Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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To ask the Minister for Justice and Equality if it is the policy of An Garda Síochána to waive disciplinary measures against an officer if that officer avails of early retirement and if it is not the policy, if he will seek an absolute assurance from the Garda Commissioner that no officer that has availed of early retirement over recent years or has made an application for early retirement was under investigation or facing disciplinary measures. [42971/12]

Alan Shatter (Dublin South, Fine Gael)
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Discipline in An Garda Síochána is governed by the Garda Síochána (Discipline) Regulations, 2007, as amended, and these regulations apply only to serving members of An Garda Síochána.

Members of An Garda Síochána who joined the Force before 1st April, 2004 are entitled to retire on reaching 50 years of age, subject to having completed thirty years of approved service. A member who joined after 1st April, 2004 would be entitled to retire on reaching 55 years of age, subject to having completed thirty years approved service.

Where a member of An Garda Síochána is not eligible to retire he or she may resign from the Force, subject to the provision of notice of the resignation to the Commissioner.