S.I. No. 164/1988:

GARDA SÍOCHÁNA (ADMISSIONS AND APPOINTMENTS) REGULATIONS, 1988.

GARDA SÍOCHÁNA (ADMISSIONS AND APPOINTMENTS) REGULATIONS, 1988.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), section 1 of the Garda Síochána Act, 1958 (No. 14 of 1958), and pursuant to sections 17 , 17A and 17B of the Employment Equality Act, 1977 (No. 16 of 1977), hereby, with the approval of the Government, make the following regulations:--

1. These Regulations may be cited as the Garda Síochána (Admissions and Appointments) Regulations, 1988.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. In these Regulations--

"the Commissioner" means the Commissioner of the Garda Síochána;

"the Force" means the Garda Síochána; "Member" means a member of the Force;

"the Minister" means the Minister for Justice;

"trainee" has the meaning assigned to it by Regulation 4.

4. Subject to the provisions of these Regulations, the Commissioner may, in relation to the admission of persons to membership of the Force, arrange for the admission to training of such persons (in these Regulations called "trainees") and for their subsequent appointment and enrolment as members.

5. (1) Subject ot these Regulations, the Commissioner shall not admit a person as a trainee unless--

(a) he is satisfied that the person is of good character;

(b) the person is certified by the Surgeon of the Force to be in good health, of sound constitution and fitted physically and mentally to perform the duties of a member, and--

(i) if a man, to be not less than five feet nine inches in height and to be built in proportion, and

(ii) if a woman, to be not less than five feet five inches in height;

(c) he is satisfied that the person is at least 18, but under 26, years of age on the first day of the month in which an advertisement of the vacancy to which the admission relates was first published in a national newspaper;

(d) the person has, before the first day of September in the year in which the said advertisement was so published, obtained a grade not lower than D in at least five subjects (including Irish, English and Mathematics) in the Leaving Certificate Examination of the Department of Education or in another examination which, in the opinion of the Minister, is of a standard not lower than the standard of that examination;

(e) he has been notified by the Civil Service Commissioners that the person has been successful in a competition (which includes a competitive interview) of such standard as the Civil Service Commissioners, after consultation with the Minister, shall determine; and

(f) the person is available to commence training within a reasonable time of being offered admission as a trainee.

(2) Notwithstanding any other provision of these Regulations, the Commissioner shall not admit a person as a trainee if it appears to the Commissioner that the person is generally unsuitable for such admission.

(3) (a) Whenever the Minister for Justice is of opinion that, having regard to the number of persons to be admitted as trainees, it is impracticable for the Surgeon of the Force to examine all such persons within a reasonable time for the purpose of certifying the matters specified in paragraph (1) (b) of this Regulation, the Minister may nominate (for such period as may be specified in the nomination) a registered medical practitioner (within the meaning of the Medical Practitioners Act, 1978 (No. 4 of 1978)) to examine such persons and to certify the matters specified in the said paragraph (1) (b).

(b) A certificate issued under this Regulation shall be deemed to be a certificate issued by the Surgeon of the Force under the said paragraph (1) (b).

(4) Subject to paragraph (5) of this Regulation, where the age of a person is to be determined for the purposes of paragraph (1) (c) of this Regulation and the person is certified by the Adjutant-General to have served satisfactorily in any one or more of the following forces--

(i) the Permanent Defence Force,

(ii) the Reserve -- First Line,

(iii) An Fórsa Cosanta Áitiúil,

(iv) An Slua Muirí,

the person shall, for the said purposes, be entitled to have deducted from his actual age a period not exceeding in the aggregate four years, which shall be--

(a) in respect of permanent and full-time service in such a Force, the period (or the aggregate of the periods) of such service,

(b) in respect of effective service in the Reserve-First Line, a period equal to half of the period (or of the aggregate of the periods) of such service,

(c) in respect of effective service in An Fórsa Cosanta Áitiúil or in An Slua Muirí, a period (not exceeding two years) equal to half of the period (or of the aggregate of the periods) of such service.

(5) A deduction under paragraph (4) of this Regulation shall not be allowed unless--

(a) in the case of a person claiming the deduction in respect of service in An Fórsa Cosanta Áitiúil, the person has completed two years' effective service and is certified by the local Area Officer (in lieu of being certified by the Adjutant-General) to have served satisfactorily,

(b) in the case of a person claiming the deduction in respect of service in An Slua Muirí, the person has completed two years' effective service.

(6) Credit for service in any branch of the Defence Forces shall be allowed for the purposes of this Regulation only in respect of service completed before the first day of the month in which the advertisement of the vacancy to which the admission relates was first published in a national newspaper.

(7) In this Regulation "the Permanent Defence Force", "the Reserve-First Line", "An Fórsa Cosanta Áitiúil" and "An Slua Muirí" mean, respectively--

(a) the Permanent Defence Force,

(b) the Reserve of Officers (First Line) or the Reserve of Men (First Line),

(c) the Reserve of Officers (An Fórsa Cosanta Áitiúil) or the Reserve of Men (An Fórsa Cosanta Áitiúil),

(d) the Reserve of Officers (An Slua Muirí) or the Reserve of Men (An Slua Muirí),

as defined or constituted by the Defence Act, 1954 (No. 18 of 1954). Transitional provision.

6. The Commissioner may admit as a trainee a person who--

(a) was a candidate at the competition held in 1983 for vacancies in the Force, and

(b) in relation to whom the following provisions apply:

(i) subparagraphs (a) to (e) of Article 4 (1) (inserted by the Garda Síochána (Appointments) Regulations, 1981) of the Garda Síochána (Appointments) Regulations, 1945, and

(ii) subparagraph (f) of Regulation 5 (1) of these Regulations.

7. The Commissioner may make provision for the admission and training of trainees (subject, in matters involving expenditure, to the approval of the Minister) and, without prejudice to the generality of the foregoing, may--

(a) pay trainees sums by way of remuneration and expenses, and

(b) provide premises for training purposes and other training facilities,

and the conditions of service of trainees may be governed by contracts entered into between the Commissioner and the trainees.

8. A contract mentioned in Regulation 7 of these Regulations may contain a condition that the Commissioner may at any time terminate the contract if he considers that the trainee is not fitted, physically or mentally, to perform his duties as a trainee or is not likely to become an efficient and well-conducted member.

9. The Commissioner shall, in conformity with sections 17 and 17A of the Employment Equality Act, 1977 (No. 16 of 1977), as amended by the European Communities (Employment Equality) Regulations, 1985 ( S.I. No. 331 of 1985 ), in relation to each competition (or intake from each compeititon) for vacancies for admission of persons as trainees with a view to their subsequent appointment and enrolment as members, assess the requirements of the Force as regards posts--

(a) the duties of which include disarming, controlling, arresting or escorting violent persons, quelling riots or violent disturbances, controlling or dispersing violent crowds or affecting the rescue of hostages or kidnap victims, and

(b) where it is necessary, in the interests of privacy or decency, that the posts be filled by persons of a particular sex by reason of the nature of the duties of those posts, in particular where such duties necessitate the carrying out of personal searches or the interviewing of persons in connection with the investigation of sexual offences,

and determine, having regard to those requirements--

(i) the minimum number of persons to be admitted who will be capable of performing the duties referred to in paragraph (a), and

(ii) the minimum number of persons of each sex whom it is necessary, having regard to the matters referred to in paragraph (b), to admit.

10. The number of persons to be admitted as trainees by reference to a particular competition shall be determined by the Commissioner with the consent of the Minister for Justice.

11. (1) Subject to the Emloyment Equality Act, 1977 (as amended) and to the subsequent provisions of these Regulations, the Commissioner shall not appoint and enrol a person as a member unless he is satisfied that the person has successfully completed such period of employment as a trainee as the Commissioner may, with the consent of the Minister, determine.

(2) A person who has been offered appointment and enrolment as a member shall not be so appointed and enrolled unless he has taken up the offer within a reasonable time.

(3) Notwithstanding any other provision of these Regulations the Commissioner shall not appoint and enrol a person as a member if--

(a) he is certified by the Surgeon of the Force not to be in good health, of sound constitution or fitted physically and mentally to perform the duties of a member,

(b) it appears to the Commissioner that the person is generally unsuitable for appointment, or

(c) the person is not available to be appointed and enrolled within a reasonable time of being offered such appointment and enrolment.

12. The Government, if they think it is in the public interest to do so, may authorise the Commissioner to appoint and enrol a specified person as a member without regard to the requirements of Regulation 11 of these Regulations and, upon the Commissioner being so authorised, he may forthwith duly appoint and enrol such person as a member.

13. The Commissioner may, with the consent of the Minister, appoint and enrol any person as a member without regard to the requirements of Regulation 11 of these Regulations if that person has at any previous time served as a member.

14. Where the Commissioner is satisfied--

(a) that a person has special technical qualifications which justify his appointment and enrolment under this Regulation as a member, and

(b) that the person is of good character, in good health and of sound constitution and is fitted physically and mentally to perform the duties to which he will be assigned in the Force,

the Commissioner may, with the consent of the Minister, duly appoint and enrol the person as a member without regard to the requirements of Regulation 11 of these Regulations.

15. On first appointment by the Commissioner as a member, such member shall be appointed to the rank of Garda and shall be on probation for a period of two years.

16. The Commissioner may at any time dispense with the services of any member who is on probation if he considers that the member is not fitted, physically or mentally, to perform his duties as a member or is not likely to become an efficient and well-conducted member.

17. The Garda Síochána (Appointments) Regulations, 1945 to 1984, are hereby revoked.

GIVEN under my Official Seal, this 8th day of July, 1988.

GERARD COLLINS,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 8th day of July, 1988.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

These Regulations prescribe new qualifications and procedures for recruitment and training of Gardaí.