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

I thank the Senator for outlining the proposed amendment. The objective is to expand the code of conduct - to not just look at the code of conduct but at what happens if somebody breaches it. I understand the reasoning behind it. However, it would be better for it to be taken into consideration as part of the regulations specific to what happens next. Section 257 provides for the making of regulations by the Minister concerning the procedures to apply to address misconduct by members of An Garda Síochána.These procedures will be separate from the code of conduct. It would be best to have them done by regulation rather than having them in primary legislation as well. Misconduct is defined as a breach of the standards of professional behaviour to be prescribed under section 258. In prescribing the standard of professional behaviour under section 258 the Minister is to have regard to the code of ethics. This will be very much linked with the code of ethics. It will set out what will happen where somebody breaches, fails to comply with or goes outside the code of ethics. It is standard practice not to have this in primary legislation and to deal with at a later date.