asked the Minister for Justice whether the Commissioner is the statutory authority for discipline in the Garda Síochána; and, if so, whether there is any right of appeal from his decision.
Ceisteanna—Questions. Oral Answers. - Garda Disciplinary Authority.
95.
Under section 8, subsection (1) of the Police Forces Amalgamation Act, 1925, the general direction and control of the Garda Síochána is, subject to statutory regulation, vested in the Commissioner, Garda Síochána.
The Garda Síochána (Discipline) Regulations, 1926, made by the Minister for Justice with the approval of Government, prescribe the matters which constitute offences against discipline, the procedure to be adopted with regard to the investigation of alleged breaches, including the holding of Sworn Inquiries, and the disciplinary punishment to which members who commit such offences are liable.
Additionally, under Article 24 of these Regulations the Commissioner is empowered to dismiss from the Force any member of non-commissioned rank whom he considers unfit for retention in the Force, but in the case of any such member who has completed his period of probation, this power can be exercised only with the prior consent of the Minister for Justice.
Can I take it from the Minister's reply that the Minister himself has no authority or no responsibility for the discipline of individual members of the force?
Yes, subject to what I said. A member who has completed his probation can be dismissed by the Commissioner only with the consent of the Minister for Justice.
Has the Minister, in his capacity as Minister, power to reprimand or discipline any individual member of the Garda Síochána who may fail, in the opinion of the Minister, to carry out his duties properly?
No.
I hope the Minister will remember that in future.