asked the Minister for Justice why a person (details supplied) was dismissed from the Garda Síochána at Burnfoot, County Donegal; and if he will be reinstated.
Ceisteanna—Questions. Oral Answers. - Garda Dismissal.
8.
The services of the person in question were dispensed with by the Commissioner of the Gárda Síochána in accordance with Article 9 of the Gárda Síochána (Appointments) Regulations, which relate to gardaí on probation. I understand from the commissioner that it is not proposed to reappoint the exmember to the Garda Síochána.
Is the Minister aware of the reasons for his dismissal?
I have been informed of the reasons for the dismissal, but I have no functions in the matter. Under the regulations the commissioner has absolute discretion.
Can the Minister say whether or not it was because of complaints from his superiors?
I am not prepared to say that. These matters were furnished to me in confidence.
Was there an investigation?
Every matter concerning the termination of the probation of a garda is fully investigated.
Is the Minister aware that the individual concerned knows of no complaints by his superiors, and the only information is a suggestion that the recommendation for his dismissal came from the British authorities?
That is not so.
Is there any involvement of the British authorities in this man's dismissal?
No.
The Minister is quite categorical about that?
Of course. This is a matter in which the decision was taken by the commissioner on advice——
From the British army?
Not at all.
Is there any question of an appeal to the Minister in this case?
There is no appeal to the Minister in this case.
If he appealed, would the Minister consider it?
The Minister has no standing under the regulations which were in existence from 1945 The regulation in question says that the commissioner may at any time dispense with the services of any member of the force who is on probation if the commissioner considers that such a member is not fitted physically or mentally to perform his duties as such a member or is not likely to become an efficient and well conducted garda. The power is absolute to the commissioner. I am informed as a matter of courtesy only.
Order.
The Minister will appreciate that an established garda can only be dismissed by the Minister.
That is right.
In these circumstances a probationary garda can only be dismissed by the commissioner on the very limited ground set out in that section.
That is correct.
Does the Minister have no function——
I do not agree that the grounds are very limited.
They are specific grounds, he just cannot dismiss a garda because he does not like him.
No.
Would the Minister have no function to ensure that there was reason for dismissal if he choose to investigate it?
Legally, I have no function but as a matter of courtesy I am informed of the various cases where dismissal is proposed and I have a certain persuasive influence in some of them. That is as far as my position goes.
A final question, please.
Will the Minister give an undertaking that the individual concerned will be given the reason for his dismissal?
I cannot. It is a matter for the commissioner. As far as I understand it, the man in question is very well aware of why he is being dismissed.
Order. Question No. 9, please.
Could the Minister say if the individual concerned has a case under the Unfair Dismissals Act?
Next question, please.