Garda disciplinary regulations close to Government review

NEW garda disciplinary regulations are to be brought to the Government in the next few weeks, it has emerged.

The regulations — initially supposed to come into force before last June — have been bogged down in negotiations between the garda associations and the Department of Justice.

It’s understood the garda associations are very close to agreement and have only to sign-off on the document at the next meeting.

The regulations form the Government’s central response to concerns over garda indiscipline, which reached a low last August in reports from the Morris Tribunal investigating garda abuses in Donegal.

Mr Justice Frederick Morris said proper discipline had been “lost” from the force and said there was an “extreme danger” the abuses in Donegal could be repeated elsewhere in the country.

Justice Minister Michael McDowell said he had given the Garda Conciliation Council (GCC) more time to discuss the regulations given the “fundamental changes” being proposed.

“Consultations are being finalised with the Garda Conciliation Council,” said a spokeswoman for the minister.

“The minister intends to bring the regulations to the Government at the beginning of April.”

A spokesman for the Association of Garda Sergeants and Inspectors (AGSI) said: “The regulations are still in the conciliation council. They are quite close to being signed-off by all parties.”

John Egan, president of the Garda Representative Association (GRA) said negotiations were “nearing completion” but were still ongoing.

“There are difficulties. This is not a simple process, we’re talking about people’s rights.” He said they hoped to reach an agreement.

He said the Morris Tribunal dealt with a situation more than 10 years ago. He said under Section 39 of the Garda Síochána Act 2005, gardaí must account for their actions. He said they welcomed the Garda Ombudsman and the Garda Inspectorate.

Under the draft regulations:

* Standard of proof is on the balance of probabilities.

* Garda Commissioner can summarily dismiss where he believes a disciplinary inquiry would not alter his judgment.

* Serious breaches can be investigated by a superintendent, which could result in dismissal by the commissioner.

* Minor breaches can be sanctioned by up to and including four weeks’ pay.

* A garda can be suspended for a criminal offence or for actions justifying disciplinary proceedings.