Seanad debates

Wednesday, 6 December 2023

Policing, Security and Community Safety Bill 2023: Committee Stage

 

10:30 am

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

I too welcome the visitors in the Gallery. I am not sure we will get to that section. We are working through the Bill anyway and are obviously committed to working with all of them as the Bill progresses and beyond.

Obviously the amendments collectively are relating to policing principles. I will speak to the first one and then group the others together. Amendment No. 7 proposes to add the phrase "in accordance with law". The principles of policing services are to be provided both independently and impartially. This is something that was raised in the Dáil previously. I accept the underlying principle for this but it is just to say that all public bodies are required to carry out their legal obligations in accordance with the law. It must simply go without saying. In particular, An Garda Síochána members are bound by a solemn declaration to comply with the law and all Garda personnel will also be bound by the standards of professional behaviour that are provided for in section 2(5)(viii) of the Bill which will be informed by a code of ethics which is then provided for in section 78 of the Bill. This is unnecessary because it goes without saying that gardaí must conduct their work in accordance with the law at all times. As I said, the declarations and indeed the professional behaviour standards that they are bound by are set out in a number of different sections.

In regard to section 4 more broadly - the following amendments are connected with this - it contains a significant expansion of the meaning of policing principles compared to the current Act. There is a new reference to community safety. There is an important change from respecting human rights to protecting and vindicating human rights. There are also new references to being accessible to and engaging with communities and to providing policing in a national framework that has a particular regard to communities. All of this is new, enhanced and amended, compared with the current Act.Our gardaí and the relationship they have with our communities, and by that I mean all communities, is something other policing services look on with admiration. That is not just because we have, for the most part, an unarmed force, but the way in which we police and the way we have always policed directly with communities have resulted in that connection, which perhaps does not exist in other countries. There are always ways in which we can improve it. Again, however, the fact is we have expanded the meaning of policing principles to include a reference to community safety, and references to respecting human rights have moved to protecting and vindicating human rights. There are new references to being accessible and engaging with communities, and providing a national framework that has a particular regard to communities. Most importantly, a new provision states that "every member of garda personnel is required to act professionally, ethically, with integrity and in a manner that protects and vindicates human rights". These are very progressive and inclusive changes that will support the work of An Garda Síochána.

Amendment No. 8 proposes to add the term "and upholds equality". As I noted, this principle has been significantly expanded in the Bill. The view I take is that upholding equality is inherently within the protection and vindication of human rights. That specific reference was just mentioned.

I understand the objective of amendment No. 9, but it is something I do not think is necessary. The administration of justice that is proper, effective and, of course, fair is encompassed in the expansion I just mentioned.

Amendment No. 10 references a "a whole of community response to public safety". I agree with the principle here but the principles outlined in the Bill have been expanded significantly to make a number of references to communities. Again, references in the Bill to being accessible, engaging with communities and providing a framework that has a particular regard to communities is all to make sure that every person in every community has access to members of An Garda Síochána and that gardaí are engaging with and consulting them and making sure they are supported in whatever way is necessary.

On amendment No. 11, securing the confidence of the public and its trust are essentially one and the same. If you have the confidence of the public, it should mean that you also have the trust. Again, it is not that I do not agree with what is being proposed but I am not sure, in a Bill of this size with the ways we have expanded it already, that putting in duplications will strengthen it any further.

I reassure Members that the intent in all the amendments tabled is captured in what is in the Bill. I do not disagree with Members. I absolutely support what is being proposed, but it is captured not just by what was already in the Bill but in what has now been expanded in the current legislation.

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