Written answers

Tuesday, 8 November 2022

Department of Justice and Equality

An Garda Síochána

Photo of Mark WardMark Ward (Dublin Mid West, Sinn Fein)
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860. To ask the Tánaiste and Minister for Justice and Equality if there is a redress scheme for people if their property is damaged by An Garda Síochána; and if she will make a statement on the matter. [54648/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy may be aware, claims from property owners for damage caused to their properties arising from searches undertaken by the Garda Síochána are managed by the State Claims Agency (SCA).

Each claim is considered separately, having regard to the particular facts of the case.

The general policy of the State Claims Agency, in relation to such claims, is that where the Gardaí cause damage to property in conducting a search, any claim from the property owner in respect of that damage is contested unless there is demonstrable negligence on the part of the Garda authorities. Other relevant factors taken into account include whether the Gardaí were acting on foot of a search warrant or whether they had other lawful authority to carry out a forced entry to a premises.

Search warrants authorise the Gardaí to use force to gain entry to a property if necessary and the Gardaí have no legal liability to the property owner for the damage caused in forcing entry to the property in those circumstances. The approach taken by the State Claims Agency in contesting these claims has been upheld by the Courts in a number of claims brought to court by property owners.

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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861. To ask the Tánaiste and Minister for Justice and Equality if she will immediately move to amend regulations in respect of Garda trainee recruitment, to increase the maximum age of applicants ahead of the next recruitment campaign; and her views on whether the current maximum age of applicants gives rise to a perception that the police service is ageist. [54683/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I welcome the strong interest which exists for serving as a member of An Garda Síochána and the strong desire which many people have to serve our communities.  The 2022 recruitment campaign for An Garda Síochána saw 11,000 people express an interest in joining the service.  

As the Deputy will be aware, recruitment to An Garda Síochána is governed by legislation, particularly the Garda Síochána (Admissions and Appointments) Regulations 2013 (as amended). These Regulations provide that the maximum age at which a person may apply to become a member of An Garda Síochána is not more than 35 years of age on the closing date of any Garda recruitment competition.  Any amendments to these Regulations would be carried out in consultation with the Garda Commissioner and the Policing Authority and put before Government for approval.

There is an ongoing appeal to the Labour Court in relation to the maximum age of Garda recruitment, and the Department of Justice and An Garda Síochána are parties to this appeal. Accordingly, it would be inappropriate to comment on the matter at this time.

An Expert Review Group was established by the Garda Commissioner to examine the issue of Garda recruitment, entry pathways and recruit education. This review is a commitment under A Policing Service for our Future, the Government’s implementation plan for the recommendations of the report of the Commission on the Future of Policing in Ireland.  The Group examined a variety of matters, including the age of recruitment to An Garda Síochána.

 I am informed that the Group’s report is currently being considered by the Garda Commissioner.

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