Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

I thank the Senator for raising this issue. On 29 April 2002 the Irish and British Governments signed an agreement on police co-operation providing a framework for the implementation of certain Patten commission recommendations on enhanced police co-operation. I am pleased to inform the House that all of the necessary administrative and legislative measures are in place to allow for implementation of these recommendations. The legislative measures were set out in the Garda Síochána (Police Co-operation) Act 2003 which, in turn, was incorporated into the Garda Síochána Act 2005. It is worth recalling that Article 1 of the recommendations deals with lateral entry, that Article 2 deals with secondments with police powers and that Article 5 deals with personnel exchanges without police powers. Regulations under the Act were required to provide for lateral entry and these are now in place. Regulations were not required for secondments and personnel exchanges. The implementation of these articles continues to be a key measure towards improving the level of cross-community confidence in the impartiality of the criminal justice system.

It was proposed that personnel provisions of the intergovernmental agreement would take place on an incremental basis, commencing with personnel exchanges without police powers, then secondments with police powers and, finally, lateral entry. On 21 February 2005 the Garda Commissioner and the Chief Constable of the PSNI signed protocols which provided for the implementation of a programme of personnel exchanges and secondments between An Garda Síochána and the Police Service of Northern Ireland. These protocols set out a framework for the operation of both personnel exchanges and secondments. In practice, exchanges take place for periods of between one and two months, without the exercise of police powers in the host jurisdiction.

A total of 89 members of An Garda Síochána and 76 members of the Police Service of Northern Ireland have taken part in exchange programmes under the auspices of the protocols. These programmes have been very successful, with exchanges taking place across the whole spectrum of policing areas, including training, human resources, general operational policing and specialist areas. Outside the ambit of the formal agreement, training and education exchanges have also taken place between the Garda College and the PSNI in a number of areas, including the exchange of teacher-trainers, a senior investigation officers' course, public order training and a firearms instructors' course. A joint diversity training programme took place involving personnel in the Border division and the PSNI. Following on from discussions between An Garda Síochána and the Police Service of Northern Ireland, each exchange is now concluded with a comprehensive debriefing session involving representatives of both organisations and each participant in the exchange.

The key difference between personnel exchanges and secondments is that members of either force who are seconded to the other force exercise full police powers in the host jurisdiction. Under section 54 of the Garda Síochána Act 2005, the Commissioner may, on application by a member of An Garda Síochána, arrange with the Chief Constable for the member's secondment to the PSNI for a period not exceeding three years. As the Senator stated, one Garda superintendent was seconded to the PSNI from An Garda Síochána for a period on 18 months in March 2010. I understand this was a very successful secondment. I very much hope there will be further such secondments, although they are, of course, subject to the operational exigencies of the two police services. That said, it is important that the Patten commission recommendations are fully implemented. I know that the Garda Commissioner is very committed to building on and enhancing cross-Border co-operation across all aspects of policing. I must stress at this stage that any member of An Garda Síochána who participates in an exchange programme or takes up a secondment position with the PSNI does so in the full knowledge that his or her employment status within An Garda Síochána remains completely intact.

Turning to the issue of lateral entry, the intergovernmental agreement obliged both Governments to introduce the necessary administrative and legislative measures to enable members of one force to apply for posts at ranks of above inspector level in the other force. Section 52 of the Garda Síochána Acts 2005 to 2007 provides for the implementation of these provisions for the appointment of members of the PSNI to ranks above inspector level in An Garda Síochána. In 2012 I introduced regulations, namely, the Garda Síochána Act 2005 (Police Service of Northern Ireland Appointments) Regulations 2012 and the Garda Síochána Act 2005 (Section 52) Regulations 2012, to give legal effect to the provisions mentioned. By way of letter, dated 10 September 2012, the Chief Constable of the Police Service of Northern Ireland was notified of the holding of promotion competitions for the ranks of superintendent and chief superintendent in An Garda Síochána. Expressions of interest from members of the Police Service of Northern Ireland were received and subsequently two briefing sessions were held at the Garda College in Templemore in September 2012. The appointments from this competition have been made and on this occasion did not include any member of the PSNI.

Pension transfer is a particularly difficult issue that applies to all public sector workers moving between different jurisdictions. There is no general provision for a transfer of pension benefit from one state to another. In the case of lateral entry, where a member of An Garda Síochána resigns his or her position to join the PSNI, or vice versa, that member will retain pension entitlements which, in the case of An Garda Síochána, would be due at age 60 and commence new pension payments with the PSNI. There are certain circumstances where a member of An Garda Síochána who resigns from the force to take up employment with another police force or in the private sector may apply to the Commissioner to be reinstated. In doing so, that person must be able to show the additional experience and skills set acquired outside the force will be of benefit to the force in the future.

I have developed a close working relationship with my ministerial counterpart in Northern Ireland, David Ford, which is of great benefit in addressing matters of mutual concern and enhancing effective police and criminal justice co-operation. Along with our officials, we will continue to address the operation of these personnel transfer and exchange arrangements to ensure they can be made as beneficial as is possible to the two police services and, indeed, to policing on this island.

In summarising my response to the points made by Senator Keane, I reiterate that mechanisms are in place for the orderly transfer of members, permanently or temporarily, between the PSNI and the Garda Síochána. I look forward to building on the progress which has been made in this regard. I would have to say in response to the questions the Senator asked that of course there is no question of anyone being punished for taking an initiative. It is a lot more simple and straightforward in the area of secondments. Of course a direct lateral transfer will be much more complicated. In effect, it involves someone ceasing to be a member of the Garda Síochána and becoming a member of the PSNI. I am determined to encourage the continued exchange of members between the Garda Síochána and the PSNI in the manner that has been successful to date. The next time I meet Minister Ford, I intend to raise with him the further steps that might be taken to ensure the full intent and objective of what was previously agreed is actually working in practice.