{"id":10528,"date":"2022-07-22T21:48:18","date_gmt":"2022-07-22T21:48:18","guid":{"rendered":"http:\/\/legalblog.ie\/garda-overview\/"},"modified":"2024-02-20T20:07:12","modified_gmt":"2024-02-20T20:07:12","slug":"garda-overview","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/garda-overview\/","title":{"rendered":"Garda Personnel"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/garda-overview\/#General\" title=\"General\">General<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Senior_Ranks\" title=\"Senior Ranks\">Senior Ranks<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Terms_of_Appointment\" title=\"Terms of Appointment\">Terms of Appointment<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Trainee\" title=\"Trainee\">Trainee<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Promotion\" title=\"Promotion\">Promotion<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Industrial_Action_Associations\" title=\"Industrial Action &amp; Associations\">Industrial Action &amp; Associations<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Conciliation_Arbitration\" title=\"Conciliation &amp; Arbitration\">Conciliation &amp; Arbitration<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Compensation_for_Personal_Injury\" title=\"Compensation for Personal Injury\">Compensation for Personal Injury<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-9\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Department_of_Justice\" title=\"Department of Justice\">Department of Justice<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-10\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Department_Presonnel\" title=\"Department &amp; Presonnel\">Department &amp; Presonnel<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-11\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Removal_of_Commissioner\" title=\"Removal of Commissioner\">Removal of Commissioner<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-12\" href=\"https:\/\/legalblog.ie\/garda-overview\/#Gardai_WRC\" title=\"Gardai &amp; WRC\">Gardai &amp; WRC<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"General\"><\/span>General<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Garda S\u00edoch\u00e1na was established by the Police Force Amalgamation Act 1925.\u00a0 This merged the Garda Siochana, as established in 1923, with the Dublin Metropolitan Police into a single force. The Garda S\u00edoch\u00e1na itself is not a legal entity.<\/p>\n<p>It was a body of officers and men collectively.\u00a0 This followed the preexisting position prior to independence. Although the Commissioner has overall responsibility for Garda S\u00edoch\u00e1na, his office does not embody them.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Senior_Ranks\"><\/span>Senior Ranks<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The 1925 Act provided for the ranks of Commissioner, Deputy Commissioner, Assistant Commissioner, surgeon, Chief Superintendent, Superintendent, Inspector, Station Sergeant, Sergeant and Garda.\u00a0 There is \u00a0statutory power to vary the ranks by statutory instruments.\u00a0 See the other sections in relation to the lines of responsibility in Garda S\u00edoch\u00e1na, and the relationship of the Commissioner with the government.<\/p>\n<p>In general terms, senior officers may issue operational and administrative instructions to their subordinates. \u00a0Subordinates are obliged to obey instructions which are lawful.<\/p>\n<p>The legislation does not lay down, in detail, the responsibilities and functions of the ranks.\u00a0 This is arranged administratively.\u00a0 There are various places in legislation where a Garda of a particular rank has powers to undertake particular functions.<\/p>\n<p>Additional ranks and subdivisions of the above ranks may be created for administrative purposes, notwithstanding that they are not specifically provided for by legislation.\u00a0 For example, the station officers, district officers, divisional officers, et cetera.<\/p>\n<p>The Garda Siochana is organized into a number of distinct units.\u00a0 This includes the Criminal Assets Bureau, Special Detective Units, Central Detective Unit and the\u00a0 Traffic Division.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Terms_of_Appointment\"><\/span>Terms of Appointment<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The terms and conditions with admissions and appointments of Garda S\u00edoch\u00e1na are laid down in legislation.\u00a0 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.\u00a0 His spouse was restricted from certain businesses and trade unless the consent of the Commissioner was obtained.<\/p>\n<p>Over the years, the relevant regulations have been revised considerably.\u00a0 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.<\/p>\n<p>In practice, the Commissioner&#8217;s freedom to admit trainees is dependent on the requisite financial resources being voted and available.<\/p>\n<p>The terms and conditions of training are prescribed by the Commissioner. The Commissioners&#8217; expenditure is specifically subject to the consent of the Minister for Justice.\u00a0 The training \u00a0contract is between the Commissioner and the trainee Garda.\u00a0 The terms and conditions allow for termination of traineeship on grounds of physical, mental or other unsuitability.<\/p>\n<p>There is discretion for the appointment of persons with special technical roles, notwithstanding that they may not otherwise satisfy the requisite criteria.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Trainee\"><\/span>Trainee<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person may be appointed in Garda S\u00edoch\u00e1na if he has completed the requisite training and completed his period as a trainee.\u00a0 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.\u00a0 He must be approved by the Commissioner as suitable generally for appointment and be available for the appointment.<\/p>\n<p>The probationary period for a trainee Garda is two years. He is a Garda for all purposes under the legislation.\u00a0 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 S\u00edoch\u00e1na.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Promotion\"><\/span>Promotion<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Commissioner has the power of promotion to rank up to chief superintendent.\u00a0 However, individual promotions of senior rank are subject to advice from the promotion advisory council (1987 regulations).\u00a0 The council consists of a chairman and nine ordinary members.\u00a0 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.<\/p>\n<p>Candidates for promotion must satisfy certain eligibility requirements.\u00a0 There are additional requirements for promotions\u00a0 between each of the major grades.\u00a0 A person must pass the exam to become a sergeant and inspector.\u00a0 The syllabus is determined by the Commissioner with the approval of the Minister. There are assessment requirements.<\/p>\n<p>Individual promotions are selected through interview board competitions with senior ranking officers.\u00a0 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Industrial_Action_Associations\"><\/span>Industrial Action &amp; Associations<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Gardai are prohibited from withdrawing services without giving at least one month&#8217;s notice.\u00a0 Breach of the requirement is a criminal offence.\u00a0 It is an indictable criminal offence to seek to cause or attempt to cause disaffection amongst the members of the Garda Siochana.<\/p>\n<p>Members of the Garda Siochana are prohibited from joining trade unions or associations whose objects are to control pay pension or conditions.\u00a0 To compensate for this, the Minister may establish Garda representative associations, subject to such conditions as may be specified.<\/p>\n<p>The associations which may be established are independent of bodies outside the Garda Siochana.\u00a0 The Minister may consent to external association.<\/p>\n<p>The principal bodies are the Garda Representative Associations, the \u00a0Association of Garda Sergeants and Inspectors, and the Association of Superintendents and Chief Superintendents.<\/p>\n<p>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.<\/p>\n<p>In a High Court challenge, Aughey v Ireland, the refusal of consent to a new representative body for detectives was upheld. It \u00a0did 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Conciliation_Arbitration\"><\/span>Conciliation &amp; Arbitration<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a conciliation and arbitration scheme for the determination of pay and conditions. The Conciliation Council comprise equal numbers of employers and staff.\u00a0 They include representatives of the Minister for Justice and the Commissioner on the employer side.<\/p>\n<p>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.\u00a0 The staff side may request that a matter be placed on the agenda for discussion. The body seeks to discuss the agreed matters.<\/p>\n<p>The arbitration board has different personnel and may arbitrate of claims for pay adjustments, working hours, leave, and certain other terms of employment.\u00a0 Only certain claims may be subject to arbitration. They must first be discussed with the council.\u00a0 There must be disagreement at council level.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Compensation_for_Personal_Injury\"><\/span>Compensation for Personal Injury<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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. \u00a0Accidental injuries or those not connected with the discharge of police duties are not covered. \u00a0Malicious injuries while off duty and unconnected with membership of the Gardai are not covered.<\/p>\n<p>There is a prescribed form of application. \u00a0Ministerial consent is required. The matter is heard by a single judge whose decision as final. There is an appeal on a point of law. \u00a0Legislation 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.<\/p>\n<p>Members of the Garda Siochana may bring legal actions for negligence, for death or personal injury in the normal way.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Department_of_Justice\"><\/span>Department of Justice<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>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. \u00a0The Department has no operational control over Garda Siochana.\u00a0 As a matter of convention, the Minister for Justice does not attempt to interfere with operational control of the Gardai.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Department_Presonnel\"><\/span>Department &amp; Presonnel<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Despite the legal independence of the Garda Siochana, individually and collectively from the Department and Minister, \u00a0in 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.\u00a0 The Minister does not have direct power to override the Commissioner\\&#8217;s operation and direction of the force.<\/p>\n<p>The Minister has significant control, in effect, in relation to financial matters, pay terms and conditions.\u00a0 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.<\/p>\n<p>These provisions are unlikely to be interpreted as to allow and significant degree of operational control. \u00a0It is understood to be limited to structural and administrative aspects.<\/p>\n<p>The Department has primary powers in relation to increases and reductions in members in particular areas. \u00a0In practice, the Minister have left deployment and resources authority to the Commissioner.<\/p>\n<p>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.<\/p>\n<p>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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Removal_of_Commissioner\"><\/span>Removal of Commissioner<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The government is empowered to remove the Garda Commissioner. In a number of infamous s instances, \u00a0the early late 1970s and early 1980s, \u00a0successive governments removed their predecessor\u2019s appointee as Commissioner.<\/p>\n<p>In the case of Garvey \u00a0v. 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Gardai_WRC\"><\/span>Gardai &amp; WRC<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>The Act, when enacted, will allow members of An Garda S\u00edoch\u00e1na 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.<\/p>\n<p>The Act amends the definition of \u201cworker\u201d 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 S\u00edoch\u00e1na, 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 S\u00edoch\u00e1na are subject.<\/p>\n<p>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.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-10528\" data-postid=\"10528\" class=\"themify_builder_content themify_builder_content-10528 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>General The Garda S\u00edoch\u00e1na was established by the Police Force Amalgamation Act 1925.\u00a0 This merged the Garda Siochana, as established in 1923, with the Dublin Metropolitan Police into a single force. The Garda S\u00edoch\u00e1na itself is not a legal entity. It was a body of officers and men collectively.\u00a0 This followed the preexisting position prior [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[146],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10528"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=10528"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10528\/revisions"}],"predecessor-version":[{"id":32078,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/10528\/revisions\/32078"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=10528"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=10528"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=10528"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}