asked the Minister for Justice if he is aware that a member of the Garda Síochána who fell ill with tuberculosis and who completed two years in the Force was dismissed when he returned to take up light duty after six months' treatment in hospital; if this action took place pursuant to any regulations made by him; if so, what they are; and if he will take steps to have them changed.
Ceisteanna—Questions. Oral Answers. - Dismissal of Garda.
46.
I assume that the Deputy is referring to a recruit garda who, during his period of probation, was recently discharged from the Force on health grounds. The position is not, however, as suggested.
The member in question was appointed to the Force on 26th July, 1963, and was absent from duty because of illness from 17th June, 1964, to 8th July, 1965, when he was discharged. The question of his assuming duty did not arise, as the Garda surgeon advised that he was not fit for duty and would not be fit for duty for another year or so. In these circumstances, it was not possible to retain him in the Force as he had not satisfactorily completed his period of probation, which is two years.
The regulations governing these matters are the Garda Síochána Appointments Regulations. There is also a provision in these regulations which enables the Garda Commissioner, with my consent, to appoint a person who had previous service in the Force, without requiring him to sit again for the entrance examination. I have already arranged with the Commissioner that, if in a year's time or so the person concerned is acceptable on health grounds and applies to be reappointed in the Force, his application will be sympathetically considered.
Could the Minister say whether new recruits coming into the Force are TB tested?
They are fully tested on entrance but this man unfortunately contracted tuberculosis within a year. He was ill for a year but the medical advice is that it will be another year before he is right. I shall certainly see that he is reappointed if he is right in a year's time.
Is it not a fact in this particular case that the doctor who treated this patient recommended that he go back on light duty and that in fact he was perfectly fit to do so?
The Garda surgeon's advice was that he was not fit for duty and will not be fit for 12 months. If he is fit in 12 months' time, the Deputy may take it that I shall have him reappointed.
Is there any compensation for a case of this kind?
No.
There is such compensation in England.
I shall have it investigated but I doubt it.