Clare Daly (Dublin Fingal, Independent)
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120. To ask the Minister for Justice and Equality to instruct the Garda Síochána to cease promotions until she enables the relevant sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015. [15671/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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The sections of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 which remain to be commenced contain provisions essentially enabling the Policing Authority to appoint and remove persons from positions in An Garda Síochána.

Sections 10, 11 and 13 contain provisions governing the removal of the Garda Commissioner, Deputy Garda Commissioners, Assistant Garda Commissioners, chief superintendents and superintendents, including the procedures to be followed before such removal. Section 12 deals with the appointment by the Authority of persons to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent. Sections 39 to 42 deal with appointments and secondments between the PSNI and An Garda Síochána and the procedures to deal with disciplinary matters in relation to persons comprehended by those sections.

The commencement of these sections is dependent on the regulations governing promotion and discipline in An Garda Síochána being amended to reflect the envisaged role for the Authority. In accordance with the Garda Síochána Act 2005, the Garda Commissioner and the Authority must be consulted on any proposed changes to these regulations. In addition, the Garda representative bodies must be consulted. Work on the preparation of the proposed regulation changes is being expedited in my Department with a view to the appointment function being transferred as quickly as possible and I would hope that this work will be completed in July. In relation to the role envisaged for the Authority in the removal process, I hope that the necessary preparatory work can be completed this year.

Pending the commencement of section 12 the appointment of persons to the ranks of Assistant Garda Commissioner, chief superintendent and superintendent remains a matter for Government.

The Deputy may wish to be aware that the establishment of the Policing Authority has no bearing on promotions to the ranks of sergeant and inspector. These continue to be matter for the Garda Commissioner in accordance with section 14 of the Garda Síochána Act 2005 and the Garda Síochána (Promotion) Regulations 2006.