Garda Personnel
General
The Garda Síochána was established by the Police Force Amalgamation Act 1925. This merged the Garda Siochana, as established in 1923, with the Dublin Metropolitan Police into a single force. The Garda Síochána itself is not a legal entity.
It was a body of officers and men collectively. This followed the preexisting position prior to independence. Although the Commissioner has overall responsibility for Garda Síochána, his office does not embody them.
The Garda Siochana Act 1958 allowed for the admission of women. The Garda Siochana Act 1972 abolished the division of the ranks into officers and men. However, the officer rank and non-officer rank remain.
Senior Ranks
The 1925 Act provided for the ranks of Commissioner, Deputy Commissioner, Assistant Commissioner, surgeon, Chief Superintendent, Superintendent, Inspector, Station Sergeant, Sergeant and Garda. There is statutory power to vary the ranks by statutory instruments. See the other sections in relation to the lines of responsibility in Garda Síochána, and the relationship of the Commissioner with the government.
In general terms, senior officers may issue operational and administrative instructions to their subordinates. Subordinates are obliged to obey instructions which are lawful.
The legislation does not lay down, in detail, the responsibilities and functions of the ranks. This is arranged administratively. There are various places in legislation where a Garda of a particular rank has powers to undertake particular functions.
Additional ranks and subdivisions of the above ranks may be created for administrative purposes, notwithstanding that they are not specifically provided for by legislation. For example, the station officers, district officers, divisional officers, et cetera.
The Garda Siochana is organized into a number of distinct units. This includes the Criminal Assets Bureau, Special Detective Units, Central Detective Unit and the Traffic Division.
Terms of Appointment
The terms and conditions with admissions and appointments of Garda Síochána are laid down in legislation. The first regulations limited admission to membership to males between age 19 and 27 of a certain height and chest measurement, being of good character, mentally and physically fit and possessed of the requisite educational standards. They were disqualified from holding any other office or employment. His spouse was restricted from certain businesses and trade unless the consent of the Commissioner was obtained.
Over the years, the relevant regulations have been revised considerably. An applicant must apply for admission as a trainee in the first instance. He must be between certain ages, be of good character, and obtain certain qualifications at a Leaving Certificate or equivalent level.
In practice, the Commissioner’s freedom to admit trainees is dependent on the requisite financial resources being voted and available.
The terms and conditions of training are prescribed by the Commissioner. The Commissioners’ expenditure is specifically subject to the consent of the Minister for Justice. The training contract is between the Commissioner and the trainee Garda. The terms and conditions allow for termination of traineeship on grounds of physical, mental or other unsuitability.
There is discretion for the appointment of persons with special technical roles, notwithstanding that they may not otherwise satisfy the requisite criteria.
Trainee
A person may be appointed in Garda Síochána if he has completed the requisite training and completed his period as a trainee. He must be certified to be of good health and have a sound constitution, physically and mentally, for the performance of the functions of his role. He must be approved by the Commissioner as suitable generally for appointment and be available for the appointment.
The probationary period for a trainee Garda is two years. He is a Garda for all purposes under the legislation. He may be subject to dismissal by the Commissioner if he is not fit mentally, physically, well-conducted and likely to be an efficient member of a Garda Síochána.
Promotion
The Commissioner has the power of promotion to rank up to chief superintendent. However, individual promotions of senior rank are subject to advice from the promotion advisory council (1987 regulations). The council consists of a chairman and nine ordinary members. These consist of two chief superintendents, a nominee of the Garda representative bodies, an association of Garda Sergeants and Inspectors, a nominee of the Gardai Superintendents representative body, and three persons nominated by the Minister.
Candidates for promotion must satisfy certain eligibility requirements. There are additional requirements for promotions between each of the major grades. A person must pass the exam to become a sergeant and inspector. The syllabus is determined by the Commissioner with the approval of the Minister. There are assessment requirements.
Individual promotions are selected through interview board competitions with senior ranking officers. The final appointment is made by the Commissioner. At the senior levels, the government has the ultimate say on appointments subject to those candidates being passed for promotion. There are variations in relation to specialist divisions of the Garda Siochana with technical qualifications.
Industrial Action & Associations
Gardai are prohibited from withdrawing services without giving at least one month’s notice. Breach of the requirement is a criminal offence. It is an indictable criminal offence to seek to cause or attempt to cause disaffection amongst the members of the Garda Siochana.
Members of the Garda Siochana are prohibited from joining trade unions or associations whose objects are to control pay pension or conditions. To compensate for this, the Minister may establish Garda representative associations, subject to such conditions as may be specified.
The associations which may be established are independent of bodies outside the Garda Siochana. The Minister may consent to external association.
The principal bodies are the Garda Representative Associations, the Association of Garda Sergeants and Inspectors, and the Association of Superintendents and Chief Superintendents.
The associations provide representation for members and ensure that they are treated in a fair manner in relation to welfare, discipline, and efficiency. The detailed rules of each association and the conditions of membership are laid done by law.
In a High Court challenge, Aughey v Ireland, the refusal of consent to a new representative body for detectives was upheld. It did not constitute a distinct rank, notwithstanding the specific Constitutional right to organize. The special circumstances of the Gardai, justified a restriction on this freedom in accordance with the Constitution.
Conciliation & Arbitration
There is a conciliation and arbitration scheme for the determination of pay and conditions. The Conciliation Council comprise equal numbers of employers and staff. They include representatives of the Minister for Justice and the Commissioner on the employer side.
The council deals with a wide range of matters, including paying conditions, duties, accommodation standards, the allocation of living accommodation, superannuation, leave, recruitment, promotion and discipline. The staff side may request that a matter be placed on the agenda for discussion. The body seeks to discuss the agreed matters.
The arbitration board has different personnel and may arbitrate of claims for pay adjustments, working hours, leave, and certain other terms of employment. Only certain claims may be subject to arbitration. They must first be discussed with the council. There must be disagreement at council level.
Compensation for Personal Injury
There is a special system of Garda compensation for personal injury or death in the course of duty. It covers injuries maliciously inflicted on members in the performance of their duties, whether on or off duty. Accidental injuries or those not connected with the discharge of police duties are not covered. Malicious injuries while off duty and unconnected with membership of the Gardai are not covered.
There is a prescribed form of application. Ministerial consent is required. The matter is heard by a single judge whose decision as final. There is an appeal on a point of law. Legislation sets out the criteria under which the assessment of compensation is made. An application may be made by the dependents in the case of death.
Members of the Garda Siochana may bring legal actions for negligence, for death or personal injury in the normal way.
Department of Justice
The Department of Justice is responsible for the administration of the business, generally of public services in connection with law, justice, public order and police and all powers, duties and functions connected with them. The department has responsibility for the administrative aspects of policing It was not contemplated that the Garda Siochana would be a direct organ of government with its members being employed by the Department.
When the Ministers and Secretaries Act was passed, the Garda Siochana legislation and organization had already taken shape. The level of control and integration of the Garda Siochana and the Department of Justice is significantly less than that in the case of the Department of Defence for the Army.
Legally, the Garda Siochana is not under the control of or subordinate to the Minister for Justice. Although it is not specifically mentioned in the Constitution as an independent office of state, it is a distinct body which is legally independent of the Department. The Department has no operational control over Garda Siochana. As a matter of convention, the Minister for Justice does not attempt to interfere with operational control of the Gardai.
Department & Personnel
Despite the legal independence of the Garda Siochana, individually and collectively from the Department and Minister, in practice, the Minister has significant financial and organizational input into the entire force. The Commissioner has general direction and control of the e force, subject to Ministerial regulation. The Minister does not have direct power to override the Commissioner\’s operation and direction of the force.
The Minister has significant control, in effect, in relation to financial matters, pay terms and conditions. There is an input into the high-level appointments. The Minister may make regulations in relation to the efficiency of the force and its internal management.
These provisions are unlikely to be interpreted as to allow and significant degree of operational control. It is understood to be limited to structural and administrative aspects.
The Department has primary powers in relation to increases and reductions in members in particular areas. In practice, the Minister have left deployment and resources authority to the Commissioner.
The Department of Finance has the ultimate veto on financial matters. The Garda Siochana is subject to the estimates procedure, as in the case of other state expenditures.
The Commissioners and assistant Commissioners prepare estimates of services under their remit. These are transmitted to the Commissioner, who provides an overall estimate and submits it to the Department of Justice. The estimate contains a breakdown of the expenditure on each of the general and specific programs. The estimate is subject to the ultimate approval of the Department of Finance and must be approved by the Dail.
Removal of Commissioner
The government is empowered to remove the Garda Commissioner. In a number of infamous s instances, the early late 1970s and early 1980s, successive governments removed their predecessor’s appointee as Commissioner.
In the case of Garvey v. Ireland, the Supreme Court held that the Garda Commissioner could not be dismissed without fair procedures. However, once the government followed fair procedures, it had substantive power to remove the Commissioner, which was unconditional. Although the office is held at the pleasure of the government, a failure to follow fair procedures was subject to judicial review.
Gardai & WRC
The main purpose of the Industrial Relations (Amendment) Act 2019 is to facilitate access to the Workplace Relations Commission (WRC) and the Labour Court by members of the garda force to assist in the resolution of industrial disputes.
The Act, when enacted, will allow members of An Garda Síochána to avail of the broad suite of services, including mediation, conciliation and adjudication, of the WRC and, ultimately, the services of the Labour Court in the event of industrial relations disputes involving members arising.
The Act amends the definition of “worker” which in normal course constitutes a person over the age of 15 who has entered into or works under a contract with an employer. In the context of the Act provides that a worker includes a member of the Garda Síochána, that a reference to an employer means the Garda Commissioner, a reference to a contract with an employer are covered by the particular terms and conditions to which members of An Garda Síochána are subject.
Provisions of the various Industrial Relations enactments were disapplied in the context of this Act. These provisions are in a Schedule and include provisions relating to provisions of Trade Union law as well as provisions around the right to collectively bargain under sectoral employment instruments such as Employment Regulation Orders, Sectoral Employment Orders etc.
Policing, Security and Community Safety Act 2024
The 2024 Act provides that the personnel of An Garda Síochána comprises both members of An Garda Síochána (defined in section 2) and members of garda staff (defined in section 2) emphasising that An Garda Síochána comprises a single workforce.
The 2024 Act provides for the division of members of An Garda Síochána into specified ranks which include the rank of reserve garda. The Minister is empowered to make regulations to add or remove ranks below that of Assistant Garda Commissioner.
The Government will determine the number of people appointed to the rank of Deputy Garda Commissioner (with regard to the views of the Garda Commissioner) while the Garda Commissioner, with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform, will determine the number of people appointed to ranks below that of Deputy Garda Commissioner. The Garda Commissioner’s determination will be informed by the personnel needs of the organisation which are required to be kept under review. The terms and conditions of members (other than the Garda Commissioner and Deputy Garda Commissioner) are to be determined by the Garda Commissioner with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform.
The 2024 Act provides for the making of a solemn declaration by persons appointed as members of An Garda Síochána with an updated wording set out in Schedule 2. In particular “before God” no longer appears in the wording while a requirement to comply with the code of ethics established under section 78 has been included along with a requirement to protect and vindicate human rights.
Regulations
SThe 2024 Act provides for the making of regulations by the Minister relating to the management of An Garda Síochána. Prior consultation is required with the Garda Commissioner and the Policing and Community Safety Authority.
The matters include, but are not limited to, matters relating to admissions, appointments, promotions, selection processes, training, secondment, retirement, the payment of pensions, resignations, and representative associations.
Different provisions may be made for different categories of members or ranks or categories or grades of garda staff or other persons to whom the regulations may apply.
The 2024 Act provides a general power to the Minister to make regulations for the purposes of giving full effect to the 2024 Act in addition to the specific powers conferred by the 2024 Act subject to a requirement to consult with such of the specified office holders or bodies as the Minister considers appropriate.
The 2024 Act provides for the making of regulations by the Minister to provide for the establishment, maintenance and operation of a regime for the testing for controlled drugs and psychoactive substances in relation to An Garda Síochána. Prior consultation is required with the Garda Commissioner and the Policing and Community Safety Authority. It restates elements of the Act of 2005 (as amended by Part 4 of the Garda Síochána (Functions and Operational Areas) Act 2022) in so far as they relate to such testing.
Higher Ranks
The 2024 Act provides for the appointment of persons to the ranks of Assistant Garda Commissioner and chief superintendent by the Garda Commissioner with the approval of the Board and following a selection competition undertaken by the Public Appointments Service in accordance with regulations. Provision is made to deem persons who hold the rank of Assistant Garda Commissioner or chief superintendent on the coming into operation of the 2024 Act to have been appointed under the 2024 Act and to continue in office. Regulations may be made in relation to the length of the term for which a person appointed to the rank of Assistant Garda Commissioner after the coming into operation of that section may hold office.
SThe 2024 Act provides for the suspension by the Garda Commissioner of members who hold the office of Assistant Garda Commissioner or chief superintendent in accordance with regulations. It further provides for the removal of such office holders. The removal must be for stated reasons and requires the approval of the Board.
The Garda Commissioner may appoint, with the approval of the Board, a person to undertake an inquiry into the matter that gave rise to the proposal to remove the person from office. The steps to be taken by the Garda Commissioner prior to removing a person from office are set out to ensure that the principles of fair procedures and natural justice apply. These steps include notifying the person involved of the reasons for considering removal and giving the person an opportunity to respond. While these steps are being undertaken the Garda Commissioner may suspend the person from duty. This power to remove is without prejudice to the Performance Regulations and Conduct Regulations made under Part 8.
The 2024 Act sets out the powers of a person appointed to hold an inquiry under section 48 including directing a person to provide information and documents necessary to the inquiry, summoning witnesses and administering oaths and affirmations. It makes clear that a person who makes admissions or statements on foot of such a direction or summons has the benefit of the privilege against self-incrimination.
Provision is made for a High Court application in the event that a person fails or refuses to comply with a direction or summons. The circumstances in which a person may be liable to criminal sanction for such failure or refusal are also set out. The 2024 Act restates elements of sections 12 and 13A of the Act of 2005 in so far as they relate to the ranks of Assistant Commissioner and chief superintendent.
Members
The 2024 Act provides for the Garda Commissioner to make appointments to any rank (including that of reserve garda) below the rank of chief superintendent in accordance with regulations. It restates in part section 14 of the Act of 2005. Provision is made to deem members of the ranks concerned on the coming into operation of the 2024 Act to have been appointed under the section and to continue in office. Provision is also made for the Garda Commissioner, in accordance with regulations, to suspend from duty a person who is a member of any of the ranks concerned.
The 2024 Act provides for the dismissal by the Garda Commissioner of members below the rank of chief superintendent for reasons of public confidence. The steps to be taken by the Garda Commissioner prior to removing a person from office are set out to ensure that the principles of fair procedures and natural justice apply.
These steps include notifying the person involved of the reasons for considering removal and giving the person an opportunity to respond. The power to dismiss for reasons of public confidence is without prejudice to the Performance Regulations and Conduct Regulations made under Part 8. The 2024 Act restates in part section 14 of the Act of 2005.
The 2024 Act provides for an evidential presumption in legal proceedings that a person purporting to be a member of garda personnel of any rank or grade is such a member of garda personnel of that rank or grade.
Reserves & Trainee
The 2024 Act deals with the powers of members of the rank of reserve garda and makes clear that they serve in a voluntary capacity. It provides that a reserve garda has, while on duty, the same powers, immunities, privileges and duties as members of An Garda Síochána appointed to the rank of garda. However, this is subject to the Garda Commissioner’s determination of the range of powers to be exercised and the duties to be performed by members following consultation with the Policing and Community Safety Authority and the Minister. The 2024 Act restates elements of section 15 of the Act of 2005.
The 2024 Act provides that the Garda Commissioner may admit persons as trainees in accordance with regulations with a view to their appointment and enrolment as members of An Garda Síochána. It makes clear that trainees enter into a contract of training with the Garda Commissioner which will set out their conditions of service and not a contract of employment. Provision is made to deem persons in training on the coming into operation of the 2024 Act to have been admitted as trainees under the 2024 Act and to continue in such training.
Garda Staff
The 2024 Act provides for the appointment by the Garda Commissioner of members of garda staff and, with the approval of the Board, of senior members of garda staff (defined in section 2). They will be public servants recruited in accordance with the Public Service Management (Recruitment and Appointment) Act 2004.
Their terms and conditions of employment will be determined by the Garda Commissioner with the approval of the Minister and the consent of the Minister for Public Expenditure and Reform. Provision is made for persons who are members of the civilian staff of An Garda Síochána before the coming into operation of the 2024 Act to become members of garda staff (i.e. they will no longer be civil servants of the Government but rather part of a single garda workforce).
This change of status is subject to the making of a designation order by the Minister which must be preceded by consultation with trade unions or staff associations representing such civilian staff. The terms and conditions of such staff are addressed in Schedule 3.
The 2024 Act provides for the making of a superannuation scheme or schemes by the Garda Commissioner, with the approval of the Minister and the Minister for Public Expenditure and Reform, for members of garda staff where such members of garda staff do not become members of the Single Public Service Pension Scheme.
The 2024 Act provides that members of garda personnel are, when carrying out their functions, subject to the direction and control of the Garda Commissioner. They must carry out lawful orders, and perform all appointed duties and attend to all matters within their office or area of responsibility in a lawful, professional, punctual and prompt manner. It takes account of the recommendations in the Second Interim Report of the Disclosures
Duties of Members
Tribunal which emphasised the need for any properly functioning police service “to have a command structure that is unequivocally responded to” and the duty of a police service to ensure that “those serving within it are under command and are not in a position to create difficulty when directed to do their work honestly and properly.”
The 2024 Act places a duty on members of garda personnel to account for any act or omission of theirs while on duty when directed to do so by a more senior member of garda personnel. A failure to comply with such a direction will render the person liable to disciplinary action. The 2024 Act restates in part section 39 of the Act of 2005 and extends it to members of garda staff having regard to the objective of creating a single garda workforce.
The 2024 Act requires members of garda staff to give an undertaking prior to beginning their duties that they will faithfully perform their duties as members of garda staff. The Garda Commissioner will determine the manner in which such undertakings are to be given.
Representative Associations
The 2024 Act provides for the establishment of representative associations for ranks below the rank of Assistant Commissioner. The 2024 Act restates section 18 of the Act of 2005 subject to minor textual amendments to provide greater clarity.