Dáil Éireann Debate, Tuesday - 9 June 2020
214. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question Nos. 272, 273, 274, 275 and 276 of 15 October 2019, when the report referred to will issue to this Deputy; and if he will make a statement on the matter. [9733/20]
View answer215. Deputy Niall Collins asked the Minister for Justice and Equality further to Parliamentary Question Nos. 134, 135 and 136 of 16 October 2019, when the report will be provided; and if he will make a statement on the matter. [9734/20]
View answerI propose to take Questions Nos. 214 and 215 together.
First it is important to say that the Garda Commissioner is by law responsible for managing and controlling generally the administration and business of An Garda Síochána, including human resources matters. These are not matters within my responsibility as Minister.
In relation to medical certification requirements for Garda members, I am advised by the Garda authorities if an absence lasts for more than one tour of duty, the member is required to submit a short medical certificate (not exceeding one month) to local management. I am further advised that HR require medical certificate if the absence exceeds 28 days or if the member has exceeded 92 days in 12 months and/or 183 days in 4 years (and is therefore pay affected). Failure to submit proper medical certification may result in disciplinary action and/or removal from the payroll.
I am advised by the Garda authorities that Garda Human Resources do not keep central records of difficulties relating to the submission of medical certificates – rather, I understand that if a case is brought to the attention of Human Resources by local management, these cases are dealt with on an individual basis. As such the information requested by the Deputy is not readily available and the time required to compile it would be unduly onerous.
In relation to the arrest of Garda staff since 1973 and the charges on which they have been arrested, I am informed by the Garda authorities while information relating to individual incidents is recorded on Pulse, the information requested is not readily available or easily collated. I am informed that the effort required in order to compile this information would be unduly onerous and an unjustified use of limited Garda time and resources. As such, I am not in a position to provide the Deputy with this specific information.
In relation to the number of Garda staff who were reduced to zero pay whilst under investigation, I am informed by the Garda authorities that in recent years there was one case of a Garda staff member who was availing of sick leave while under investigation and, due to exceeding the paid sick leave limits, had their level of pay reduced to zero.
I am further informed by the Garda authorities that between 2010 and 15 October 2019, a total of three Garda staff were suspended while under investigation. One person was suspended in 2010 and two were suspended in 2018. I am informed that there was no case in which a member of Garda staff was suspended without pay.
With regard to the promotion of sworn members following or whilst the subject of a public interest inquiry, I am informed that the Competitions Office in An Garda Síochána runs competitions in accordance with the Code of Practice Appointment to Positions in the Civil Service and Public Service and HQ Directive 23/12 (Guidelines for Internal Appointments and Promotions). It is important to say that the fact of an investigation does not imply wrongdoing or guilt. I understand that An Garda Síochána carries out a number of checks on candidates for matters such as sick leave, discipline and signing of the Code of Ethics. The successfulcandidates selected by the Interview Board are sent to the Garda Commissionerfor approval.
