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Dáil Éireann díospóireacht -
Wednesday, 13 Jun 2001

Vol. 538 No. 1

Adjournment Debate. - Garda Síochána Regulations.

I am glad of the opportunity to raise this issue on the Adjournment and I am also glad the Minister of State is here to respond. I will highlight the discrimination that is being inflicted on a member of the Garda Síochána who has been confined to indoor duties because he has to wear a beard. I know the person in question very well. I understand that he has suffered from a facial skin disorder since his teenage years when he first started growing a beard. It is commonly accepted that the only effective relief for this condition is to cease shaving. The member in question joined the Garda Síochána in September 1982. Obviously his membership of that force required that he shave daily which was a cause of serious discomfort to him.

While attending the training college in Templemore, the superintendent in charge noticed the discomfort of the garda trainee on a constant basis. Six years later the garda sought medical assistance due to the serious discomfort. An appointment was made with the then Garda surgeon and the member attended the Garda depot hospital in August 1988. The Garda surgeon, although not a dermatologist, granted permission to the member to grow and wear a beard but that direction was not followed through administratively and subsequently the garda was not allowed to wear a beard while in uniform.

In February 1999 the garda sought the assistance of his own GP in Dublin and he was referred to an eminent dermatologist, who examined him and diagnosed that he was suffering from a medical condition known as folliculitis barbae. The dermatologist explained that the only treatment is to allow the sufferer to grow a beard. He sent a copy of his findings to the then Garda surgeon who concurred with his findings. Unfortunately, the Garda surgeon subsequently died and somebody else took up his duties.

The member in question, who must shave on a daily basis, still suffers serious facial discomfort. Nothing has changed to improve his position and Garda management at local level, while sympathetic to his needs, state they are governed by the regulations contained in the Garda code, which prevent gardaí in uniform from wearing beards.

A person is being discriminated against. A garda in uniform cannot wear a beard because of an outdated regulation. Uniformed members of other police forces throughout Europe who have skin disorders can wear beards. A garda in such a position should not be deprived of the opportunity to participate in all facets of the force's work. A member of the Garda should not be treated as a second class citizen because of a skin disorder.

It is beyond the time that the needs of members of the Garda who suffer from diagnosed medical conditions should be given fair consideration. I appeal through the Minister of State to the Minister for Justice, Equality and Law Reform to instruct the Garda authorities to exercise common sense and stop hiding behind the code of regulations which are discriminatory to an individual who has been diagnosed with a skin complaint. It is absolutely wrong that a citizen of this State should be denied a basic civil right through an outdated and totally ridiculous regulation.

The role of the Minister for Justice, Equality and Law Reform is to promote Government policy on policing; to provide the regulatory and structural framework within which the Garda Síochána operates; to provide the necessary resources for the Garda to carry out its role; and to promote measures which will contribute to greater efficiency, effectiveness and accountability. The Minister's record in this regard is open to public scrutiny and the facts speak for themselves. The Garda force has never been as well resourced as it is today. The Garda budget has increased from some £457 million in 1997 to more than £690 million and Garda strength has now reached 11,640 – an all-time high compared to 10,800 in 1997. Furthermore, it is on target to reach 12,000 by the end of 2002.

While the Minister has responsibility for policing policy and is accountable to the Dáil for the Garda, it is appropriate for him to get involved in the day-to-day management of the force. Section 8 of the Police Forces Amalgamation Act, 1925, vests in the Commissioner the general direction and control of the Garda, subject to regulations.

Turning to the specific subject matter of the debate it is not the Minister's role nor does he intend to comment on the merits of an individual's case within the Garda. He has been advised that the regulations contained in the Garda code require male members to be clean shaven when on duty, except for moustaches. Divisional officers may allow a member working in plain clothes to wear a beard. The policy of the Garda is to take a sympathetic approach to members suffering from any medical condition. In that regard I understand that the Garda authorities have made genuine efforts to accommodate the individual concerned.

The Deputy has raised the question of discrimination. Three years ago there was no comprehensive anti-discrimination legislation in this jurisdiction. Since then the Employment Equality Act, 1998, and the Equal Status Act, 2000, have been enacted, which, together with the equality infrastructure – the Equality Authority and the Office of the Director for Equality Investigations which have been put in place to give effect to the legislation – are regarded by some commentators as the most comprehensive anti-discrimination legislation in the European Union.

If there is any improper discrimination, the mechanisms are in place to address it.

The Dáil adjourned at 10.30 p.m. until 10.30 a.m. on Thursday, 14 June 2001.

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