Dáil debates

Friday, 16 December 2016

Ceisteanna - Questions - Priority Questions

Garda Promotions

10:00 am

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

1. To ask the Minister for Justice and Equality if approval will be forthcoming for proposed chief superintendent appointments in An Garda Síochána; and if she will make a statement on the matter. [40593/16]

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Why will the Government not fill the existing vacancies at the rank of chief superintendent in An Garda Síochána?

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

On 22 November, at the request of the Garda Commissioner, the Government made 11 appointments to the senior ranks of an Garda Síochána as follows: one to the rank of assistant commissioner, three to the rank of chief superintendent and seven to the rank of superintendent. These appointment were to fill vacancies we had been notified about in the senior ranks, mainly as a result of voluntary retirements, and were within the agreed strength of the employment control framework, ECF. That brings to 43 the number of appointments made by the Government this year and it demonstrates the determination of the Government to ensure that An Garda Síochána has a leadership team that can address the serious challenges it faces every day in maintaining law and order. As matters stand the senior ranks of An Garda Síochána have their full complement and I am informed by the Garda Commissioner that no further vacancies are anticipated within the ECF this year.

As the Deputy is aware the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 contemplates the Policing Authority assuming the function of selecting and appointing persons to the senior ranks. I am committed to the Authority assuming this function and intend to bring the necessary regulations to Government for approval next week with a view to the authority taking on the function on 1 January 2017. Once this is done, it will be a matter for the authority to undertake competitions for appointments to these ranks. The establishment of the authority represents one of the most significant and progressive reforms to the justice sector over recent years and the transfer of the appointment function is a particularly important signal of this reform.

Regarding existing promotion panels arising from competitions held by the Garda Commissioner earlier this year, all candidates were informed when they applied for the competitions that the panels formed would lapse on the transfer of the appointment function to the authority or on 31 December this year, whichever was the earlier. It was therefore clearly envisaged that the panels could expire, as they often do across the Civil Service and in other organisations, without all persons on the panels having been appointed. As it turned out, all those available on the superintendent panel were appointed, whereas although a large number of appointments were made from the other two panels, insufficient vacancies have arisen within the ECF to fully exhaust those panels.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I raised promotions to positions within An Garda Síochána five weeks ago. The reason I did so is that, on 25 May last, 18 people were notified by letter of their successful selection for appointment to the rank of chief superintendent. The names were published in May and July and, in fact, the 18 individuals attended a chief superintendent management meeting on 15 June last. On 13 July last, ten of the 18 were appointed from the panel. I raised the matter with the Tánaiste on 14 November and raised it again in the Dáil on 15 November. The response I received was that it was a matter for the Policing Authority. However, in the aftermath of that, three further members from the panel were appointed. I understand there are at least five vacancies in the chief superintendent ranks in An Garda Síochána. The current position is that a number of chief superintendents are fulfilling two roles in An Garda Síochána. For example, one chief superintendent who is responsible for Garda professional standards also has responsibility for the Garda technical bureau, a chief superintendent who is responsible for the Dublin metropolitan region east also has responsibility for the entire Dublin metropolitan region, a chief superintendent who is responsible for crime policy and administration also has responsibility for the internal affairs branch and a chief superintendent who is responsible for the road policing and major event division also has responsibility for the Garda national traffic bureau. I am also informed that there are existing advertised vacancies for chief superintendents is the following roles: the central firearms licensing and statutory liaison, the Garda central vetting unit, the operational support unit and the Garda Reserve. In light of that, those vacancies should be filled.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I wish to make two points clear. The first is that all vacancies under the employment control framework, which operates across all Departments and bodies, are filled at present. Of course, as the economy improves and the ECF is examined, clearly the question of what is the appropriate ongoing ECF will be raised, be it in the Department of Health, the Garda Síochána or in other bodies. That will be discussed with the Garda Commissioner. She recently wrote to me about a number of issues regarding appointments in a number of areas, and they can be considered within the context of the ECF and in association with the Policing Authority. That will be done early in the new year.

With regard to the applicants, they were placed on a panel. They were not told they were promoted. They all signed a declaration which states that applicants in the competition should clearly understand that it is intended that successful candidates will be placed on a panel to fill vacancies until such time as the new section relating to the Policing Authority is commenced as it relates to the appointment of persons to the rank of chief superintendent or 31 December 2016, whichever is the earlier, and that any panel established on foot of the competition will cease with immediate effect on the commencement of section 12.

They are the two relevant points. I can understand the disappointment that people may feel but they are open to apply for the posts that will be advertised as they arise and the Policing Authority no doubt will move to fill any vacancies that arise from January as soon as possible.

10:10 am

Photo of Pat GallagherPat Gallagher (Donegal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

We are not getting off to a great start. I ask the Minister to observe the clock.

Photo of Jim O'CallaghanJim O'Callaghan (Dublin Bay South, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

The reason this is different from other situations where panels are put together each year is that we are now in a transitional period. We know that the Policing Authority will take over responsibility for promotions to the senior ranks in An Garda Síochána. We welcome that event when it happens. However, it has not happened as of yet. Consequently, responsibility for it still rests with the Minister. The reason there is an unfairness with respect to these individuals is that 18 of them were on the panel and as of today 13 of them have been promoted. The remaining five will be left hanging there. They will be told, if they are appointed prior to 31 December, that they can apply again under the process when the Policing Authority rules come in. We still have not had the commencement of section 12 and we do not know when that will occur. If these individuals apply again to the Policing Authority for promotion, as I hope they do, and if they do not get it, that would be unfortunate, but it must be said that there would be a question mark left hanging over them in that they were to have been promoted under the old system but the new system says they are not sufficiently good. That is unfair to them.

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Another relevant consideration will be the plan, which the Commissioner has in preparation in conjunction with the Policing Authority regarding the identification of administrative and technical posts occupied by sworn officers that could be filled by suitably qualified civilians. That plan is due to be submitted to my Department before the end of the year. The Deputy will recall that the Garda Inspectorate made a number of relevant points about that. However, the key point is that the vacancies that existed under the employment control framework, ECF, have all been filled, and the last 11 were filled by this Government. People will understand that the vacancies have been filled and there are no further vacancies, but as vacancies arise in the course of 2017, which the Policing Authority will advertise, it is completely open to anyone who is still on the panel to apply for promotion to those vacancies.