asked the Minister for Justice if there is any special significance in recent peremptory and apparently harsh transfers of members of the Garda, particularly in County Donegal; and why disciplinary hearings requested in some cases were not granted.
Ceisteanna—Questions. Oral Answers. - Garda Transfers.
2.
Transfers are a matter of internal Garda administration under the ultimate authority of the Commissioner. Liability to transfer in accordance with the exigencies of the service is a normal and accepted part of the service of members of the Garda Síochána. The length of the notice given to a member who is about to be transferred depends on the circumstances.
I assume that the reference to disciplinary hearings relates to a recent case where a member of the force who had refused to obey a direction to transfer was subsequently dismissed. In that case, the Commissioner acted under a provision of the Garda (Discipline) Regulations, 1971, which allows the Commissioner, with the consent of the Minister for Justice, to dismiss a member without the holding of an inquiry where the relevant breach of discipline is so grave that he decides that the holding of an inquiry could not affect his decision.
I take it that regulations are made to facilitate the orderly working of whatever organisation may attach to them. Is the Minister satisfied that merely leaning on regulations in the case mentioned specifically by the Minister, but not named, is just not good enough? Leaning on regulations and merely quoting that there is a regulation that covers this, that or the other where injustice obviously exists, where harsh treatment has been handed out is not good enough. Before a man is dismissed surely to God he is entitled to be heard?
May I say, first of all, that no injustice and no harsh treatment has been done in this case. I am quite satisfied from the facts of this case, which are well known to the member concerned, that the Commissioner did the only thing open to him to do.
It was not that particular case of dismissal that I was most concerned about. I am asking about the cases pending at the moment of sergeants in Raphoe and Convoy. What has the Minister to say regarding the peremptory manner in which they have been bumped for transfer? Why has it happened in the other case that the man was dismissed? Is it a fact that the hearings will not be granted in some of these cases because again the informers rather than the informants cannot be produced since they are SIB people from the other side of the Border?
The Deputy's suggestion that there are unknown informers in any of these cases, or indeed in any case, is quite untrue and inaccurate. The reasons for the transfers in these cases are well known to the members concerned. The reason for the short notice is, as I have said, that sometimes the exigencies of the situation demand that the notice given has to be short. Further, transfers are an internal matter of Garda administration for the ultimate authority of the Commissioner and I am not consulted.
Question No. 3.
Surely the Minister will agree that shifting people peremptorily and at short notice to Border stations is one thing that can be properly understood but shifting people from Border counties to the remotest post that can be found for them is not something that demands urgency in their transfer particularly in the case of married men with families and all the rest of it? This is what is happening. Hearings are not being granted. The Minister should inquire into this. In the case of the dismissal he mentioned, the garda was not given before his dismissal any reason why he was being moved and he was ultimately dismissed.
I am satisfied that the action taken by the Commissioner in the case of the subjects of these questions has been well founded on the facts of the individual cases and no injustice has been done to any of the parties concerned.
(Interruptions.)
I am calling the next question.
What about the——
Order.
——the men in Garda uniforms at the moment who are spying for the Minister——
Deputy Blaney, order please.
——and are directly reporting back to him?
Question No. 3.
May I ask a supplementary question?
Deputy Coogan, you have heard the Chair call the next question.
With your permission, a Cheann Comhairle, Deputy Blaney's last suggestion is both mischievous and inaccurate. His protestations on behalf of members of the Garda come hardly from a man who, only a short time ago, came into this House and made serious complaints against the Garda in respect of certain arms charges they had to carry out in another part of Donegal.
(Interruptions.)
Order.
The Minister made this allegation yesterday. The difference between myself and the Deputies on the Coalition benches is that I talk out, whether for or against as I see it, injustice——
I am calling the next question.
In view of what it costs taxpayers to train a garda and as so many young gardaí are discharged, would the Minister examine the position in regard to the regulations governing such matters?
Is the Deputy talking about the regulations concerning recruitment?
No, when young gardaí are dismissed as disciplinary measures.
These regulations are under constant review. They are available to the bodies representing the Gardaí at all times. These representatives are aware of what is contained in these regulations and the powers in them. If there were any defects I have no doubt these bodies would be the first to seek amendments to them.
The Minister ought to agree that they are archaic——
Order. Question No. 3.