I welcome the Minister to the House. It is great to have her here. She has ten minutes.
Policing, Security and Community Safety Bill 2023: Second Stage
Question proposed: "That the Bill be now read a Second Time."
I am pleased to introduce the Policing, Security and Community Safety Bill 2023 to the House. As Senators will be aware, it gives effect to a programme for Government commitment. It also forms part of the wider policing reform programme called A Policing Service for Our Future, published by the Government in December 2018 to implement the recommendations in the report of the Commission on the Future of Policing in Ireland. This report was a comprehensive examination of all aspects of policing, including all functions carried out by An Garda Síochána and the totality of the policing oversight, governance and accountability arrangements.
In developing this Bill, there has been extensive consultation with stakeholders, including the Garda, the policing oversight bodies, the Data Protection Commission and all Government Departments. The Bill also takes account of the recommendations of the pre-legislative scrutiny report of the Joint Committee on Justice and the submissions of the various contributors to that process.
The Bill has four main objectives. It aims to make community safety a whole-of-government responsibility. This is based on the view that promoting safer communities through preventing crime and harm, particularly to individuals who are vulnerable or at risk, is a shared responsibility. It involves not just the Garda but also Departments, agencies in health and social services, local authorities and the wider community working together. This is linked to the key finding of the Commission on the Future of Policing in Ireland report that the prevention of harm to individuals, particularly those who are vulnerable or at risk, should be an explicit objective of the Garda as this reflects the reality of day-to-day policing.
The second objective is to strengthen independent external oversight of the Garda. The Bill introduces a package of measures to ensure this oversight framework for policing is coherent, thereby supporting clear and effective accountability and, ultimately, better policing. The Bill does this through the establishment of a new policing oversight body and a reformed system for the handling and investigation of allegations of Garda wrongdoing.
The Bill strengthens internal governance by establishing a new non-executive board of the Garda. This is a corporate governance standard across the public and private sectors. The Garda Commissioner will be empowered to exercise functions relating to workforce planning, HR, industrial relations and finance. The Bill provides that the Commissioner is operationally independent but will be also supported by, and report to, the board.
The Bill also improves the oversight of national security arrangements in the State by providing for the establishment of an independent examiner of security legislation.
I will now briefly set out the main elements of the Bill. It is broken into ten Parts with 300 sections and seven Schedules. Part 1 sets out key definitions of the Bill and the policing principles which underpin the provision of policing services in the State.
Part 2 details the functions of An Garda Síochána and, among other things, the arrangements for its governance, organisation and personnel, and the relationship with the Minister and Government. This includes provision for the Garda Commissioner to recruit Garda civilian staff directly into the organisation as public servants, which will foster the idea of a Garda career for all Garda personnel, members and civilian staff alike. It also provides a mechanism for designating existing civilian staff as public servants working for the Garda. However, I want to stress that the commencement of the legislation will have no automatic effect on the current position of existing civilian staff. There will be no change in this regard until an order has been made by the Minister. This area is currently the subject of detailed consultation with the unions concerned and my Department has recently confirmed that no such order will be made until at least 1 January 2025. It is also worth noting that the increased civilianisation of roles that is likely to follow from enactment of this Bill is likely to result in further career and promotional opportunities for such Garda staff.
Part 3 provides for a framework at both national and local levels which will underpin a new whole-of-government approach to community safety. This will promote safer communities through the prevention of crime and harm, and will involve the Garda, Government Departments, agencies, local authorities and, above all, the communities themselves working together to achieve this objective.
Part 4 provides for the establishment of the new policing and community safety authority. The new body will merge the existing broad-ranging oversight functions of the Policing Authority and the inspection function of the Garda Síochána Inspectorate, building on their good work to date.
Part 5 provides for the reform and reorganisation of the Garda Síochána Ombudsman Commission while Part 6 provides for the reformed processes and procedures relating to the handling of complaints and the conduct of investigations into allegations of wrongdoing on the part of Garda personnel. The objective of the reforms proposed in both of these Parts is to deliver a more advanced complaints and investigation system that is more efficient, effective and fair, thereby ensuring a better experience for all involved.
Part 7 provides for the establishment of the office of the independent examiner of security legislation which will help promote public confidence in national security measures and enhance the national security response. The primary function of the independent examiner will be to keep under review the operation and effectiveness of security legislation to ensure it remains necessary and fit for purpose, and contains appropriate safeguards. It will also have a general examination function in respect of the delivery of security services and it will also review refusals of information to the policing oversight bodies on grounds of security.
Part 8 contains regulation-making powers in relation to the management of the Garda and other matters.
Part 9 addresses a number of miscellaneous matters, including a specific data-sharing provision between the Garda, the new policing and community safety authority, the police ombudsman and any other prescribed bodies solely for the purpose of the exercise of their functions.
Part 10 contains consequential amendments to a number of other Acts.
I will take this opportunity to again thank Deputies in the Dáil for their previous engagement with this Bill. The Committee and Report Stage debates gave an opportunity to clarify a number of issues. These included the status of Garda civilian staff, the new role envisaged for the Policing Authority, the role of the proposed board of the Garda and the nature of the reforms proposed to improve the Garda complaints process. I also brought forward amendments relating to the official names of policing bodies in line with the Official Languages (Amendment) Act 2021. I look forward to constructive and similar engagement with Senators in this House. I also intend to introduce some further amendments at the next Committee Stage, mostly technical but some born out of further consideration of certain issues in the Bill.
I am satisfied the reforms included in this Bill will see the policing and security landscape entirely transformed over the coming years with a new, clear governance and oversight structure and framework for policing, the strengthening of oversight of national security arrangements and the introduction of structures to foster multiagency responsibility, and drive interagency collaboration, in the pursuit of community safety.
I look forward to hearing Senators' contributions. I commend the Bill to the House.
Cuirim fáilte roimh an Aire ar ais go dtí an Teach. The Minister is welcome to the House. I thank her for outlining in good detail the bones and framework of this important legislation, the Policing, Security and Community Safety Bill 2023. From my party's perspective, we very much welcome and support the Bill, which, as the Minister outlined, provides a new framework for policing, security and community safety. When enacted, it will repeal and replace the current legislation, the Garda Síochána Act 2005, in its entirety.
The Bill is based on the recommendations of the commission report, which was informed by extensive consultation, including with members of the public. The Bill has four main objectives, as the Minister outlined. It aims to make community safety an all-of-government responsibility. It strengthens the independent external oversight of the Garda. It strengthens internal governance by the establishment of the new non-executive board of the Garda. It also provides for the oversight of national security arrangements in the State and for the establishment of an independent examiner of security legislation. I will consider those objectives in a little more detail.
Making community safety an all-of-government responsibility is important. As we know, gardaí are immersed in the community and, thankfully, have the consent of the community to do policing. The Garda is an unarmed force and has always, and rightly, enjoyed the support of the community. That is something we sincerely hope will continue. The Garda is there to support all our citizens, particularly the most vulnerable in our society. I am glad to know there will be new activity for harm prevention that is not related to crime. That activity aims to assist people with mental health conditions, homeless people, children, the elderly and others at risk. That is welcome.
The prevention of harm to individuals who are vulnerable or at risk is, as I outlined, a specific objective of the Bill. The objective of promoting safer communities through the prevention of crime and harm, particularly to individuals who are vulnerable or at risk, is a shared responsibility - which is a good development - with other Departments and agencies, such as those in the health sector, social services, local authorities and the wider community, working together.
The Bill puts in place a new framework for community safety. It includes a national strategy for improving community safety, a designated Cabinet committee to provide political oversight, a national community safety steering group to provide senior leadership and direction, and a national office for community safety, sitting under the steering group, which will be the operational executive with responsibility for delivering the national strategy objectives and supporting the local community. Those are initiatives to be welcomed.
Another of the objectives is to strengthen the independent oversight of the Garda, which is important, as the Minister outlined. It is important that members of the public have total confidence in the Garda.
It would be remiss of us not to highlight the fact that, unfortunately, some members of the force have let others down by their activities. It is important that there is proper oversight over members of An Garda Síochána as they go about their daily duties. Having said that, it would also be remiss of me not to highlight the fact that members of An Garda Síochána have issues with investigations carried out by the Garda Síochána Ombudsman Commission, GSOC, and specifically with the time it takes for investigations to be completed. In some cases, they can go on for years, which is very unfair on everybody concerned. I do not know whether that is down to GSOC being short-staffed or another issue but I am aware of some cases where members have been under investigation for years. That is certainly not satisfactory and I sincerely hope that this much-needed oversight will be fair and balanced and carried out in a manner and within a timeframe that are satisfactory to all concerned.
I will make another point on that issue. We talk here about oversight and it is vitally important that we have oversight but there is one issue with this that causes me some concern. Who is to have oversight of GSOC? Every organisation should have an overarching body that has oversight over its activities. That is an aspect of this Bill that concerns me. From my observations to date, that seems to be lacking. It is important that this matter is looked into.
My third point is on the internal governance of An Garda Síochána. This, again, is very much something to be welcomed. I welcome the developments in that regard. The only wee concern I have is that those who are going to be overseen, that is, those at the rank of garda, sergeant or inspector, do not seem to help make up the governing body and have no voice on it. From an operational perspective, the inclusion of a member on that board would add value. Perhaps that is something the Minister could take on board.
By and large, my party and I are very happy to support the Bill. Every organisation needs reform from time to time and the Garda is no different. We are pushing an open door because the gardaí I speak with themselves want to see a modern police force. They want to retain the special link and relationship they have with the community. That is something we should cherish and never take for granted.
We have ongoing challenges with where An Garda Síochána is as an organisation. The impasse that seems to have developed between Garda Commissioner Drew Harris and the Garda Representative Association disappoints me very much. I have spoken to the Minister here about that a number of times and I know that she has encouraged all stakeholders to get around the table and try to sort matters out. Unfortunately, there does not appear to be much progress being made at this point in time. Perhaps we are getting to the point at which the Minister should consider appointing a mediator to mediate between both sides because we have a very serious impasse here. I am not going to criticise either side. In the same way as the Minister, all I want is a solution. I again appeal to all sides to sit down around a table without any preconditions whatsoever to try to find a solution. In the history of An Garda Síochána, which stands at more than 100 years, we have never been in a situation like that we are in now. I ask everyone involved in this impasse to reflect on that because, at the end of the day, gardaí are servants of the people. They are here to serve the people and I ask them to drop any preconditions. Perhaps it might take a mediator appointed by the Minister to initiate such a process. At the moment, we are going nowhere in a hurry and that is something neither the Minister nor I want to see.
In summary, I ask that the Minister reflect on the possibility of appointing a mediator to try to get the two sides around a table. It is often the case in disputes that it takes somebody new to come to the table with a fresh pair of eyes to see an opening that both sides can buy into. Again, I am happy to support the Bill and commend the Minister on bringing it forward. I look forward to its speedy passage through the House.
Before I call Senator Gavan, I welcome Commandant Leo Quinlan to the Distinguished Visitors Gallery. As we all know, he is the son of Commandant Pat Quinlan, who was the commanding officer at the battle of Jadotville in 1961 when 155 Irish soldiers repelled a force of 3,000 enemy soldiers over five days, with all 155 Irish soldiers coming home alive, which was an outstanding achievement. Commandant Quinlan was also an Irish cadet guard at the funeral of the 35th President of the United States, John Fitzgerald Kennedy, in 1963. It is a real honour to have Commandant Quinlan here with us in Seanad Éireann. I thank him for all the work he is doing to make sure the memory of the heroes of Jadotville lives on in Irish society.
The Minister is very welcome. I will begin by welcoming a number of guests who are here in the Chamber specifically to hear what the Minister has to say. They are all from the Fórsa trade union. We have Jim Mitchell, assistant general secretary, Niall Shanahan, external communications director, and a host of workers from the Garda civilian staff. I will tell the Minister where they have come from. They have travelled from Galway, Tipperary, Dublin, Donegal, Mayo, Kerry and Wexford to be here today. That, in itself, says something because - let us face it - it is hard to get people to come here to see what we do at the best of times.
These people are here because they are really concerned with the lack of negotiation to date on the new terms and conditions. I have to challenge the Minister because, in her speech, she said that detailed consultations have taken place. I am sorry but I have to disagree with her because the folks who have travelled here today have been very clear that there has been no detail. They have not had any sight of the new terms and conditions. They have been waiting to negotiate since the end of last year and there have been no negotiations. This is causing great concern. The Minister has to understand that, when there is a vacuum and no negotiations and when you are trying to make the types of changes she is proposing to make, people are left very unsettled altogether.
Some of the process the Minister has commenced is of real concern. The process of drawing up terms and conditions is being outsourced to a private consultancy when there are true experts in both Garda management and the Fórsa trade union. Fórsa is not just one of the best unions in Ireland but one of the most professional trade unions anywhere in the world. It has expert negotiators and expert human resources specialists.
The idea that this would be put this out in the first place is a huge mistake but this vacuum and absence of real negotiation is causing great concern and I really do share those concerns. The Minister is looking to make fundamental change. As I understand it, one of the ideas of this Bill is to ensure that everyone is on the same team. That is one of the key themes of the Bill. If they are on the same team, why has the Minister not commenced detailed negotiations? We know she has the new terms and conditions but none of these people have seen them. She has not shared them with them. This is a political choice she has made. I appeal to her today to make a different choice.
I ask her to speak to these people, who, as I have said, have travelled from all over Ireland today, at the end of this debate. They would appreciate it if she would go and spend some time with them. I will tell the Minister what she needs to say. In fairness, she can say it in her response today and I really and truly hope she does. She should tell these people that she will start negotiations immediately. There is no need for any delay. I ask her to give them that assurance. Furthermore, she should assure them that, if it becomes necessary to go to the Workplace Relations Commission, she will do so. The idea that any Minister could not say that is frankly ludicrous because all Ministers respect the industrial relations machinery of the State. These people, who are trade unionists and front-line workers, need to hear that from her today so I am giving her an opportunity to give them full reassurance. I really hope she does so. She should be clear on the fact that they have not travelled here lightly. They have taken time out of their work to come here today from all over Ireland because they are deeply concerned. The process has not been good and the detailed conversations have not taken place. They have no detail whatsoever.
The Minister has it in her power to fix this today. She should tell them she will commence negotiations straight away. She does not have to wait until the Bill is passed. As an industrial relations practitioner with SIPTU for many years, I know she can start those conversations today. She needs to do so. Above all, she should, please, give them that reassurance in respect of the Workplace Relations Commission. She needs to state that in order that these people can leave here today feeling they have some comfort from her. She can see the seriousness of this issue.
In my remaining time, I will speak briefly on the Bill. The Minister is aware that Sinn Féin proposed amendments in the Dáil. She accepted some of them and we appreciate that. She is also aware we moved more than 50 amendments on Committee Stage and secured some important concessions but there are still issues in many areas. Having moved further Report Stage amendments, Sinn Féin could not support the Bill in its final format despite the positive progress made.
While Sinn Féin welcomes strengthening the governance of An Garda Síochána, including the creation of a non-executive board for the Garda, it would prefer for the Policing Authority, PA, to have been invested with more powers, especially in respect of policing priorities and strategy. In addition, Sinn Féin believes the PA and GSOC need more independence. Both bodies are required to refer to the Commissioner when making certain decisions. Sinn Féin welcomed the idea of expanding responsibility for community safety beyond An Garda Síochána but it is not clear for what purpose the national community safety group and national office for community safety are separate from the Policing Authority. The replacement of local policing partnerships with local community safety partnerships, which have more defined powers, including setting priorities locally, is an improvement and we acknowledge that, although more details should be set out in the primary legislation rather than being left to statutory instruments. Sinn Féin believes it is a mistake to replace the existing PA and Garda Inspectorate with a policing and community safety authority. We are opposed to the abolition of the Garda Inspectorate, the watering down of the PA and a duplication of functions within the board of An Garda Síochána.
The complaints system has long needed reform. Sinn Féin proposed amendments to give GSOC more time to investigate complaints, which are sometimes received quite late. GSOC is understaffed and does not always enjoy the co-operation of An Garda Síochána as currently constituted. It remains to be seen whether the proposed change to improve the complaints system, that is, restructuring GSOC to the office of police ombudsman, will work.
The establishment of the office of independent examiner of security legislation is a positive development overall but it is important that clarity is provided on what does and does not constitute State security. This is key and has been used in the past to prevent accountability. Accountability and transparency are crucial as the far-reaching changes to policing proposed under the Bill are rolled out.
Sinn Féin cannot support the Bill as it stands. There are too many outstanding issues that my colleague, Deputy Pa Daly, tried to get ironed out on Committee and Report Stages in the Dáil but to no avail. We are still willing to work with the Minister. We will be bringing forward further amendments on Committee Stage here in the Seanad. We want to see a good Bill passed but we have several concerns. In that regard, I acknowledge the presence of members of the Irish Council for Civil Liberties in the Chamber today. The Minister knows what those concerns are and we share many of them. It is important to address those.
Above all, I ask the Minister to be specific in responding on the Bill and the concerns of our brothers and sisters from the Fórsa trade union, who are on the front line of civilian staff. I have given her the words she needs to say to them. The process to date has been truly unsatisfactory. There have been no detailed consultations. They have had no sight of the proposed new terms and conditions even though we know the Department has them. There have been mistakes in how it has been dealt with to date but the Minister has the power to resolve this today. I urge her to do so and speak directly to these people at the end of this debate.
I welcome the Minister to the House and recognise the fact, as Members do, that she is a particularly reforming Minister who takes a much broader perception of what the Department is about and a more holistic view of how things should be done. That has been visible in the area of domestic violence and so on and it is clear here today too. It is necessary. That is not to say that she strays from the core objectives - she does not - but it is important also to think outside the box a little. I welcome that.
To turn to the Bill, I have several observations. Of course, Fine Gael is supporting the Bill. I like the first concept the Minister set out, namely, that community safety be a whole-of-government responsibility. I have just come from an event organised by my good colleague Senator Lombard at which we were addressed by representatives of the Dyslexia Association of Ireland, including their ambassador, Miss Ireland, and so on. One of them made the point that a disproportionate number of prisoners in jails have dyslexia. That is the case because they are alienated at school and dysfunctional in the traditional school setting, which leads to a general dysfunctionality and alienation that leads to detachment from the apparatus of the country and the Government and results in crime. There is a disproportionate number of such people in jail. Similarly, Seán Campbell, CEO of Foróige, addressed us recently. He made the point that for every euro spent on youth services intervening with young people, €2.50 of a return is accrued in the sense that prison sentences, health issues and so on are reduced.
The broad point is that community welfare, policing and security is a broad interdepartmental challenge. I welcome that. It is in the legislation, but I ask the Minister to explain further in her response how exactly each Department will get to make an impact. In what ways will they be made responsible for dealing with facets of potential causes of crime and difficulties in the sense of this being a whole-of-government responsibility? It is already so in a theoretical sense but it is important to give it more practical effect.
This is Second Stage, which allows a certain level of licence. It has recently been reported in local media that there might be a diminution of community policing. I would like the Minister, in her response, to provide an assurance that will not be the case. I know it is not implicit in the Bill in any way but it would be good to know as a general point in the context of discussing the legislation.
We need to look at the individuals in question - the vulnerable people at risk, as the Minister stated. That is a worthy first objective. She set out that a second objective is to strengthen independent external oversight of An Garda Síochána. Of course, that is very welcome. As the previous speaker stated, it is something that almost all gardaí would welcome. The Bill provides for the establishment of a new policing oversight body and a reform system for the handling and investigation of allegations of Garda wrongdoing. It is important for that mechanism and those procedures to be in place. There should be a public dimension to that, not only in the sense of openness and transparency but also through the involvement of laypeople and those outside of policing.
The Bill strengthens internal governance by establishing a new non-executive board and corporate governance structure. That is a novel concept in the context of An Garda Síochána. It was not there previously. If I understand other briefing notes correctly, this is an international norm. I ask the Minister to confirm whether that is the case and to say how it has worked elsewhere. It is an interesting idea and I hope it will improve management. It might in some way head off the kind of difficulties that are currently being experienced, where there is a collision between the Commissioner and the membership of An Garda Síochána. The existence of such a body as a corporate governance board might be helpful in that context.
Obviously, as in all similar situations, the Commissioner will deal with HR, industrial relations, finance and workforce planning. That contradicts what I just said but, at the same time, the existence of the board in an advisory capacity might help.
While I welcome an independent commissioner supported by the board, what tends to happen in practice is that there is a community of effort. When we were in local government, people would decry their lack of powers and that certainly was an issue but there tended to be a shared responsibility at the same time, a mutual satisfactory coexistence between the members and the executive in most cases, or at least where good practice existed. Similarly, there should be a good level of interaction here. In that context, I would support and endorse the words of my colleague, Senator Gallagher. I know it is uppermost in the Minister's mind and we all look forward to the current dispute being resolved. Every mechanism available should be used to try to achieve that. It behoves both parties to move to try to resolve it.
The concept of an independent examiner for national security arrangements and legislation is an interesting one. That has a particular relevance in the context of what happened on the first day of the new parliamentary term when there was a very disturbing presence outside these Houses. That is an important point and I ask the Minister to elaborate further on how that might work. It is a very important provision given the existence of the far right.
I like the idea of civilian staff and for many years, mine was one of many voices calling for the recruitment of as many civilian staff as possible into An Garda Síochána. Indeed, many such staff are in the Public Gallery today and they are very welcome. Civilian staff are crucial so that we can have our gardaí on the streets and in active service, doing what they do best and what they want to be doing, which is policing. We should augment our civilian staff. I have no doubt the Minister will be saying later that she is actively working on this, that there is no threat to the terms and conditions of existing staff and that there will be more civilian staff, which is how it should be. I would like to hear more about that. The concept of increasing and augmenting the number of civilian staff is a good one. The prerogative lies with the Commissioner, who determines when they become necessary and not only is it cost-effective, it is also much more efficacious in every way.
The Bill, which the Minister moved to be read a Second Time this afternoon, contains a considerable amount of detail. It is substantial legislation which the Minister proposes to enact. It is important to emphasise that at its core is community safety. Some of the people listening to these proceedings may not be instantly or keenly interested in Garda oversight structures, internal governance or national security legislation, although these are vitally important. Some are more worried about whether they will be able to get home without being harassed today and some will be preoccupied with the exact time of sunset in case they have to change their walking route home in the dark. This must be our main focus. This is the social contract which underpins everything between the State and its citizens. People obey laws but are protected by the State.
This Bill will put community safety beyond the sole remit of An Garda Síochána. It is envisaged that it will become an all-of-government responsibility, including that of State agencies and local authorities. The prevention of harm to individuals who are vulnerable or at risk will be a specific objective of An Garda Síochána in performing its functions. The Bill will also enable communities to be proactive, to get the right support at the right time with both crime and non-crime issues such as helping people with mental health difficulties and addiction issues.
I urge the Minister to consider providing funding for women's and girls' safety audits, a framework developed by the UN Habitat agency. The Minister has a track record of concern in this area and in the area of domestic violence. This is one way in which we can include communities in the process of making themselves safer. The Green Party councillor, Mr. Mark Hackett, has spearheaded a survey on gender-based violence in the three Offaly towns of Tullamore, Birr and Edenderry as part of his work on the joint policing committee, JPC, in that county. When asked about solutions, responses to the survey included an increased Garda presence, more public lighting, more CCTV, an increase in litter cleaning and the maintenance of hedges. We should be giving money to local authorities to carry out work to tackle the problem, to identify areas that are considered to be unsafe and to use those lessons to improve existing spaces as well as to inform the design of future public spaces.
The introduction of an independent examiner of security legislation is a positive move. One of the functions of the independent examiner will be to review security services and legislation. We are at risk in many senses on this island and that has become clear in recent years. Last year the head of the National Security Analysis Centre, NSAC, said that we face an increasing threat from foreign interference and disruption, from espionage, traditional or cyber, from disinformation, attacks on our democratic system, economic interference, intellectual property theft and from a generally increased aggressive stance by hostile states. Improvements to, and increased funding for, our Defence Forces will help us to combat these threats but there is still a lot more to do. Is the Minister confident that this legislation will help to protect us from cyber threats in the future? I would also like to respectfully ask the Minister how An Garda Síochána, Departments and other agencies will co-ordinate on cybersecurity and where responsibility lies between them all.
In conclusion, I repeat the calls made yesterday by Rape Crisis Network Ireland and Safe Ireland for victims of sexual violence to be able to access legal aid at all stages of the process. They made this call as part of a submission on the Criminal Justice (Legal Aid) Bill and I urge the Minister to consider it strongly. I also wish to bring to the Minister's attention comments made by a judge of the District Court recently, Judge Campbell, in an address to a conference on domestic violence and child protection. He called for mandatory legal aid in some family law cases, regardless of income. I would like to read what he said into the record of the House by way of concluding my contribution to the Second Stage debate on this Bill. Judge John Campbell said that "legal aid should be mandatory, regardless of income, in family law cases where parents seek domestic violence orders or face their children being taken into care". He said that the working poor very often lose out in cases where their disposable income exceeds €18,000 per year, which is the income threshold for legal aid. The judge went on to say that he hears childcare cases in the Bridewell court and he called for the lifting of salary caps for child protection social workers and greater State support for foster families.
The Minister is very busy but I know she is committed to further reforms. We see her in these Houses quite often and she is always welcome. She has a big, reforming legislative agenda that she is trying to get through and I hope she can give some time to the issues I have highlighted.
The Labour Party will always be supportive of any measures to try to bring greater accountability and transparency to An Garda Síochána. While I see that there are initiatives in this Bill to try to improve the internal controls and internal governance within An Garda Síochána, it reads like this is at the expense of the external oversight. In particular, we have very grave concerns about the potential dilution of the function and role of the Policing Authority in terms of its job as the overseer of An Garda Síochána.
It should not be one or the other. We need to improve the internal controls within An Garda Síochána. The Policing Authority has for a number of years been a very effective mechanism in bringing greater accountability to An Garda Síochána.
As a country, we are seeing one of the most serious crises An Garda Síochána has faced. Morale is on the floor and there is huge frustration among Garda members. It is important to note that it is the officers but also the civilian workforce who are the backbone of Garda stations across the country. I am delighted to see members of Fórsa here today.
Like Senator Gavan, I am frustrated by the manner in which the civilian workforce within An Garda Síochána has been treated in the context of the changes. I get that the Minister has an awful lot on her plate at the moment but these concerns have been articulated since February, and probably even before that. It is disappointing that the Minister and Department have not seen fit to at least engage with their representative union. Significant changes are involved in moving from a civil servant to a public servant and they have zero clarity on what that will mean. Some words have been conveyed to the effect that nothing will happen to pay and pensions, but there is no certainty for these workers with regard to mobility out of the roles they are in and into other sectors of the public service. The key issue is treating workers with respect, particularly when they face a significant change to their work status. At a minimum, it behoves the Minister to enter into the Workplace Relations Commission or to engage in a process whereby the details are worked out. We do not often hear about the challenges the civilian workforce faces because most of the debate and focus is on the officers of An Garda Síochána at this time. The civilian workforce is understaffed and under-resourced. Many of them are under enormous pressure and many are telling us they want to leave their roles because of that pressure. We need them in their roles, particularly because of the experience they have built up over many years.
My simple appeal is that there is nothing to be afraid of about engagement with the civilian workforce within An Garda Síochána but it is vital and a condition of our support for the Bill to hear there is engagement between the Minister and Fórsa on the change to their work status. To show respect to any workforce, it has to be part of the conversation. The change cannot be inflicted upon them.
While we all recognise An Garda Síochána is a command-and-control type structure by necessity in terms of day-to-day operation, there is a distinct difference when it comes to the work status of those employed. That is why we urge the Minister to engage with the civilian workforce and ensure they have clarity and certainty as to what the change to becoming public servants will mean for them.
I acknowledge the work undertaken by my dear friend, the late Dr. Vicky Conway, through the future of policing commission. Vicky dedicated most of her professional career to policing and criminal justice reform. It is important we keep Vicky's memory and her lifelong commitment to the pursuit of social justice with us as we consider this Bill and its impact on policing.
This is a massive piece of legislation which will have a wide-ranging impact on Irish society. I hope we will be given the time and space to engage with the Minister and officials on this Bill in a substantive and constructive way in the weeks ahead to ensure that the best possible version of the Bill enacted. On 18 September, we marked five years since the publication of the future of policing commission's report. Notwithstanding the extent of the recommendations made by the commission, we have been waiting a long time for the ensuing reforms. While this Bill does not make legislative provisions that act on all of the commission's recommendations, it is nonetheless quite ambitious in scope. For the purpose of today's debate, I will try to keep my contribution as focused as I can.
The first issue I wish to raise is something that directly contravenes a core recommendation by the commission. That is the retention of prosecutorial powers by An Garda Síochána. The commission was clear in recommending all prosecution decisions should be taken away from police and given to an expanded State solicitor or national prosecution service. The commission also recommended the practice of police prosecuting cases in court should cease. Doing so would create more space between gardaí and the courts and between the processes of investigation and prosecution, while also not hindering gardaí from undertaking front-line duties. I invite the Minister to provide the rationale for retaining these powers in contravention of the commission's recommendations and international best practice.
As an extension of that point but unrelated to the Bill, prosecuting gardaí are being consulted by the Irish Prison Service regarding the terms of release of people serving time in prison, known as the Garda view. It is my understanding that, in many cases, prosecuting guards are invited to give their view regarding the release of a prisoner, having had no ongoing relationship with the person in custody or insight into the rehabilitation. It does not strike me as appropriate that a guard whose last interaction with an individual could have been ten or 20 years ago and in a very different context might have an impact on whether someone who has served their sentence is released or not at any given time. This is something I will seek to come back to another day but may attach to the issue of prosecution.
The Bill provides for the merging of the functions of the Policing Authority and the Garda Inspectorate within a new policing and community safety authority responsible for the independent oversight of the performance of An Garda Síochána. As highlighted on Dáil Stages by a number of colleagues, there is a missed opportunity to include more robust provisions regarding the inspection of places of detention, including those within the remit of An Garda Síochána. The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, OPCAT, is an international human rights treaty which aims to prevent torture and ill treatment in places of detention. Ireland signed that protocol in 2007 but is yet to fully ratify it. A key element is OPCAT is that unannounced inspections are facilitated but the Bill as drafted appears to restrict unannounced inspections of places of detention to circumstances where a memorandum of understanding has been agreed. This contravenes the submissions of both the Garda Inspectorate and the Policing Authority during pre-legislative scrutiny. I ask the Minister to explain this decision. Inspection of places of detention under OPCAT should be undertaken through a human rights lens. It is regrettable that references to human rights standards in relation to the inspection of places included in the general scheme have been removed in this version of the Bill.
I welcome the proposed establishment of community safety partnerships but stress the importance of their work plans being decided at a local level and not being entirely justice led. Strategies that work to promote community safety in one area might not work in another. We often hear people say those closest to the problems are closest to the solutions. We have to make space at the table for community representatives that do not necessarily fit the traditional mould. I am thinking of projects like Connect 4 in Tallaght, which does detached street work. It has made great strides locally and employs creative grassroots strategies to tackle grassroots issues. It goes without saying that these safety partnerships will need to be well resourced and we also need a clear picture of who or what body will ultimately have oversight of their work and how we will measure their effectiveness.
I have some concerns regarding the effectiveness and independence of the proposed office of the police ombudsman to replace GSOC. As drafted, the Bill places no duty on An Garda Síochána to co-operate with the proposed police ombudsman. This strikes me as a strange omission. I encourage the Minister and her officials to consider remedying it before Committee Stage.
Other legitimate concerns have been raised by GSOC regarding the independence and jurisdiction of the reformed police ombudsman, which I do not have time to meaningfully address today but which I may come back to on Committee Stage and Report Stage.
As I noted in the Garda Síochána (Recording Devices) Bill 2022 last week, there are an estimated 3,000 complaints made to GSOC annually regarding the conduct of the gardaí. However, a significant proportion of those are unresolved and only 2% result in sanctions. If we want to restore confidence in policing in Ireland, independent oversight and accountability are essential. The reformed ombudsman must be adequately equipped and empowered to provide this. Before I conclude, I would also like to stress to the Minister the need for increased investment in the reformed Garda ombudsman in order for it to be able to carry out its duties effectively. I know it is late in the day to be making asks of the Minister regarding budget negotiations but it is critical that the reformed office of the ombudsman is sufficiently resourced. Planning for this needs to start now and so I echo the call made by the Irish Council for Civil Liberties for a 33% increase in funding to the ombudsman annually over the next three years based on the estimated need to double GSOC's expenditure in the context of reforms proposed in this Bill.
I welcome the Minister to the House and thank her for the extensive work she has done in the preparation of this Bill and her willingness to engage directly with us as Senators on this important issue. It comes at a time when the importance of significant reform of An Garda Síochána is widely recognised. We know about the necessity of that due to issues that arose in our recent history, during the past eight to ten years. It was a very dark period for An Garda Síochána and, thankfully, we are seeing a progressive approach to reform that will meet the needs of our society and the needs of those who keep us safe, namely, members of An Garda Síochána.
The more independence that can be brought to bear the better, and this Bill goes a long way in that regard. We have seen the detrimental impact of a lack of independence around promotions within An Garda Síochána in over the years, the destabilising effect it has had on the organisation, and the negative impact it has had on new recruits failing to see a pathway forward. We are discussing this Bill in the context of significant flux and significant agitation. I want to use this opportunity to condemn the efforts by some outside this House, some within this House, and some within elements of Government who have sought to personalise this. I have been a Member of these Houses for more than 20 years and have seen that practice in the past. It is an exercise in attributing blame to the Minister. It usually happens in the Department of Health and has happened in the Department of Justice also in the past. It is wrong, it is unhelpful, and it does not lead towards keeping the pressure at the point where it needs to be kept. The Minister is responsible for the legislative approach and has clearly delivered on her mandate by bringing forward this legislation today and I wish her well with it.
In that context, a couple of things have been raised with me that I will share with the Minister, as others have. Members of Fórsa have been in touch, and I know there are a number of them in the audience, and some from my own constituency have been in touch also. They are concerned. I know there are officials present. I see the president of Fórsa, Mr.Michael Smyth, who is a regular advocate and who spends time in this House working quietly with politicians behind the scenes to get results. I know that would be his approach. The concerns are about the terms and conditions and about the transfer. The Minister has indicated the transfer will not happen straight away and that is welcome, but there needs to be meaningful engagement. Anything that can be done there would be important. I am familiar with historical issues where people transferred from what was the Department of Post and Telegraphs or the Department of Transport to different entities, whether it was the Irish Aviation Authority, the Dublin Airport Authority, the Shannon Airport authority or whatever, and at the time believing they had cast-iron guarantees they would not end up in a worse situation than they were in or that nobody would end up better off than them by them transferring across. Quite frankly, it did not transpire because of the direction in which things happened. It makes eminent sense to me that the Garda Commissioner and the new entities being established have overall responsibility for staff within their jurisdiction. I get that; it makes sense. What would not make sense is if somebody transferred from being a civil servant to being a public servant under the auspices of An Garda Síochána and ended up losing out, whether through pensions rights or whatever. There is some work to be done there and I hope the Minister, through her officials, can find a way of engaging with Fórsa, which is a very professional organisation. There is no doubt about that.
There are also issues around mobility and I know there are some within the Civil Service generally who have had opportunities to move between Departments. If they move under the auspices of An Garda Síochána, they may not have that and maybe that needs to be addressed as well. However, those things are not really for the legislative chamber but for industrial relations, and I hope that will happen.
I like what has been set out in this Bill on the independent oversight of An Garda Síochána. We have all witnessed the small elements of wrongdoing that have got way too much publicity over the years, damaged the reputation of An Garda Síochána and cast shadows on the hard-working good men and women who have served their country to an impeccable degree. We need to find a process to bring those to a conclusion more quickly. I had a conversation with a couple of gardaí yesterday and we spoke about the roster. They said that is an issue but there are more issues, such their pensions that have been weakened or lessened as a result of the time. There is also the issue of spurious complaints made against them. It can hold up a promotion for a prolonged period. I hope the independent oversight set out in this Bill will have the capacity to deliver and meet the expectations not just of the society the Garda serves but meet the needs of the hard-working men and women in the organisation.
On the issue of governance and the idea of a non-executive board of directors, that is a great idea because it should not be all about the Commissioner and it is a way of moving it into a professional manner rather than making it a political football.
I welcome the Minister to the Chamber. I will begin by welcoming the members of Fórsa to our Gallery, who are here for the debate. I want to put on the record correspondence I received from a lady in Castlebar, who I will not name on the record, but she is a civilian garda and works in the Garda Information Services Centre in Michael Davitt House in Castlebar. She wanted to discuss the concerns around this legislation. She said she works as a garda civilian in the Garda Information Services Centre in Michael Davitt House in County Mayo and enjoys the important role she plays in ensuring local communities are kept safe, and being accessible for the public. However, she stated that the proposed changes to her terms and conditions which would come as part of this Bill are unacceptable to her and her colleagues. This relates specifically to the proposed change of her civil servant status to that of a public servant. She said that the justification they received from the Minister for Justice was that this would unify the Garda workforce but that this does not align with her and her colleagues. She added that their trade union Fórsa undertook widespread consultation which showed the overwhelming majority of garda civilians do not want this nor do they understand the need for this change to occur. I wanted to put that on the record and ask that the Minister do what she can within her office to engage on this point and allay the concerns that have been raised by those Garda civilian members of the force.
I also welcome the Bill in general. It is a huge Bill and a lot of work has gone into it by the Minister, her Department and the Government as a whole. I welcome the proposed reforms within it. I welcome the establishment of the office of the independent examiner for security legislation. This particular issue in terms of national security has really come front and centre in recent years. We are far more aware now as an island nation of the need to protect our national security and for as much transparency as possible, while of course understanding that not everything can be made fully public at all times. That is a welcome advancement. It is progressive and is seen as bringing us into the modern era.
I also welcome the new policing and community safety authority that will replace the Policing Authority and the Garda Síochána Inspectorate. Having three different bodies, between the Policing Authority, the Garda Síochána Inspectorate and GSOC, means there are a lot of organisations or bodies involved in oversight of the Garda and in assessing complaints about gardaí. It is a lot for them to deal with so I welcome the bringing together of two of those bodies under one authority. I will stress as well, particularly regarding the reforms of GSOC, and my colleague Senator Gallagher also mentioned this, that one of the complaints about GSOC is that if an individual garda had a gripe or an issue with how the complaint process was being handled in terms of length of time or how it was dealt with, there was nowhere for that garda to go. Ultimately, with all of these reforms, it is really important gardaí feel there is fairness and due process at the heart of any process they are subject to or part of.
I hope that will be the case going forward. It is interesting to see, as the Minister mentioned a couple of times in her statement, that community safety will be a whole-of-government responsibility. That is true in that community safety is not just about policing, whereas policing is the responsibility of the Department of Justice. I will focus on that later. However, it is important that we look at other things like social protection, welfare and health in terms of keeping people safe. It is important to acknowledge that. I welcome that it is part of the legislation and is being put on a statutory footing.
We are debating this new policing legislation against a backdrop of An Garda Síochána taking strike action. While I think the ongoing impasse and dispute within the force is regrettable, I support An Garda Síochána and the gardaí on the front line. As the Minister knows, the Garda Representative Association represents 11,000 gardaí working in the country, which is the vast majority. They are not happy with what is being proposed. The Minister knows this and the Garda Commissioner knows this. I know every effort is being made to resolve this matter. Yesterday, barristers and gardaí were striking on the same day, which is not a good place for the criminal justice system, or the security and safety of communities and policing in general, to be. It needs to get sorted quickly. Gardaí are talking about escalating to an all-out strike on 10 November. It is concerning that we do not yet know what the situation will be for policing and Garda presence on budget day and Hallowe'en. It needs to be addressed. I note the Garda Commissioner has reassured the Government and all of us that policing on those days will not be an issue, because if needed he will direct members to attend for overtime. I certainly hope we do not reach a situation where gardaí who are taking industrial action are ordered to do overtime. I think that will escalate matters and make it more difficult to find a resolution. There is still time to resolve this. I hope people can get around the table and resolve the issue.
This also links to the retention problem. It is acknowledged that since the Garda College in Templemore was understandably shut for a period during Covid, we have been trying to catch up by increasing the number of Garda recruits. That is happening. Numbers are increasing and we are getting more gardaí. However, the numbers leaving the force mean that some of what we are bringing in on one side is being lost on the other side, due to early retirement or people leaving the force earlier than would have happened previously. We need to address retention. I think Senator Dooley mentioned the pension issue. Maybe something has to happen there. There needs to be some sort of acknowledgement that the job they do is different from that of other public servants. They put their lives and safety at risk every day they go to work. That needs to be acknowledged. If they are leaving the force earlier than we would expect them to, we need to get to the root of that. I know exit interviews take place, but something has to happen to address the retention problem. Otherwise every effort we make to recruit gardaí will be offset by those leaving the force. I thank the Minister for her time today. I look forward to her response on how we plan to address retention and the concerns around GSOC in terms of complaints for gardaí.
I thank Senator Davitt for temporarily taking the chair to allow me to speak. I thank the Minister for coming today. I welcome the civilians in the Public Gallery. I know there have been several communications and the Minister is aware of it. I thank her for her interest in the area when I spoke to her. I know any decisions will involve engagement with trade unions. It will not happen today or tomorrow. It will happen in 2025. I thank the Minister for stating that there will be engagement. No decisions will be made until everything has been looked at. I acknowledge that. It is important that people be listened to.
I will not delay the House because I know there are people here with a lot of experience in the Defence Forces and that general field. Senator Gallagher is a former member. I concur with the previous speakers. I know this is a comprehensive Bill, as we can see from the size of it apart from anything else. It is as comprehensive a Bill as I have seen in quite a while. We have spoken about a lot of anomalies, which I am sure the Minister is doing her best to square. My greatest concern is that the garda on the front line every day on behalf of the State is not the average State worker. Gardaí put their lives on the line every day when they go outside their door. To be fair to gardaí, they are viewed in a certain way by a small minority of opinionated people who put cameras in their faces and make videos of them as they go about their daily work. The only way I can describe it is that they are trying to incite them. I know quite a lot of gardaí. I have played football and other sports with them. I spoke to a couple of them at the weekend and they cannot wait to get out of An Garda Síochána, unfortunately. That is not a good reflection on our State, and possibly not on our society either. I hope this Bill can do something to address those different issues and to back An Garda Síochána in whatever way we can.
I will start where Senator Davitt finished by acknowledging the work of front-line gardaí. They go out every day and put themselves at risk to protect us, and that is to be acknowledged. They are ably supported by civilian staff. I acknowledge the members who have travelled here. I also acknowledge the president and members of Fórsa who are representing those in the Public Gallery and right across the country. I will try to get through the questions and points that have been raised over the past hour or so.
I will first respond to questions about GSOC or the new ombudsman body. I agree with many colleagues that at the moment, we have a process that is often too long or cumbersome. That is because there is a twin-stream process where it has to be identified whether a particular complaint is a criminal complaint or otherwise. You then have to go back and start at the beginning, which in itself prolongs and delays the overall process. It can be challenging. The overall objective here is to streamline, improve and quicken the process to identify initially whether it is a disciplinary matter or a criminal matter that needs to progress further. We need to continue to invest in staff and expand it. Every year in which I have been Minister, the staffing requirements and funding have increased in every budget. Discussions are obviously ongoing at the moment to see how we can continue to support and invest in GSOC and in the new body as this legislation is rolled out next year.
Senator Gallagher asked who is looking at GSOC. Obviously, the Ombudsman is the final stop for members of An Garda Síochána, as with the Ombudsman for Children, etc. However, there is a mechanism in this Bill whereby judicial reports can be asked for. I do not anticipate that this would happen often, but with the most serious issues or where concerns are raised, that judicial report can be requested to allow for a level of oversight. It is important to reiterate that the Ombudsman is the final body here. That has always been the case, irrespective of what we are talking about.
The board itself will be subject to a public appointments process. We obviously want to make sure there is good representation across the board, with the ability to advise the Commissioner in many different areas like human resources, governance or day-to-day management of An Garda Síochána. It is important that we allow a significant variation of representation on that board. That is exactly what will happen.
Most of those who have spoken here have referred to the need to provide reassurance and continue engaging with our civilian staff as this Bill is rolled out and implemented. I assure them that this will happen. I met with their representatives in the past few weeks and assured them that once we are able to engage with the terms and conditions that are being worked through - they are currently with senior management in An Garda Síochána - we will sit down and engage with them.
I have again been reassured, and I have assured the union, that there will be no diminution of their rights in terms of status, grade or wages. I wish to be very clear on that again in the presence of the Members of this House. Further engagement is required on finalising the terms and conditions. I assure those involved that this engagement will happen as soon as we have the terms and conditions on which to be able to sit down and engage with them. I cannot speak further on that. I expect I will have them as soon as possible in the coming weeks. That will enable me to engage further with them.
Will the Workplace Relations Commission be included in that?
Given the status of the staff, there are clear processes that can take place. I made it clear during the meeting that I want us to be able to engage and to reach a conclusion without having to look any further. There are clear steps that can be taken. I am open to that but I believe this should and can be resolved by all parties sitting around the table. That is exactly how I hope and intend it will be resolved.
The community safety offices, which Senator Gavan raised, will have responsibility for the roll-out of the community safety partnerships, separate from the authority, which is an oversight mechanism. These offices will manage the individual community safety partnerships throughout the country. They will work with the co-ordinators who will be officially hired and will co-ordinate the roll-out of the partnerships. It is a distinct, separate office as opposed to the agency itself.
Senator O’Reilly asked whether there will be any diminution of community gardaí. This legislation clearly sets community gardaí at the front and centre in terms of work on the ground. Each community area will have its individual community garda.
The media reports are spurious in that regard.
The Bill is very clear. There is a division. A separation of divisions in community policing is one of those new divisions. Every area will have its own community garda. People will know who their community garda is. The community garda will be responsible for engaging with the community and responding to it. Obviously, we need to make sure we have the numbers to be able to populate all of those areas. That is the challenge at the moment. We want to make sure we have-----
Community gardaí have been shut down in Limerick.
Senator, the Minister has the floor.
It is clear that community safety is at the front and centre of the Bill, just as community gardaí will be front and centre of this initiative. With regard to overall Garda numbers, we need to make sure we have as many gardaí as possible to make sure we can populate the various different community areas.
On the question of how various different Departments will be responsible for community safety, I will give a couple of examples, such as the Drogheda report. The local community safety plan in Dublin was launched recently. There are initiatives in Waterford and Longford. There are different asks of the Department of Further and Higher Education, Research, Innovation and Science. We have had significant investment in third level education. Through the Department of Education, we have had particular asks in areas that do not fall under the DEIS heading but need additional support. That has been provided in primary schools as well as secondary schools. We have had the work of the local authority in Dublin, which has been tasked with taking on board audits of street lighting, streetscapes, building fronts and how rubbish is collected. These types of things feed into a feeling of being unsafe. Through the Department of Health, we have drug treatment programmes and actions in other areas as well. Through my own Department, a prison link worker is funded through the community safety innovation fund. This fund is being developed solely to support the roll-out of the community safety partnerships and to make sure that when people have innovative ideas on ways in which they can contribute to community safety, but such ideas do not fall under the heading of any other Department, they can be funded through the Department of Justice. I want to make clear in response to the point made by Senator Ruane or Senator Chambers, it will not be a Department of Justice-led organisation or committee. It will very much be led by the community. We will make sure there will be an independent chair who will be able to engage with all the different Departments separately, so that everybody has a part to play and everybody has a say in the final plan. As I mentioned, we will have a broad representation on the board. It will be there to assist the Commissioner in his or her work on a day-to-day basis.
In regard to national security, the legislation outlines clearly what this new oversight body will do. It will keep under review the operational effectiveness of security legislation, including appropriate safeguards. It will oversee the operation of data retention, interception of communications and surveillance legislation. It will report annually to the Taoiseach and a report will be laid before the House. It will produce reports on other subject matters as necessary. It will examine the delivery of security services. Perhaps we do not face the same challenges as other countries in terms of our security, but we must always be vigilant and aware that we are living in a changing landscape and a changing dynamic. We must be able to respond to that at all times.
Senator Martin asked about a women and girls safety audit. A similar audit is in action within the zero tolerance strategy, which is the strategy to tackle domestic, sexual and gender-based violence. That is under the heading of the Department of Housing, Local Government and Heritage. That is an action that is under way.
In regard to cyber-threats, the National Cyber Security Centre was established only a few years ago. There are a number of different Departments involved in that, my own included. An Garda Síochána feeds into that and takes the lead when it comes to cybersecurity. Obviously the Garda has its own internal teams that deal directly with and respond to such threats.
Legal aid for victims of domestic violence is very much part of the overall zero tolerance strategy. Separately, we have a new family law strategy coupled with the new Family Courts Bill. The sole focus and aim of that is to ensure we have separate and independent family law courts that deal solely with family law matters. That is complemented by an overall strategy that provides the ancillary supports, services and reviews where we need to change and make improvements to the overall structure. For example, one of the first actions I commissioned was to review the section 41 workers who provide reports to the courts to make there a clear governance structure in place for those who provide these really important reports in difficult situations.
Like Senator Ruane, I want to acknowledge the work of Dr. Vicky Conway, who has passed away since this report was written. The legislation has been passed. I acknowledge the work she contributed to this.
On the retention of the prosecutorial powers, the reason they are still in the Bill is that work is still ongoing. A high-level group was put in place to examine the role of An Garda Síochána and the potential to change. That report was finished in December 2022. I will be getting ready to present the findings and to make recommendations. As it has not yet changed, however, we have to keep what is currently in place in this legislation and make changes subsequently. That is a body of work that has taken place, based on the recommendations. We are certainly not ignoring those recommendations. I will bring that report to the Government and colleagues will be able to see it very soon.
Separately, I am working closely on the OPCAT legislation with the gardaí, the Inspector of Prisons and others. It is a matter of trying to get the legislation through. A good deal of work has been done and progressed. I want to see it enacted as quickly as possible so that we can fulfil our commitment in that regard.
In regard to the requirement on gardaí to engage with the new ombudsman, it is absolutely a legal requirement. It is not stated because it is already a legal requirement that does not have to be restated in this legislation. Gardaí will have to engage with the new ombudsman in the same way that anybody else would have to engage. I want to be absolutely clear in that regard.
On the question of independent oversight, Senator Dooley raised the issue of complaints made against members of An Garda Síochána. I want to reassure colleagues that the ambition for the new ombudsman or the new GSOC is that there will be a much quicker and more streamlined process when spurious complaints are made against members of An Garda Síochána, as is often the case. The aim is to ensure they are dealt with quickly and efficiently so that the progression of gardaí in their careers is not delayed and to reduce the potential implications that can arise later in life as well.
In closing, I wish to recognise the important work of Ms Kathleen O’Toole and her fellow members of the Committee of the Future of Policing. Their 2018 report heavily informed and indeed inspired the provisions of this Bill. I again pay tribute to Dr. Vicky Conway, whom we have mentioned already. I thank the members of the Oireachtas Joint Committee on Justice for their work during pre-legislative scrutiny. A number of recommendations have been taken on board and amendments have been made based on those recommendations. I look forward to their continued engagement as this Bill passes through the House.
I look forward to continued engagement with Members here represented by Fórsa as well in the weeks ahead.
I thank the Minister.
Question put and agreed to.
When is it proposed to take Committee Stage?
Next Tuesday.
Is that agreed? Agreed.
Sitting suspended at 2.10 p.m and resumed at 3.02 p.m.