Ruairi Quinn (Dublin South East, Labour)
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Question 542: To ask the Minister for Justice, Equality and Law Reform the cost to the taxpayer in legal fees for a court case (details supplied); if he will amend the legal restrictions which prevent persons over the age of 35 years from joining An Garda Síochána; the reason he will recruit persons over the age of 35 years into the Garda Reserve but not into An Garda Síochána; and if he will make a statement on the matter. [48533/09]

Dermot Ahern (Louth, Fianna Fail)
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I understand that the complaint referred to by the Deputy is still before the courts and it would be inappropriate for me to comment on the matter.

Recruitment in An Garda Síochána is governed under Statutory Regulation namely, the Garda Síochána (Admission & Appointments) Regulations 1988/2005. The recruitment age was considered as recently as 2004 when, on the recommendation of the Garda Commissioner, the maximum recruitment age was increased from 26 to 35 years. This was made by Statutory Instrument 749/2004 which amended regulation 164 of 1988.

This upper age limit of 35 was set having regard to equality legislation and also took into account the following criteria: (1) The cost of training (2) The need for recruits to serve for a sufficient period of time as full members of the service to recoup this cost. (3) The operational requirements of the service in terms of having an age profile appropriate to the physical demands placed on members in the course of their duty.

There are no plans to change the upper age limit for recruitment to An Garda Síochána at this time.

Reserve Gardaí are volunteers and not employees, serve on a part-time basis and have a limited set of powers and duties which is determined by the Garda Commissioner. The upper recruitment and retirement age limits for Reserve Gardaí were set at 60 and 65 respectively so that the Garda Reserve would attract applicants from a broad range in society, and benefit in particular from the experience and skills of more mature members of society.