Government on collision course with gardaí over 'rushed' new disciplinary regulations

The Garda Representative Association said its main concern was a lack of process to address 'minor misconduct and minor performance matters', meaning members could find themselves disciplined under the new regulations for more serious breaches, with more serious consequences. File photo: Leah Farrell / RollingNews.ie

The outgoing Government is on a collision course with almost 14,000 gardaí over the impending introduction of new disciplinary regulations in December.

The Garda Representative Association (GRA), representing almost 11,300 frontline gardaí, has said it will “not stand over” a situation which could lead to injustice for its members.

The Association of Garda Sergeants and Inspectors (AGSI), representing over 2,600 frontline supervisors, said the new regulations “will diminish the human rights” of members and is holding an urgent National Executive meeting on Friday.

One option AGSI could take is to withdraw from, or threaten to withdraw from, the Garda reform process — a move which one experienced source said would be something Taoiseach Simon Harris “would not want going on coming up to polling day”.

The GRA has told its members that it “does not accept” the regulations and will keep them informed of developments. Both associations have told their members that the Department of Justice is “insisting” on introducing new ‘conduct regulations’ on December 16.

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The staff bodies have said the timeframe “is not required by legislation”, demonstrated by the willingness of the department to defer the introduction of related ‘performance regulations’ until a later date.

The dispute comes during the second half of the election campaign, with recruitment and retention of gardaí — and promised measures to clamp down on crime — featuring strongly in party manifestos and in some public commentary.

The GRA issued a separate statement on Thursday telling political parties that “words and soundbites” over increasing garda numbers won’t solve the “crisis” in garda recruitment and retention. 

It said that, instead, the parties should introduce specific measures — including a range of new allowances — to encourage people to join the force and stay in the job.

Consultations

Both staff bodies said they sent lengthy submissions to the department on the proposed regulations. GRA said it had its first consultation with department officials on September 16 and AGSI said it had its first consultation on October 24, at which it expressed serious concerns at the proposals.

AGSI said it is “very alarming” to hear at its meeting that the department plans to introduce the conduct regulations on December 16, while the GRA said it “immediately contacted” Garda Commissioner Drew Harris about the matter after it learned of the intention.

Both associations said they were informed by department officials that they were deferring the introduction of the related ‘performance regulations’ until a later date.

'Rushed'

In a letter to its members, the AGSI said it outlined to officials “specific and fundamental concerns” regarding the regulations, the dominant one being they were being progressed too quickly. 

The GRA told its members that it expressed to department officials its “serious concerns about the rushed nature” of the enactment. 

AGSI said department officials were “insisting” on December 16, while GRA said the officials were “steadfast” on that date.

Minor issues

The GRA said its main concern was a lack of process to address “minor misconduct and minor performance matters”. It said members could find themselves disciplined under the new regulations for more serious breaches, with more serious consequences.

It told its members it “does not accept” this and “will not stand over a situation that could lead to injustice”.

AGSI also highlighted the “removal of any facility to deal with minor behavioural or discipline issues”, which it said means that they will now be “dealt with” under the new conduct regulations, which could result in penalties ranging from the deduction of two weeks’ pay to dismissal.

It said the national executive has “grave concerns” and said the regulations “will diminish the human rights of members”.