Vol. 456 No. 3
12 Mr. Clohessy asked the Minister for Justice the circumstances surrounding the transfer of a garda from Limerick allegedlly because of threats by a known criminal who was being investigated; and if she will make a statement on the matter. [13808/95]
26 Mr. L. Fitzgerald asked the Minister for Justice the criteria used in deciding upon the transfer of a garda from one district to another; and if she will make a statement on the matter. [13761/95]
I propose to take Questions Nos. 12 and 26 together.
Section 8 (1) of the Police Forces Amalgamation Act, 1925, provides that the general direction and control of the Force is vested in the Garda Commissioner. The Act gives full authority to the Commissioner to effect transfers and other policy in the interest of the service and this authority has been upheld in many judgments of the superior courts. This authority, however, is not administered arbitrarily by the Commissioner. It forms an integral part of policy for the equitable distribution of the Force between districts and divisions.
I am informed by the Garda authorities that there are a number of factors taken into account when deploying personnel. These include: the policing needs of the district to which the member is attached and the proposed new district; the member's ability to deal with the current policing needs of these districts; the member's general suitability and effectiveness, including special skills; the member's relationship with his/her colleagues and with the public; and the member's own wishes and his/her domestic circumstances.
With regard to Deputy Clohessy's question, as I have already outlined, the transfer of members of the Garda Síochána is solely a matter for the Garda Commissioner and I have no function in the process.
