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

Section 101 provides that the Garda Commissioner is liable to an action for damages in respect of damage resulting from an actionable wrong committed by a member of An Garda Síochána acting in the course of performing the member's functions. It restates section 48 of the 2005 Act, subject to amendment, to substitute the Garda Commissioner for the State. The section confirms the liability of the Garda Commissioner for any of these actions. The amendment would see subsection (5) expand to clarify that this liability only extends to a wrong committed by the use of a vehicle belonging to the State when the vehicle is being used in fulfilment of professional functions.

I do not support the amendment because I do not believe it is required. Liability under subsection (1) only exists with regard to the member concerned where he or she is performing his or her functions under the Act. Therefore, the proposed clarification is not required. Where a vehicle is being used for a purpose other than a professional function, the member concerned would not be performing a function under the Act and, as such, subsection (1) would not apply. For this reason, I cannot support the amendment. As I said, it is not required because if a vehicle was being used for a purpose other than a professional function, it would not come under the Act.