Sergeants and inspectors have 'no confidence' in garda suspension process

Eamonn O'Neill (left) and Anne Marie Hassett (right), and three other gardaí were found not guilty of charges alleging the 'squaring' of motoring tickets following a 35-day trial in Limerick. File picture: Brendan Gleeson

Gardaí may face longer bans from work if an independent body is appointed to oversee any lengthy suspensions, the justice minister has claimed.

The Association of Garda Sergeants and Inspectors (AGSI) has called for urgent independent oversight for gardaí suspended for more than 12 months.

AGSI said it has "no confidence" in the current suspension policies, which it said is failing both members and the organisation.

Justice minister Jim O’Callaghan said he would consider the AGSI’s call for independent oversight for suspensions of more than 12 months.

But regulations introduced in April will speed up the suspension process because the two-tier process of inquiry in respect to garda misconduct has been replaced by a one-tier investigation, Mr O’Callaghan said.

Bringing in a separate independent body could actually delay the process further and lead to more suspensions, he said.

Garda members are being left on suspension for extended and undefined periods, with investigations often taking years to conclude, AGSI said.

Last week, the State dropped all charges against three gardaí from the Limerick Roads Policing Division who had been suspended since 2019.

Their suspensions followed a garda probe into alleged unlawful interference in potential or pending road traffic prosecutions.

Another five gardaí, including one retired superintendent, two serving sergeants and two serving gardaí, were acquitted of 39 charges of unlawfully interfering in road traffic prosecutions in Limerick in January.

All eight gardaí were prosecuted unsuccessfully in this investigation, and many were suspended from work for years.

Another high-profile case of a lengthy suspension involved a garda detective who was suspended for more than three years for lending an unclaimed bicycle to a man during the covid-19 pandemic.

AGSI President Declan Higgins said that suspensions were now a question of governance and fairness.

“The AGSI has no confidence in the garda suspension processes,” Mr Higgins said, speaking at AGSI's 48th Annual Delegate Conference, which began in Westport today (MON).

“We believe the obvious lack of independent oversight in prolonged suspensions is causing serious harm. Both publicly and privately.

“No member of this organisation should be left in limbo by the very system they serve," Mr Higgins said.

“Fairness delayed is fairness denied."

AGSI is now calling for a clear, time-bound suspension framework; independent oversight for prolonged suspensions; and a system that is transparent, accountable, and fair.

Mr O’Callaghan said that he could not decide on the issue of independent oversight of lengthy suspensions immediately, but would give it consideration.

“My own view in respect to that, however, is I would be concerned about putting in place a separate independent panel that's going to review suspensions.

“So we'd have an outside body coming in deciding whether there should be suspensions in the Garda Síochána or whether suspensions should be lifted. The primary person who should be responsible for that is the Garda Commissioner."

Mr O’Callaghan said that when a criminal investigation is launched into a garda, and when a garda is sometimes convicted, the Dail is then asked why that garda was not suspended sooner.

“So everyone accepts, and the AGSI accept as well, that there are occasions when suspensions will have to take place. What is important is to try to speed up the investigative process, whether it's criminal or disciplinary.”