Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

We wish to put on record the fact that we will be supporting the Bill. To a large extent, this is a relatively minor technical Bill. It is intended to address the unintended effect of the retirement provision applying to members of the Garda Síochána who entered the service on or after 1 April 2004 and external candidates for appointment to the rank of Garda Commissioner or that of deputy Garda commissioner. It relates to section 4 of the Public Service Superannuation (Miscellaneous Provisions) Act 2004, which states that such members of the force shall cease to be members on attaining 55 years of age but may continue on to 60 years subject to checks. However, the provision has the unintended effect of creating a bar on the appointment of persons aged 55 or more to the rank of Garda Commissioner or that of deputy Garda commissioner where those persons would be external applicants. Clearly, that is not a sensible situation and we support legislation to rectify such an unintended consequence.

It is vital that the process be as open as possible to external candidates. We have previously expressed a view that it would be preferable to have an external candidate take on the position of Garda Commissioner for a number of reasons, one of which is that, frankly, it would be invidious at this stage for somebody within An Garda Síochána to take on the position. I think a person from within the force would find matters difficult from the outset. We should be looking at external candidates and, very likely, people from outside the country. It is possible that the Minister has commented on this already but if there is any update as regards the process for the appointment of the Garda Commissioner, that would obviously be welcome.

I have previously expressed the view to the Minister that I would have thought it preferable that there be an extended period whereby there is an acting Garda Commissioner, as is currently the case. I have also previously expressed the view that it would have been preferable for the recommendations on the Commission on the Future of Policing in Ireland to have been reported before a Garda Commissioner was appointed in order to allow the Public Appointments Service and the Policing Authority to take account of those recommendations. While the Minister is proceeding in any event, I still have concerns in this regard. This is going to be a crucial appointment. With the right appointment, along with enthusiastic implementation on the part of the Commission on the Future of Policing in Ireland, it may be possible to draw a line under recent controversies and begin a new future in this State. However, as I said, that will require the Commission on the Future of Policing in Ireland to come up with radical proposals and these must be implemented fully and enthusiastically by the Government. It is essential, therefore, that this appointment is got right.

I would add to Deputy O'Callaghan's observation regarding the maximum age, which, even after this legislation is enacted, will be 60. It is unusual that we require gardaí to retire at that age. I look at other areas where we are at the other extreme in the sense that we are forcing employees to work for longer, perhaps up to the age of 67 or 68, in places where they would rather not be. In many circumstances, the people who will be forced to work later are those least likely to be able to work later. However, in the case of gardaí, we have people who would very much like to remain in service and who are perfectly capable of so doing, but who are prevented from so doing. I ask the Minister to reconsider this issue.

In any event, the legislation is technical and is intended to rectify an anomaly. We will support it. I hope it will assist in ensuring that the process for appointing a new Garda Commissioner is robust and that the right person is appointed in order to ensure a new era in An Garda Síochána.

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