Paragraphs (a) to (f) very specific, and (g) are simply to make provision to allow for "any other matters that the Board thinks fit" in producing the annual report. I cannot imagine that the report would have a reference to hospitals, shops, retail or any other matter that does not involve the role of An Garda Síochána. It is intentionally open in that regard, and it has to be. Again, where it states "not later than 4 months", one would have to assume compliance with this by An Garda Síochána and by the Garda Commi…

Regarding some of the questions, again, it is stipulated in the Bill as to how the Minister would lay this before the Houses. Section 75 clearly outlines the fact that it will be made online means that is being made available to the public. I have no doubt though that if somebody wanted a hard copy, they could get it printed off in the library. On the overall Bill itself, I think many in this House would agree that there have been situations in the not-too-distant past that would have benefited from greater structu…

It is not provided for in the Bill but if obviously comes under the Irish language Act, which means it could be available in the Irish language.

I thank Senator Ruane. As she has outlined, the amendments are all about membership of the board of An Garda Síochána or appointment to the board. I will discuss them together. Amendment No. 20 seeks to add community development to the list of matters that persons recommended by the service are to experience or have expertise in. While the Bill does not expressly state "community development", if we look at the functions of An Garda Síochána, it is reasonable to expect that persons who have experience in their own …

While these provisions are standard across the Statute Book, I take the Senator's point. Between now and the next Stage, which will probably be taken in the new year, I commit to looking at it and exploring it further. There are implications because this amendment is incompatible with another section of the Bill, where that is clearly outlined. I take on board the points the Senator made.

The amendments in grouping 7 relate to bankruptcy provisions in the Bill. The Attorney General has advised that as currently drafted, the provisions in the Bill which bar a person who is bankrupt from the Garda board, the policing and community and safety authority and the office of the independent examiner are not in line with the directive. My amendments will ensure that people who have been discharged from bankruptcy will be eligible for consideration for a role in any of these three offices. This will ensure co…

Currently, the Policing Authority has responsibility for the appointment of the Garda Commissioner under section 9 of the 2005 Act. This is to invite the Public Appointments Service, PAS, to undertake a competition to nominate a candidate to the Government along with any ancillary roles. Acting on the recommendations of the Commission on the Future of Policing, CoFPI, the Bill will remove those roles from the new authority, whose functions are now more clearly defined. We want to make sure oversight and governance …

Likewise, I cannot agree to the section’s deletion given the Senator does not propose to replace it with anything else. Moreover, the objective is that the new authority will be more of an oversight structure, whereas governance will be dealt with directly by the board. That is why the board will be the body leading out in consultation with the Minister but still engaging with the authority.

All those involved in our national security, particularly in An Garda Síochána, have always taken their role seriously and will continue to do so. We have a number of deputy commissioner roles in positions dealing with a number of different matters. To be clear, no person would be or will be appointed to any security position where he or she might pose a particular threat or might not be appropriate. I reaffirm that position, which I have stated many times. The competition is in process. It closed in the last numbe…

I understand, in respect of the Senator's comments, that there are two issues in regard to the deputy Garda commissioner. An issue arose in the past number of months which was raised by those seeking to apply to a particular position. As I have said, a memo responding to that came before Cabinet today in respect of undertaking a review of a particular threshold. I have no doubt the review will be concluded in the summer. Minister McGrath will respond to that. In terms of the system, I am not sure where the Senator …

It is not that I disagree with the overall objective of the amendments, but similar to previous conversations, I am not sure they are necessary because many of them are covered in what is already in the Bill. Regarding amendment No. 27, while I do not disagree that such conduct could be reason for removal of an officeholder, the functions of the Garda are set out in section 33 of the Bill and this includes the direction, control and management of An Garda Síochána, so it is difficult to conceive of a conduct that w…

I move amendment No. 29: In page 42, between lines 33 and 34, to insert the following: “(3) A person who does or omits to do anything that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both.”. During the Dáil debates on this Bill, it was noted that the sections providing for judicial inquiries lacked any penalties for…

I move amendment No. 30: In page 42, line 36, after “offence” to insert “(other than an offence under subsection (3)#)”.

As I have said in many instances, while we are trying not to be overly prescriptive in the legislation in adding in specific criteria for certain things, I think what is being proposed in this amendment more or less reflects what actually happens more generally and what happens now. For that reason, I am happy to accept this amendment.

This section is an enabling one rather than being overly prescriptive. What the Commissioner always has to do is look at whether this is in the public interest. It has to be consistent with the functions of An Garda Síochána and he or she must make sure it does not impact on the role of the Garda or potentially take away from resources. Again, I think we are being overly prescriptive in adding this measure on top of it. It is very clear at the moment that this is a role the Garda may take on or it is a duty they ma…

In response to the Senator's last point, we are always looking at ways in which we can free up front-line gardaí who are perhaps in roles that can be done by other people, be it in the courts, areas relating to immigration or other types of roles they have been in previously. We have seen how gardaí have been freed up. A report is ongoing at the moment on the prosecution role, which I will be able to bring to Cabinet in the near future. This section is about not over-prescribing the use of the Commissioner's profes…

Again, I believe this amendment is overly prescriptive. We are trying to ensure there is a particular ability for the Garda Commissioner to dismiss somebody below the rank of chief superintendent for reasons of public confidence. The section is sufficient to cover the broad headings for any consideration. There would obviously still have to be a disciplinary process but by reason of a member's conduct, the section outlines that this would include any act or omission. It is, therefore, broad enough to cover anything…

May I respond? I had better after all of that.

I meant after all of the contributions.

I support Senators in their contributions and agree with them that the reserve plays a really important role in supporting An Garda Síochána and in assisting gardaí in their work. The workforce of An Garda Síochána includes front-line gardaí, civilian staff and our reserve and we need to look at the overall numbers for all three areas. Senators are right to say that the numbers have dropped. While the number of gardaí had increased, it dropped during the Covid pandemic because of the closure of the college to new r…