Alan Kelly (Tipperary, Labour)
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576. To ask the Tánaiste and Minister for Justice and Equality the persons he sanctioned within the Garda Síochána to take over the duties of the Garda Commissioner while she was or is on leave in 2016 and in 2017; the dates of those sanctions to those persons; and the format in which they made. [36428/17]

Charles Flanagan (Laois, Fine Gael)
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Section 32 of the Garda Síochána Act 2005 provides that the Minister may authorise a Deputy Garda Commissioner, or in the absence of a Deputy Commissioner, an Assistant Commissioner, to perform the functions of the Garda Commissioner during any absence, incapacity or suspension from duty of the Commissioner, or during any vacancy in the office of Commissioner. "Absence" includes travel abroad on official business, attendance at conferences/seminars, meetings of international security and law enforcement services and annual leave etc.

For the sake of clarity, neither I nor my Department is responsible for authorising the leave arrangements of any member of An Garda Síochána.

In the case of a planned absence, the Commissioner's Office notifies my Department of the relevant dates and of the name of the Deputy Commissioner who will be available to perform the Commissioner's functions and requests the Department to arrange for a Ministerial authorisation to be given. Where such an authorisation is given the Commissioner's Office is notified as is the Policing Authority in accordance with section 32(3) of the Act. While the request from the Commissioner's Office may be received several months in advance of the dates of the absence the practice is to give the authorisation close to the start date having confirmed that the details, including the dates and the name of the available Deputy Commissioner, remain valid.

For the Deputy's information, I have set out below the dates on which a Deputy Commissioner was authorised to perform the functions of the Commissioner under section 32 in 2016 and 2017 to date.

Date for which a Deputy Commissioner was authorised to perform the Commissioner’s functions under section 32 of the Garda Síochána Act 2005 during the absence of the Commissioner on official business, attendance at conferences/seminars, meetings of international security and law enforcement services and annual leave, etc.