Minister for Justice Jim O’Callaghan is set for his first major clash with rank-and-file gardaí in advance of the introduction of new internal disciplinary measures for the force.
Garda representatives say they have “grave concerns” over new regulations, which form part of the Policing, Security and Community Safety Act 2024. They say the regulations will afford them fewer employment rights than members of the public or other Government employees.
If approved by Government, the regulations pose a “significant and detrimental threat” to the rights of gardaí, said Ronan Slevin, general secretary of the Garda Representative Association (GRA), which represents about 12,000 members of the force.
The regulations would result in gardaí being “treated less favourably than any other member of society or employee of the State”, Mr Slevin told GRA members in an email at the weekend.
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“This is a situation we cannot allow and which our membership will not accept,” he said.
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The controversy comes at a time of strained relations between rank-and-file gardaí and senior management.
The GRA has again refused to invite Garda Commissioner Drew Harris to address its annual conference, which takes place in Co Kerry in April, in protest over his policies.
The association has repeatedly clashed with the Commissioner in recent years over issues including Mr Harris’s tough approach to discipline and a controversial new roster system.
In 2023, the GRA approved a no-confidence motion in the Commissioner by 99 per cent.
Mr Harris is due to step down as Commissioner in the coming months, meaning the implementation of the new regulations will largely be a problem for whoever is appointed as his successor.
The GRA has objected to several specific parts of the proposed regulations, including provisions which would allow civilian Garda staff to impose sanctions on sworn members.
“The association has repeatedly argued that civilian staff cannot have any involvement in the supervision, investigation or determination of performance proceedings involving a member of An Garda Síochána,” Mr Slevin told members.
The GRA has also complained about the make-up of the new Garda Board, which will be responsible for oversight of the force. The association complained there is no employee representative on the board, which will have the final say in disciplinary matters and have the power to terminate the careers of Garda members.
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Under the regulations, gardaí subject to disciplinary processes will have to provide information “even if it contrary to his or her interest”, without knowing whether the matter is considered either misconduct or gross misconduct, the GRA said.
They will also be required to provide this information without the benefit of legal advice, “even if the conduct could lead to dismissal”.
“Furthermore, there is no protection in the Act against self-incrimination or how information provided might be used,” the GRA said.
It also complained there will be no opportunity for gardaí accused of breaches to cross-examine their accusers, even if the board is considering their dismissal.
The Department of Justice did not respond to a request for comment.
