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Dáil Éireann debate -
Wednesday, 22 Feb 1989

Vol. 387 No. 5

Ceisteanna—Questions. Oral Answers. - Garda Legal Section.

11.

Mr. McDonnell

asked the Minister for Justice whether the Garda Síochána Legal Section has been re-established, either in whole or in part; if not, if there are any plans to re-establish it on a different basis to that which operated prior to its recent disbandment; and if he will make a statement on the matter.

I am informed by the Garda authorities that the Garda Síochána legal section was disbanded in April of last year as part of a reorganisation of structures at Garda Headquarters which arose from an internal Garda review of the general organisation of the force. As I indicated in reply to Question No. 20 on 23 June 1988, the functions formerly performed by the legal section are now divided between the force's Crime Branch and Training and Research Branch. The Garda authorities are satisfied that the change has made for more efficient and effective use of resources and they inform me that they have no plans to re-establish the section.

Would the Minister confirm that there have been no moves recently to re-establish the legal section in part? Could the Minister confirm that he personally is satisfied that the day to day changes in law, including case law, affecting a garda's duties are being communicated to gardaí on the beat? I have in mind a particular example in relation to the recently passed Intoxicating Liquor Act where I am quite convinced that there are a great number of gardaí around the country who are not aware of the extension of their powers under that Act. Is the Minister satisfied that the legal changes which are occurring on a day to day basis are being communicated to gardaí on the beat?

The change which came about here with regard to disbanding the legal section was part of the reorganisational structures and was recommended by the Garda as a result of a major inquiry into organisational matters conducted on behalf of the Commissioner of the day by three newly appointed assistant commissioners. The present Garda Commissioner informs me that he is satisfied that the change has made for more efficient and effective use of resources and they have no plans whatsoever to re-establish the section. They are quite happy that the new effort is going quite well.

With regard to whether or not members of the force get information about new legislation, I understand that local superintendents and inspectors can seek advice on particular issues that arise in their areas from the Chief State Solicitor's office or the local State solicitor as appropriate. There has been no change in the arrangement whereby details of new legislation and court judgments relevant to the Garda Síochána are circularised to the force, except that this is now done from Templemore and not from Dublin.

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