Seanad debates

Tuesday, 27 February 2018

Public Service Superannuation (Amendment) Bill 2018: Second Stage

 

2:30 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

I appreciate the support of the House for this short Bill and for the positive comments of Members. In particular, I acknowledge the support of Senator Clifford-Lee and Fianna Fáil, Senator Ó Donnghaile of Sinn Féin, Senator Boyhan and, indeed, Senator Norris, in our objective of ensuring the best possible candidate is appointed to lead An Garda Síochána.I reiterate that Government has absolutely no preference as to whether the person is an internal or external candidate, but whoever comes through the process, whether they be a member of An Garda Síochána or otherwise, will face a significant task. The person will be required to continue the implementation of the major reform programme, to improve governance of An Garda Síochána, improve performance management, build managerial capacity, and enhance service delivery while continuing to ensure that the organisation has the capability to secure the State and keep citizens safe. The person will also be required to implement any further strategic reforms to the sector generally that may flow from the work of the Commission on the Future of Policing.

I note Senator Ó Donnghaile's view that it might be best to delay the appointment of the Garda Commissioner until the Commission on the Future of Policing has completed its work. The commission's work is well under way and I acknowledge its work under the leadership of the experienced former police officer Kathleen O'Toole. It will produce its report by September this year at the latest. I am sure Senators will agree that it is not in the public interest or that of An Garda Síochána that we allow a state of uncertainty to persist. We must proceed and ensure that there is not a vacuum around the leadership of the police service. It is some time since former Commissioner Nóirín O'Sullivan retired, whose leadership of An Garda Síochána and whose contribution I want to acknowledge, and it is important that we move swiftly towards a replacement. I know from my engagement with Kathleen O'Toole, the chair of the Commission on the Future of Policing, that she shares my concern that after a careful and deliberative approach to the recruitment process we need to proceed to ensure the best candidate is selected. The approach has been followed that has allowed the policing authority to engage with the Commission on the Future of Policing to see how it sees the future role and responsibilities of the Garda Commissioner.

I will refer briefly to points raised by Senators Buttimer, Ó Donnghaile and Norris on the maximum retirement age of 60 years. It is less than that which applies to the majority of public servants with the exception of other uniformed services such as the Defence Forces and Prison Service. The distinguishing feature of the uniformed services is justified by the physical nature of the role and need to maintain operational capacity at all times. That also means the retaining of talent and refreshing the supervisory and management tiers in organisations that are often seen as having somewhat limited promotional opportunities. I have listened carefully to Senators on this. I believe there is merit in considering whether these justifications hold the same sway for the leadership tiers of the police service, particularly in the context of open competitions. I have asked my Department to undertake a review on this matter. Any proposal for change will have to be carefully managed to avoid a silting up of senior leadership tiers for several years that might be a consequence. I acknowledge the input in any such change of my colleague, the Minister of State at the Department for Public Expenditure and Reform, Deputy Patrick Donovan. I understand he will bring forward a Bill later in the session to amend the 2004 Act to extend the retirement age for the majority of pre-2004 public servants to 70 years. This Bill may provide a timely vehicle for any proposals for change in the retirement arrangements applying to the office of the Garda Commissioner and other senior leadership ranks in An Garda Síochána.Indeed, the Minister's Bill may provide a timely vehicle for any proposal for change in respect of the retirement arrangements applying to the Office of the Garda Commissioner and other senior leadership ranks in An Garda Síochána.

As regards an interview board and who will manage this process, I reaffirm that this is a matter for the PAS. Its staff will manage the competition and arrange the selection procedures in conjunction with the Policing Authority. I expect the advertisement to be placed in national and international newspapers and on appropriate online services within a couple of weeks. I am keen that the process formally gets under way without undue delay and I suspect it may well be completed within four months of the launch. I expect the launch to be on or about the date the advertisement is placed. There will be an accompanying booklet setting out the terms and conditions, and the information regarding the vacant position. It is important that the successful person be required to implement reforms to An Garda Síochána of a significant nature. In the meantime, the enactment of the legislation is necessary to ensure we have the widest pool of candidates for competition.

With regard to Senator Boyhan's comments, there is no diversionary tactic or ulterior motive other than to ensure a level playing field for those who wish to apply from outside An Garda Síochána, those who wish to apply from within, those who wish to apply from within the State or, indeed, persons on the international stage. I would welcome the passage of all Stages this evening in order that the Policing Authority and the PAS can launch the competition. They are almost ready to do so and it could well happen within a matter of days. I hope it will but adhering to a strict timeframe is desirable in view of the time involved for selection processes for senior posts. Further time may be required in the making of the appointment as well.

I thank the House for facilitating the process and I look forward to returning-----

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