This Bill purports to make provision for the future appointments of officers of the Metropolitan Police. The appointments of Chief Commissioners and Assistant-Commissioners were formerly made under the Dublin Metropolitan Police Act of 1836, an Act which empowered the Lord Lieutenant to appoint two persons for the police district of the Dublin metropolis to act as justices of the peace so far only as related to the preservation of peace, the prevention of crime, the arrest of offenders, and the carrying into execution of the purposes of that Act. Subsequent Acts applied the term of "Commissioner of Police" to designate the holders of the office established by the Act of 1836. The offices were subsequently divided into those of Chief Commissioner and Assistant-Commissioner. It accordingly becomes necessary to make provision for appointments to these offices, and the Bill proposes to vest in the Executive Council power to make any such appointments. It proposes that in future the Commissioner shall be styled and known just as in the case of the Commissioner for the Gárda Síochána.
The general control and direction of the Dublin Metropolitan Police will be vested in the Commissioner, who will be assisted by the Assistant-Commissioner, who will exercise such functions as the Commissioner may, subject to regulations, assign to him. In the absence of the Commissioner, or during a vacancy in the office of Commissioner, the Minister for Justice will be empowered to authorise the Assistant-Commissioner to perform all or any of the duties of the Commissioner. The Bill proposes to vest in the Minister for Justice, with the consent of the Executive Council, the power to make regulations relative to the internal management of the force. Formerly the power to make such regulations was vested in the Chief Commissioner, subject to the approval of the Lord Lieutenant. In the case of the Gárda Síochána, such powers are vested in the Minister for Justice, with the consent of the Executive Council, and it is proposed that the practice in this matter should be the same for each force. The oaths of office prescribed by the Act of 1836 are included for repeal, and it is proposed to substitute therefor a declaration in terms similar to that adopted for the Gárda Síochána.
A provision is included in the Bill to enable the Minister for Justice to authorise the employment of members of the Dublin Metropolitan Police outside the Dublin Metropolitan Police District. The existing statutes confer on all members of the force the same powers in the counties of Dublin, Wicklow, Kildare and Meath, as in the Dublin Metropolitan Police District. As emergencies may arise which might render necessary the temporary employment of members of the Dublin Metropolitan Police outside these counties, it is desirable that statutory authority should exist to enable this course to be taken.
The reinstatement of ex-members of the force who resigned or were dismissed for political reasons prior to the 11th July, 1921, was authorised by the Superannuation and Pensions Act, 1923, on the terms that the previous service and the period of absence should be reckoned for purposes of pension and of increment of pay. In order that those terms might be awarded the Act required that reinstatement should take place before the 8th November, 1923. A few cases have come to light of ex-members who retired or were dismissed for political reasons, and were not reinstated before the date mentioned, as they were on that date serving in the National Forces. A section is included to cover these cases.
The development of the office of Accounting Officer has rendered unnecessary the continuance of the statutory office of Accountant, which it is accordingly proposed to abolish. All lands, buildings, fixtures, fittings, furniture, and chattels now vested in the Accountant will be transferred to the Commissioners of Public Works. All other property (i.e., moneys, funds, debts, etc.) vested in the Accountant it is proposed to transfer to the Accounting Officer for the Dublin Metropolitan Police Vote. The only funds affected are two accounts in the Bank of Ireland—(1) An account used for the purpose of paying pensions, and fed by drawing on the Vote Account with the Paymaster-General, which, of course, can only be operated on by the Accounting Officer and the other members of the panel nominated for that purpose by the Ministry of Finance. (2) A "Forfeited and Unclaimed Monies Account." These two accounts are, in fact, at present operated on by the Accounting Officer, and the proposal in the Bill is merely intended to give statutory authority to existing practice. A section is included to authorise the holding of sworn inquiries to examine on oath into the truth of charges or complaints of neglect or violation of duty preferred against members of the force. The section is in terms similar to one included in the Gárda Síochána Act.