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

I thank the Senator for the amendments. Again, all of them are particularly focused on the functions of An Garda Síochána under section 9. In amendment No. 12, the Senator is proposing to insert the phrase "preserving safety and security in our communities." If one looks at the section and the objectives of An Garda Síochána - and I know the Senator is saying that it does not specifically say security or safety - it includes concepts such as preserving peace and public order, protecting life and property, preventing crime and preventing harm. One could take from that - and I certainly do - that the objective of safety and security of communities is absolutely intrinsic. There is also a definition of "vulnerable or at risk", which is clearly linked to community safety and something to which we have spoken previously.

On amendment No. 13, the proposed new paragraph has the objective of preventing harm to classes of persons who are disadvantaged by reference to a number of factors. The Senator set those factors, which relate to the Employment Equality Acts and the Equal Status Acts, clearly in the amendment. To revert to my previous point, I do not want to be so prescriptive that we could potentially exclude people. The objective behind amendment No 13 is sufficiently covered where we refer to preventing harm to individuals and, in particular, to individuals who are vulnerable or at risk. The definition of what constitutes being vulnerable or at risk is already set out. I have explained that definition in some of my previous responses.

Amendment No. 14 - and I am not trying to be derogatory here - essentially mirrors what is contained in the Garda Síochána Act 2005. It is a clear definition. It applies to those who have committed criminal offences. I am sensitive to what the Senator said and the matter that has been discussed. It is not in any way to label people, but it is a clear definition applying to somebody who has committed a criminal offence. It is important that our legislation is precise and that it reflects reality and everything we are talking about here. To all of Senator's points, we need to ensure that people have the ability to change their lives around and be able to move on from their past and from criminal acts they have engaged in committing. That is very important. It is something I am committed to in working with the Probation Service, looking at restorative justice and looking at the ways in which we can invest in our youth diversion programmes and invest in our young people, including those who are getting involved criminality at an earlier age. In the context of the Bill, we need to have definitions that are precise and that reflect what we are talking about.

Amendments No. 15 and 16 are very much interlinked. We talk about facilitating restorative justice and rehabilitation. I absolutely believe that gardaí have a key role in this regard. It is important that it is not just gardaí, however. By including these amendments, we would place a greater onus and emphasis on gardaí to be responsible for rehabilitation of criminals and for restorative justice. Obviously, it is also about prison services, the Probation Service, youth justice programme, etc. It is very important to consider where we have already expanded the role, the objectives and the functions of An Garda Síochána in the Bill. To expand it even further without reference to the other bodies and agencies that play a vital role would place undue pressure and emphasis on gardaí. Obviously, they have a role, but they are not solely responsible.

With regard to amendments Nos. 17 and 18, I appreciate what the Senator said but it is my understanding that amendment No. 17 would have the effect of splitting the objective of improving road safety from regulating and controlling road traffic. While they are arguably different objectives, they are inextricably linked. I am not sure what would be achieved by separating the two. While they are separate objectives, they are very much linked with the theme of road safety and so should remain in the same paragraph. My reasoning for this is consistency in the approach to drafting that has been taken in other paragraphs as well. What is proposed would have a knock-on impact on other paragraphs.