Senator Gerard Craughwell- speech from 3 Feb 2022

That's fine. Thank you very much. Minister, you're welcome to the House with this important bill. If you can formally move it first. I have moved the amendment. Minister, the Garda superintendents are somewhat concerned that when authorized as a result of this bill to delegate responsibilities to inspectors, the bill deals with inspectors and inspectors and it sort of limits a superintendent to only delegating to one inspector in under his charge or one of his subordinate inspectors, whereas it may arise that they want to delegate a particular issue to a number of inspectors. So they have requested that I place an amendment down seeking that we change the word inspector to inspectors and in so doing we give them the freedom that they will require in order to be able to use more than one inspector. So I'm asking that you would take that on board and agree to it. The other issue that arises in this arises from the other side, the association of Garda sergeants and inspectors. While there is no amendment in on the point from the AGSI, they really cannot have an amendment for it, other than to place on notice that if we're going to be asking inspectors to undertake additional duties, we will probably find ourselves in a situation where negotiations will have to take place with the AGSI in the fullness of time as to how inspectors will be compensated for taking on new roles. The other issue there is we're moving inspectors now from a direct supervisory role if they're delegated to undertake some of the work that was once taken by superintendents. So I have every faith in the AGSI to deal with you on that and to agree a methodology going forward. But I want to flag their interest at this point in time. But I do think the argument brought forward by the superintendents is a very reasonable argument and it does give them, it's a very minor change to the bill, and it does give them the flexibility they will need as they move forward in this. So that really covers the number of sections that we're dealing with, Chair. Okay, so if anyone else wants to make a contribution on amendments numbers 1, 2, and 4, 5, and 6 at this point, otherwise I'll bring in the Minister. Minister, go ahead. And equally, you're addressing those five amendments at this point. Thank you, Chair Herlock. And I thank the Senator for bringing forward these amendments, and I understand the concerns and the reason why they're there. However, I can allay the Senator's fears that the concerns are unnecessary. I cannot accept the amendments. The amendments proposed appear to be drafting changes, primarily substituting an inspector for the inspector. On the First Amendment, the inserted section 25 CA provides that a superintendent can delegate functions to an inspector. The Senator proposes inserting our inspectors. Under the Interpretation Act, the singular is to be read as imparting the plural, so the amendment is necessary. So under the Interpretation Act, it will and would be read as singular, also including the plural. On the Second Amendment, the relevant provision provides that the delegated function shall be exercisable and performed by the inspector in his or her own name. The amendment would change this to an inspector. The definite article should be used here as the function is to be performed by the inspector to whom the function is delegated. Amendments 4, 5 and 6 relate to transitional provisions in the bill, which address the situation where an application has been sent to a superintendent before the commencement of the bill and needs to be dealt with by an inspector after the date. This has been discussed with the OPC. I don't believe there is any issue with this section, but it will be further examined before the report stage. Thank you very much, Mr. Senator.