Dáil Éireann Debate, Tuesday - 16 April 2019
222. Deputy Charlie McConalogue asked the Minister for Justice and Equality the reason there is an age limit for an open recruitment competition (details supplied); and if he will make a statement on the matter. [17380/19]
Amharc ar fhreagraAs the Deputy will be aware, recruitment to An Garda Síochána is governed by legislation, particularly the Garda Síochána (Admissions and Appointments) Regulations 2013. These Regulations provide that the maximum age at which a person may apply to join An Garda Síochána as a full time member is not more than 35 years.
This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria:
1. The cost of training
2. The need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost.
3. The operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.
The report of the Garda Inspectorate, and the report of the Commission on the Future of Policing in Ireland, both published in 2018, have highlighted certain issues in relation to recruitment strategies for An Garda Síochána, including the maximum age of recruitment.
In response to these reports, the question of the appropriate age for recruitment to An Garda Síochána will be considered as part of a review of entry to An Garda Síochána being undertaken by the Department of Justice and Equality. However, this review has not yet concluded.
With regard to the case to which you refer in your correspondence, the decision made by the CJEU was that the WRC has jurisdiction to hear a case of discrimination on age grounds and therefore the power to disapply a rule of national law that is found to be contrary to EU Law. No decision in relation to the entry age requirement for Garda members was made by the CJEU. Instead the case is being referred back to the WRC to be heard. Therefore, the current position of a maximum recruitment age of not more than 35 years remains in place.
