S.I. No. 483/2021 - Garda Síochána (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 24th September, 2021.

I, HEATHER HUMPHREYS, 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) noting that, by reason of the risk referred to in paragraph (a), the Annual Conference of the Association of Garda Superintendents in the year 2020 did not take place,

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

(d) 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) (Superintendents and Chief Superintendents) (Amendment) Regulations 2021.

(2) These Regulations, the Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations 1987 and 1994 and the Garda Síochána (Associations) (Superintendents and Chief Superintendents) (Amendment) Regulations 1998 ( S.I. No. 38 of 1998 ) may be cited together as the Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations 1987 to 2021.

Interpretation

2. In these Regulations –

“Annual Conference” has the same meaning as it has in the Regulations of 1987;

“Association” means the Association of Garda Superintendents;

“Regulations of 1987” means Garda Síochána (Associations) (Superintendents and Chief Superintendents) Regulations 1987 ( S.I. No. 200 of 1987 );

“Special Conference” has the same meaning as it has in the Regulations of 1987.

Provision for electronic communications technology

3. (1) A relevant 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 by the Association for participation in a relevant conference by the use of electronic communications technology, including for a mechanism for casting votes, whether before or during the conference.

(b) The mechanism referred to in paragraph (a) shall not require the person casting the vote to be physically present at a relevant conference or require that person 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 a relevant conference merely by virtue of that temporary failure or disruption.

(4) In this Regulation –

“attendee”, in relation to a relevant conference, means any member of an area committee (within the meaning of the Regulations of 1987) attending the conference or any other person invited by such an area committee or the National Executive Committee (within the meaning of those Regulations) to attend the conference;

“electronic communications technology”, in relation to a relevant 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;

“relevant conference” means any of the following conferences of the Association in the year 2021:

(a) the Annual Conference;

(b) a Special Conference.

Annual Conference for the year 2020

4. Notwithstanding Article 4(4) of the First Schedule to the Regulations of 1987, the requirement in that Article shall be deemed not to apply in respect of the Annual Conference in the year 2020.

Annual Conference for the year 2021

5. Notwithstanding Article 4(4) of the First Schedule to the Regulations of 1987, the Annual Conference in the year 2021 may be held as soon as is practicable in the year 2021 after the making of these Regulations.

The Government approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government,

15 September, 2021.

MICHEÁL MARTIN,

Taoiseach.

GIVEN under my Official Seal,

15 September, 2021.

HEATHER HUMPHREYS,

Minister for Justice.