S.I. No. 200/1987 - Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations, 1987.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Garda Síochána Act, 1924 (No. 25 of 1924), as amended by the Garda Síochána Act, 1977 (No. 24 of 1977), and section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), hereby with the approval of the Government, make the following Regulations:

1. These Regulations may be cited as the Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations, 1987.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations—

"division" has the meaning assigned to it by the Garda Síochána (Designations, Appointments and Discipline) Regulations, 1924;

"Representative Body" means a Representative Body which was elected in accordance with the provisions of the Garda Síochána (Representative Bodies) Regulations, 1962 ( S.I. No. 64 of 1962 ), as amended, and which holds office at the making of these Regulations.

4. (1) An association to be known as the Association of Garda Superintendents is hereby established for the purpose of representing members of the Garda Síochána holding the rank of Superintendent in all matters affecting their welfare and efficiency.

(2) The provisions of the First Schedule to these Regulations shall apply to the Association established by paragraph (1) of this Regulations.

5. (1) An association to be known as the Association of Chief Superintendents is hereby established for the purpose of representing members of the Garda Síochána holding the rank of Chief Superintendent in all matters affecting their welfare and efficiency.

(2) The provision of the Second Schedule to these Regulations shall apply to the Association established by paragraph (1) of this Regulation.

6. Subject to the provisions of these Regulations, the Associations established pursuant to Regulations 4 and 5 of these Regulations may conduct their own affairs in accordance with a Constitution or Rules made by the Associations.

7. (1) For the purposes of the elections to be held pursuant to these Regulations in the year 1987, every person who holds the rank of Superintendent may exercise the powers which the provisions of the First Schedule confer on a member of the Association for that rank and every person who holds the rank of Chief Superintendent may exercise the powers which the provisions of the Second Schedule to these Regulations confer on a member of the Association for that rank.

(2) Until such time as the first election pursuant to these Regulations of the members of the National Executive Committee of the Association of Garda Superintendents has been completed, the Representative Body for that rank shall be deemed to be the Association established pursuant to these Regulations and shall be entitled to exercise the powers and functions which the provisions of these Regulations confer on the National Executive Committee of the Association.

(3) Until such time as the first election pursuant to these Regulations of the members of the National Executive of the Association of Chief Superintendents has been completed, the Representative Body for that rank shall be deemed to be the Association established pursuant to these Regulations and shall be entitled to exercise the powers and functions which the provisions of these Regulations confer on the National Executive of the Association.

FIRST SCHEDULE

Association of Garda Superintendents

The Association

1. (1) The Association shall be known as the Association of Garda Superintendents.

(2) Subject to any conditions that may be determined by the Association, membership of the Association shall be open to all members of the Garda Síochána who hold the rank of Superintendent.

Management

2. The management of the Association shall be vested in—

( a ) Annual or Special Conferences, and

( b ) A National Executive Committee.

Area Organisation

3. (1) For the purposes of the organisation of membership, the State shall be divided into four areas as follows: the Leinster Area, the Connaught and Ulster Area, the Munster Area and the Dublin Metropolitan Area.

(2) ( a ) Subject to paragraph (3) ( a ) of this Regulation the Leinster Area shall consist of all divisions (apart from those in the Dublin Metropolitan Area) the headquarters of which are located in the province of Leinster.

( b ) The Connaught and Ulster Area shall consist of all divisions, the headquarters of which are located in the province of Connaught or Ulster.

( c ) The Munster Area shall consist of all divisions, the headquarters of which are located in the province of Munster.

( d ) The Dublin Metropolitan Area shall consist of all divisions in that area.

(3) For the purposes of paragraph (2) of this Regulation—

( a ) Garda Headquarters shall be deemed to be a division and it shall be deemed to be a division in the Leinster Area and not in the Dublin Metropolitan Area;

( b ) the Garda Training Centre at Templemore in the County of Tipperary shall be deemed to be a division.

(4) There shall be a branch of the Association in each Area which will consist of all members of the Association permanently assigned to the Area.

(5) There shall be an area committee for each Area. The number of members of the committee will be equal to the number of divisions in the Area. In each division the members permanently assigned to the division shall elect one of their members to be a member of the area committee.

(6) Elections shall take place triennially and shall be completed not later than a date determined by the National Executive Committee. The manner in which the elections, including nominations, is conducted shall be subject to the approval of the National Executive Committee.

(7) A member of an area committee shall cease to hold office on his ceasing to be a member of the Association or on his being transferred permanently to another Area or on his being transferred permanently from the division which elected him.

(8) Where a vacancy occurs on an area committee the division which elected the member whose place has become vacant may elect a substitute.

(9) The affairs of the Area shall be conducted by the area committee in accordance with the policy of the Association.

Annual Conference and Special Conferences

4. (1) The Annual Conference shall be the primary policy-making body of the Association.

(2) A Special Conference shall, in regard to the special matter for which it is called, be vested with the same powers and authority as an Annual Conference.

(3) The Annual Conference shall consist of the members of the area committees.

(4) The first Annual Conference shall be held as soon as may be after the making of these Regulations and every subsequent Annual Conference shall be held not later than the month of April in each year.

(5) A Special Conference may be summoned at any time on the request of one-third of the total membership of the Association or may be summoned at any time at the discretion of the National Executive Committee.

National Executive Committee

5. (1) As soon as may be in the year 1987 and, thereafter, not later than the month of April of each third year after a year in which elections are held under this paragraph the members permanently assigned to each Area shall elect by postal ballot two members of the area committee, with the exception of the Leinster Area which shall elect three members, to the National Executive Committee.

(2) A member of the National Executive Committee shall cease to hold office on his ceasing to be a member of the Association.

(3) Where a vacancy occurs on the National Executive Committee the Area which elected the member whose place has become vacant may elect from among their members of the area committee a substitute to fill the vacancy.

SECOND SCHEDULE

Association of Chief Superintendents

1. (1) The Association shall be known as the Association of Chief Superintendents.

(2) Subject to any conditions that may be determined by the Association, membership of the Association shall be open to all members of the Garda Síochána who hold the rank of Chief Superintendent.

Management

2. The management of the Association shall be vested in a National Executive.

Branches

3. (1) The Association shall have five branches.

(2) A branch shall consist of all members of the Association permanently assigned to offices which are located in any one of the following five areas, namely—

( a ) Garda Headquarters,

( b ) the Dublin Metropolitan Area,

( c ) the province of Munster,

( d ) the province of Leinster (apart from Garda Headquarters and the Dublin Metropolitan Area),

( e ) the provinces of Connaught and Ulster.

National Executive

1. (1) As soon as may be in the year 1987 and, thereafter, not later than the month of April of each third year after a year in which elections are held under this paragraph each branch shall elect a member to the National Executive. The members so elected shall constitute the National Executive.

(2) A member of the National Executive shall cease to hold office on his ceasing to be a member of the Association.

(3) Where a vacancy occurs on the National Executive, the branch which elected the member whose place has become vacant may elect a substitute.

GIVEN under my Official Seal, this 21st day of July, 1987.

GERARD COLLINS,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 21st day of July, 1987.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

These Regulations provide for the establishment of representative associations for the ranks of Superintendent and Chief Superintendent of the Garda Síochána.