The Government is facing the prospect of a legal challenge from a group of senior Garda officers who secured promotion in recent months but who may now have to reapply under a new system about to be introduced.
The problem has arisen for a group 17 officers who were entered onto a list of 32 personnel set for promotion by the end of the year.
However, the Policing Authority will assume responsibility for such promotions in the coming weeks.
When that transfer takes place, the list of those earmarked for promotion will lapse and any officer still on the list must reapply under the new system run by the authority.
The Irish Times understands the officers were aware the Policing Authority may assume responsibility for promotions before their promotions occurred under the existing system and in that situation the plan to move them up the ladder would lapse.
However, senior Garda sources say those involved fully expected to be advanced before the promotions function was transferred to the new Policing Authority.
Fianna Fáil spokesman on justice Jim O'Callaghan said the officers involved had a natural expectation they would be promoted once they were entered onto the promotions list.
Responding in the Dáil last night on behalf of the Government, Minister of State David Stanton said it was intended that responsibility for the promotions system be transferred to the authority as soon as possible and once the transfer was complete, it was the authority that would make promotions.
Competitive process
There are seven Garda inspectors, eight superintendents and two chief superintendents still on the list awaiting promotion to the ranks of superintendent, chief superintendent and assistant commissioner respectively.
Under existing rules, candidates must apply for promotion in a competitive process involving interviews before a board operated by the Public Appointments Service with Garda representatives.
The successful candidates are then ranked on the basis of the competitive process, with those deemed to be the strongest candidates placed first in the lists and the others ranked in a queue for promotion.
The Cabinet has a role in approving appointments to the rank of superintendent and higher.
However, the promotions system is seen as highly flawed, with many in the force claiming favouritism influences the outcome and that Cabinet should also have no role in giving the final seal of approval to the promotions.
It is intended the process will become completely meritorious and independent with the Policing Authority takes control of it.
