As I have stated in reply to previous Parliamentary Questions, promotions up to and including the rank of inspector are made by the Commissioner. The appointment of superintendents and officers of higher ranks is, by law, a matter for the Government.
The Garda Síochána (Promotion) Regulations, 1960, as amended by the Garda Síochána (Promotion) Regulations, 1962, 1966 and 1970 govern promotions up to and including the rank of inspector. These are published Statutory Instruments. Where the regulations refer to "selection" of eligible candidates the selection is by interview boards.
Interview boards are appointed by the Commissioner and consist of Garda officers. In the case of promotion from garda to sergeant, the board consists of a chief superintendent and two superintendents. Where the promotion is at a higher level, the interview board personnel are also of higher rank. With the obvious exception of cases where the Commissioner himself sits on the board, the board reports to the Commissioner.Successful candidates are placed on a panel in order of merit.
I would not be prepared to express a legal opinion on the question whether the Commissioner has power to deviate from the panel recommended by the board, in relation to promotion up to the rank of inspector, but as far as superintendent and members of higher rank are concerned, it is clear that the Government, as the appointing authority, are allowed complete discretion. Nevertheless, the statistics which I quoted and the other details which I supplied in this House on 8th February, 1972, Col. 1335, show that all Governments over the last 30 years have almost invariably appointed candidates recommended to them.