Pat Rabbitte (Dublin South West, Labour)
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Question 115: To ask the Minister for Justice, Equality and Law Reform his views on whether an extension for three years would moderate the short-term impact of retirements at senior level in An Garda Síochána which are probably motivated by concerns about tax changes; and if he will make a statement on the matter. [42423/09]

Dermot Ahern (Louth, Fianna Fail)
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The general retirement age in An Garda Síochána was increased by three years to 60 years of age in 2006 and this retirement age is compatible with national and EU legislation. The retirement age for Assistant Commissioner rank was recently challenged in the High Court which found that the setting of that retirement age was objectively and reasonably justified and was compatible with the Directive. I have no plans to change the retirement age. Notwithstanding the increased level of retirements this year the increase in personnel in An Garda Síochána nationwide means that the strength of the force reached an all time high in 2009.

The Garda Commissioner, mindful of the general moratorium on public service appointments and of the need to make a strong case for any exceptions, will continue to carefully assess the capacity available to him at a senior level within An Garda Síochána. The Commissioner's approach has been to identify those posts which are especially important for operational policing. Earlier this year, on foot of such a submission from the Commissioner, I obtained, as an exceptional measure, the sanction of the Minister for Finance to the filling of a certain number of positions at senior management levels in the Force. I also intend to keep the recruitment position under review during the course of 2010 in consultation with the Garda Commissioner and my colleague the Minister for Finance.