Written answers

Thursday, 10 November 2005

Department of Justice, Equality and Law Reform

Garda Disciplinary Proceedings

5:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 204: To ask the Minister for Justice, Equality and Law Reform the number of members of the Garda Síochána who are currently under suspension; the nature of those suspensions; the level of remuneration to which they are entitled while suspended and the cost thereof. [33714/05]

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)
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Question 205: To ask the Minister for Justice, Equality and Law Reform further to a report in a newspaper (details supplied) on 6 November 2005 if he has received a comprehensive report into the steps which will be taken to avoid protracted disciplinary processes from the Garda Commissioner; and if not, when he expects to receive same. [33716/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 204 and 205 together.

I have been informed by the Garda authorities that the number of gardaí currently suspended is 27 across 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. Four members are suspended for considerably longer periods.

It would be inappropriate for me to comment upon the nature of any of these suspensions as each suspension history is unique and deliberated on a case-by-case basis. In some cases disciplinary investigations are ongoing, while in others, matters are currently either before the High Court on judicial proceedings, awaiting a determination on criminal charges or awaiting instructions from the law officers.

A special suspension allowance of 75% of basic pay and rent allowance is payable to suspended gardaí in lieu of full pay and allowances during the period of suspension. A suspended member may apply to the Commissioner on grounds of special hardship to have the suspension allowance increased to 90%. The total money paid to the 27 suspended gardaí up to 3 November 2005 was €1,301,527.82.

As the Deputy may be aware, I have expressed concerns regarding the significant delays in certain disciplinary cases within the Garda Síochána. I am very concerned that lengthy court proceedings lie behind the four cases of lengthy suspension, and I am examining whether strict maximum time limits for suspension can be introduced in statutory regulations. I asked the Garda Commissioner to furnish me with a report outlining 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 also asked the Commissioner for his views on how best to ensure, as far as possible, that significant delays are avoided in future disciplinary cases. I have just received a report from the Garda Commissioner in the above matter. I will now carefully study this report and consider what steps need to be taken to address this issue of concern.

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