S.I. No. 619/2011 - Garda Síochána (Associations) (Amendment) Regulations, 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th December, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 18 , 121 and 122 (1)(m) of the Garda Síochána Act 2005 (No. 20 of 2005) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister Order 2011 ( S.I. No. 138 of 2011 )), after consulting the Garda Commissioner and with the approval of the Government, hereby make the following regulations:

Citation, collective citation and construction

1. (1) These Regulations may be cited as the Garda Síochána (Associations) (Amendment) Regulations, 2011.

(2) The Garda Síochána (Associations) Regulations 1978 ( S.I. No. 135 of 1978 ), the Garda Síochána (Associations) (Amendment) Regulations 1983 ( S.I. No. 151 of 1983 ), and the Garda Síochána (Associations) (Amendment) Regulations 1998 ( S.I. No. 63 of 1998 ) and these Regulations may be cited together as the Garda Síochána (Associations) Regulations, 1978 to 2011, and shall be construed together as one.

Definitions

2. In these regulations—

“agreed Garda numbers” means the total number of members of the Garda Síochána at the rank of Garda as determined by the Garda Commissioner for a year in which a ballot under Regulation 10(2) of the Regulations of 1998 for elections to the Central Executive Committee takes place,

“Regulations of 1998” means the Garda Síochána (Associations) (Amendment) Regulations, 1998.

Amendment of Regulation 10 of the Regulations of 1998

3. Regulation 10 of the Regulations of 1998 is amended by substituting the following paragraph for paragraph (7):

“(7)(a) Where it is not possible to reach a consensus on an issue being discussed by the Central Executive Committee, the issue shall be decided by a majority of the votes of the members present when the vote is called.

(b)(i) The number of votes to be exercised by each member of the Central Executive Committee on an issue to be decided under paragraph (1) shall be determined by applying the following formula (“the formula”)—

AGN____

MCEC+1

where—

AGN is the agreed Garda numbers, and

MCEC is the number of members of the Central Executive Committee.

(ii) Where the number of members at garda rank in a division is less than or equal to the number determined by applying the formula, a member of the Central Executive Committee representing such a division shall have one vote.

(iii) Where the number of members at Garda rank in a division is greater than the number determined by applying the formula, a member of the Central Executive Committee representing such a division shall have 2 votes.

(c) In the case of an equal division of votes on an issue, the President shall have an additional or casting vote.”.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government,

15 November 2011.

ENDA KENNY,

Taoiseach.

GIVEN under my Official Seal,

22 November 2011.

ALAN SHATTER,

Minister for Justice and Equality.