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

I am pleased to introduce the Policing, Security and Community Safety Bill 2023 to the House. As Senators will be aware, it gives effect to a programme for Government commitment. It also forms part of the wider policing reform programme called A Policing Service for Our Future, published by the Government in December 2018 to implement the recommendations in the report of the Commission on the Future of Policing in Ireland. This report was a comprehensive examination of all aspects of policing, including all functions carried out by An Garda Síochána and the totality of the policing oversight, governance and accountability arrangements.In developing this Bill, there has been extensive consultation with stakeholders, including the Garda, the policing oversight bodies, the Data Protection Commission and all Government Departments. The Bill also takes account of the recommendations of the pre-legislative scrutiny report of the Joint Committee on Justice and the submissions of the various contributors to that process.

The Bill has four main objectives. It aims to make community safety a whole-of-government responsibility. This is based on the view that promoting safer communities through preventing crime and harm, particularly to individuals who are vulnerable or at risk, is a shared responsibility. It involves not just the Garda but also Departments, agencies in health and social services, local authorities and the wider community working together. This is linked to the key finding of the Commission on the Future of Policing in Ireland report that the prevention of harm to individuals, particularly those who are vulnerable or at risk, should be an explicit objective of the Garda as this reflects the reality of day-to-day policing.

The second objective is to strengthen independent external oversight of the Garda. The Bill introduces a package of measures to ensure this oversight framework for policing is coherent, thereby supporting clear and effective accountability and, ultimately, better policing. The Bill does this through the establishment of a new policing oversight body and a reformed system for the handling and investigation of allegations of Garda wrongdoing.

The Bill strengthens internal governance by establishing a new non-executive board of the Garda. This is a corporate governance standard across the public and private sectors. The Garda Commissioner will be empowered to exercise functions relating to workforce planning, HR, industrial relations and finance. The Bill provides that the Commissioner is operationally independent but will be also supported by, and report to, the board.

The Bill also improves the oversight of national security arrangements in the State by providing for the establishment of an independent examiner of security legislation.

I will now briefly set out the main elements of the Bill. It is broken into ten Parts with 300 sections and seven Schedules. Part 1 sets out key definitions of the Bill and the policing principles which underpin the provision of policing services in the State.

Part 2 details the functions of An Garda Síochána and, among other things, the arrangements for its governance, organisation and personnel, and the relationship with the Minister and Government. This includes provision for the Garda Commissioner to recruit Garda civilian staff directly into the organisation as public servants, which will foster the idea of a Garda career for all Garda personnel, members and civilian staff alike. It also provides a mechanism for designating existing civilian staff as public servants working for the Garda. However, I want to stress that the commencement of the legislation will have no automatic effect on the current position of existing civilian staff. There will be no change in this regard until an order has been made by the Minister. This area is currently the subject of detailed consultation with the unions concerned and my Department has recently confirmed that no such order will be made until at least 1 January 2025. It is also worth noting that the increased civilianisation of roles that is likely to follow from enactment of this Bill is likely to result in further career and promotional opportunities for such Garda staff.

Part 3 provides for a framework at both national and local levels which will underpin a new whole-of-government approach to community safety. This will promote safer communities through the prevention of crime and harm, and will involve the Garda, Government Departments, agencies, local authorities and, above all, the communities themselves working together to achieve this objective.

Part 4 provides for the establishment of the new policing and community safety authority. The new body will merge the existing broad-ranging oversight functions of the Policing Authority and the inspection function of the Garda Síochána Inspectorate, building on their good work to date.

Part 5 provides for the reform and reorganisation of the Garda Síochána Ombudsman Commission while Part 6 provides for the reformed processes and procedures relating to the handling of complaints and the conduct of investigations into allegations of wrongdoing on the part of Garda personnel. The objective of the reforms proposed in both of these Parts is to deliver a more advanced complaints and investigation system that is more efficient, effective and fair, thereby ensuring a better experience for all involved.

Part 7 provides for the establishment of the office of the independent examiner of security legislation which will help promote public confidence in national security measures and enhance the national security response. The primary function of the independent examiner will be to keep under review the operation and effectiveness of security legislation to ensure it remains necessary and fit for purpose, and contains appropriate safeguards. It will also have a general examination function in respect of the delivery of security services and it will also review refusals of information to the policing oversight bodies on grounds of security.

Part 8 contains regulation-making powers in relation to the management of the Garda and other matters.

Part 9 addresses a number of miscellaneous matters, including a specific data-sharing provision between the Garda, the new policing and community safety authority, the police ombudsman and any other prescribed bodies solely for the purpose of the exercise of their functions.

Part 10 contains consequential amendments to a number of other Acts.

I will take this opportunity to again thank Deputies in the Dáil for their previous engagement with this Bill. The Committee and Report Stage debates gave an opportunity to clarify a number of issues. These included the status of Garda civilian staff, the new role envisaged for the Policing Authority, the role of the proposed board of the Garda and the nature of the reforms proposed to improve the Garda complaints process. I also brought forward amendments relating to the official names of policing bodies in line with the Official Languages (Amendment) Act 2021. I look forward to constructive and similar engagement with Senators in this House. I also intend to introduce some further amendments at the next Committee Stage, mostly technical but some born out of further consideration of certain issues in the Bill.

I am satisfied the reforms included in this Bill will see the policing and security landscape entirely transformed over the coming years with a new, clear governance and oversight structure and framework for policing, the strengthening of oversight of national security arrangements and the introduction of structures to foster multiagency responsibility, and drive interagency collaboration, in the pursuit of community safety.

I look forward to hearing Senators' contributions. I commend the Bill to the House.