S.I. No. 605/2020 - Garda Síochána (Associations) (Amendment) Regulations 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th December, 2020.

I, HELEN MCENTEE, Minister for Justice, in exercise of the powers conferred on me by sections 18 , 122 (1)(m) (as amended by section 56(a) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (No. 49 of 2015)) and 128 (2) of the Garda Síochána Act 2005 (No. 20 of 2005) (as adapted by the Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 452 of 2020 )) and section 59 (2) of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (as so adapted) –

(a) having regard to the risk to human life and public health posed by the spread of the disease known as Covid-19,

(b) after consulting with the Garda Commissioner and the Policing Authority, and

(c) with the approval of the Government,

hereby make the following regulations:

Citation and collective citation

1. (1) These Regulations may be cited as the Garda Síochána (Associations) (Amendment) Regulations 2020.

(2) The Garda Síochána (Associations) Regulations 1978 to 2018 and these Regulations may be cited together as the Garda Síochána (Associations) Regulations 1978 to 2020.

Interpretation

2. (1) In these Regulations –

“2020 Annual Delegate Conference” shall be construed in accordance with Regulation 4;

“Annual Delegate Conference” has the same meaning as it has in the Regulations of 1998;

“President” has the same meaning as it has in the Regulations of 1998;

“Regulations of 1998” means Garda Síochána (Associations) (Amendment) Regulations 1998 ( S.I. No. 63 of 1998 );

“Trustee” has the same meaning as it has in the Regulations of 1998;

“Vice-President” has the same meaning as it has in the Regulations of 1998.

(2) A reference in these Regulations to a person who has been elected to an office shall include a reference to a person who has been deemed elected to the office.

Provision for electronic communications technology

3. (1) The 2020 Annual Delegate Conference need not be held at a physical venue but may be conducted wholly or partly by the use of electronic communications technology so long as all attendees have a reasonable opportunity to participate in the conference in accordance with this Regulation.

(2) (a) Provision may be made in standing orders or otherwise for participation in the 2020 Annual Delegate Conference by the use of electronic communications technology, including for a mechanism for casting votes by an attendee, whether before or during the conference.

(b) The mechanism referred to in paragraph (a) shall not require the attendee to be physically present at the 2020 Annual Delegate Conference or require the attendee to appoint a proxy who is to be physically present at the conference.

(3) Any temporary failure or disruption of electronic communications technology shall not invalidate the conference merely by virtue of that temporary failure or disruption.

(4) In this Regulation-

“attendee”, in relation to the 2020 Annual Delegate Conference, means a delegate to the conference or any other person attending the conference;

“electronic communications technology”, in relation to the 2020 Annual Delegate Conference, means technology that enables real-time transmission and real-time two-way audio or audio-visual communication enabling attendees to participate in the conference using such technology from a remote location.

Annual Delegate Conference for year 2020

4. Notwithstanding Regulation 12(4) of the Regulations of 1998, the Annual Delegate Conference in the year 2020 (in these Regulations referred to as the “2020 Annual Delegate Conference”) may be held at any time on or after 9 December 2020 and prior to 1 January 2021.

Standing Orders Committee

5. Notwithstanding Regulation 13(1) of the Regulations of 1998, the election of the Standing Orders Committee referred to in that Regulation by the 2020 Annual Delegate Conference may be done by secret ballot carried out using electronic communications technology.

President

6. Notwithstanding Regulation 14(1) of the Regulations of 1998 –

(a) the President elected by the Annual Delegate Conference held in 2018 shall hold the office until the close of the 2020 Annual Delegate Conference,

(b) the President elected by the 2020 Annual Delegate Conference shall hold the office until the close of the Annual Delegate Conference held in 2022.

Vice-President

7. Notwithstanding Regulation 15(1) of the Regulations of 1998 –

(a) the Vice-President elected by the Annual Delegate Conference held in 2018 shall hold the office until the close of the 2020 Annual Delegate Conference, and

(b) the Vice-President elected by the 2020 Annual Delegate Conference shall hold the office until the close of the Annual Delegate Conference held in 2022.

Trustees

8. Notwithstanding Regulation 21(2) of the Regulations of 1998 –

(a) the Trustee elected by the Annual Delegate Conference held in 2015 shall hold office until the close of the 2020 Annual Delegate Conference,

(b) the Trustee elected by the 2020 Annual Delegate Conference in accordance with Regulation 21(2) of the Regulations of 1998 shall hold office until the close of the Annual Delegate Conference held in 2025.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government,

8 December, 2020.

MICHEÁL MARTIN,

Taoiseach.

GIVEN under the Official Seal of the Minister for Justice,

8 December, 2020.

HELEN MCENTEE,

Minister for Justice.