Oireachtas Joint and Select Committees

Tuesday, 15 February 2022

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Policing, Security and Community Safety Bill: Discussion

Mr. Derek Mullen:

To keep with the committee's time specifications, I have curtailed our contribution but I hope we can pick up on matters of substance during the questions stage. We thank committee members for the opportunity to address it on this important matter today. In our opening statement, we will attempt to summarise our key concerns with the policing, security and community safety Bill, as outlined in more detail in our written submission.

Fórsa represents approximately 2,000 civil servants across the Garda Síochána, including clerical, administrative, professional, technical and services grades most affected by this draft legislation, along with other colleagues represented by the Association of Higher Civil and Public Servants. All our members are extremely annoyed, frustrated and perplexed at the prospect of having their terms and conditions unilaterally changed through this proposed legislation without any meaningful consultation. They have made it clear they wish to remain part of the Civil Service and benefit from all the terms and conditions they currently enjoy as civil servants, including the determination of pay and conditions centrally, access to interdepartmental competitions and Civil Service mobility, to name just a few.

The proposal that the Garda Commissioner would take sole responsibility for all Garda staff will effectively change the status of our members in An Garda Síochána from civil servants to public servants. This is a step too far and it is neither appropriate nor warranted. Nobody has made the case that Garda civilian staff are hampered in their duties or that their status as civil servants impedes the effective running of the organisation. Therefore, these measures should not proceed as laid out in the draft heads of Bill until proper engagement takes place.

The legislation, if enacted, will also allow for civilian staff to come under the investigative remit of a new policing complaints ombudsman that will replace the Garda Síochána Ombudsman Commission. This will place unsworn civilian staff under the same rigors of investigation as a uniformed member with sworn powers. In short, such action would be excessive, disproportionate and disregard the existing recognised internal processes and guidelines that are afforded to civil servants in the course of their duties. Fórsa is also concerned that the draft legislation does not encompass new staff recruits. No such provision has been made in the draft legislation for the terms and conditions enjoyed by existing staff to continue to apply to new entrants. The absence of clarity on this matter is concerning and the legislation being contemplated is ambiguous to say the least.

In conclusion, it is our view that the draft policing, security and community safety Bill should not be used as a vehicle to bring about a change to the status and conditions of civil servants in a way the financial emergency measures in the public interest, FEMPI, legislation was in the past. That would only serve to further undermine the industrial relations process that has served us well to date. We therefore ask that the committee take on board our legitimate concerns and pause the legislative process in order for a structured and coherent industrial relations mechanism to proceed with proper engagement and consultation between all parties. Once again, I thank the committee for affording Fórsa this opportunity. We are happy to take questions from committee members and I will also rely on my colleague, Mr. Thomas Cowman, for specific detail from our submission.