Written answers

Tuesday, 12 May 2015

Department of Justice and Equality

Marriage Equality Referendum

Photo of Mattie McGrathMattie McGrath (Tipperary South, Independent)
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410. To ask the Minister for Justice and Equality if she informed the Government of her view of the involvement of An Garda Síochána on the "Yes" side of the same-sex marriage referendum campaign; and if she will make a statement on the matter. [18493/15]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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One of the primary functions of the Garda Commissioner under the Garda Síochána Acts is to direct and control An Garda Síochána.

The Garda Síochána Discipline Regulations were introduced by Statutory instrument in May 2007. Included in the "Acts or Conduct Constituting Breaches of Discipline" is the following:

"Prohibited spare-time activity, that is to say-

a) identifying himself or herself actively or publicly with a political party;

b) behaving in relation to political matters in such a manner and in such circumstances as to give rise to reasonable apprehension among members of the public in relation to his or her impartiality in the discharge of his or her duties; or

c) engaging (whether for reward or otherwise) in any activity which, though not mentioned in subparagraph (a) or (b), is prohibited by the Commissioner (by either general or special directive) as being-

(i) likely to interfere with the proper discharge of his or her duties; or

(ii) likely to give rise to reasonable apprehension among members of the public in relation to his or her impartiality in the discharge of those duties; or

(iii) for good and stated reasons, inappropriate for members to engage in."

In my response to Parliamentary Question 222 on 28 April 2015 I put on record that "The Garda Commissioner has made clear publicly that Garda participation in the event outside Pearse Street Station - or any event like it - is inappropriate. As the person with statutory responsibility for the control and direction of the Force it is a matter for the Commissioner to examine the circumstances which arose and any action that might be necessary.

To avoid any reoccurrence of this behaviour, the Garda Commissioner has informed me that she has now issued an instruction reminding all members of An Garda Síochána of the necessity for members not to be associated with any political movement or viewpoint."

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