I move: "That the Bill be now read a Second Time."
This is in essence an agreed measure in that it proposes to implement policy decisions taken by the previous Government to which I and my colleagues in the present Government fully subscribe. It is an agreed measure also in the sense that it reflects an agreement reached earlier this year with two of the Garda representative bodies following negotiations between the Department of Justice and the bodies initiated by my predecessor.
As will be fairly clear to Deputies, the main purpose of the Bill is to make certain amendments in the existing law governing the establishment and functioning of the Garda representative bodies. The amendments proposed are those which are necessary to enable effect to be given to an agreement with the Representative Body for Inspectors, Station Sergeants and Sergeants and the Representative Body for Guards. That agreement, as I have said, was concluded during my predecessor's term of office, and I would like to pay tribute to the role which he played in bringing about the agreement.
I should add that discussions have also taken place with the Representative Bodies for Chief Superintendents and Superintendents and I expect that agreement will soon be reached with them as well.
The introduction of this Bill gives me the opportunity to place on record my appreciation of the valuable work done by all the representative bodies, and by their elected representatives at the various levels, in attending to and promoting the interests of their members. The bodies play an important role in the maintenance of good relations and understanding between the members of the various ranks and their authorities. Indeed, this kind of link is important not alone for the members that the bodies represent but also for Garda management. The present agreement and the understanding reached between the parties following the negotiations during the past year are indicative of the constructive approach that was adopted by all concerned.
The amendments that are necessary to give effect to the agreement fall to be made in section 13 of the Garda Síochána Act, 1924, which at present provides for the establishment in accordance with ministerial regulations of representative bodies elected by the members of the various ranks—and here I quote—"for the purpose of enabling the members of the Garda Síochána to consider and bring to the notice of the Commissioner and the Minister matters affecting their welfare and efficiency, other than questions of discipline and promotion affecting individuals". Section 13 as it stands prohibits the bodies from associating with any body or person outside the Force. Under the existing regulations the affairs of the bodies are controlled to a considerable degree by the Commissioner. The controls extend to such matters as the dates, frequency and duration of meetings at the various levels. Furthermore, it is the Garda authorities rather than the members who conduct elections. All members are entitled to vote, or to be nominated for office, irrespective of whether they are subscribers to representative body funds.
These arrangements have for some time past been a source of growing dissatisfaction among members of the Garda Síochána and, in response to pressure from members, the representative bodies sought freedom from the present restrictions. The bodies initially sought full trade union status, with freedom to strike, which is prohibited by section 14 of the 1924 Act. My predecessor made it clear at the outset, in a preliminary meeting with the bodies, that he could not agree to concede trade union status or the right to strike, as he saw these matters as incompatible with the functions and responsibilities that are discharged by members of the force. That is a view with which the present Government are in full agreement. My predecessor did, however, agree that there should be a relaxation of the existing controls to the extent necessary to enable the bodies to reconstitute themselves into the equivalent of an independent staff association, with freedom to draw up their own constitution, conduct their own elections and generally manage their own affairs.
That is the essence of the agreement that was subsequently reached with the bodies. It is possible to provide some of the necessary changes in new regulations. There are, however, other changes which require the amendment of section 13 of the 1924 Act. It is necessary, firstly, to amend the section to enable the new bodies to represent their members generally in all matters affecting their welfare and efficiency and not just to bring such matters "to the notice of the Commissioner and of the Minister". Secondly, the existing provision which prohibits the bodies from making representations on behalf of individual members in matters affecting discipline and promotion needs to be repealed. Thirdly, the wording of section 13 needs to be amended so as to enable participation in the election of representative bodies to be confined to those who pay their subscriptions to representative body funds. It has been agreed with the bodies, however, that, in the first elections to take place under the new arrangement, every member will have a vote.
The amended section will modify the prohibition which is there at present on representative bodies associating with bodies or persons outside the force. In future it will be possible for the Minister for Justice to authorise the bodies to associate with outside persons and associations subject to such conditions and restrictions as he may specify. Agreement has already been reached with the bodies as to the kinds of outside organisations with whom they may reasonably expect to be allowed to associate. The bodies may, for example, wish to employ outside consultants to assist them in the preparation of claims or otherwise advise them on matters connected with the discharge of their functions.
They may also wish to liaise with international associations of police organisations whose functions is to exchange information on matters of common interest.
Finally, the term "representative body" is being dropped in favour of the term "association" as the present bodies wish to depart from the old terminology to help to improve their status and image.
For the convenience of those who will subsequently be concerned with the interpretation and application of section 13 of the 1924 Act as amended, the text of the section is re-enacted in full with the various amendments incorporated in it. The substantive amendments are confined to sub-section (1) and subsection (5), which is a new subsection. Subsections (2) and (3) each show only one minor textual amendment as compared with the original and subsection (4) is unchanged.
Section 2 of the Bill proposes a simplification of the procedure for the bringing into operation of Garda Síochána pensions orders. What is proposed is the introduction of the procedure that has already been agreed to by the Oireachtas in relation to pension schemes elsewhere in the public service, including the Army. At present, before a Garda pensions order can come into operation it must be confirmed by resolution of both Houses of the Oireachtas. The new procedure would enable the order to come into operation immediately it is made. The order, would, however, be laid before each House and could be annulled by resolution of either House within 21 sitting days. These pensions orders do not arise very frequently but when they do I am sure the House will agree that it is fitting that they should be dealt with in the same way as comparable orders in relation to other groups in the public service.
I think that it is unnecessary for me to say any more about the Bill other than to make the point that I believe in all sincerity that the changes in role and status which have been agreed with the Garda representative bodies constitute a fair and reasonable compromise between their present situation and the claim which they originally made for full trade union status. As in all matters of this kind, the working out of an agreed package has involved give-and-take on both sides and I am happy that negotiations were successfully concluded to the satisfaction of all concerned.
I commend the Bill to the House and I would ask that it be given favourable and speedy consideration.