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Dáil Éireann díospóireacht -
Wednesday, 16 Dec 1970

Vol. 250 No. 8

Ceisteanna—Questions. Oral Answers. - Dismissal of Garda.

186.

asked the Minister for Justice if he will reconsider the case of a member of the Garda (name supplied) who was dismissed from the force for a breach of discipline while on probation, having taken first place in the group of young gardaí who passed out along with him, and reinstate him in the force.

The Commissioner has statutory authority to dispense with the services of any member of the force who is on probation, if he considers that he is not likely to become an efficient and well-conducted Guard.

I have fully considered the circumstances which led to the Commissioner having to dismiss this member and I must say that I agree with the Commissioner's decision.

I am not challenging the right of the Commissioner to take disciplinary action but, in view of the fact that this man had an exemplary character and took first place in the passing out parade, is there any possibility of a review of his position? What happened to him could happen to anybody. It has happened to many Members of this House from time to time. This is considered to be a great disgrace in the country district in which this man lived and, in view of that, would the Minister reconsider the matter and see if there is any way in which it could be dealt with, other than by outright dismissal from the force?

The man has been dismissed and it would be necessary for him now to apply to the Commissioner for reinstatement.

Would that be considered?

It would be a matter for the Commissioner in the first instance.

Could it be considered?

Everything could be considered. I will not make any promise.

I am not asking for a promise, but there is no point in telling him he can apply if, in fact, the answer will be "No" because there is no precedent. That would make the case worse than it is and I would not like to do anything that would make it worse.

I am not unsympathetic but the question of discipline is a very, very important one.

I quite agree, but this man was not armed.

In fairness to him, I would not like to go into the details.

It was stated by someone in the Department of Justice that he was guarding the Taoiseach and had a loaded revolver for his use and nodded off to sleep. In fact he was not in possession of a loaded revolver. He was in a very minor position and there was a soldier outside in the next room. In fairness to him, this should be made very clear.

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