Dáil Éireann Debate, Tuesday - 7 July 2015
2. Deputy Pádraig Mac Lochlainn asked the Minister for Justice and Equality her plans to amend section 30 of the Garda Síochána Act 2005 to ensure that local not for-profit, community festivals and sporting organisations are no longer charged significant amounts of money for policing services. [27087/15]
View answerI am seeking to establish whether the Minister intends to amend section 30. It relates to charging, not major sporting organisations here in the capital and in our other major cities, but local festivals that struggle to raise the money every year.
Section 30 of the Garda Síochána Act 2005 provides a statutory basis for the Garda Commissioner, as Accounting Officer for the Garda Vote, to charge for the policing of certain events such as sports fixtures, concerts and festivals. I am informed by the Garda authorities that the cost to the event-holder is determined by the number of Garda personnel deployed. The operational plan for a particular event is formulated by local Garda management. The objective in charging for police services is to recover the cost of providing the service and all such charges are agreed with event-holders in advance.
I am sure that the House will agree that it is incumbent on all public bodies to ensure that they are run efficiently and cost-effectively. One of the means the Garda Commissioner has at her disposal to ensure the cost-effectiveness of the Garda Síochána is to charge for such services. I consider the Garda Commissioner and her management team to be best placed to determine the appropriate level of reimbursement to be sought in each case.
As regards the level of recoupment sought, I am advised by the Garda authorities that they seek to recover all of the policing costs associated with commercial events organised with the objective of making a financial gain without a specific community or charitable benefit. In respect of events held with the objective of providing a service to the community and-or making a financial gain with surplus proceeds going to the local community, a contribution towards the policing costs is requested. Exceptions to these arrangements are made, however, in respect of events run solely for charity purposes or national events such as the main St. Patrick's Day parade, and charges are not levied in these cases.
It is right that the Garda can charge for these services, but I support the lower level of charge for the kinds of events the Deputy is asking about, which benefit the community.
I have no plans to amend section 30. It seems to me that the Garda is implementing it in a fair and structured way.
The Minister talks about a reduced charge. I am aware of a festival in Donegal which struggles to raise funds every year. They got some funding from local government or arts bodies for their festival. They were charged €4,000 for policing by An Garda Síochána - €3,000 up front and €1,000 afterwards - which was more than the grant aid they had received from other government bodies. The gardaí in Donegal are very upset about this. They feel it is bad enough that their resources in the county have been cut back, the numbers of gardaí have come down and their relationship with local communities is struggling as a result, but then they have to charge the organisers €4,000 for policing of a festival that is invested back into the local community. That is merely one example and I could give the Minister many more. I believe the Minister needs to amend the section 30 of the Garda Síochána Act 2005. The intent was to charge for big stadia, such as Croke Park and the Aviva Stadium, but local not-for-profit festivals should not be contributing. The gardaí themselves do not want it. They are in an impossible situation. I am asking the Minister to amend the legislation.
An Garda Síochána is currently looking at this policy area and developing a policy document formulating in more detail how the policing at certain events should be approached. As I stated, they have charges for these major commercial public events. Being commercial, clearly, these are for profit.
On the question of community events, these will take Garda time and there is a considerable cost to many of them. It is incumbent on the organisers to reduce in so far as possible the level of policing that is needed at any particular event - obviously, we have to ensure public safety - and the presence of gardaí is nevertheless essential at some of these events.
Deputy Mac Lochlainn has written to me in this regard. He has concerns about certain events. I do not think it needs an amendment to the legislation, but perhaps more refined criteria on these charges could be developed that would better reflect the ability of those organisations to respond. The Deputy might like to contribute to that policy development.
That is encouraging. Sometimes, where there is clear legislation, the gardaí are given a clear framework. Gardaí, particularly in rural areas, pride themselves on the relationship they have with local communities, and it has been strong down the years.
I did not realise the issue arose with local organisations but since I raised it, many other organisations have come forward and stated that they have endured this over recent years and they are very unhappy about it. In communities that have been struggling over recent years with the recession, both the gardaí and these community organisations do not want it. If truth be told, I do not think the Minister would want it either. I ask the Minister to engage with her departmental colleagues and the Garda Commissioner to see whether it would be better to give clear direction in the legislation through a simple amendment. That would give them a clear framework in which to engage.
It would be a good gesture from the Garda for it to work in partnership at festival time. These festivals involve large numbers of volunteers. If one has all these volunteers and the Garda given a professional framework, that would be much better for everybody involved. I ask the Minister to amend the legislation.
I suggest the best way to deal with this would be to await the policy document currently under consideration by the Garda Commissioner and senior management. There will be further refinements to the policy in that regard. If, at that point, there is still a concern, I will discuss the issue with the Garda Commissioner to see whether any change to the legislation is necessary. I do not believe any change is necessary at present, but it does suggest there is a need for greater clarity in this area given that a new policy document is being prepared by An Garda Síochána. That will help resolve matters.
As a general principle, a graduated charge is a good idea in terms of responsibilities on those committees organising local events.
Clearly, their income must be taken into account and the charge must be reasonable if the event is considered worthy of being held. Let us await the policy document and take the matter from there.
