John McGuinness (Carlow-Kilkenny, Fianna Fail)
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Question 229: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his views on extending the age of retirement for chief superintendents or in cases where the Garda expresses a wish to continue in the service beyond the stated retirement age; if consideration will be given to that person's request; if there are legal barriers preventing him from granting such extensions; and if he will make a statement on the matter. [11629/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I understand that a review of the retirement age for existing Chief Superintendents and Superintendents has been undertaken by the Garda Commissioner. I have not yet received a report on the matter.

The current position is that Section 4 of the Public Service Superannuation (Miscellaneous Provisions) Act, 2004 provides that a person who is appointed as a new entrant to the Garda Síochána after 1 April 2004 shall cease to be a member on attaining the age of 55 years but may be allowed to remain in the Force until 60 subject to medical certification and the Commissioner's satisfaction as to fitness to continue. No new entrant can remain in the Force beyond the age of 60.

The retirement age for existing members of An Garda Síochána at Chief Superintendent rank is governed by the Garda Síochána (Retirement) (No. 2) Regulations, 1951, and is set at 60 years of age.

There is no legal provision to extend the service of any member of the Garda Síochána beyond the limits set out in the Regulations.