I move amendment No. 54: In page 75, line 5, after “concerning” to insert “the number and nature of”. These amendments concern section 77. Section 77 of the Bill provides for the collection, compilation and storage of statistical information by the Garda Commissioner. The section as drafted provides that the "... Commissioner shall ensure that ... statistical information [in relation to] offences, criminal proceedings and the state of crime in this State [in general terms are] compiled and stored". This is not an a…

I will press the amendment.

I move amendment No. 55: In page 75, line 5, after “concerning” to insert “the use of search powers,”.

I move amendment No. 57: In page 75, between lines 20 and 21, to insert the following: “(c) consequences for members of garda personnel for breaching the code of ethics.”. You would think we would be used to doing that.

Amendment No. 57 seeks to clarify that when issuing the code of ethics, the authority shall have regard to consequences for members who breach the code of ethics. Like many others, I am deeply concerned by inappropriate conduct by members being left to a code of ethics which is largely toothless. I raised these concerns in my contribution to the body cameras legislation as well, as the Minister will recall. I attempted to insert specific offences for misuse of that technology. I was reassured then that the code of …

I move amendment No. 58: In page 82, line 34, after “shall” to insert “,in a timely and efficient manner”. Section 85 sets out the powers of an appointed person in the context of an inquiry relating to the administration, operation, practice or procedure of An Garda Síochána or the conduct of Garda personnel. The investigation of disciplinary matters tends to be an incredibly legalised process, prone to extensive delays in decision-making and appeals against process and outcomes. We are of the view that this is not…

I move amendment No. 59: In page 93, line 25, after “State” to insert “in the fulfilment of their professional functions”. Section 101 sets out the circumstances in which members of An Garda Síochána and the Garda Commissioner will be held liable for certain acts. The section, as drafted, provides that where a garda commits an actionable wrong, the Commissioner can be held liable for certain damages. Subsection (5) includes a qualifier that the liability does not extend to wrongs committed by the use of mechanicall…

I accept that with respect to something that occurs in the line of duty. If somebody was not on call and has access to a Garda vehicle, the use of that vehicle would not be within his or her professional remit. If my house is burgled while nobody is at home and I come home and ring the Garda station, the driver of a Garda car who is involved in an accident on the way from station would not be held liable because it is not an emergency. Professional functions still have to have some gradient that differentiates betw…

Subsection (5) contains the qualifier that the liability does not extend to wrongs committed by the use of a mechanically propelled vehicle which belongs to the State.

Is that regardless of what type of offence a garda is responding to while using the car?

I move amendment No. 60: In page 95, between lines 33 and 34, to insert the following: "(i) a local drug and alcohol taskforce,". We have had some brief discussion on this issue previously. The amendment seeks to add local drug and alcohol task forces to the definition of what constitutes a public service body under the Bill. As drafted, the Bill includes references to a vast range of public service bodies, including education and training boards, but omits local drug and alcohol task forces. The Bill provides that…

I disagree with the Minister on that point. The make-up of the task forces is basically six, six and six, comprising the statutory, voluntary and community sectors. The bodies listed in this section are all statutory bodies and all have a particular function within that statutory role. I am not saying the members of those bodies do not choose to be there; they commit to the engagement and keep it going. However, the community and voluntary organisations are often the ones working in the services at the coalface and…

I take that on board and understand it. The Minister is correct that there are not task forces in every area. It will be very specific. It is not always drugs and alcohol. It often has a much wider remit than only responding to drug and alcohol use because these exist within community infrastructure in general relating to many other issues within the community. Drug-related intimidation is spoken about so much. What if we do not name these task forces in the guidelines as bodies from which representatives can be dr…

I am open to the Minister coming back and examining this and the regulations. I would love a timeline as to when she will look at the regulations as regards what they look like. Why are statutory organisations the only mandatory bodies? Let us forget about even drug and alcohol task forces for the moment. As regards community representatives, why is community in some framework not captured in the mandatory bodies?

It will be. Can-----

But in this section, where it names the statutory organisations-----

It names community in the next ones but not in the statutory ones.

Why are the statutory ones named in regulation?

Yes, but I refer to giving the same importance to the role that any community organisation plays, without naming a specific organisation. I understand this is spread across the country. We are naming the statutory bodies and then naming community organisations. I know that seems quite vague because it is wide open, but it places the same importance on it as on these. I do not understand why it is okay for us to name statutory organisations as playing such an important role in community safety. They play an importan…

I will press it.