Oireachtas Joint and Select Committees

Wednesday, 5 October 2016

Joint Oireachtas Committee on Justice, Defence and Equality

Estimates for Public Services 2016: Minister for Justice and Equality

9:00 am

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

The first question from Deputy Chambers was on the role of the Policing Authority and its work with An Garda Síochána. This is a new Vote in 2016. The Policing Authority is newly established. It is an independent agency under the aegis of my Department. It was established on 1 January this year, following the enactment of the new Garda Síochána Policing Authority Act 2015, which amended the Garda Síochána Act of 2005.

The Estimates provide funding for the Policing Authority to implement a programme of independent oversight of the policing functions of the Garda Síochána. The board has outlined its priority areas and the outputs it wants to see this year. It wants to establish the authority, get it up and running, and hold public and private meetings. It wants to hold four meetings in public with the Garda Commissioner and make all the practical arrangements for the establishment of a new authority and so on. The point Deputy Jack Chambers raised is about the actual way it does its work. This is an independent agency, with a highly qualified board. There has not been one question from anybody about the calibre of the people who were selected through the PAS system for the board. The chair, Ms Josephine Feehily, is highly respected and the board has got on with its work.

The agency has had various meetings with the Garda Síochána and other parties, including the Garda Inspectorate, to gain an understanding of the structure, the resources of the organisation, and the impact of the reform plan. It uses various methods, such as workshops and meetings. It is entirely appropriate that the Policing Authority decides how it does its work. At the end of the day what one wants to see is a strong relationship between An Garda Síochána and the Policing Authority, but an appropriate relationship where people are held to account and there are public meetings. I certainly do not intend to interfere. It would be completely inappropriate for me to direct the Policing Authority on how to do its work and how to develop relationships and the different methods it uses. I have confidence that the way it will do its work will be appropriate and within its remit. That is very clearly understood by both the chair and members of the authority. Obviously, the joint committee has an opportunity to invite the Policing Authority to appear before it to explore these issues, and the committee has done so.

Obviously nobody wants to see An Garda Síochána taking strike action. That is the first very clear statement I want to make in respect of the current situation. I will do everything possible, and the Government's negotiating team will do everything possible, to ensure there is progress on the current issues. To recap, following negotiations, the AGSI accepted the proposals by a 70:30 majority and signed an agreement just two or three weeks ago. Since then, its representatives have raised concerns about a number of issues and I met them yesterday. I listened to their concerns and I have undertaken to have further discussions. My officials will be in contact with them to work on the areas of concern, one of which is in respect of the Public Service Pay Commission and how it will do its work.

In regard to the GRA, we reached a draft agreement last Friday week, which we hoped would be accepted by the broader executive. As it turned out, it was not accepted and they have taken the action, with which members are familiar. The draft agreement involved the lifting of the increment freeze and restoration of the rent allowance for new entrants, which is worth €4,150 per annum. The proposed agreement provided for it to be restored in two phases, 50% with effect from 1 January 2017 and the remaining 50% with effect from 1 January 2018. This would have led to an immediate improvement in conditions. Obviously, the unwinding of the financial emergency measures in the public interest will also have an impact on members of An Garda Síochána in the next number of years. There was a commitment of flexibility in respect of additional hours and for the Commissioner to have the flexibility to work out a way that would be best suited to the organisation's needs and those of members in consultation with the GRA. There was also a provision about extra hours and a commitment to move to a 39-hour week. There were a number of other points, for example, the period of six months of on-the-job training completed by members recruited between 1989 and 2013 being recognised for the calculation of pension entitlements, subject to the payment of the contribution, and promotion opportunities to increase as Garda recruitment increases and so on. The draft agreement has been rejected. To respond to Deputy Jack Chambers, I would like to see a continued focus on negotiation with the GRA. I made the point that we want to deal with the issues the AGSI has now raised, which is different from what was on the table a couple of weeks ago when its members were balloted.

There are parameters in respect of public sector pay. A total of 285,000 public sector workers have accepted the approach by Government, with 21 unions having signed agreements, and we have a clear programme in terms of restoration of pay. Having said that, I believe we can find a way forward in the very near future in relation to gardaí having their own industrial relations mechanisms for dispute resolution. Mr. Horgan is examining the review of the IR mechanisms and other issues and I have given a commitment the review will be completed by the end of this year. We need to tease out the connections between that review and the Public Service Pay Commission. I have undertaken to look at that and we will continue to discuss the various issues with the GRA. I am meeting the GRA on Thursday. Clearly, I am not negotiating myself - there will be a negotiating team in place - but I am having these early meetings to try to ensure we can find a pathway forward.

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