S.I. No. 498/2001 - Garda Síochána (Admissions and Appointments) (Amendment) Regulations, 2001

I, John O'Donoghue, T.D., Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 (No 7 of 1925) as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No 298 of 1997 ), and with the approval of the Government, hereby make the following regulations:

1.       (1)       These Regulations may be cited as the Garda Síochána (Admissions and Appointments) (Amendment) Regulations, 2001.

(2)      These Regulations shall come into operation on the 31 October, 2001.

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

3.        The Garda Síochána (Admissions and Appointments) Regulations, 1988 ( S.I. No 164 of 1988 ), are hereby amended by -

(a)      the insertion in Regulation 3 of the following definition:

“‘registered medical practitioner’ has the same meaning as it has in the Medical Practitioners Act, 1978 (No. 4 of 1978);”,

(b)      the substitution in Regulation 5(1) of the following subparagraphs (a) and (b):

“(a)    he is satisfied that the person is of good character;

(b)    the person -

(i)       is certified by a registered medical practitioner, nominated by the Commissioner after consultation with the Minister, to be in good health, of sound constitution and suited physically and mentally to performing the duties of a member, and

(ii)      has passed a physical competence test of such a type as may be determined by the Commissioner, after consultation with the Minister, in circumstances where the Commissioner has so determined;”,

(c)      the substitution in paragraph (3)(a) of Regulation 11 for “(within the meaning of the Medical Practitioners Act, 1978 (No. 4 of 1978))” of “nominated by the Commissioner after consultation with the Minister”,

(d)      the substitution of the following Regulation for Regulation 15;

“15      (1)      Upon the first appointment of a person by the Commissioner to be a member, such member shall -

(a)      hold the rank of Garda, and

(b)      be on probation for -

(i)       a period of 2 years, or

(ii)      such longer period as the Commissioner may, in accordance with this Regulation, direct.

(2)       Where a member has not demonstrated to the satisfaction of the Commissioner an ability to perform the functions of member efficiently and otherwise to conduct himself in a manner befitting a member, the Commissioner may, before, or upon, the expiration in relation to that member of the period of 2 years specified in paragraph (1), direct that the member's period of probation be extended for such further period (not exceeding 12 months commencing on the expiration of the said 2 years) as may be specified in the direction, if he considers it necessary or expedient for the purpose of his ascertaining whether the member concerned will so demonstrate such ability.

(3)       Subject to paragraph (4), where -

(a)      it appears to the Commissioner that a member has committed a breach of discipline under the Regulations of 1989,

(b)      a complaint has been made against a member under the Act of 1986, or

(c)      a member is the subject of a criminal investigation, or proceedings for an offence have been brought against a member,

the Commissioner may, from time to time, direct that the probation of the member concerned be extended for such period as is specified in the direction, provided that any such period (or where more than one direction is given, the first of any such periods) shall commence on the expiration in relation to that member of the period of 2 years specified in paragraph (1) and the period (or where more than one direction is given, the last of any such periods) shall end not later than 7 days from the date -

(i)       of the conclusion of any investigation, inquiry or appeal under the said Regulations of 1989 or of the breach of discipline concerned being otherwise dealt with under those regulations,

(ii)      of the conclusion of any investigation or appeal under the Act of 1986 or of the complaint being otherwise dealt with under that Act,

(iii)     of the conclusion of the criminal investigation concerned or, where proceedings for an offence are brought, of the conclusion of those proceedings and any appeals or proceedings connected therewith,

as may be appropriate.

(4)       A direction under paragraph (3) shall not be given unless the Commissioner considers that -

(a)      in a case to which subparagraph (a) of that paragraph applies, the breach of discipline, if proven,

(b)      in a case to which subparagraph (b) of that paragraph applies, the complaint, if upheld, or

(c)      in a case to which subparagraph (c) of that paragraph applies, the conviction of the member of the offence to which the investigation concerned relates or proceedings concerned relate,

would be sufficient grounds for dispensing with the services of the member concerned.

(5)       Where the Commissioner proposes to dispense with the services of a member under Regulation 16 he may, for the purpose of enabling the member to -

(a)      make representations or submissions to the Commissioner regarding the proposal, or

(b)      obtain advice, including professional legal advice in relation to the matter,

direct that the member's probation be extended for such period as the Commissioner considers reasonable in all the circumstances, and such period shall be specified in the direction.

(6)       A member whose probation has been extended under a direction to which this Regulation applies shall be given a copy of such direction.

(7)       A direction under this Regulation shall specify the period of extension of probation and the reasons for such extension.

(8)       In this Regulation -

‘Act of 1986’ means the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986);

‘Regulations of 1989’ means the Garda Síochána (Discipline) Regulations, 1989 ( S.I. No. 94 of 1989 ).”, and

(e)      the substitution of the following Regulation for Regulation 16:

“16.      The Commissioner may, at any time, dispense with the services of a member who is on probation if he considers that the member is -

(a)      not suited, physically or mentally, to performing the functions of a member, or

(b)      not likely to perform the functions of a member efficiently, or otherwise conduct himself in a manner befitting a member.”.

The Government hereby approve the making of these Regulations.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations provide for (i) the introduction of a pre-entry physical competence test and the abolition of the height requirement for entry to the Garda Síochána and (ii) the extension of the period of probation of Garda trainees in certain circumstances.