Written answers

Thursday, 20 October 2005

Department of Justice, Equality and Law Reform

Garda Disciplinary Proceedings

5:00 pm

Photo of Pat RabbittePat Rabbitte (Dublin South West, Labour)
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Question 28: To ask the Minister for Justice, Equality and Law Reform the number of gardaí who are suspended from the force; the length of suspension in each case; if they will receive their full salary for the duration of the suspension; and if he will make a statement on the matter. [29746/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I have been informed by the Garda authorities that the number of gardaí currently suspended is 27, all ranks, which represents about 0.2% of the force. Of these 27 members, the vast majority, 23 members, are suspended for a year or less. However, I have learnt from the information supplied to me on foot of the Deputy's inquiry that four members are suspended for considerably longer periods.

I am very concerned that lengthy court proceedings lie behind these four cases of lengthy suspension and I am examining whether strict maximum time limits for suspension can be introduced in statutory regulations. One member has been suspended for as long as nine years. This is not acceptable. I am informed by the Garda authorities that the member concerned was the subject of a complaint to the Garda Síochána Complaints Board, which recommended that the member be dismissed. I am told that the member has taken judicial review proceedings which were heard recently in the High Court and that a decision is awaited.

Another member is suspended for seven years. I am informed that the member was due to appear before a board of inquiry under Garda discipline regulations but that this member also has taken judicial review proceedings in the High Court and that a date for hearing is awaited. The third member has been suspended for four years. This member is the subject of criminal charges currently before the criminal courts. The member has taken High Court proceedings seeking to prohibit the continuance of the prosecution and a date for hearing is awaited. The fourth member has been suspended for two years. This member is the subject of criminal charges currently before the criminal courts and a hearing date is awaited.

I am asking the Garda Commissioner for a report on what steps have been taken in the management of these cases to resolve, one way or another, the legal proceedings which have prevented the completion of the disciplinary process. I am asking the Commissioner, too, for his views on how best to ensure as far as possible that significant delays are avoided in future disciplinary cases. I have no doubt that the Commissioner's response will take into account the greatly strengthened powers of dismissal which the Garda Síochána Act 2005 has given him.

On the question of salaries, I have been informed by the Garda authorities that members of the Garda Síochána who are suspended from duty do not receive a full salary during suspension but that they may apply for a suspension allowance representing 75% of salary.

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