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Seanad Éireann debate -
Thursday, 16 Feb 1989

Vol. 122 No. 2

Garda Síochána Bill, 1989: Second and Subsequent Stages.

Question proposed: "That the Bill be now read a Second Time."

The purpose of this Bill is to amend the Garda Síochána Act, 1924 and the Police Forces Amalgamation Act, 1925 to enable members of the Garda Síochána to serve outside the State with peacekeeping forces of the United Nations. As Senators will be aware, Ireland has been called on to supply in the next few weeks a national contingent of members of the Garda to serve with the United Nations forces in Namibia where they will, it is proposed, assist in the peaceful transfer of power in that country to its own population. The Garda Síochána Acts preclude members of the Garda from serving outside the State and therefore, amending legislation is required to enable us to respond to this request from the United Nations and indeed to be enabled to meet any future such request.

Ireland has taken a prominent interest in Namibian independence over many years. Indeed, since we joined the United Nations in 1955, successive Irish Governments have spoken out against South Africa's occupation of the territory and have urged the international community to bring pressure to bear on South Africa to withdraw from the territory so that its people could exercise their rights to self-determination.

One Irishman's name in particular will always be associated with the establishment of an independent Namibia. The late Seán MacBride served as the United Nations' Commissioner for Namibia from 1973 to 1977. As Commissioner for Namibia, Mr. MacBride's achievements included the establishment in 1976 of the United Nations Institute for Namibia in Lusaka, as the major training institution for the policy-making and administrative needs of an independent Namibia. The late Mr. MacBride was a champion of the international effort for Namibian independence and it is sad that he will not be around to see its achievement. There is no doubt that he played a major role in mobilising international support behind the quest for the independence of that territory.

I would like at this stage to recall the main outlines of the history of the Namibian question. In 1920, South Africa was entrusted by the League of Nations with a mandate over the territory of South West Africa, now called Namibia. After the demise of the League, South Africa, unlike other mandatory powers, declined in 1946 to place the territory under UN trusteeship. It declined also in 1949 to continue submitting reports to the UN on the territory as it was obliged to do under the UN Charter. Moreover, in 1950 it refused to accept the advisory opinion of the International Court of Justice which held that the functions of supervision under the mandate should be exercised by the United Nations. Throughout the 1950s and 60s, while South Africa consolidated its position in Namibia and applied to the territory many of its apartheid policies, the UN continued with its efforts. In 1966 the General Assembly declared South West Africa to be henceforth a direct responsibility of the United Nations and the following year called on the Security Council to take effective measures to ensure the removal of the illegal presence of South Africa from the territory. In 1969, the Security Council reaffirmed the termination of South Africa's mandate by the Assembly, called upon South Africa to withdraw its illegal presence and stated that if South Africa failed to do so the Council would decide on necessary measures in accordance with the Charter.

Ireland fully supported the decision of the General Assembly to terminate the mandate and welcomed the Security Council's decision to assume its responsibilities.

The legal position was clarified beyond any doubt in an advisory ruling of the International Court in 1971 which held that South Africa was under an obligation to withdraw from Namibia immediately, and that the member states of the United Nations were under an obligation to recognise the illegality of South African presence there. This opinion was accepted by the Security Council and its efforts since then have been directed towards giving effect to these decisions.

These efforts have crystallised around two important Security Council Resolutions which provide the basis for the present settlement of the long running dispute over Namibia. Resolution 385 in 1976 declared it imperative that free elections under the supervision and control of the United Nations be held for the whole of Namibia. Resolution 435 in 1978 endorsed an independence plan for Namibia based on settlement drawn up the previous year by five members of the Security Council, the USA, Britain, France, the Federal Republic of Germany and Canada.

Following several abortive attempts by the UN to persuade South Africa to accept the UN settlement plan, the United States Government in May 1988 initiated a series of talks with Angola, Cuba and South Africa to consider possibilities for a settlement to the conflicts in both Namibia and Angola. These negotiations finally bore fruit in December 1988 with the formal signing in New York of a series of agreements which paved the way with respect to Namibia for the official establishment of the United Nations Transition Assistance Group (UNTAG). The role of the group is to oversee the transition of Namibia to independence.

The proposed programme for UNTAG, which is currently under review by the UN, envisages the establishment of a group comprising a military component of 7,500 of whom about 4,500 would be deployed initially, a police component of 500 and a civilian staff the number of which has not been determined. The functions of the police component, which will be required for a period of up to one year will be essentially to prevent any intimidation or interference in the electoral process and to oversee the conduct of the existing police force in Namibia during the transition period. A high point in the transition process will be the holding of free elections which is planned for November of this year. The UN police force will be organised in units drawn from national contingents from the following countries: Austria, Barbados, Fiji, Ghana, Jamaica, Netherlands, Sweden and, subject to the passage of this legislation, Ireland. Contingents may also be drawn from Bangladesh, Egypt, New Zealand, Nigeria and Senegal.

The Government have already agreed to a UN request to provide 20 military observers for Namibia and these will be drawn from the ranks of the Permanent Defence Forces.

The United Nations has requested that the Garda contingent to serve with UNTAG should consist of up to 35 members of the 500 strong force. The numbers and ranks of those it is proposed to send is as follows: one chief superintendent, two superintendents, two inspectors, seven sergeants and 23 gardaí. The financial arrangements are likely to be similar to those for UNIFIL, the United Nations Interim Force in Lebanon.

Senators will, I am sure, be conscious in discussing this issue that Namibia is the last major colonial issue before the United Nations. A peaceful transition to independence there will represent a major success for the United Nations Organisation and, indeed, for the rule of law and for the principle of settling international disputes by negotiation. Our commitment to Namibian independence and our peacekeeping record with the UN in many parts of the world suggest that we should agree to help the United Nations in resolving one of its longest outstanding issues and one of its largest ever undertakings. I am confident that our gardaí can play a distinguished and honourable role in the historic task of helping to bring independence and self-determination to Namibia and peace and security to a troubled region.

I would like to turn now to the contents of this short Bill. Section 2, subsection (1) empowers the Government to send a contingent of the Garda Síochána for service outside the State with an international United Nations Force and subsection (2) of section 2 enables the Government to determine the number and ranks of the members of the Garda Síochána who would be included in such a contingent.

Section 3 of the Bill ensures that all the members of such a Garda contingent would be volunteers and that, ultimately, the decision about whose offers to serve would be accepted would rest with the Garda Commissioner.

Section 4 provides for registration, in this State, of the death outside the State, of a member of the Garda Síochána, his spouse or other relative while such a member is on service overseas with the United Nations. The section also provides for the registration of the birth outside the State of a child of such a member.

In moving Second Stage of this Bill in Dáil Éireann yesterday, I remarked that the former Taoiseach, the late Seán Lemass, acknowledged on a similar occasion that our adherence to the UN Charter imposed substantial obligations on this country. He referred on that occasion, which in fact was the Bill enabling Army contingents to serve on UN missions abroad, to the relevance of Article 29 of our Constitution, Bunreacht na hÉireann. Senators will doubtless recall that that Article affirms Ireland's "devotion to the ideal of peace and friendly co-operation amongst nations, founded on international justice and morality". As Seán Lemass saw it, it was not only our moral duty but also in our national interest to support the United Nations to act in any situation in any part of the world that might endanger peace and to be prepared, where necessary, to contribute from our resources to the fulfilment of the UN's responsibilities in such event.

I would suggest that the sentiments expressed by Seán Lemass on Irish involvement on UN peacekeeping activities are as valid today as when he voiced them almost 30 years ago. Our experience and proud record in this respect confirm me in commending this Bill to the House today.

I welcome this Bill because it highlights the importance of this country as a peacekeeping force in the United Nations. Ireland has an excellent record in the UN. Our Defence Forces have done tremendous work as a peacekeeping force in many countries all over the world. However, this is the first time that serving members of the Garda Síochána will be able to participate in this type of exercise and the Garda Síochána Bill, 1989, is drafted to enable this to happen. Prior to this members who wanted to participate in the United Nations peacekeeping force had to resign from the Garda first and then apply as ordinary citizens. This Bill allows serving members to apply and that is to be welcomed.

It is envisaged that 35 members of the Garda will be selected to become part of a 500-strong contingent to travel to Namibia. Their function will be to liaise with the existing security forces to oversee and monitor the elections which will be taking place in that country in November next. Of the 300 or more applicants for the job, there is now a short list of approximately 70. The 35 finally selected will be chosen in the near future. I will not be surprised if some of those finally chosen will withdraw from the mission, principally because each applicant had to apply by 3 February not knowing what the rates of pay would be or what conditions were applicable to the post. It was a question of getting in the application first and getting all the details later.

It is very laudable for anyone from any organisation to become part of a peacekeeping force for the United Nations but we have an obligation to make sure that this is not done at a financial cost to that person. There are lots of questions to be answered. After meetings between the Garda associations and the Assistant Commissioner these questions are still unanswered. The Association of Garda Sergeants and Inspectors are very concerned for their members because of the lack of information. For example, it has not been stated how many hours per week they will have to work. Will it be the standard 40 hours per week? If they have to work more than 40 hours, will there be overtime paid? Will there be Saturday and Sunday allowances? In the event of personnel being in Namibia this time next year, how will annual leave be decided? Will they be allowed time off in that country? When the Defence Force go abroad in a peacekeeping mission they are allowed to bring out their wives at certain times. Will this be allowed for the Garda Síochána? At the moment there appears to be complete lack of information.

We are talking about a country which is approximately ten to 12 times the size of Ireland, with huge variations in temperatures, going from very cold in the mountainous regions to extreme heat in the plains. This will give rise to the question of different types of uniforms to be worn. Transport or the lack of it will be another issue because of the size of the territory to be covered. This is the kind of information that should have been available to members of the force before they made their applications.

We have information on the allowances applicable to the post. I have some questions in this area. A married chief superintendent and superintendent will have an allowance of £23.30 per day; a single chief superintendent and superintendent will have an allowance of £19.95 per day; a married Garda, sergeant and inspector will have £17.02 per day; a single Garda, sergeant and inspector will have £15.33 per day. Why should there be any difference in the allowance between ranks? I am sure the cost of accommodation and food for all personnel in Namibia will be the same. How can the Minister justify a differential rate of allowance between a single and a married man doing duty in that country, irrespective of rank, whether a garda or chief superintendent? What would the daily allowance be for members of the Defence Force in a similar situation, and would the differentials I have mentioned apply to them?

I ask the Minister to take note of the points raised and reply to them in his closing speech. When a member of the Garda Síochána goes abroad on official business, whether it is to a conference or to a seminar, there is a huge difference between the rate of subsistence applicable for that and the rates now proposed for Namibia. I hope we are not sending a cut-price police force to the UN.

That is a dreadful thing to say.

It is a comment. I am saying it with justification.

That is a dreadful attitude to have and I will deal with it when I get a chance.

I hope you will cover it in great detail in your reply.

You are being unbelievably negative.

I would like to say what I have to say without interruption. You had your few minutes on the introduction of your speech and I did not interrupt. I do not propose to interrupt you in your reply, so I would like to continue my speech without interruption.

In the make-up of the 500 contingent — and again I am getting back to something similar — there are eight countries supplying personnel, countries like Australia, Ghana, Barbados and some others. I would like to pose the question: why are personnel not from countries like the UK, Germany and France in the make up of this contingent? Is there any reason for it? If there is, perhaps the Minister would inform the House in this regard.

I have no doubt it will not be any picnic for our personnel in that country. There will be at least 13 different dialects. Their position will be difficult and it is up to us to ensure that these people are treated properly and have proper conditions when they are representing this country abroad. My party have always supported our involvement in the peacekeeping role of the United Nations and will continue to do so. I am quite certain that the Garda Síochána when they take up duty will not only make us proud of their efforts but will do much good for the Garda force.

However, in addition to playing a peace-keeping role we have a responsibility to see that people in this country retain their freedom. The Government must face up to the fact that crime is growing and that subversive activities are on the increase. We need more gardaí. The number of gardaí is on the decline, particularly in the past two years. The Garda strength two years ago was 11,400. Now it is approximately 10,600, which is a drop of 800 people. It is currently expected that this will drop even more. The new input of applicants under the new training system will take approximately 15 months to reach recruitment stage and it will take three years or more to put 1,000 gardaí on the streets. Of the 300 recruits being taken on this year we will finish up with fewer gardaí because natural wastage will exceed 300.

We are being asked to pass legislation here involving 35 members of the Garda Síochána. The issue is much broader than this. In the future the Government will have the power to dispatch personnel to take up United Nations duty without getting an assurance from the Minister that there will be no further reduction in the strength of the Garda Síochána. In this country we seem to differ from other countries. While we have a declining police force other countries have increased theirs. In England and Wales the strength of the police force has increased since 1979 by over 13,000 people and now stands at 124,737. They have recognised the need for sufficient numbers of police to safeguard democracy and the ordinary person.

The rural Garda stations, as we know them, have provided an invaluable service over the years for the community. These stations are now dying because under the Government the run-down in manpower and the refusal to make promotions will eventually result in such a scarcity of personnel that doors will be locked on stations and the local community will suffer as a result. The first step in the eventual closing of a station is the refusal by the Department to reappoint a sergeant to a rural station on the retirement of the incumbent. This, of course, reduces the status of the station, making closure an easier task in the short term. This type of policy will be welcomed by the criminal and those with subversive tendencies but it is abhorred by the ordinary law-abiding citizen. If the policy of running down the supervisory ranks in the Garda Síochána is not changed, more rural communities may lose a vital service which has been of much benefit to them in the past.

Morale in the force is low at present. The embargo on promotions has had major implications. It has eliminated the opportunity for promotion virtually everywhere. The scrapping of the sergeants' and inspectors' promotional list was unprecedented. It never occurred before within the force and was all the more ridiculous and damaging to the Garda when there are over 200 vacancies for the position of sergeants, and approximately 30 vacancies for the position of inspectors throughout the country.

The knock-on effects of the embargo are considerable, with damaging effects on morale. It has brought about total ridigity in the force and it is now virtually impossible to get a transfer, regardless of one's personal circumstances, because one cannot get a transfer unless there is a replacement. As time is moving on, the situation is getting worse as more members are retiring or seeking career breaks, again reducing the availability of manpower. Perhaps the Minister should consider extending the retiring age from 57 to 60 years? I would welcome the Minister's comment on that.

I already heard the original source this morning.

We can talk about sending gardaí to Africa and about the free medication they will have while there and the free medication they will get in preparation for their trip but I would like to refer to the lack of medical treatment the force have in this country. I would like to draw the Minister's attention to an editorial——

I have been very lenient with the Senator up to now but I would ask him to stay on the Bill. Medication has nothing to do with the Bill——

Medication going abroad will be part and parcel of it.

Acting Chairman

You have not mentioned medication for going abroad.

I am sorry, if you read back on my text I have mentioned medication for Africa and medication in preparation for such, but I also referred to the lack of medication available to the Garda Síochána in this country. I refer specifically to an article under the heading "Hepatitis B" which is currently in the news and of which the Minister is aware. Rather than go into great detail on it, I am merely reading an extract from it and I would just ask the Minister to change in mind on the issue of providing vaccine.

Acting Chairman

That is outside the scope of the Bill.

It is available to other people in the public service.

Acting Chairman

There will be a separate Bill to deal with that.

In fairness, the Senator should give us the benefit of his research because there is a duty on him to clear up the confusion he has caused.

If you allow me to read the extract from the Garda News I had no hesitation in doing so——

Acting Chairman

It is outside the scope of the Bill.

I have it here. I am sure your advisers have advised you. I have no doubt you have read it. It is here. The Minister can see it any time he likes. It states clearly the viewpoint of the Association of the Garda Sergeants and Inspectors in relation to this issue.

Acting Chairman

The Senator should continue his speech in connection with the Garda Síochána Bill 1989.

I am coming to a conclusion in any event. As I said, I welcome the Bill. I am proud of the role our country has played in the past as a peacekeeping force within the United Nations. I am sure that the Garda Síochána will do us proud in the months and years ahead. I wish them luck in their first venture in this area. Thank You.

This is a Bill to enable the Minister for Justice to send a number of gardaí to Namibia. Our country was requested by the United Nations to send a contingent of gardaí to assist in the process of transition to independence in that country. The function of this United Nations Transition Assistance Group is to assist in the peaceful transfer of power in that country to its own population. Other functions of the police force will include monitoring of law enforcement by the existing policy force in that country during the period of transition.

This Bill had to be introduced because the Garda Síochána Act precludes members of the Garda from serving outside the State. Therefore, it was necessary to introduce amending legislation. Since we joined the United Nations our country has spoken out against South Africa's occupation of the territory of Namibia. We have urged the international community to bring pressure on South Africa to withdraw from Namibia and let the people of that country exercise their right to self-determination.

The history of Namibia and its independence goes back to 1920. The Minister for Justice has given us that history today and the history of the occupation of Namibia by South Africa. That country applied its objectionable apartheid policies to that country. Several abortive attempts were made by the United Nations to bring about a settlement between South Africa and Namibia. The USA initiated talks in May 1988. These negotiations finally reached a successful conclusion in December 1988. They came to an agreement that the United Nations would set up a force to observe the transition of Namibia to independence. The group is to consist of military personnel and a police force. Our country will also be providing military personnel and this legislation is being enacted to allow our country to send a police force there as well.

I believe there will be 35 to 40 gardaí sent to Namibia. I am delighted we are sending a Garda force and also some Army personnel as observers. I hope they will be successful in their mission. I welcome the fact that our country has been selected to send a police force to Namibia. The members of the force have to volunteer for service abroad. Knowing the Garda force in Ireland, I am sure they will acquit themselves very well when they go abroad. I hope they will benefit very much from their experience and that when they return they can let their colleagues in the Garda force know about their experience. I am sure therefore that the Garda force in general will benefit from this expedition to Namibia.

As regards Senator Kelleher's comments, I think some of his speech would have been more appropriate to the Estimate for the Department of Justice. I think that our Government and all parties, both in the Dáil and in the Seanad, welcome the fact that we have been requested to send a police force to Namibia. I welcome the Bill and I hope that our force will be very successful there.

To carry on from where the previous speaker finished, I would like to say that I have not the slightest doubt but that the force we send to Namibia will be a credit to this country. To that extent, and as somebody who has been closely associated with the Garda Síochána over the years, I would like to distance myself from the remarks made by Senator Kelleher. Perhaps we are misinterpreting what he said, but nevertheless the reference to a cut price police force I find objectionable. I think that perhaps he might clear the record on it. I would certainly go along with him if he says an underpaid police force, like most of the public service, if that was the meaning of it; but in the sense of a cut price force being not the full product or in any sense lacking——

That is a misinterpretation.

I think it is important to clear the record.

I have no hesitation in making that comment.

I am sure that is the case. I would like to look at it from the very broad view. First I compliment the Government on involving themselves in this initiative. It is a proud moment in international history. We see ourselves taking a pivotal role in the emerging statehood of a new nation which has suffered more than its share for a long period. It is significant as well to consider the countries with which we share those duties — Austria, Barbados, Fiji, Ghana, etc. The question was asked by Senator Kelleher why did we not have police forces from countries like the UK or France, etc. I can recall earlier debates in the UN, years ago, when they were putting together peacekeeping forces. The main reason which we should be proud of, is that countries like ourselves are trusted more by the Superpowers to carry out this kind of activity than those playing major influential diplomatic roles in international affairs. It is simply a matter that countries like Namibia, Cyprus before that, Lebanon, the Congo and other places, will trust the forces of States like Ireland, Fiji and Ghana who had the same type of history in a previous century, or in previous generations, who understand what it is about and who therefore can bring something to them. I would not be at all happy with what I would refer to as the Superpower states sending out their police forces. I am much happier with the make-up of the countries that are providing personnel.

The sort of international peace initiative which I have called for time and again since being elected to this House, is the kind of activity that brings honour to the country and in which we may take a justifiable pride. I have not the slightest doubt but that the gardaí who go abroad to Namibia will do us proud. They are following in a long line of international interaction that goes right back through our history. It could probably well be said that the earlier roles of our foreign travellers to places like Africa, Central America, South America and elsewhere was a role of proslytisation which has now been overtaken by events and by history. In recent times we have seen that role develop into one of education and the building of social infrastructure in developing countries.

More and more over the last 20 years we have seen our police and Army personnel play a powerful, influential and important role in peacekeeping. However, questions are raised, and without in any sense opposing the Bill — I support the initiative of Government; I think it is a progressive move and it is something which I welcome — I would like clarification on a number of issues. To take the first point, I see this also from the narrow view of how it affects the remaining police force at home. What I see is 35 fewer in the police force. I would like an assurance from the Minister that this is also a job creation exercise in that there would be 35 more recruits taken into the force. I think we are entitled as a House to get a commitment from the Minister on that point — for a whole lot of reasons — that it is gainful and good employment and also in the best interests of peacekeeping etc. at home and the work of the Garda at home. I would welcome a commitment from the Minister that this will lead to additional recruitment.

What I welcome about the Bill is that it is not in any sense narrow: it opens the way for the Government to participate in similar initiatives in the future. I believe this is something that will be developed over the years. This leads to the need for additional recruitment into the regular Garda force and therefore I would welcome such a commitment from the Minister.

I am not going to dwell on the whole area of conditions of service because, by the very nature of it, if you move people from one hemisphere to another there is not going to be an immediate translation of the same conditions of service. Anybody who has worked overseas in developing countries or otherwise knows the key word is flexibility. However, I would ask the Minister to put on the record the fact that there will be no exploitation. I am not interpreting from the Bill any intent by Government to exploit the Garda but it would be important to place on the record that the conditions of service for the people who go out there will be the very best that can be negotiated. I am referring in particular to matters such as recognition of service for incremental purposes, for pension purposes and for leave entitlement. These are important matters. I am aware that certain transport arrangements are made for getting to and from that country. I would ask the Minister to outline what arrangements have been made for family contact and interaction during that period.

I am not familiar with the other Garda Síochána Acts. Perhaps the Minister when replying would indicate that the term "garda" in the Bill also extends to banghardaí. I would like an assurance that we are not in the business of sending an all male contingent by definition to Namibia. I have many reasons for that. First, because it could very easily happen unthinkingly. Secondly, because it shows development, progress and social awareness to have an international police force that would include women. I would ask the Minister to clarify that in his response.

I would worry slightly about the phrase in section 1 of the Bill — again I am speaking from recollection — where, I think, the words are "duties of a police character". This phrase worries me and I want certain assurances from the Minister as to what precisely that means. I would like to expand somewhat on it. From travelling around the world one thing one notices, even in European countries, is that the work of the police varies considerably from country to country. I want to know precisely what is meant by this. In this country we have a very clear understanding — more than most — about the importance of the police force for police activities and that they are very definitely not part of the Defence Forces, for instance.

On that basis I want to ask about the question of armed or unarmed police. We have a proud tradition of an unarmed uniformed police force. The question of arming the police was a matter of major debate at the foundation of the State. We came definitely to the conclusion that what we wanted was an unarmed police force. I want to know how that fits with this UN peacekeeping force. During the time when we had troops in the Congo perhaps one of their most major initiatives was carried out when they, as I recall, laid down their arms and showed their metal, without carrying arms, in the Congo at that time, in a gesture which made an international impact.

Namibia has seen enough of arms. What happened there has not really come out into the open. It is quite clear that much of the happenings in Namibia for the last couple of years have never made the international limelight. Therefore, I am delighted that we have a presence in Namibia — I want to extend now slightly — and not just as a peacekeeping force. As the Minister will be aware, one of the earliest requirements of the local police force was to expand and increase local knowledge. The effectiveness of the good garda was dictated by the local knowledge he had at his disposal at times of difficulty. Therefore, by sending a police force from here to Namibia I would also see them as the eyes and ears of democracy and the eyes and ears of the UN, not just in the narrow field of peacekeeping but also with a view to ensuring that civil political liberties are protected. In a very real sense that is something that can be offered by our police force. I also think that the recent extension, and to my mind improvement, in the course of training, the pre-appointment course, in Templemore will prove very useful to these gardaí going abroad.

I would like also to raise the question of the Garda Compensation Act. The House will be aware that the very nature of a garda's duties leads him or her into some precarious and often very risky situations. Because of that it has been found necessary over the years to enact legislation which protected in a special way gardaí going about their duties, particularly an unarmed force. To that extent it has been seen as necessary time and again — it is dealt with in courts on a regular basis, as people will see from newspapers — for gardaí to be entitled to claim under the Garda Compensation Act for injuries, risk or whatever arising in the course of their duties as gardaí. It is quite clear, as Senator Kelleher said earlier, that there will be an additional risk involved in the work of the gardaí when they are based in Namibia. With additional risk will come the need for additional compensation. I certainly would like to be assured and reassured that those gardaí who will be serving as part of the UN police force in Namibia will have access to the same or similar protection as is there at the moment under the Garda Compensation Act. I am not sure if that is the proper title of the Act.

In terms of accountability, the fact that we have an international force of gardaí serving abroad is worrying in one sense — isolation from the authority of the State. There is a clear line of accountability through the gardaí on the ground here right through to the elected representatives of the State. Elected representatives are aware of the work of the police force as they are going about their day-to-day duty. If there are any problems people are very quickly made aware of them. They are quite regularly a feature of questions and debate in both Houses of the Oireachtas. It worries me somewhat that that little check or balance may not be there when our police force are in Namibia. I ask the Minister to give me some sort of indication of how the authority or the responsibility of the State will stretch to those gardaí serving in Namibia.

On regular occasions throughout the year we send Oireachtas Members to various parts of the world to attend conferences and various other functions. I say, with the greatest sincerity, that we should bear in mind that at some stage in the future it might be considered important to send a small delegation of Oireachtas Members to see how our police force are working abroad. That does two things. I am not talking about sending Members out in any kind of an inspectorial role. I am asking that they would be there to recognise the work that is being done, to see for themselves the conditions the gardaí are working under and the effectiveness of the people out in Namibia. It would also show a sense of solidarity and concern and involvement with the people of Namibia or wherever the place happens to be. I feel it would be an important consideration. It is not a matter of any urgency and it is not a matter which would be dealt with under the Bill, but there might be more recognition in this way for people doing work like that.

I also welcome the proposals in this legislation for another reason. The work of a garda is, by its nature, stressful. There are many aspects of the work of the gardaí which are very stressful. One of the things we are learning more and more about in stress is that, whereas people can bear a certain amount of it and can live with it, it does eat away at people over the years and does take its toll. One of the great old sayings, that a change is as good as a rest, is certainly brought to bear on this kind of activity.

We have seen in the past three to four years the effectiveness of the career break scheme in the public service, and indeed in parts of the private sector as well. This to me is an opportunity for a small number of the gardaí to work abroad in new circumstances, in a new situation, and therefore they will be able not just to bring something out to Namibia but also to bring something back. There is not the slightest doubt in my mind but that those members of the Garda who are working in Namibia will also be able to bring something back to Ireland. I have this very clear view of Third World and developed world so-called interaction — it should be two-way traffic. It is not all give; it is also receive. We can learn a lot from them.

Therefore, we will see this particular initiative as also something that will be a certain morale boost to our Garda at a time when they need it very badly, because their job has never been more difficult, the pressure on them has never been greater and certainly, as I said at the beginning, they are an underpaid police force. There is not due recognition in kind, in terms of wages, salaries and allowances, for the work they do, the risks they take and their commitment to the State. It also raises for me something which has to be considered by the Minister. We are talking here about a UN peacekeeping force which by its nature will more than likely take place outside European countries. I am talking now about further cases and not just the present one in Namibia.

We have extended this Act and it will allow for the involvement of gardaí in other UN police force duties in other countries. This raises the question of mobility between police forces. I ask the Minister if this has any implications for mobility and exchange between the countries of the European Community. We will be aware of the requirement under the Treaty of Rome for mobility of labour and free movement, etc. Most professions and jobs are working towards the mutual recognition of qualifications and so on. Does this have implications under the Treaty of Rome? In other words, are we moving nearer a situation where a member of the Garda could exchange with a member of a police force in a European country, again under a properly organised scheme? Many other professions are doing it. All the professions I am aware of are seeking to allow for the free movement of personnel between different countries. The first into the field have been lawyers, and certainly most lawyers now are able to interact and work in different European countries. Does this have implications for the Garda? I would welcome some response on that.

I welcome the introduction of this Bill. I see it as a morale-boosting initiative. I hope the questions that are being raised by the speakers will be responded to and outlined in detail by the Minister in his response. I have raised a number of specific queries. First, the question of recruitment. Can we now look forward to additional recruitment in the police force at home in order to compensate for those who leave? Secondly, will the Garda Compensation Act be available to those members of the police force who will be working abroad, or will they have similar cover under some other arrangement with the UN? Thirdly, will the Minister guarantee or indicate or give some kind of a commitment that this will also be open to banghardaí? Indeed, he may request that it would include banghardaí as well as gardaí. Fourthly, will the Minister also give assurances about the conditions of service, recognition of service for incremental, pension and leave entitlement purposes? Fifthly, will the Minister explain in some more detail what is meant by "duties of a policy character" with particular reference to the fact that our police force is an unarmed police force and the implications that this will have for our members working abroad? Sixthly, will the Minister also give consideration to the fact that there might be at some stage in the future a monitoring group from the Oireachtas who would have an interaction with these members of the force who are working abroad?

Finally, will the Minister indicate to us in response to a number of the points raised both by myself and Senator Kelleher that he will have discussions with the Garda Representative Association and the Garda Sergeants and Inspectors with a view to clearing up the details of the conditions of service so that everybody's mind will be at rest on this particular issue?

I intend to be brief. First, I would like to congratulate the Minister. This Bill is typical of the progressive legislation he has introduced since he took up office. It is an exciting Bill. It is innovative and it is an idea which has done a lot to enhance the standing of the Garda Síochána. Our Army have distinguished themselves abroad and I am sure the Garda Síochána will do likewise. Certainly, the experience of travelling abroad and working abroad will do no harm as we prepare for 1993, when we become a united Europe.

I am not quite sure of the actual quotations referred to by a previous speaker, but it was something to the effect of a cheap Garda Síochána. May I say that I do not look at it this way at all. If we go back to January 1988, we see the announcement by the Minister of a multimillion pound renovation plan for the training centre in Templemore. The Minister also announced at that time that a number of new gardaí would be recruited over the next three years, and that is progressing. Three new Assistant Commissioners were appointed, plus one Deputy Commissioner, Mr. Eugene Crowley, who has since become Commissioner on the retirement of that very wonderful and famous man, Mr. Éamonn Doherty.

Are you outside the scope of the Bill, Senator?

I do not think so, because it is leading on to a point, if you will just bear with me. I wanted to point out that I regard the police as being sometimes a maligned force. I was pointing out some of the good points that would be of benefit to people when they arrived in Namibia; their expertise, for example, at locating arms, such as their find at Five Fingers Beach in Donegal in February of last year——

On a point of order, I would like to make a comment. The Senator referred to a remark made by me — the quotation was a "cut price police force". It was made in the context of the subsistence and allowances being paid to our police force, which I felt were not sufficient. I was not maligning the police force in any way. In case there should be further misinterpretation or misunderstanding along the line, that was the point I was making.

I was not sure what Senator Kelleher said but — I accept the point of clarification.

When you are not sure you would be better off to leave it alone.

Perhaps I would be better off. I will not continue in this vein because of what was clarified. I just wanted to mention that the gardaí sometimes come under a lot of pressure, for example when their cars were slashed outside the Garda Social Club or when the greens in Stackstown Club were dug up because they were trying to survey a well-known criminal. We will leave that for the moment. There are many things I could say in favour of the Garda Síochána as a force.

You will not say them now; we all feel them.

No, I shall not. There will be another occasion when I can do so. I should like to say that we owe the gardaí a very great debt of gratitude. Some of the men I would be proud to see going abroad to represent me include Superintendent Patrick Moriarty or Sergeant Patrick O'Rourke, who were both awarded Scott Medals for their bravery during the arrest of the Dessie O'Hare gang.

Senator Lydon, you cannot name those you would like to go abroad. Would you get back to the Bill?

I was giving examples——

We do not want examples. Just stick to the Bill, please.

I just thought that it would be permissible to mention people who would be good ambassadors, members of the Garda Síochána, people of the calibre of Detective Martin O'Connor, who was wounded.

I support the main thrust of the Bill.

With the greatest respect to your naming people, Senator Lydon, I think that anyone who wears the uniform will be as good as anyone else to be sent abroad.

Hopefully, this is only the beginning of an innovative type of response from the Government. The people we have seen operate so well and so bravely in Ireland will do equally well when they go abroad. It may be possible in years to come that the Garda may be awarded a Nobel Peace Prize as well. I commend the Bill to the House and I congratulate the Minister on having brought it forward.

I call Senator Kennedy. Senator Murphy, the reason I am calling Senator Kennedy, is that the last time Senator O'Toole was called so it is now Fine Gael's turn.

Article 29.1 of our Constitution, Bunreacht na hÉireann states:

Ireland affirms its devotion to the ideal of peace and friendly co-operation amongst nations founded on international justice and morality.

Article 2 (5) of the United Nations Charter obliges all members to give the United Nations "every assistance in any action it takes in accordance with the Charter". Under Article 43 of the United Nations Charter all members undertake to make available to the Security Council armed forces and other facilities necessary for the purpose of maintaining international peace and security.

It is in the context of these worthy objectives, as outlined in our Constitution and in the United Nations Charter that I welcome the Garda Síochána Bill, 1989, the purpose of which is to enable the Government to send an appropriate contingent of the Garda Síochána for service outside the State with an international United Nations force, to be known as UNTAG, the United Nations Transition Assistance Group.

The provisions in our Constitution and in the Charter provisions of the United Nations are most pertinent and relevant to the purposes and spirit of this Bill and to the request now addressed to the Government and to this country. Various Garda Síochána Acts preclude members of the Garda Síochána from serving outside the State. This amending legislation will empower and enable the Government to respond quickly and urgently to the request from the United Nations. Following the successful conclusion of negotiations between the parties concerned in the dispute over Namibia in South West Africa, Ireland is now called upon to supply, within the next few weeks, a national contingent of members of the Garda Síochána to serve with UNTAG.

As has been outlined by the Minister for Justice, Namibia is about to gain independence and, with this, elections will be held in November 1989. In order to ensure fair and equal opportunity for all to vote unmolested, the United Nations are forming a police unit of some 500 personnel from eight different countries, including Ireland, Australia, Fiji, Jamaica, Netherlands, Ghana and other countries, to prevent any intimidation or interference with the electoral process and to monitor and supervise the activities and conduct of the local police force, SWAPO, during the transitional period. Our contribution to the total police complement of 500 personnel will be up to 35 members, consisting of one chief superintendent, two superintendents, two inspectors, seven sergeants and 23 gardaí, all under the control and supervision of ex-Assistant Commissioner, Stephen Fanning.

The request to Ireland is especially relevant because of the very special position we occupy in relation to world and international affairs and because of the policies which we and successive Governments have been able to pursue since we became a member of the United Nations in 1956. In the words of Seán Lemass, when he moved the Second stage of the Defence (Amendment) Bill, 1960, which enabled Army contingents to be sent on United Nations missions abroad:

We have tried to deal with world problems and issues on their merits and to arrive at fair and impartial conclusions with regard to them in the light of our obligations under the Charter of the United Nations and of our own national traditions and outlook.

That quotation is as relevant today as it was then.

In July 1960, the first Irish unit to serve overseas arrived in the Congo. We in this country will be forever proud of the 30,000 personnel who have served as wonderful ambassadors overseas ever since.

Like the Minister for Justice, I am confident that our Garda Síochána will enhance the outstanding peacekeeping record of the Defence Forces and that they will play a distinguished and honourable role in the historic task of helping to bring independence and self-determination to Namibia and peace and security to that troubled region.

It has been said in the Conroy Commission report that "the primary function of a policeman is to maintain law and order and to protect the person and property of the general public; to befriend any person who needs help and to assist in any emergency which may arise." It is in that context that I join with the other Members to pay public tribute to our police force at all levels, for the excellence of the service which they have rendered down through the years since they were set up many years ago, in protecting vulnerable and unprotected people from criminals and in advancing peace and security in our country. Indeed, I think that our police force have carved out a very special niche in the hearts and minds of our people and I have no doubt that they will carve out a very special niche for themselves as they travel overseas.

It is appropriate on an occasion like this that we remember members who have been brutally killed in the course of duty; our hearts go out to their families. It is our earnest hope that none of our personnel serving with the United Nations overseas will suffer death or injury.

However, this service in Namibia raises several questions which perhaps have not yet been answered and I would be grateful if the Minister would deal with some of them when he is replying to this debate. From reports it appears that accomodation may be varied for the various personnel who have travelled. For example, members attached to large centres will probably reside in superior type of accomodation whereas those in the bush may well have to live in the rough and may have to look after their own cooking and so on. It is also not very clear what type of transport, if any, will be available and what allowances will be paid to those who are volunteering.

An article in The Guardian newspaper dated 24 January 1989 has outlined certain difficulties about the size of the security forces. It appears that even with the United Nations cutbacks are very much the norm of the day. At this moment the United Nations Secretary General is battling against demands from the Security Council that he make cuts in the cost of this independence operation. The five permanent members of the Security Council want this force cut from approximately 7,500 to 4,500. This raises the question of what hours of duties will the members of our police force have to work and what will be their conditions and terms of employment. I support the views of Senator O'Toole and Senator Kelleher who raised the whole question of additional and appropriate compensation for the additional risks that will be involved.

Finally, I share with the Minister for Justice the view that the three decades which have elapsed since the Houses of the Oireachtas first agreed to our participation in international peacemaking missions have not changed the validity of our commitment to such work. Therefore, we should now help the United Nations in resolving one of its longest outstanding issues and one of its largestever undertakings. I share the view of Senator O'Toole that there should be the fullest consultation with the various police associations, particularly the Garda inspectors and sergeants and the Garda Representative Association. The Minister has an excellent working relationship with these bodies. I also have confidence in the Minister and I would ask him when replying to outline for us any appropriate or additional compensation that will be available to these personnel who undoubtedly will be facing additional risks.

Senator O'Toole ended his contribution by listing a series of questions on which he needed reassurance from the Minister. I will begin what I have to say by putting my questions first, the points which I am not very clear about. One is to echo Senator O'Toole's hope that any vacancies will be made good, that the ranks will not be depleted at home while this worthy task is being carried out abroad.

I am not clear how these recruits are to be selected. It is to be expected that there will be a very large number of applications because, in spite of the reservations expressed by Senator Kennedy about possible rough service, this is an adventure which any full-blooded young garda would like to be engaged in apart altogether from nobler motivations of service to the country in the United Nations. I think we will have a large application. The Bill does not specify anything beyond saying it will be at the discretion of the Commissioner. I would like to know something about the criteria which the Commissioner will use to select the successful recruits.

Finally — this is echoing a sentiment which I noted briefly in the press this morning in relation to the other House, — there is the concern about the financial underwriting of this enterprise, that the State will not be at the loss financially for its participation in this peacekeeping enterprise.

Having said that, all the rest of my sentiments are totally positive. This is indeed an historic Bill and for that reason alone I want to go on record as welcoming It. Whatever disappointments this State has had in its experience since Independence, the performance of the Garda Síochána has not been one of those disappointments. Without being unduly flowery in my expression, the Garda Síochána have been one of the glories of the State. I may say it is doubtful if the State in its turbulent days of infancy could have survived without the help of the Garda Síochána — those days when, as the late Kevin O'Higgins reminded us so lyrically, they had to transact the business of Government with wild men screaming through the keyhole. In those emergency situations the Garda Síochána proved their loyalty to the State and helped the stability of the State. Since 1969 with the State under pressure from renewed violence from the outside, with its inevitable repercussions inside, the role of the Garda Síochána has been absolutely admirable.

In short, the role played by the unarmed Garda Síochána has been one of the things which refuted the British black propaganda in the 19th century that "Paddy could not govern himself", that in the light of the turbulent temperament of the Celtic spirit and so on one could not expect there to be proper self-government in Ireland. The performance of the Garda Síochána has helped very much to refute that libel. This is an historic occasion because now we are to see them taking up peacekeeping operations.

I am glad the Minister paid tribute to the role of the late Seán MacBride in the Namibian story. On the death of Seán MacBride I made an assessment of him in this House which I felt was a fair and honest appreciation of his overall services. Whatever doubt I had about his domestic role, certainly he was one of our most distinguished international statesmen and it is a fitting posthumous tribute to his memory that this development should take place.

I echo the hopes of other Senators that in the course of time this new kind of peacekeeping at police level will in itself merit the award of an Nobel Peace Prize. I welcome in the broader sense the easing of international tension which has led to this development in the first place and the fact that there has been this quadrilateral agreement to bring about peace and self-determination in Namibia. That is widely welcomed.

Finally, I note with great interest the composition of the proposed peacekeeping force. As far as I can see, it would seem that we are the only member of the European Community supplying a contingent to this police force. Am I right in that?

The Netherlands are involved.

That still does not dilute too strongly the point I am going to make. What I am saying is that it reminds us that when our Garda Síochána go to Namibia they will be joining a great international band. They will be part of that great tradition of service to the wider world from this small island, the missionaries, the teachers, the business executives in the Middle East, the nurses, the soldiers and so on.

It should point up to all of us that our role in the world is a truly international role. Of course we are Europeans and 1992 is looming ahead and all that but one of the things that this Bill and all that is behind it spells out to me is that we should never make the mistake of thinking that our only contribution is to be subsumed within the relatively narrow boundaries of the European Community, that our role in the world and the perception of us in the world as a small independent and — dare I say it? — neutral country brings about this kind of tribute to the role we can play and, for other fora, other assemblies, other policies, that should be kept in mind, that we are a non-European as well as a European State.

All my colleagues in the Seanad have welcomed this move and indeed, I think it is a glorious opportunity for us to show off our Garda Síochána. I am certainly extremely happy that this opportunity has arisen to provide so many of the 500 who will be going abroad. I understand, as the Minister said earlier, the number is 35, which is a considerable proportion. I am sorry it is not more but I still think that it is a considerable share of the 500 and I have no doubt that they will be able ambassadors of this country. Certainly the Garda force have served our country and, indeed, our citizens extremely well since they were formed, irrespective of what Government were in power. They gave of their best and they are a force we can always be proud of. I would say they show a standard of professionalism second to none in Europe, perhaps in the world.

All of us are at times critical of certain little actions that go wrong and critical sometimes of the way they handle things, but then we are not always in possession of all the facts. Certainly in my book they show a professionalism second to none in Europe and it is great to have a body of 35 people going from the Garda Síochána to this distant land, Namibia. I regret that such occasions do not arise more often and that perhaps we could send them somewhere a little nearer home so that we would get even more benefit from this force going abroad. It will be a wonderful experience for them and I have no doubt that on their return they will share with their colleagues throughout the force their experiences and perhaps our force at home will benefit from the knowledge that will be passed on as a result of this exercise.

Every year we have visits from various police forces in other countries. We are all familiar with the visits on St. Patrick's Day of a number of police forces, particularly from America. In April of last year we had here students from the Exeter University Police Studies course. I hope the Minister has taken note of this and that he got a briefing from those people who visited us here last April and that he will consider sending some of our men over to do that course. I understand it is an exceptional police course, attended by police force representatives from many parts of the world and great experience can be gained there. I hope that the day is not too far distant when our own Garda Síochána can take part in that course which is not so far away. I am sure many benefits will accrue from it.

We also had for the Dublin Millennium last year a visit of the Royal Canadian Mounted Police. I think all of us will remember their colourful display in the city of Dublin. They paraded through O'Connell Street and were received by the Lord Mayor in the Mansion House and gave displays at the RDS. They were here for 10 or 11 days and created quite an amount of excitement. I think from those visits we should be able to judge the benefit of sending our people abroad.

I regret very much that our Garda Band has not been abroad for a number of years. I think there was quite an amount of publicity here a year or two ago when because of costs they had to cancel some visits that were proposed to some part of the world — I am not sure where. The last time the Garda Band was abroad was in Switzerland in 1983 and five or six years is too long to have the Garda Band confined to our shores. They certainly do a great public relations job with our own people here in Ireland in so far as the Garda force is concerned. I am always glad to see them whenever they appear.

I also believe that they could do an excellent job for tourism for this country and I would like to see them going abroad more often. They have not been to America since 1965 and they have been to Switzerland twice in recent — well, not so recent times: 1983 was the last occasion and 1977 was the previous occasion. That is the extent of their foreign trips in late years and I would urge the Minister to look into this matter. I am sure the Minister would be delighted to go abroad with them also and I would be delighted to see him do so.

I would ask the Minister to have some person in his Department investigate the opportunities that exist, not alone for the band to travel abroad but for other members of the police force. Perhaps an interchange could be arranged. It is probably not an easy thing for a police force in a State to have somebody from another country come in and help out but certainly they could come in and see how things are done. I am sure many police forces in Europe would welcome an opportunity to have Irish police, not so much partaking in but witnessing the way they do things. There could be a useful exchange of views and I think it would be extremely helpful

I hope that the Minister's Department are looking into the possibility, now that this legislation is being passed, of it being availed of as often as possible. As a matter of fact each year I would like to see some members of our police force going to see how policing is done in other countries, perhaps not as far away as we are sending them on this occasion.

Senator McMahon, can we get this 35 sent first and we will look after the rest later?

I will finish up on this, a Chathaoirligh. The Royal Agricultural Show — it sounds a strange choice to send the police band to — is held at Easter of every year in Sydney and it is an occasion for participation by police bands. It is a great window of the world, I believe. They get extensive television and press coverage on that occasion and it would be well worthwhile for us to be represented because more and more people are now travelling between this country and Australia. We get many Australians coming here on holidays and I believe, no matter what the cost, we would be amply rewarded in the tourists it would bring from Australia. I urge the Minister to have somebody in his Department briefed to see where we can use this legislation as often as possible and, if possible, to have members of the Garda Síochána travel abroad on an annual basis and, indeed, have members of other police forces come here also.

I want to thank the Members who gave a very gracious welcome to this legislation, I fully appreciate the views expressed by them. On a personal basis I want to say to Senator Kennedy that his remarks struck an unusual chord. It is not often that one hears a member of an Opposition party quote one of the founding members of an opposing party as he quoted Seán Lemass, indeed with such approval. The non-partisan contribution of the Senator reflects great credit on him.

A number of matters were raised and I will try and respond to them as best I can. At the end, in reply to Senator McMahon, I will deal with a number of matters which one could say are associated with what we are dealing with in the Bill because there is a lot of merit in what he said. I have a lot of common ground with him on a number of matters which I will come to at the end.

A number of Senators asked that the gardaí, even though they are very small in number — in fact I think it is one-third of 1 per cent who are being sent abroad — would be replaced. Of course, any discussion on the level of this country's commitment of Garda manpower to UNTAG must acknowledge from the outset that it is an honour to the Garda Síochána and to the country as a whole that we have been asked to contribute to this international force, which will play an important role in the transition of Namibia to an independent state. This 35-member Garda contingent will represent about one-third of 1 per cent of the total strength of the Garda Síochána. I am satisfied that the advantages to be gained from participation in this historic mission outweigh the loss to this country of the services of these members during their absence in Namibia.

On the issue of replacements for those members who are sent to Namibia, I want to reiterate for the information of the House that the Government have decided that vacancies in the promotional ranks involved in the Namibia contingent — some 12 posts in all — will be filled forthwith. The vacant posts at garda rank, which is the basic recruitment rank in the force, will be filled by gardaí returning from career breaks, which number 20, and redeployment as necessary within the force.

As a result of the dispatch of the Garda contingent to Namibia overall numbers in the force available for duty at home will decline even though there will be a special round of promotions in the rank of sergeant to chief superintendent. However, following consultation with the Garda Commissioner I have arranged for an increase in garda recruitment this year from a planned figure of 300 to 335. The first batch of these trainees, some 85 young men and women, will be starting their training in Templemore in about six weeks time, about the time when their colleagues will be taking up their posts in Namibia. A further 700 trainees approximately will be taken into the training centre over 1990 and 1991. In fact, it is wrong to suggest that resignations or retirements from the force in the present year will outstrip recruitment. Those who have been told that that is so should check it out.

The selection of members of the Namibia contingent is at an advanced stage and the Commissioner has indicated that the members likely to be chosen will be drawn from a geographical spread of Garda divisions throughout the State. Senators can be assured that the dispatch of a Garda contingent will not result in any substantial reduction in Garda services in any area in the State.

In relation to that, of course, when the Government were making up their minds on this matter consideration had to be given to the situation that exists at home. That is an important factor at all times and it can never be overlooked. There is a crime problem at home but not anything as rampant as was suggested by the first speaker for Fine Gael, Senator Kelleher. Never in the history of our State has there been a more successful onslaught on organised crime than there has been over the past 18 months. There is a problem but it is very wrong for Senator Kelleher to suggest that subversive activities are increasing. The Garda have never been more successful in their efforts in counteracting subversive activities than they have been in recent times and the figures are there to show that in the first six months of last year there were more finds of ammunition than there were in the entire ten year period previous to that six month period I am talking about. Furthermore, in the same six months of last year there were more guns, weapons and explosives found than in any six month period for the previous ten years. It is wrong to say that subversive activities are increasing. I want to say that, because if statements are allowed to go unchecked they may be believed by others.

I was asked a question on the allowances that will be paid in respect of United Nations service by gardaí. One of the reasons for this Bill is to ensure that in future gardaí who volunteer for United Nations service do not have to break their service with the force in order to do so. Their pay and pension entitlements will remain intact and the members of the Garda contingent going to Namibia will have a continuing entitlement to their basic pay, rent allowance and boot allowance. Overtime and unsocial hours allowance will not be payable while in Namibia but instead a special daily allowance will be paid to each member of the contingent at a rate to be determined. This allowance will be on the same general lines as the allowance paid to soldiers serving with UNIFIL in Lebanon.

A number of Senators, and rightly so, raised the question as to whether banghardaí will be included in the Namibia contingent. I would draw the attention of the House to the fact that every member of the force was circularised about this service, including the women members. The United Nations has placed no obstacle in the way of women members in the police contingent. It will be up to the Garda authorities to select the membership of the contingent from among the volunteers who have come forward, whom I understand include a number of banghardaí. The decision as to who goes on this mission rests totally with the Garda Commissioner who must have regard in selecting members for Namibia to the nature of the duty involved in the country. It is he and his colleagues who will determine the suitability of volunteers for service in Namibia and, as of now, I cannot say who will finally be selected.

Senator John Murphy asked me a specific question on what criteria the Commissioner might use for selection. I am advised that the following criteria are taken into account by the Commissioner: maturity; self-reliance; a very high level of fitness; a high disciplinary record and interview performance.

I was asked about the length of time service in Namibia will involve. The length of service of the UNTAG has yet to be finally fixed by the United Nations. It will certainly last from April until after the free elections which are scheduled to take place in November. At this stage the information available to me is that a period of about eight months in all will be involved. It is likely but as yet unconfirmed by the United Nations, that they would wish the police contingent to remain without a rotation or significant change of personnel until after the Namibian elections.

A number of Members asked about the role of the Garda in Namibia. The present police force in Namibia, the South West African police service, is effectively controlled by South Africa. In the period coming up to the Namibian elections, many people who have been actively involved in the long running conflict in that country will be returning to their homes and their villages. Some of these people will have been "on the run" from security forces in Namibia in the past.

In what must be a time of tension in Namibia, the United Nations police force will be deployed in the police stations around the country to monitor the law enforcement work of the local police. If breaches of police discipline of a serious nature occur, these will be reported immediately to the United Nations commanders who will intervene at a senior level with the South West African police service to bring about an end to the abuse or abuses in question. It is felt that the active presence of United Nations policemen in the local stations will be an inhibiting factor in relation to any such problem. It is also anticipated that the police contingent will have a role in relation to ensuring that the election process is not interfered with.

On the question of costs and reimbursement by the United Nations, while the precise reimbursement terms have yet to be notified to us, it is likely that payments will be made by the United Nations at a similar rate and on the same basis as applies in the case of the Irish Army personnel in Lebanon. This would involve reimbursement of some US$1,020 per member per month for extra and extraordinary expenses, full reimbursement of travel costs and the provision of free accommodation, meals and medical care for members of the contingent.

I understand that for the present, United Nations reimbursement at the rate of 60 per cent of amounts due were made monthly in arrears. The balance of 40 per cent is not being paid at present because of financial difficulties in the United Nations caused by arrears of contributions by certain member states. I am not in a position at present to estimate the cost of uniforms and items of equipment that will need to be supplied to members serving in Namibia. Arrangements for the equipping of the gardaí are being made by Garda GHQ with the co-operation of the Army Quartermaster General's branch.

On the question of conditions in Namibia and the deployment of the Garda contingent, I understand that a small number of the Garda contingent will be based at the headquarters in the capital, Windhoek, and that other individual gardaí will be attached to police stations throughout Namibia but mostly in the more populas northern tip of that country. The gardaí are likely to be in the company of other UN police force members at most times and a significant number of these are already likely to be English speakers at least at second language level. The Fijian, Swedish and Dutch police contingents will be serving there.

Parts of Namibia are desert country but the inhabited areas are more temperate in climate though generally a good deal warmer than in Ireland. Namibia is roughly ten times as big as Ireland, bigger than Germany and France combined and distances, as were expressed by a number of speakers, between UN posts will be considerable and the use of the country's network of airfields at times will be necessary as the UN Headquarters in Windhoek keeps in touch with its contingents in the countryside. It is important to stress that all the parties to the dispute over Namibia have officially welcomed the presence of the United Nations transition assistance group and have undertaken to co-operate with it in its work.

I understand that the United Nations intend that the police monitors in Namibia will be an unarmed force and in general that members of the force will not carry arms while on duty. However, small arms will be available to members to equip themselves with in situations of personal danger, that is travelling in small parties in the wilderness etc., if that takes place.

On the question of medical arrangements, the United Nations will look after the medical requirements of members of UNTAG while in Namibia. In cases of serious illnesses, members will be transferred to hospital or will be brought home to Ireland by the United Nations. As part of the selection process, volunteers who are otherwise suitable for Namibian duty will undergo a rigorous medical examination by the Garda surgeon. The members selected will undergo a course of inoculations to protect them against a number of diseases they could possibly encounter in Namibia, including typhoid, cholera, polio, malaria and yellow fever.

I have been asked what would be the benefits payable to the estate of a member killed on duty in Namibia. In the event that a member of the Garda Síochána is killed on duty in Namibia special superannuation will be payable as follows. First, a death gratuity of not less than the members' annual pensionable remuneration will be payable to the personal legal representative of the deceased and in the case of married members, a special pension up to a maximum of two thirds of the members' pensionable remuneration will be payable to the spouse. It would be open to the spouse and other eligible relatives of such a member to seek compensation in the High Court under the Garda Síochána Compensation Acts and there would be an entitlement to compensation under a scheme operated by the United Nations. Contributory benefits under Social Welfare Acts would also be payable by virtue of the member's social insurance record.

I was asked about members who are injured on duty in Namibia. The United Nations will pay for medical attention for any member of the Garda Síochána who is taken ill or injured while on duty in Namibia. In the case of serious illness or injury, the member will be hospitalised or if necessary flown home to this country. In the event of a member being injured on duty to the extent that the Garda surgeon certifies that the member is so incapacitated that he is unable to perform his duties and that such incapacity is likely to be permanent, such a member will be entitled to benefits under the Garda Síochána pensions orders. In addition, the member would qualify for compensation under a scheme for compensation operated by the United Nations. It would be open to the member to seek compensation in the High Court under the Garda Síochána compensation Acts.

A number of Senators queried the number of applications for participation in the contingent going to Namibia. I am informed by the Garda Commissioner that he is most pleased with the response to his request for volunteers for duty with the UN in Namibia. In spite of the shortage of the notice involved, which was unavoidable, almost 600 members of the force made themselves available for selection. The readiness of these members to put themselves forward for an assignment, which will involve a fair deal of hard work in an unfamiliar environment, is further testimony of the devoted service the Garda have given to this State down the years.

A number of Senators have already paid tribute to the commitment of the Garda Síochána. I am sure the members chosen for service with the United Nations in Namibia will equit themselves with distinction in the same way as members of the Defence Forces have done and are doing on other United Nations missions.

There are a number of other items I will try to deal with as best as I can. Senator Kennedy is right in saying that there will be variations in the type of accommodation that will be there. That is so. They will not be roughing it to the extent of being out in tents for weeks. I am advised by people who have been there and who have reported to the Commissioner that there is bunk house style accommodation there and that there will not be a two-class situation or anything like that. The gardaí will be properly looked after.

Senator Lydon said that members of a high calibre should be going to Namibia. I am happy to say that the Commissioner has a large number of very well qualified and motivated volunteers to choose the 35 from. It will be, as the Bill provides, a matter for the Commissioner's discretion. I am quite certain that there will not be a mass withdrawal from the volunteers who are most anxious to go. In fact, the opposite is the case. There was a genuine point raised about the lack of information.

That was what I was worried about.

There is a problem with lack of information. Members must recognise that negotiations for Namibian independence concluded unexpectedly at Christmas, less than two months ago, and since then that information has been passed on to the Garda Associations as it come in and the Commissioner has directed that his Deputy Commissioner, Mr. JP McMahon, would be available at all times to keep the associations up-to-date with matters as they are developing. This is satisfactory from the members' point of view.

The working hours of the Garda contingent have not been finally decided by the United Nations. However, the United Nations have assured us that the welfare of members of UNTAG will be of priority concern of the United Nations commanders in Namibia. Any requirement for members to work long hours over the short-term will be balanced by compensatory leave.

With regard to hepatitis B, the position is that any member of the force who is genuinely at risk — this has nothing to do with Namibia — in this area will be provided with the vaccination. This information is well known to the Garda associations. There is a legal requirement to sign a waiver in relation to this vaccine with which the prison officers had no problem.

Senator O'Toole said that the word "Garda" is the statutory name of the rank. That is so and it includes banghardaí. I understand — I am sure Members of the House will be glad to know this — that a number of banghardaí are at present undergoing medical examinations while consideration is being given to their applications for membership of the contingent. It is a matter for the commissioner to decide bearing in mind what has to be done.

On the question of family contacts and given the anticipated duration of the Namibian duty, eight months from April, no immediate provision is being made by the United Nations for home leave for family visits for members of UNTAG. The United Nations have assured us that in the event that the Namibian mission is prolonged, the normal arrangements for home leave will apply, but in special compassionate circumstances members will be sent home. Those circumstances will be indicated to members before they leave. Circumstances I would envisage would be death of a close relative, spouse, parent, child or serious illness of same. These are normally the circumstances that would be taken into account.

There were one or two other matters mentioned that I will put at rest. It is said that a little knowledge often can be a very dangerous thing. For fear that that little knowledge that is not based on fact might be taken as gospel by others, for the enlightenment of Senator Kelleher and those who have been advising him, I feel I should say that the restrictions on the public service recruitment do not apply to the Garda Síochána since October 1988. One in three of promotional vacancies can be filled in the force as against one in ten in other areas of the public service.

I come to Senator Larry McMahon, I fully recognise the value, as the Senator does, and importance of interchange between members of our police force and others. At all times as far as I could I have encouraged it. We have had gardaí as students in a number of other police academies and colleges at different times. We have had them in England and Scotland. I remember in 1981 the Commissioner at the time sought my permission to leave the country to preside at the passing out parade in the Scottish College of Police.

We have had a number of gardaí selected by the Commissioner to attend specialist courses at the FBI college outside Washington. This is something we would encourage. At present we have members of other forces in this country helping and advising with regard to training methods and specialist courses. It is intended that we will have interchange shortly between members of our force and the Dutch and Danes. We will be seeking their help and advice on a number of matters and they have graciously agreed to help us.

Senator McMahon mentioned the most enjoyable occasion we all remember in recent times, the visit of the Royal Canadian Mounted Police to Dublin. About 18 months ago we had a special session there for four of our chief superintendents who were selected by the Commissioner to do a very specialist course from which they benefited considerably. It is no secret, and Members will know, that three of those four already have reached the rank of assistant commissioner in the force and have brought specialist expertise with them as a result of this interchange the Senator mentioned. I am most anxious that we would at all times keep in touch with what is going on in other areas. We are very active in Interpol. Deputy Commissioner McMahon recently represented the force at the international conference of Interpol held in Bangkok before Christmas. We play a full role there and it is to our own advantage that we do. We give and we receive. That is what it is all about. There is no competition between police forces, except to do the job better at all times in an effort to defeat the criminal.

Something near and dear to my own heart is the Garda Band. I have helped them every way I can during difficult times. I have never said this before, and I probably would not say it now but for the fact that the outgoing conductor, Superintendent Boyle, said it publicly in my absence at a farewell concert for him in the National Concert Hall around Christmas, but I agree with Senator McMahon that they are an excellent public relations unit for the Garda. They help the public to have a better relationship with them. One only needed to stand in Denny Street in Tralee at the Rose of Tralee festival to see 100,000 people cheering, encouraging and acknowledging everything the Garda Band did. I would love if they could go abroad more often but we are in difficult times. It is steady as it goes for a little while. Perhaps when the economy improves, as I am sure it will, we may be able to start off what was put aside in 1983. I remember one very good summer evening in Brussels in the early eighties coming down the Grand Platz and in the place of honour were the Garda Band. I was very proud that they were performing there with a large number of Europeans listening.

The cost could be repaid tenfold. It is false economy not to send them abroad.

I accept that. The regard we have for the Garda Band can be clearly seen. Despite all the harsh measures that have taken place recently on many fronts the Garda Band are still there — there was a time when they were not there — and it is my intention that they will be there for the reasons Senator McMahon has outlined.

I would not want Senator Kelleher, any Senator, or any Oireachtas Member, to think I would ever lecture anybody but I feel strongly on one point. Before people with the best intentions use phrases like "Garda morale is rock-bottom" they should think twice. Garda morale, in my view, was never higher. They are so proud of their recent successes on all fronts of Garda activity in dealing with criminals that morale is high. Of course, there are complaints. Naturally there would be with cutbacks in overtime, that is very human but the reality as far as Garda morale is concerned is that the Commissioner — present and past commissioners — has publicly on a number of occasions spoken most highly and favourably of the level of Garda morale that he has found, as has his deputy and assistant commissioners and the chief superintendents who are the divisional commanders of the force. Any harm that might be done to Garda morale comes about by throwing around loose phraseology about things that may not be fully understood. The Garda force is a wonderful force. I totally agree with Senator John Murphy and others when they talk about the proud tradition of the force.

Minister, I cannot accept that. I stated that the Garda force is a wonderful force. There is no question about that.

I am talking about Garda morale.

I am also talking about Garda morale.

May I be allowed to conclude my remarks? Afford me the same courtesy I did you.

The Minister did not do me the courtesy of not interrupting me.

I am quoting the Senator. He said: "Morale in the force is very low". I say to the Senator he is badly informed. His source did not brief him as genuinely as I would want him briefed when we are discussing such an important aspect of a force that serves the whole community.

Question put and agreed to.
Agreed to take remaining Stages today.
Bill put through Committee, reported without amendment, received for final consideration and passed.
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