Ivana Bacik (Independent) | Oireachtas source

I welcome the Minister of State, Deputy Brian Hayes, and thank him for taking this matter. Like Senator Jillian van Turnhout's, my question is also directed to the Minister for Justice and Equality, Deputy Alan Shatter, and I am disappointed he cannot be present.

I would like to know if consideration has been given to the circumstances where a change may be effected to the upper age limit of 35 years for recruitment to An Garda Síochána. I had not anticipated that the issue of recruitment to An Garda Síochána would be in the news today for other reasons. My specific purpose in asking this question is to focus on the upper age limit for recruitment. I have received a communication from a constituent who has been prevented from applying to join the Garda Síochána because of the upper age limit of 35 years. My constituent is 37 years old and the recruitment requirement was introduced when she was 32 and unable to apply. She is conscious that age is not an issue in other jurisdictions, including for the Swedish police, Strathclyde Police which is now part of Police Scotland and the Police Service of Northern Ireland, PSNI. I am told that the Scottish recruitment team was surprised to hear that there was an age bar in Ireland.

This matter has been the subject of questions in the Dáil; the most recent I can find is from Deputy Thomas P. Broughan on 12 July 2011. When he asked the Minister about the upper age limit, the Minister responded that he was giving consideration to the issue of the circumstances which might effect a change to the upper age limit for entry to An Garda Síochána. The Minister went on to outline the position and said recruitment was governed by statutory regulations, namely, the Garda Síochána Admission and Appointments Regulations 1988 and 2005. He also said the recruitment age had been considered as recently as 2004 when, on the recommendation of the Garda Commissioner, the maximum recruitment age was increased from 26 to 35 years, which, I acknowledge, was a substantial increase.

Given that a substantial and significant increase could be provided for in 2004, I wonder why the upper age limit of 35 years cannot be increased. The Minister's response to Deputy Thomas P. Broughan in 2011 was that consideration was being given to the issue. The Minister also gave as a reason for setting the upper age limit at 35 years the need to have regard to equality legislation. I cannot see where that is relevant, as I am sure equality legislation would pre-empt any arbitrary age limit being set. The current age limit appears to be somewhat arbitrary. While 35 years is perhaps a little more justifiable than 26 years, it is an age limit that might not be so objectively justifiable under equality legislation. The Minister gave three reasons for this in July 2011: the cost of training which I am not sure is valid; the need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost, which is a more substantial reason; and the operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.

He then said:

Consideration is being given to changing the upper age limit, in limited circumstances, in a way which would be beneficial to An Garda Síochána. The Garda Síochána .... Regulations 2006 already allow the Public Appointments Service to give due recognition to any satisfactory service by a person as a reserve member of the Garda Síochána.

I think I am correct in saying that there is no age limit for joining the Garda Reserve.