Alice-Mary Higgins (Independent) | Oireachtas source

We have not sought to remove the phrases pertaining to investigating or prosecuting offences. Where an offence is being investigated, of course it is appropriate that the data can be accessed. What we have addressed is the question of prevention and detection. It needs to be seen alongside the wide definition of "offences" that is given here. The Irish Human Rights and Equality Commission has highlighted to the UN the questions and dangers in respect of profiling in policing. That has been raised at UN level. Ireland cannot be complacent about its records in that regard. Despite there being limited resources, we often see that quite a lot of resources tend to be directed towards the prosecution of even very minor crimes in some communities yet there is not the same level of prosecution of equivalent or even more serious crimes in other communities. That has been the experience. It is part of a wider reform of policing culture. I am aware that a process is under way through the Commission on the Future of Policing and other initiatives. However, we certainly cannot be complacent. I will not be comfortable until we start seeing reports about the brilliant changes that have happened in policing, hearing how all of the great things in the Commission on the Future of Policing report have happened and until we have UN committees saying it is all going great. Then I will certainly be a little bit happier about widening the powers.

The proposed provision is narrower than what we have at the moment but what we have at the moment is not good. We are not arguing in favour of what we have at the moment. We are arguing in favour of going a little bit further in clarifying and narrowing the remit. I think we and the Minister will just have to disagree on this one. I am concerned that we will be on a watching brief as to how those powers of prevention of offences are being used.

The Minister mentioned that there is going to be work on legislation in the autumn. We need to start disaggregating data in terms of who uses these powers, where they are used and around what kinds of offences. This is the problem of the superintendent not having to go to anybody to seek this permission. Not now, but perhaps on some of our later amendments, the Minister might discuss how we track the patterns that are emerging and ensure we do not have inadvertent overuse of these powers in respect of minor offences or particular communities. We will need a watching brief on that.