The biggest group representing members of the Garda has said it was “shocked” and “disappointed” by Minister for Justice Jim O’Callaghan clearing the way for new Garda disciplinary regulations to become operational from next week.
The Garda Representative Association (GRA), which represents about 11,000 rank-and-file gardaí in a 14,200-strong force, has vowed to take action after it met to consider the Minister’s move.
The association looks set for a head-on dispute with Mr O’Callaghan, who is just two months in office, at a time when its relationship with Garda Commissioner Drew Harris is already poor to the point of hostile. Mr Harris has again not been invited to the GRA annual conference next month and it appears Mr O’Callaghan will not attend unless the Commissioner is invited.
On Tuesday, Mr O’Callaghan secured Cabinet approval for the Policing, Security and Community Safety Act 2024, to commence next Wednesday, April 2nd. It creates a new Garda Board and also significantly restructures the Garda oversight agencies. However, the legislation also covers a new disciplinary regime for Garda members, which the GRA and others in the force are vehemently opposed to.
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GRA general secretary Ronan Slevin said the announcement that the legislation would become effective from next week came “as quite a shock”, and his association was involved in a consultation process with the Department of Justice that had yet to conclude.
[ Gardaí raise ‘grave concerns’ over new discipline regulationsOpens in new window ]
“It is disheartening for our members to see that the Minister supports and approves that an already demoralised, under-resourced workforce deserves to be treated less favourably than every other employee,” he said. ”I fear this will simply tell our members how undervalued and underappreciated their role and work ethic truly is.
It was “disappointing” Mr O’Callaghan was now bringing in legislation that will “remove our members' protections and dilute their terms and conditions”.
“There is no point in lauding the great work done by our dwindling workforce in high-pressure and demanding situations in the media while at the same time reducing their protections and treating them differently than every other employee within the State,” Mr Slevin said. “We will now meet as a collective, democratic group to decide whatever next steps are necessary to react to these intolerant regulations.”
The GRA has objected to several specific parts of the proposed regulations, including provisions which would allow civilian Garda staff to impose sanctions on sworn members.
The GRA has also complained about the make-up of the new Garda Board, which will be responsible for oversight of the force. The association complained there is no employee representative on the board, which will have the final say in disciplinary matters and have the power to terminate the careers of Garda members.
Under the regulations, gardaí subject to disciplinary processes will have to provide information “even if it contrary to his or her interest”, without knowing whether the matter is considered either misconduct or gross misconduct, the GRA said.
They will also be required to provide this information without the benefit of legal advice, “even if the conduct could lead to dismissal”. “Furthermore, there is no protection in the Act against self-incrimination or how information provided might be used,” the GRA said.
It also complained there will be no opportunity for gardaí accused of breaches to cross-examine their accusers, even if the board is considering their dismissal.
