Garda suspension over bike raises 'serious questions' over disciplinary processes in An Garda Síochána — GRA 

Garda Representative Association president Brendan O'Connor said there was a 'lack of transparency' around disciplinary processes within the force. File picture: Gary Ashe 

"Serious questions need to be asked” about disciplinary and suspension procedures in An Garda Síochána, it has been claimed, after a long-serving member had initially faced sanction for giving an unclaimed bike to an elderly man during the pandemic.

That is according to Garda Representation Association president Brendan O’Connor, who was speaking after an inquiry cleared the garda.

The officer, who is based in the Midlands, gave the man, who is aged in his 70s, the bicycle in 2020 but failed to fill out the necessary paperwork. 

When the incident came to light, the garda was suspended and the matter was investigated by the National Bureau of Criminal Investigation (NBCI). The garda's home was also searched in June of the same year, and the bike was retrieved from the elderly man.

The garda at the centre of the matter, an officer who had served for almost three decades and had received several commendations, had been suspended for three years before his reinstatement in August 2023. That month, a criminal investigation into what happened found the garda in question had no case to answer.

Since then, however, he has been confined to only certain duties and has not been permitted to deal with the public pending disciplinary proceedings.

Last week, a disciplinary board cleared the garda of all of the charges he faced including discreditable conduct, misuse of property, neglect of duty, and disobedience.

The board’s conclusion will now be forwarded to Garda Commissioner Drew Harris, who will decide whether he accepts them and whether the garda involved will be fully reinstated.

Mr O’Connor said there was a “lack of transparency” around disciplinary processes within the force.

He said lengthy processes, like that involving the Midlands garda, were “unfortunately, a very common occurrence”. 

He said there were also a “significant number of members languishing on suspension” who have “no criminal prosecution against them and have no criminal case to answer”.

“There is a severe lack of transparency and accountability, all those things that our members are trying to deliver in relation to policing, in relation to their decision-making and how they conduct their businesses,” Mr O’Connor told RTÉ Radio’s Morning Ireland.

“It seems there’s a double-standard — the transparency and the accountability is for the lower ranks who are delivering policing, but yet people who are making decisions, who are having a huge impact on members' lives, there doesn’t seem to be much accountability in that process.” 

Mr O’Connor said the way “in which this process can be applied, at times” can sometimes inflict a “huge harm” on garda members and their families.

He said while suspensions should be a "very important step taken in extreme circumstances", and while there was a place for them, “whenever the public look at what this guard was suspended for, and the circumstances surrounding it, there are serious questions to be asked about how the discipline, and the culture of discipline, is being applied within the organisation and the effect it's having.”

A spokesperson said that An Garda Síochána said it "does not comment on individual discipline processes including the outcome of individual Boards of Inquiry."

They said that garda discipline procedures are set out in statutory regulations established under section 123 Garda Síochána Act 2005, as amended, and the applicable regulations are S.I. No. 214/2007 - Garda Síochána (Discipline) Regulations 2007.

The spokesperson said that these statutory disciplinary regulations "must be followed accordingly and should be well understood by every Garda member, but in particular by their representative bodies."

"The Garda Commissioner has, as is the normal practice under previous Garda Commissioners, delegated relevant functions under the Garda Síochána Disciplines Regulation in accordance with regulation 6 to Officers of Chief Superintendent Rank and above.

"The suspension of a member of An Garda Síochána under Regulation 7, is a delegated function to Chief Superintendents and above, under Regulation 6."

In accordance with Regulation 30, which states: "Within 21 days after the conclusion of the inquiry, the presiding officer shall submit a written report to the Commissioner…' where a Board of inquiry has found No Breach of discipline, there is no further determination to made under the Garda Disciplinary Regulations, the spokesperson added. 

The spokesperson also said that the Garda Commissioner has stated that suspension of a garda is a last resort.

They said that the number of gardaí suspended has fallen in the last 12 months and is currently at 98 - 0.007% of the total number of gardaí.

"To date in 2024, there have been no suspensions," the spokesperson said. 

"Currently, gardaí are suspended for a range of alleged offences including coercive control, domestic abuse, and drink driving. Some of these alleged offences have been against fellow gardaí."