Jim O'Callaghan (Dublin Bay South, Fianna Fail) | Oireachtas source

As the Minister has stated, the Bill is being introduced to deal with a very specific situation. It is now five months since the former Commissioner retired from her office and we are all agreed on the importance of ensuring the process of appointing a new Commissioner takes place promptly in order that the force is not left without a Commissioner for longer than is necessary. I say that while also recognising the importance of ensuring a thorough process is gone through in order that the right person is appointed.

Under the 2005 Act, as amended, there is a very complicated process for appointing a Garda Commissioner. The Public Appointments Service plays a role, as do the Policing Authority and the Government. The role of the Public Appointments Service is to run a competition. The Minister and the Policing Authority have no option in this regard. The Act states that the Public Appointments Service shall run a competition for the purpose of determining who should be appointed to the position of Garda Commissioner. I have my own reservations as to whether a PAS competition will necessarily identify the best candidate for a high-level appointment like this but notwithstanding my concerns, that is the process which must be gone through. I presume the Policing Authority will be involved in formulating the competition with the Public Appointments Service. Once the competition is completed, recommendations will be made by the Policing Authority to the Government as to whom it thinks should be appointed to the position of Garda Commissioner. The Government is fairly limited in what it can do on receipt of the recommendation. It can reject it only in very specific terms and must then ask the authority for another recommendation. When one looks at the matter overall, it is the Policing Authority and the Public Appointments Service which will play a crucial role to identify the candidate for formal appointment by Government.

The Bill is necessary, as the Minister has indicated. It identifies an anomaly in the current legislation. To put it simply, a current member of An Garda Síochána must retire at 55 unless he or she is allowed to stay on until age 60 with the Commissioner's consent. The Government, the Public Appointments Service and Policing Authority want to ensure that as broad a range of people as possible apply for the position. There are many fine candidates within the force who will no doubt apply. What we also want to do, however, is extend the competition beyond the force so that persons who are not members of An Garda Síochána apply too. It is anomalous that if one is outside the force, one must be under the age of 55 to apply. However, a member of the force is able to apply up to age 60 on foot of the rule I have just identified.

The Minister was correct that it brought a smile to my face when he said there was a risk people could age out of the process. It is very unusual that we get rid of members of An Garda Síochána at 55 and that we are limiting applicants to the position to individuals who are under the age of 60. Many important positions in this country are held by people who are over the age of 60 and who fulfil them very effectively. I say that looking over at my colleague, the Minister, who I believe has reached that milestone in his life. It is unusual to provide that the only people who can apply for this are under the age of 60. It may be the case that individuals who are over that age are otherwise eligible and would do a very effective and useful job. It is a discussion for another day but we need to broaden our perspective on the capacity of people to do jobs and should not reject them simply because they have reached the age of 60, which I am sure the Minister will agree is comparatively young.

Fianna Fáil will support the Bill. It is important to get it through the House promptly and that the range of those who can apply for the position of Commissioner is as broad as possible. The Minister and the State should look in due course at extending the age of members of An Garda Síochána. There is a great deal of corporate knowledge within the force. I read the EY report on the Minister's own Department. The report points out that there is a great deal of high level and other corporate knowledge within the Department of Justice and Equality, which is at risk of being lost where people retire and move on. Similarly, there are many members at senior and indeed less senior ranks within An Garda Síochána with a wide range of corporate knowledge. We must ensure that we do not lose all that knowledge from the force through the mandatory retirement ages of 55 and 60, respectively.

It is important to start the process. I wish the Public Appointments Service and the Policing Authority well in running the competition to which it is important to attract as many applicants as possible.

It is a fantastic opportunity for any individual to be Garda Commissioner. Very few people in this country have had that privilege in the past. It is one of the finest positions in the country and I have no doubt that many applicants will put their names forward. It is important that we get the right candidate for the job, irrespective of whether that person is from within or outside the force. My only concern is that we are limiting the candidates who can apply for this job to people under the age of 60, which is unusual.

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