisable and performed by the Inspector in his or her own name". Amendment No. 2 would change this to "an Inspector". The definite article should be used here as the function is to be performed by the inspector to whom the function is delegated.

Amendments No. 4 to 6, inclusive, relate to transitional provisions in the Bill that address a situation where an application has been sent to a superintendent before the commencement of the Bill and needs to be dealt with by an inspector after the date. This has been discussed with the Office of the Parliamentary Counsel, OPC. I do not believe there is any issue with this section but it will be further examined before Report Stage.

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