Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

339. To ask the Minister for Justice and Equality if she will increase the pay for rank and file members of An Garda Síochána given their working conditions and the dangers posed to them on a daily basis; and if she will make a statement on the matter. [5719/16]

Brendan Griffin (Kerry, Fine Gael)
Link to this: Individually | In context | Oireachtas source

377. To ask the Minister for Justice and Equality to outline her views on a matter (details supplied) regarding the pay and conditions of An Garda Síochána; and if she will make a statement on the matter. [6000/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 339 and 377 together.

The Lansdowne Road Agreement (LRA) represents the agreed structure for industrial relations and pay within the public service until 2018. It provides for the gradual unwinding of the pay reduction measures imposed on public servants at a cost of €844m over three years. It is underpinned by the Financial Emergency Measures in the Public Interest Act 2015 (FEMPI). That Act makes the following provision for pay restoration:

On 1 January the exemption threshold for payment of Pension Related Deduction (PRD) increased from €15,000 per annum to €26,083 per annum and on 1 January 2017 it will further increase to €28,750. This means for all public servants, including members of An Garda Síochána, that by the start of 2017 remuneration below €28,750 will no longer be liable to PRD which will reduce the impact for PRD affected public servants by €1,000. By operation of the tax code those lower paid public servants on lower rate of tax will profit to a greater extent.

For the majority of public servants, including members of An Garda Síochána, in addition to the PRD benefits outlined above, there is a significant reduction, weighted in favour of the lower paid, of the pay reductions suffered under the 2009 FEMPI legislation. These come in the form of increases in gross pay in 2016 for those on lower pay (up to €31,000) and in 2017 for all on pay up to €65,000. The 2015 FEMPI legislation also provides for the suspension of the operation of incremental pay scales in respect of any public servant who is not encompassed by a collective agreement. The application of this provision will fall to be considered in relation to those public servants who are not encompassed by the LRA come the expiry of the Haddington Road Agreement on 30 June 2015.

Negotiations on the LRA were facilitated by the Labour Relations Commission (now the Workplace Relations Commission) and were open to all Public Sector Unions and Associations including the Garda representative associations.

In relation to the pay rates applicable to members of An Garda Síochána the position is that trainee Gardaí are supported while completing their 2 year BA in Police Studies. For the 32 week duration of phase 1 of their training they receive a basic weekly allowance of €184 and full board in the Garda College. After 32 weeks they are fully attested and move onto the first point of the Garda incremental pay scale of €23,750. The incremental scale rises to €42,138 per annum after 8 years with two further increments after 13 and 19 years' service which bring the maximum of the pay scale to €45,793 per annum after 19 years. It is important to recall that the Garda pay scale does not represent the full earnings of a Garda as it does not include any allowances. Gardaí assigned to frontline duties work the Garda Roster which attracts unsocial hours payments. Such payments amount to between 25% and 30% of their earnings. Even at the entry level of €23,750 and the lower end of unsocial hours scale, this will add almost €5,950 to the salary. Other allowances may also be payable, as may overtime.

Regarding the 2014 finding by the European Committee of Social Rights in EuroCOP V Ireland that the State was not in compliance with a number of aspects of the Charter on Social Rights I have made it clear in the State's formal response that while the finding is not binding I am committed to seeking solutions to these issues which respect the Charter. The breaches identified were:

- Article 5 (the right to organise) on grounds of the prohibition against police representative associations from joining national employees' organisations

- Article 6.2 (the right to bargain collectively) on grounds of restricted access of police representative associations into pay agreement discussions; and

- Article 6.4 on grounds of the prohibition of the right to strike of members of the police.

The findings in relation to Articles 5 and 6.2 have been referred for consideration as part of the independent review being conducted by Mr Ray McGee, former Deputy Chairperson of the Labour Court as part of the commitment under the Haddington Road Agreement to a review of An Garda Síochána including appropriate industrial relations mechanisms. This review is ongoing and will be completed as soon as possible. The breach of Article 6.4 (prohibition on the right to strike) is under separate consideration. It raises complex questions for the State from a legal, operational and management perspective which require detailed and considered input from various parties including the Garda Commissioner, the Attorney General and indeed Government itself.

All public servants, including members of An Garda Síochána, played a significant part in stabilising the public finances and bringing about the economic recovery and I am very conscious of their frustrations at the pace of pay restoration. However, it is essential that a prudent and sustainable approach is adopted given the current resources available and fiscal restraints on spending.