Eamon Gilmore
Ceist:53 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform the progress which he has made in implementing the new Garda Síochána Act 2004; and if he will make a statement on the matter. [3495/06]
Amharc ar fhreagraThursday, 2 February 2006
Ceisteanna (63)
Freagraí scríofa
I presume the Deputy is referring to the Garda Síochána Act 2005 and I shall answer the question accordingly. I have made significant progress in implementing the provisions of the Garda Síochána Act 2005. One of the key measures in the Act provides for the establishment of the Garda Síochána Ombudsman Commission. Last week the Dáil passed a resolution recommending three persons for appointment by the President to be the members of the Garda Síochána Ombudsman Commission. A similar resolution was also passed by Seanad Éireann last week. This followed the nomination of these three persons by the Government in accordance with the provisions of the Act. I understand that they will be appointed by the President on 10 February.
I can also tell the Deputy that progress has been made in establishing the Garda inspectorate, another important provision of the Act. The post of chief inspector has been advertised and it is hoped to make an appointment in the near future. The posts for the other two members of the inspectorate will be advertised shortly.
The preparation of guidelines providing for the establishment of joint policing committees is well advanced and I intend to issue these as soon as possible following consultation with my colleagues the Minister for the Environment, Heritage and Local Government and the Minister for Community, Rural and Gaeltacht Affairs as required by the Act.
Preparations are also in hand to make the Garda Commissioner the accounting officer for the force. The target date is 1 July 2006. Revised Garda discipline regulations are being prepared and these will be the subject of consultation with the Garda associations as required by the Garda industrial relations processes.
I am also keen to advance the establishment of a Garda reserve. The Garda Commissioner is drawing up proposals on the duties of reserve members, the powers they will exercise and the training they will receive. The Act provides for phased implementation. I have made two commencement orders, bringing several provisions of the Act into effect.
The first commencement order was made on 15 July 2005 and brought into effect from 1 August 2005, Part 1, other than section 4; and sections 7, 39, 40,41, 47, 48, 49, 60, 62, other than subsection (2)(b) and (c), 124, 130 and 131.
The second commencement order was made on 9 December, 2005. The provisions brought into effect from that date are sections 24, 63 to 66, 67(3), 67(4), 67(5), 68 to 72, 76 to 80, 121(b), Schedule 2, in so far as it relates to a person transferred under section 72 of the Act to the Ombudsman Commission and Schedule 4.
I made an establishment day order in respect of the Ombudsman Commission, on 12 December 2005 under section 63 of the Act. A third commencement order, which will provide for most of the remaining provisions of the Act to be brought into effect is being prepared. The necessity for different commencement dates arises because certain measures must be completed before particular provisions can become operative. Examples would be the finalisation of the new code of ethics for the force, the actual complaints, investigation and related provisions regarding the Ombudsman Commission, the establishment of the inspectorate, and the completion of the new disciplinary arrangements.
I have outlined briefly above the progress I have made in the implementation of a several key areas of the Act. Last year I established the Garda Síochána Act 2005 implementation review group, chaired by Senator Maurice Hayes, to oversee the process of implementing the Act. This group has recently concluded its work and reported to me. I am arranging for the publication of their report shortly. It sets out in greater detail the progress achieved in implementing the provisions of the Act.