Gardaí face suspension under new legislation

THE Garda Commissioner has been given new powers to discipline members of the force, including indefinite suspension.

The Discipline Regulations for An Garda Síochána legislation, signed yesterday by Justice Minister Michael McDowell will come into force on June 1.

The Tánaiste said it would shore up the inadequacies in existing law highlighted by the Morris Tribunal which investigated garda activity in Donegal.

“The main problem identified by the tribunal was the overlay of legal formalism and procedures which could be used to delay and frustrate simple, straightforward disciplinary investigations,” said the minister.

“These new regulations take account of the tribunal’s recommendations and trenchant criticisms of the existing rules drawn up in 1989. They follow well-established principles in the public sector and beyond. They are more streamlined and stripped of the complexities of administration and legal formalism associated with the current discipline regime.”

The legislation gives guidelines for ‘minor’, ‘less serious’ and ‘serious breaches’ of discipline by officers respectively.

In the case of a ‘minor breach’ there will be an informal resolution at local level between the member concerned and his or her immediate supervisor. Possible sanctions in respect of minor breaches will be dealt with by ‘advice, caution or warning’.

For a ‘less serious’ breach the officer will be formally interviewed by a deciding officer not below the rank of superintendent. Possible sanctions will include a reduction in pay not exceeding two weeks’ pay, a reprimand, warning, caution, or advice.

For a ‘serious breach’ a formal investigation and inquiry will be carried out by a board composed of three people appointed by the commissioner.

Unlike previously, the presiding officer of the board will be selected from a panel nominated by the minister each of whom must be a judge of the district court, or a practising barrister or solicitor with not less than 10 years experience.

The other members of the board will be garda members, one not below chief superintendent rank and the other not below superintendent rank. Possible sanctions will include dismissal, requirement to resign, a reduction in rank or reduction in pay not exceeding four weeks’ pay.

In these cases, the affected garda can apply to an appeal board to be made up of a member of the commissioner’s office or a member of a representative association.

The commissioner, or someone acting on his or her behalf, can suspend an officer and the member will remain suspended until the commissioner decides that the suspension should cease.

The new regulations coincide with tomorrow’s opening of the Garda Siochána Ombudsman.

Yesterday, the GRA said it would have liked more time to negotiate the contents of the legislation. But the association said it was aware the minister could the legislation without talks being completed.