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Garda Pensions.

Dáil Éireann Debate, Wednesday - 3 November 2004

Wednesday, 3 November 2004

Questions (84)

Michael D. Higgins

Question:

133 Mr. M. Higgins asked the Minister for Justice, Equality and Law Reform the pension entitlement of a member of the Garda (details supplied) in regard to the Government announcement of 6 October 2004 that the person concerned was being dismissed from the force; if the pension will be awarded to this person; and if he will make a statement on the matter. [27242/04]

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Written answers

At its meeting on Tuesday, 5 October 2004 the Government exercised its power under section 10(4) of the Police Forces Amalgamation Act 1925 to dismiss a superintendent from the Garda Síochána. It did so in the light of the findings of the Morris tribunal, and having taken fully into account the representations and submissions made by person dismissed.

At the time of dismissal, the person concerned had accrued a pension entitlement based on just over 27 years' pensionable service in the Garda Síochána. This is not a full pension, which requires 30 years pensionable service. The accrued pension would not be payable until 2012 when the person will have reached 60 years of age. I understand that the dismissed person has applied for an immediate, but actuarially reduced, pension under the recently announced retirement scheme which will become operational when detailed guidelines have been prepared by the Department of Finance. The application from the person concerned has been transmitted to the Department of Finance.

Under the Garda Síochána Pensions Order 1925, and agreements made within the Garda Conciliation Council, deductions can be made from pensions only in cases involving financial loss to the Exchequer. This is meant to cover cases involving fraud and the like.

I would also like to mention that the Morris tribunal stated at paragraph 13.20 of its report that:

. . . the Tribunal notes that early dismissal can lead to the loss of pension. In the majority of instances, this is an unnecessary and unfair consequence. A member of An Garda Síochána may work for years, legitimately building up credits on his or her pension fund, and then require to be dismissed by reason of a single, or a series, of evil actions. It is conceivable that a person who has been commended, even for bravery, might fall to the degree that requires their dismissal. It does not seem logical that the consequence of a short period of bad service should result in the removal of the benefits legitimately gained, perhaps through years of hard work and application.

In the circumstances, there are no proposals to seek to deny the person concerned his accrued pension.

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