Dan Boyle (Cork South Central, Green Party)
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Question 13: To ask the Minister for Justice, Equality and Law Reform if he will be taking action, as provided for in the Garda Síochána Act 2005, calling the Garda Commissioner, Noel Conroy, to account for his failure to carry through his commitment to transfer five gardaí from Donegal to Dublin in June 2005; and if he will make a statement on the matter. [29733/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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The current position in respect of the five members of the Garda Síochána in question is as follows. One member was transferred on 24 June 2005 but is now absent without leave and has been taken off the payroll. One member retired from the force before his transfer was to come into effect. One member appealed his transfer to the assistant commissioner, human resource management. This was refused but the transfer has not yet taken place because the member is currently on sick leave. One member appealed his transfer to the Commissioner. This was refused but the transfer has not yet taken place because the member is currently on sick leave and suspended from duty. One member has taken his appeal to the transfers review body, the third and last stage in the appeals process, and his case was heard on Monday, 10 October. The outcome of this appeal will be known shortly.

It is clear from the foregoing that the Garda Commissioner has taken all available steps to effect each of the proposed transfers. Of course, due process and the right of appeal must be observed but if we stand back from the detail and look at the position as a whole, we can see that of the five gardaí concerned, one has retired, one is suspended and one is no longer on the payroll. Of the remaining two members, one is on sick leave and one is awaiting the outcome of his appeal to the transfers review body.

There is no question, therefore, of the Commissioner having failed in his duties in this matter. I have the utmost confidence in the ability and commitment of the Commissioner to ensure the highest standards of discipline in the Garda Síochána.