I move amendment No. 1:
In page 4, line 16, to delete "section 6;" and substitute the following:
"section 6, or a person who assumes the duties of a holding area officer under section 11(6);”.
Before I begin, I apologise on behalf of the Minister for Justice, Equality and Law Reform, Deputy Dermot Ahern, who is otherwise engaged.
The amendments proposed by the Government are all related to the one issue. The Bill, as initiated, provides for the transfer of a person in Garda custody from the temporary custody of the Irish Prison Service holding area officer to the custody of the same member of the Garda Síochána. This could cause a problem if for some reason, such as illness, the same member of the Garda Síochána was not in a position to accept the custody transfer. Equally it limits the ability of the management of the Garda Síochána to allocate individual duties to members as may be required for operational reasons.
On the other side of the same issue, the Bill, as drafted, could also mean that the prisoner temporarily transferred to Garda custody would have to be returned to the custody of the original prison officer. Again this could cause a problem if that particular officer is not available, for example, through illness and would limit the ability of the Irish Prison Service to allocate duties to individual officers as they may be required.
As previously mentioned, this Bill is primarily intended to facilitate the effective and efficient operation of the criminal courts of justice. In that regard we are talking about Garda detainees being put only in the temporary custody of the Irish Prison Service. However, should the need arise for reverse temporary custody arrangements, for example, where particular security arrangements are needed, or because of industrial action, the Bill provides for it.
Having said that, because such a situation is not envisaged as the norm, the powers and functions of a Garda holding area officer may only be transferred to another garda with authorisation of a more senior Garda officer. This differs from normal Garda custody arrangements where there is more flexibility in terms of being in the custody of the Garda Síochána rather than the custody of a particular member. However, in the limited circumstances where a prisoner may be transferred to the temporary custody of a member of the Garda Síochána, it requires a stricter regime.
I commend the amendments to the select committee.