Dáil Éireann Debate, Wednesday - 21 November 2018
156. Deputy Róisín Shortall asked the Minister for Justice and Equality the options that are open to An Garda Síochána to suspend or otherwise remove from active duty a member of the force where there is clear evidence of wrongdoing or a dereliction of duty; and if he will make a statement on the matter. [48626/18]
View answerAs the Deputy will appreciate disciplinary matters including dismissal and suspension within An Garda Síochána are governed by the Garda Síochána Act 2005, as amended, and the Garda Síochána (Discipline Regulations, 2007).
Section 11, Subsections 1 & 2, of the Garda Síochána Act provides for the removal from office by the Government of the Garda Commissioner or Deputy Garda Commissioner for reasons which include:
(i) failure on the part of the individual to perform the functions of the office with due diligence and effectiveness;
(ii) the individual has engaged in conduct that brings discredit on the office;
(iii) removal of the individual would in the opinion of the Government be in the best interests of An Garda Síochána
Under Subsection 3 & 4 an Assistant Garda Commissioner, Chief Superintendent or Superintendent may be removed from office by the Policing Authority for reasons related solely to policing services or by the Government for other stated reasons.
If removal from office of any of the senior ranks is being considered, the Government or the Authority may immediately suspend the individual from duty.
Section 14 of the Act provides for the dismissal by the Commissioner, subject to the consent of the Policing Authority, for all other ranks, if the Commissioner is of the opinion that the individual's continued membership of An Garda Síochána would undermine public confidence in An Garda Síochána.
In addition, the Garda Síochána (Discipline) Regulations 2007, are concerned with the maintenance of discipline in An Garda Síochána and where it is established that a member is in breach of discipline they may be subject to one of the disciplinary actions provided for in the Regulations up to and including dismissal; requirement to retire or resign as an alternative to dismissal and reduction in rank.
The Regulations also provide that the Commissioner may suspend a member below the rank of Assistant Commissioner from duty where in the opinion of the Commissioner the circumstances make such a course of action desirable in the interests of An Garda Síochána.
Full details of An Garda Síochána’s suspension policy is available on the Garda Website as per the following link. https://www.garda.ie/en/about-us/our-departments/governance-and-accountability/internal-affairs/policy-document-on-suspension-from-duty-of-members-of-ags.pdf
