Trevor Sargent (Dublin North, Green Party)
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Question 912: To ask the Minister for Justice, Equality and Law Reform the delay in having some senior Garda personnel seconded to the police service of Northern Ireland; and if his attention has been drawn to the importance attached to such secondment in the interests of ensuring the police service of Northern Ireland is representative of different traditions at senior grades as well as at lower grades. [24319/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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On 29 April 2002 the Irish and British Governments signed an agreement on police co-operation providing a framework for the implementation of certain Patten recommendations on enhanced police co-operation. The implementation of Articles 1, lateral entry, 2, secondments with police powers, and 5, personnel exchange without police powers, of the agreement is a key measure towards improving the level of cross-community confidence in the impartiality of the criminal justice system.

The legal basis for secondments and permanent appointments is contained in the Garda Síochána (Police Co-operation) Act 2003. Specifically, the Act provides that members of the Garda Síochána and the PSNI will be eligible to apply for certain posts in the other police service, and for the secondment of members of each police service to the other police service, with full police powers, for periods not exceeding three years.

While secondment means appointment to the host service for up to three years, with the seconded officer exercising police powers in the host jurisdiction, and having the rights and obligations of an officer of the host service, personnel exchange means placement with the host service for up to one year, without the exercise of police powers in the host jurisdiction. Legislation was not required for the implementation of a programme of personnel exchanges.

The Garda Síochána (Police Co-operation) Act 2003 has been commenced by way of ministerial order with effect from 1 May 2004. Regulations are not required for secondments and personnel exchanges. The Garda Síochána Act 2005 was enacted in July 2004. It incorporated the provisions of the Garda Síochána (Police Co-operation) Act 2003.

On 21 February 2005 the Garda Commissioner and the Chief Constable of the PSNI signed protocols which provide for the implementation of a programme of personnel exchanges and secondments between the Garda Síochána and the PSNI. These protocols set out a framework for the operation of personnel exchanges and secondments.

Discussions between my Department and the Garda associations have continued regarding the implementation of the intergovernmental agreement on police co-operation. In this regard, I am pleased to say that the Garda associations conveyed their agreement in July 2005 to the arrangements that would apply to implementing a programme of personnel exchanges.

Following this, the Garda Commissioner and Chief Constable have engaged in active discussions with a view to commencing the programme of personnel exchanges in the coming weeks. I welcome the implementation of the programme of personnel exchanges and believe that it represents clear evidence of the continued commitment of both Irish and British Governments to the successful implementation of the intergovernmental agreement on police co-operation and, in turn, to the implementation of the recommendations of the Patten Commission. Furthermore, I believe these exchanges will take co-operation between the two police forces to a new level and will bring benefits to both jurisdictions in the form of improved effectiveness in crime prevention and detection.