S.I. No. 94/1989:

GARDA SÍOCHÁNA (DISCIPLINE) REGULATIONS, 1989.

GARDA SÍOCHÁNA (DISCIPLINE) REGULATIONS, 1989.

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), and section 15 (5) of the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986), hereby, with the approval of the Government, make the following Regulations:

Preliminary.

1. These Regulations may be cited as the Garda Síochána (Discipline) Regulations, 1989.

2. These Regulations shall come into operation on 1st June, 1989.

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

4. (1) In these Regulations--

"Appeal Board" means an Appeal Board appointed under Regulation 25;

"appointing officer" has the meaning assigned to it by Regulation 8 (2) and includes a member of the same or higher rank acting in the place of the appointing officer;

"breach of discipline" has the meaning assigned to it by Regulation 6;

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

"discipline form" has the meaning assigned to it by Regulation 10 (2) (b);

"inquiry" means an inquiry under Regulation 14;

"investigating officer" has the meaning assigned to it by Regulation 8 (1);

"member" means a member of the Garda Síochána other than the Commissioner or a deputy commissioner, if and whenever he is exercising or performing any power or duty of the Commissioner during his absence or incapacity, pursuant to an authorisation of the Minister under section 8 (2) of the Police Forces Amalgamation Act, 1925 ;

"member concerned" means the member who is believed to be, alleged to be or found to have been in breach of discipline;

"the Minister" means the Minister for Justice;

"presenting officer" has the meaning assigned to it by Regulation 18 (d);

"presiding officer" shall be construed in accordance with Regulation 15 (1).

(2) Functions of the Commissioner under these Regulations, other than functions relating to dismissal, requirement to resign as an alternative to dismissal and reduction in rank of a member, may be performed by a deputy commissioner or assistant commissioner authorised in that behalf by the Commissioner and references in these Regulations to the Commissioner shall be construed accordingly.

(3) A reference in these Regulations to a Regulation or the Schedule is to a Regulation of or the Schedule to these Regulations and a reference to a paragraph or subparagraph is to a paragraph or subparagraph in the Regulation or paragraph, as the case may be, of these Regulations in which the reference occurs, unless it is indicated that reference to some other Regulation or provision, as may be appropriate, is intended.

Transitional provision

5. Any proceedings in relation to a member which were commenced and are not concluded before the commencement of these Regulations may be continued as if these Regulations had not been made except that, in the event of a decision being made in those proceedings by an inquiry under the Garda Síochána (Discipline) Regulations, 1971 ( S.I. No. 316 of 1971 ), or by the Commissioner, the member shall be entitled to apply under and in accordance with Regulation 26 to have the decision reviewed by an Appeal Board and, accordingly, in such a case, the provisions of these Regulations relating to the hearing and determination by an Appeal Board of such applications shall, subject to any necessary modifications, apply.

Breach of discipline

6. An act or omission described in the Schedule shall be a breach of discipline and "in breach of discipline" shall be construed accordingly.

7. Nothing in these Regulations shall affect the right of the Commissioner or any other member whose duties include the supervision of another member to deal informally (whether by advice, admonition or warning as the circumstances may require) with a breach of discipline of a minor nature.

Investigation

8. (1) Subject to Regulation 7, where it appears that there may have been a breach of discipline, the matter shall be investigated as soon as practicable by a member not below the rank of inspector (in these Regulations referred to as an investigating officer).

(2) An investigating officer shall be appointed by a member (in these Regulations referred to as an appointing officer) who is not below the rank of chief superintendent or who is a superintendent assigned to discharge the duties of a chief superintendent.

9. (1) As soon as practicable after his appointment, an investigating officer shall inform the member concerned in writing--

( a ) that it appears that the member concerned may have been in breach of discipline, and

( b ) that he is investigating the matter.

(2) Where it appears to an investigating officer that an alleged breach of discipline may constitute an offence, the law and practice applicable to the investigation of offences shall apply in relation to the investigation.

(3) An investigating officer shall carry out the investigation either, as he thinks fit, alone or with the assistance of such other members as he may determine.

Report of investigation

10. (1) Upon completion of an investigation under Regulation 8, the investigating officer shall as soon as may be submit to the appointing officer a written report of the investigation, together with copies of any statements made.

(2) Upon receipt of a report under this Regulation, the appointing officer shall without avoidable delay--

( a ) decide whether or not to continue the proceedings under these Regulations, and

( b ) if he decides to continue the proceedings, cause to be entered on a form (in these Regulations referred to as a discipline form) such particulars of the breach of discipline alleged as will leave the member concerned in no doubt as to the precise nature of it.

(3) A discipline form shall be in such form as the Commissioner shall from time to time approve.

Documents to be supplied to the member concerned

11. The member concerned shall be supplied with--

( a ) 2 copies of the relevant discipline form duly completed,

( b ) the names in writing of the witnesses whom it is proposed to call to furnish information before an inquiry relating to the matter and a copy of each statement intended to be used at any such inquiry,

( c ) particulars in writing of any other information intended to be so used, and

( d ) an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation, which may be favourable to the member concerned and of which he may be unaware.

12. (1) When being supplied with the documents referred to in Regulation 11 the member concerned shall be informed in writing--

( a ) that he may admit or deny the breach of discipline alleged,

( b ) that he may admit that the statements and any other particulars supplied under Regulation 11 are wholly or partly true but deny that the facts stated therein constitute a breach of discipline,

( c ) that he may deny the breach of discipline alleged but admit that the facts constitute another breach of discipline,

( d ) that he shall return one copy of the discipline form within 14 days of the date of its receipt by him, and

( e ) that he shall indicate on that copy his admission or denial of a breach of discipline and may, in the case of an admission of the breach of discipline alleged, indicate thereon that he wishes to have the breach dealt with in accordance with Regulation 13.

(2) Where a copy of the discipline form is not returned within the period aforesaid or is so returned without an indication thereon of admission or denial, the member concerned shall be taken to have denied the breach of discipline alleged.

Procedure where certain breaches of discipline admitted by member concerned

13. (1) An appointing officer may deal with a breach of discipline in accordance with this Regulation if the following conditions are complied with:

( a ) the member concerned has returned the discipline form within 14 days after receipt with an indication that he admits the breach of discipline alleged and wishes to have the breach dealt with in accordance with this Regulation, and

( b ) in the opinion of the appointing officer, the breach of discipline is such that it could appropriately be dealt with.

(2) The appointing officer may, after interviewing the member concerned and considering any statement made by him, decide to take one of the following disciplinary actions in relation to him:

( a ) reduction in pay not exceeding in amount one week's pay.

( b ) reprimand,

( c ) warning,

( d ) caution,

( e ) advice.

(3) The decision of the appointing officer shall be entered on the discipline form which shall thereupon be handed to the member concerned who shall note the decision thereon and return it to the appointing officer.

(4) A reduction in pay under paragraph (2) shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed in amount one week's pay and the amount deducted in any one week shall not exceed 10 per cent. of weekly pay.

(5) If--

( a ) the appointing officer is of opinion that the breach of discipline could not appropriately be dealt with in accordance with this Regulation, or

( b ) during the interview, the member concerned indicates that he wishes to withdraw his admission of the breach of discipline,

the member concerned shall be supplied with two further copies of the relevant discipline form, Regulation 12 shall apply with the necessary modifications and the matter shall then be dealt with in accordance with Regulation 14, and that Regulation shall apply accordingly with the deletion of ", subject to Regulation 13,".

Inquiry

14. After the return of the discipline form or (when the form is not returned) the expiry of the period of 14 days referred to in Regulation 12 (1) (d), the appointing officer shall, subject to Regulation 13, forward to the Commissioner without avoidable delay all the documents in his possession relating to the breach of discipline alleged and the Commissioner (unless he decides not to continue the proceedings) shall cause an inquiry to be held on a date specified by him in relation to the breach of discipline alleged.

15. (1) ( a ) An inquiry shall be held by either one member or 3 members appointed for that purpose by the Commissioner.

( b ) In case one member only is so appointed, he shall be of a rank not lower than chief superintendent and references in these Regulations to the presiding officer shall in such a case be taken as references to such a member.

( c ) In case 3 members are so appointed, one shall be of a rank not lower than chief superintendent and the others of a rank not lower than superintendent and the senior member of those appointed shall preside at the inquiry concerned and references in these Regulations to the presiding officer shall in such a case be taken as references to such a member.

(2) The presiding officer shall notify the member concerned in writing of the date of the inquiry and of the names of the members appointed to hold it. The notification shall be given at least 21 days before the date of the inquiry.

(3) The date of the inquiry may be altered by the presiding officer but shall not be so altered unless the member concerned is notified of the alteration and shall not be altered so as to abridge the period of notice mentioned in paragraph (2) unless the member concerned agrees.

(4) ( a ) The member concerned may submit not more than 2 objections to specified members of an inquiry other than a presiding officer referred to in paragraph (1) (c) who is a member not below the rank of assistant commissioner but including a member substituted under subparagraph (c).

( b ) Any objection shall be submitted by the member concerned not later than 7 days after the receipt by him of the name of the member to whom it relates.

( c ) Where an objection is made, the Commissioner shall substitute another member for the member to whom it relates.

16. (1) Where before the commencement of an inquiry it appears to the presenting officer that particular information relating to the breach of discipline alleged is not likely to be disputed, he may request the member concerned to agree that there is no such dispute and, in the event of such agreement, a statement in writing of such information shall be admissible at the inquiry and the information shall not be required to be given orally.

(2) Where the attendance of any person at an inquiry is required in order to establish the material facts, the presiding officer shall, not later than 14 days before the date of the inquiry, notify the person in writing accordingly and the notification shall require his attendance at the inquiry at a specified time and place on that date.

(3) Where any particular fact may be established by more than one person, it shall not be necessary to give a notification under paragraph (2) to more persons than are sufficient to establish that fact, but an inquiry may, on its own initiative or at the request of the member concerned or the presenting officer, notify for examination at the inquiry such other or others of the persons aforesaid as it considers necessary.

(4) A notification under this Regulation to a person who is not a member shall contain a statement to the effect that neglect or refusal by the person to whom the notification is addressed to attend at the inquiry concerned is an offence punishable on summary conviction by a fine not exceeding £700 or imprisonment for a term not exceeding 6 months or both.

17. If, at any time after the supply to a member of documents referred to in Regulation 11 and before the commencement of the inquiry, an additional statement or further information becomes available which the presenting officer or the member concerned wishes to use at the inquiry--

( a ) the presiding officer may allow the statement or information to be so used, and

( b ) if the presiding officer allows the statement or information to be so used, the member concerned or the presenting officer, as the case may be, shall be supplied with a copy of the statement or particulars of the information and the presiding officer shall postpone the inquiry for 14 days or for such shorter period as the member concerned may agree to and shall notify the parties concerned of the postponement.

Inquiry procedure

18. At an inquiry--

( a ) if the inquiry is held by 3 members, information at it shall be given on oath (which the presiding officer at the inquiry is hereby authorised to administer),

( b ) where information at the inquiry is given on oath, a verbatim record of the information shall be made by a stenographer or by electronic or other means,

( c ) the presiding officer shall read to the member concerned the particulars of the breach of discipline alleged and shall inform him--

(i) that he may admit or deny the breach of discipline alleged,

(ii) that he may admit that the statements and any other particulars supplied to him under Regulation 11 or 17 are wholly or partly true but deny that the facts stated therein constitute a breach of discipline,

(iii) that he may deny the breach of discipline alleged but admit that the facts constitute another breach of discipline,

( d ) the investigating officer concerned or another member not below the rank of inspector nominated by the Commissioner (in these Regulations referred to as a presenting officer) shall present the case on which the allegation of the breach of discipline by the member concerned is founded,

( e ) the member concerned may present his case in person, through another member or through a solicitor or barrister at his own expense,

( f ) where the member concerned presents his case through another member, the member concerned, as well as the other member, may examine witnesses,

( g ) Where, because of the absence of the member concerned or a witness or for any other reason, the presiding officer is satisfied that the inquiry should be adjourned, he may adjourn it to a specified date and, in a case where the member concerned or a witness is absent, shall, if practicable, cause that member or witness to be notified of the adjournment,

( h ) the presiding officer may correct a defect in any entry in the discipline form provided that the correction would not result in injustice,

( i ) any signature appearing on a document before the inquiry shall be taken to be that of the person whose signature it purports to be unless the contrary is shown.

19. At an inquiry--

( a ) where a breach of discipline is not admitted by the member concerned, the inquiry shall decide--

(i) that the member concerned has not been in breach of discipline,

(ii) that such member has been in breach of discipline as alleged, or

(iii) that the facts established constitute another breach of discipline:

Provided that such a decision shall not be made unless the inquiry is satisfied that the other breach is less serious than the breach alleged (that is, that it is one which in the circumstances of the particular case merits disciplinary action of a less serious nature than that warranted by the breach alleged) and that such a decision would not be unfair to the member concerned having regard to the fact that the other breach concerned is not the breach that was alleged,

( b ) the presiding officer shall announce the decision under paragraph (a).

20. (1) Where, at an inquiry, a breach of discipline is admitted by the member concerned or is found to have occurred, the inquiry--

( a ) shall consider any statement or submission in relation to the member's record of service, his conduct in the Garda Síochána, his circumstances and any other relevant matter,

( b ) if the inquiry is held by one member, may, in relation to the member concerned, decide to take one of the following disciplinary actions, namely:

(i) reduction in pay not exceeding in amount 2 weeks' pay,

(ii) reprimand,

(iii) warning,

(iv) caution,

(v) advice,

( c ) if the inquiry is held by three members, may, in relation to the member concerned--

(i) decide to take one of the following disciplinary actions, namely:

(I) reduction in pay not exceeding in amount 4 weeks' pay,

(II) reprimand,

(III) warning,

(IV) caution,

(V) advice,

or

(ii) recommend to the Commissioner the taking of one of the following disciplinary actions, namely:

(I) dismissal,

(II) requirement to retire or resign as an alternative to dismissal,

(III) reduction in rank.

(2) A reduction in pay under subparagraph (b) or (c) of paragraph (1) of this Regulation shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed in amount 2 weeks' pay or 4 weeks' pay respectively, and the amount deducted in any one week shall not exceed 10 per cent. of weekly pay.

21. (1) Upon completion of an inquiry, a written report thereof (which shall include any statement or submission referred to in Regulation 20 (1) (a) if in writing and, in the case of such a statement or submission made orally, an account thereof) shall be made and forwarded to the Commissioner by the presiding officer with, where appropriate, the verbatim record of the inquiry and the report shall state the decision of the inquiry and, where appropriate, its recommendation as to the disciplinary action to be taken.

(2) Where there is a difference of opinion among the members holding an inquiry the decision or recommendation of the majority shall prevail.

(3) The decision of the inquiry under Regulation 19 (a) shall be entered on the discipline form which shall thereupon be handed to the member concerned who shall note the decision thereon and return it to the presiding officer.

22. An inquiry shall be held in private.

Action by Commissioner on report of inquiry

23. (1) As soon as practicable after the receipt by him of a recommendation under clause (ii) of Regulation 20 (1) (c), the Commissioner shall decide which of the disciplinary actions specified in the said Regulation 20 (1) (c) should be taken in the matter.

(2) A decision of the Commissioner under paragraph (1) as to disciplinary action shall be entered on the discipline form which shall be transmitted to the member concerned who shall note the decision thereon and submit it to his immediate superior for return to the Commissioner.

Review by Commissioner of disciplinary action

24. (1) The member concerned may, subject to this Regulation, apply to the Commissioner for a review of a decision as to disciplinary action made by an appointing officer or by an inquiry held by one member.

(2) An application for a review shall be in such form as the Commissioner may from time to time approve and the application shall be submitted by the member concerned to his immediate superior not later than 14 days after the receipt by the member concerned of the discipline form under Regulation 13 (3) or 21 (3).

(3) As soon as practicable after the receipt by him of an application for review, the Commissioner shall review the decision concerned and shall then either affirm the decision or substitute for the disciplinary action specified in the decision any disciplinary action that might have been taken in the matter under Regulation 13 (2) or 20 (1) (b), as may be appropriate.

(4) The member concerned may at any time before a decision is taken by the Commissioner under paragraph (3) withdraw his application by a notification in writing to that effect submitted to his immediate superior for transmission to the Commissioner.

Appeal Boards

25. (1) The Commissioner shall, as occasion requires, appoint a board (in these Regulations referred to as an Appeal Board) to hear and determine an application under Regulation 26.

(2) An Appeal Board shall consist of 3 persons.

(3) One member of an Appeal Board, who shall be the chairman thereof and is in these Regulations referred to as the chairman, shall be selected by the Commissioner from a panel nominated by the Minister and consisting of not more than 5 persons, none of whom is a member and each of whom is a justice of the District Court or a practising barrister or a practising solicitor, of not less than ten years' standing.

(4) The other members of an Appeal Board shall be--

(a) either the Commissioner or, at the option of the Commissioner, a member selected by him from a panel consisting of the deputy commissioners and the assistant commissioners, and

(b) either--

(i) a member selected by the representative association of which the member concerned is a member from a panel consisting of the members of the central executive committee of that association, or

(ii) where the member concerned is not a member of a representative association, a member selected by the Commissioner.

However, a member appointed under Regulation 15 (1) (a) to hold an inquiry shall not be eligible for membership of an Appeal Board reviewing a decision of that inquiry.

Review by Appeal Board

26. (1) Subject to this Regulation, the member concerned may apply to an Appeal Board for a review of a decision of an inquiry or a decision of the Commissioner under Regulation 23 (1).

(2) Where an inquiry has made a recommendation under Regulation 20 (1) (c) (ii) to the Commissioner for the taking of disciplinary action, the member concerned may not apply to an Appeal Board for a review of the decision of the inquiry until the Commissioner has made a decision on the recommendation.

(3) The member concerned may not apply to an Appeal Board for a review of--

(a) a decision of an inquiry held by 3 members in relation to disciplinary action consisting of a warning, caution or advice, or

(b) a decision of an inquiry held by one member in relation to disciplinary action,

unless he also applies to the Appeal Board for a review of the decision of the inquiry that he has been in breach of discipline.

(4) Notice of intention to apply under this Regulation for a review shall be given in writing by the member concerned to his immediate superior not later than 7 days after the receipt by the member concerned of the discipline form under Regulation 21 (3) or 23 (2), as the case may be.

(5) An application under this Regulation for a review shall be in such form as the Commissioner may from time to time approve and, not later than 14 days after the receipt by the member concerned of the discipline form under Regulation 21 (3) or 23 (2), as the case may be, shall be submitted by the member concerned to his immediate superior for transmission to the Commissioner.

(6) As soon as practicable after the receipt by him of an application under this Regulation, the Commissioner shall refer the application to an Appeal Board.

(7) The member concerned may at any time before the commencement of a hearing by an Appeal Board withdraw his application by a notification in writing to that effect submitted to his immediate superior for transmission to the Commissioner.

27. (1) An Appeal Board shall, in accordance with these Regulations, hear an application referred to it by the Commissioner and shall, not later than 21 days before the hearing, cause the member concerned to be notified in writing of the date of the hearing.

(2) The date of a hearing may be altered by the chairman of the Appeal Board concerned but shall not be so altered unless the member concerned is notified of the alteration and shall not be altered so as to abridge the period of notice mentioned in paragraph (1) unless the member concerned agrees.

28. The provisions of paragraphs (1) to (3) of Regulation 16 and of subparagraphs (d) to (g) of Regulation 18 shall, subject to Regulation 30, apply to a hearing by an Appeal Board with the substitution of references to the chairman for references to the presiding officer and of references to a hearing by an Appeal Board for references to an inquiry.

29. A copy of the relevant verbatim record referred to in Regulation 18 (b) shall be supplied to each member of an Appeal Board, the member concerned and the presenting officer.

30. (1) Where an application to an Appeal Board is in respect of an inquiry at which the information was given on oath, the Appeal Board shall, unless paragraph (2) applies, deal with the matter by considering the verbatim record of the inquiry but in any case--

(a) the member concerned (and, if he is represented by another member or a legal representative, that member or legal representative) and the presenting officer shall be entitled to appear and be heard, and

(b) if the Appeal Board is satisfied that additional information is required, it may secure the attendance of witnesses.

(2) Where an application is for a review of disciplinary action only, the Appeal Board may, if it considers it appropriate to do so, determine the application on the basis of oral submissions by the presenting officer and by or on behalf of the member concerned.

31. Information at a hearing by an Appeal Board shall be given on oath (which the chairman of the Appeal Board is hereby authorised to administer) or otherwise as the Appeal Board may determine.

32. (1) An Appeal Board shall, in relation to an application to it--

(a) if or in so far as the application is for a review of a decision finding the member concerned in breach of discipline under Regulation 19, affirm or set aside the decision or set aside such a decision and find that the member concerned was in breach of discipline otherwise than as found by the inquiry and, if the member concerned has not applied for a review of the decision of the inquiry or of the Commissioner in relation to disciplinary action, recommend that the decision be affirmed, varied or set aside,

(b) if or in so far as the application is for a review of a decision of an inquiry or of the Commissioner in relation to disciplinary action, recommend that the decision be affirmed, varied or set aside,

(c) in recommending that a decision of an inquiry in relation to disciplinary action be varied, recommend the substitution of any disciplinary action that could have been taken by the inquiry.

(2) A decision of an Appeal Board shall be communicated to the Commissioner for implementation.

(3) Where there is a difference of opinion among the members of an Appeal Board, the decision of the majority shall prevail and only that decision shall be communicated under paragraph (2) of this Regulation.

33. Sittings of an Appeal Board shall be held in private.

Absence of member concerned

34. Where, because of the absence of the member concerned, compliance with a requirement of these Regulations is not possible, proceedings may take place notwithstanding such non-compliance if an inquiry or an Appeal Board (as the case may be) is satisfied that this is reasonable in all the circumstances.

Power of suspension

35. (1) Where, in the opinion of the Commissioner, the circumstances render such a course desirable, he may suspend a member from duty.

(2) The power of suspension conferred on the Commissioner by this Regulation may be delegated by him to a member not below the rank of chief superintendent but the power, when so delegated, shall not be exercised so as to impose a suspension of more than 72 hours.

Convictions, etc

36. Where a member is convicted of an offence or the District Court, without proceeding to a conviction, finds the facts alleged in a criminal charge to have been proved against a member, the Commissioner, an inquiry or an Appeal Board shall be entitled to rely on the conviction or finding as conclusive.

Extension of time

37. Any time limit provided for by these Regulations for the doing of anything by the member concerned may be extended by the Commissioner where he is satisfied that an extension is justified.

Restriction on proceedings

38. (1) Where a member has been convicted or acquitted of an offence, proceedings under these Regulations for an alleged breach of discipline shall not be commenced or, if already commenced, continued if the breach is in substance the same as the offence of which he has been convicted or acquitted.

(2) (a) Paragraph (1) shall not be construed as applying in relation to a breach of discipline which consists of conduct constituting an offence in respect of which there has been a conviction by a court.

(b) The reference in paragraph (1) to a member who has been acquitted of an offence shall, as respects an offence dealt with summarily, be construed as a reference to a member who has had a complaint or charge against him dismissed on the merits.

Direction to investigating officer

39. (1) Subject to paragraph (2), where in relation to an investigation of an alleged breach of discipline--

(a) (i) the Director of Public Prosecutions has been consulted and has decided that proceedings for an offence against the member concerned should not be instituted, or

(ii) the Commissioner is of opinion that the breach of discipline alleged does not constitute an offence committed by the member concerned,

and

(b) in the course of the investigation the member concerned has refused to answer a question, furnish information, or produce a document or thing, relevant to the investigation of the breach of discipline alleged,

the Commissioner may, on consideration of the report of the investigation, give a direction to the investigating officer to investigate the breach further in accordance with this Regulation.

(2) A direction shall not be given under this Regulation unless the breach of discipline alleged arose in connection with the performance or exercise, or the purported performance or exercise, by the member concerned of functions or powers conferred on him as such member.

(3) Where a direction under this Regulation for an investigation is given, the investigating officer concerned may, for the purposes of the investigation, require a member (other than a member who is the spouse of the member concerned) to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the breach of discipline alleged.

(4) It shall be the duty of a member to comply with a requirement of an investigating officer under paragraph (3) but the answer given, the information furnished, or the document or thing produced, in pursuance of the requirement shall not be admissible in evidence against the member or his spouse in any proceedings whatsoever other than proceedings against the member for or in relation to a breach of discipline.

(5) Non-compliance by a member with paragraph (4) shall not be a breach of discipline unless the investigating officer concerned, when making the requirement concerned under paragraph (3), informs him in writing that he is acting in accordance with a direction under this Regulation and brings the substance of paragraphs (3) and (4) to the notice of the member.

(6) If, in the course of a further investigation pursuant to a direction under this Regulation--

(a) an investigating officer finds it necessary to question a member (other than the member concerned or a member who is the spouse of the member concerned),

(b) the member being questioned refuses to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the breach of discipline alleged, and

(c) it appears to the investigating officer that there is a possibility that the member being questioned may have committed an offence,

the investigating officer may, if the Director of Public Prosecutions has been consulted in relation to the matter and has decided that proceedings against the member being questioned for an offence should not be instituted, require the member, in pursuance of paragraph (3), to answer the question, furnish the information or produce the document or thing.

(7) The provisions of these Regulations relating to investigations shall, with any necessary modifications, apply in relation to an investigation pursuant to a direction under this Regulation.

Power of dismissal

40. (1) Notwithstanding anything in these Regulations, the Commissioner may, subject to this Regulation, dismiss from the Garda Síochána any member (not being above the rank of inspector) whom he considers unfit for retention in the Garda Síochána.

(2) The power of dismissal conferred by this Regulation shall not be exercised except in the following cases--

(a) where the Commissioner is not in any doubt as to the material facts and the relevant breach of discipline is of such gravity that the Commissioner has decided that the facts and breach merit dismissal and that the holding of an inquiry could not affect his decision,

(b) where disclosure of facts relating to the breach of discipline would, in the opinion of the Commissioner, be liable to affect the security of the State or to constitute a serious and unjustifiable infringement of the rights of some other person:

Provided that, in such a case, the Commissioner shall consider whether, in the interests of the member concerned, some special inquiry can be held into the relevant breach of discipline which would not be liable to affect the security of the State or to constitute a serious and unjustifiable infringement of the rights of some other person,

(c) where the member has failed to attend for duty over such period and in such circumstances that it can be presumed that his intention has been to abandon his membership of the Garda Síochána.

(3) The power of dismissal conferred by this Regulation shall not be exercised--

( a ) in the case of a member who has completed his period of probation, without the consent of the Minister,

( b ) in a case to which paragraph (2) (a) applies, without the member concerned being informed of the material facts and the relevant breach of discipline,

( c ) in any case, other than a case to which paragraph (2) (c) applies or any other case in which, despite reasonable efforts to do so, the member's whereabouts have not been established, without the member being given an opportunity of advancing to the Commissioner reasons against the proposed dismissal.

Members on probation while at Garda Training College

41. (1) Notwithstanding anything in these Regulations, the member who is the Chief Superintendent in Charge at the Garda Training College (or, if he is absent, the member acting on his behalf) may deal with a breach of discipline by a member attending at the College who has not completed his period of probation.

(2) The Chief Superintendent (or other member so acting on his behalf) shall ensure that when dealing with a breach of discipline under this Regulation the member concerned is informed in sufficient detail of the nature of the breach to enable him to understand fully what is alleged and to offer any explanation or make any statement.

(3) Disciplinary action under this Regulation shall consist only of a reduction in pay not exceeding 2 days' pay, a reprimand or a caution and any such action taken shall be notified to the Commissioner without delay.

(4) A reduction in pay under paragraph (3) shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed in amount 2 days' pay and the amount deducted in any one week shall not exceed 10 per cent. of weekly pay.

(5) A member against whom it is decided to take any disciplinary action under this Regulation may apply to the Commissioner for a review of the action and, on such an application, the Commissioner shall affirm or set aside the decision concerned or set aside the decision and substitute any other disciplinary action specified in paragraph (3).

Penalty for non-attendance etc., at inquiry

42. A person who is duly notified that he is required to attend at an inquiry being or to be held under these Regulations in relation to an alleged breach of discipline by a member and who neglects or refuses to attend at such inquiry or, in the case of a person other than the member aforesaid or his spouse, refuses to give evidence thereat shall be liable on summary conviction to a fine not exceeding £700 or to imprisonment for a term not exceeding 6 months or to both.

Revocation

43. The Garda Síochána (Discipline) Regulations, 1971, are hereby revoked.

SCHEDULE

Regulation 6

1. Discreditable conduct, that is to say, conducting himself in a manner which the member knows, or ought to know, would be prejudicial to discipline or reasonably likely to bring discredit on the Garda Síochána.

2. Misconduct towards a member, that is to say--

( a ) assaulting a member,

( b ) oppressive or insubordinate conduct towards a member, or

( c ) using abusive or insulting language to a member.

3. Neglect of duty, that is to say, without good and sufficient cause--

( a ) failing or neglecting--

(i) properly to account for any money or property received by him in his capacity as a member, or

(ii) promptly to carry out any lawful order or to do any other thing which it is his duty to do,

or

( b ) carrying out any such order or doing any such thing in a negligent manner.

4. Disobedience of orders, that is to say, without good and sufficient cause wilfully disobeying any lawful order, whether written or oral.

5. Falsehood or prevarication, that is to say, in his capacity as a member--

( a ) making or procuring the making of--

(i) any oral or written statement, or

(ii) any entry in an official document or record,

which is, to the member's knowledge, false or misleading, or

( b ) with a view to deceiving, destroying or mutilating any official document or record or altering or erasing or adding to any entry therein.

6. Breach of confidence, that is to say, making an unauthorised communication (namely, a communication other that a communication made in the execution of his duty or authorised by the Commissioner) in relation to any information which comes to the member's knowledge in the course of his duty and which was not available to members of the public.

7. Corrupt or improper practice, that is to say--

( a ) soliciting or receiving as a member and without the consent of the Commissioner any gratuity, present, subscription or testimonial (other than customary collections for such purposes as presentations to members on the occasion of transfer, marriage or retirement),

( b ) placing himself as a member under a pecuniary obligation to any person in a manner that might affect his ability to discharge his duty as a member,

( c ) improperly using or attempting to use his position as a member for his private advantage,

( d ) writing or giving, otherwise than in accordance with conditions specified from time to time by the Commissioner, any testimonial of character or other recommendation with the object of supporting an application for a licence or certificate relating to intoxicating liquor, betting or gaming,

( e ) failing wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his ability to discharge his duty as a member or as to be liable to compromise other members, or

( f ) signing or circulating a petition or statement relating to matters affecting the Garda Síochána other than a petition or statement presented or intended to be presented to his superiors either directly or through a representative association.

8. Abuse of authority, that is to say, oppressive conduct towards a member of the public, including--

( a ) failing to behave with due courtesy towards a member of the public,

( b ) without good and sufficient cause, making an arrest, or

( c ) using unnecessary violence towards any person with whom he is brought into contact in the execution, or purported execution, of his duty.

9. Neglect of health, that is to say, any culpable act or conduct by a member which occurs while he is absent from duty because of sickness and which is calculated to delay his return to duty.

10. Untidiness on duty or in uniform, that is to say, without good and sufficient cause, being untidy in appearance while on duty or while not on duty but wearing uniform in a public place.

11. Misuse of property (including money) in the custody of the Garda Síochána, that is to say, misappropriating, or wilfully or carelessly misusing, wasting, losing or damaging any such property or failing, without good and sufficient cause, to report any such misuse, waste, loss or damage.

12. Intoxication, that is to say, owing to the effects of intoxicating liquor or drugs or a combination thereof, being unfit for duty either while on duty or while not on duty but wearing a uniform in a public place.

13. Drinking on duty, that is to say, without good and sufficient cause, drinking intoxicating liquor while on duty.

14. Unauthorised entering of licensed premises, that is to say, without good and sufficient cause while on duty or while not on duty but wearing uniform, entering any premises in respect of which a licence or permit is in force or which are registered for a purpose relating to intoxicating liquor, betting or gaming.

15. Prohibited spare-time activity, that is to say--

( a ) identifying oneself actively or publicly with a political party,

( b ) behaving in relation to political matters in such a manner and in such circumstances as to give rise to reasonable apprehension among members of the public in relation to impartiality in the discharge of duties, or

( c ) engaging (whether for reward or otherwise) in any activity which, though not mentioned in subparagraph (a) or (b), is prohibited by the Commissioner (either by general or special directive) as being likely to interfere with the proper discharge of duties, as being likely to give rise to reasonable apprehension among members of the public in relation to impartiality in the discharge of duties, or as being, for good and stated reasons, inappropriate for members to engage in.

16. Criminal conduct, that is to say, conduct constituting an offence in respect of which there has been a conviction by a court.

17. Non-compliance with paragraph (4) of Regulation 39 in a case where the investigating officer has complied with paragraph (5) of that Regulation.

18. Accessory to a breach of discipline, that is to say, conniving at or knowingly being an accessory to a breach of discipline.

GIVEN under my Official Seal, this 28th day of April, 1989.

GERARD COLLINS,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 28th day of April, 1989.

CHARLES J. HAUGHEY,

Taoiseach.

EXPLANATORY NOTE.

These Regulations, which replace the Garda Síochána (Discipline) Regulations, 1971, prescribe the procedures for dealing with breaches of discipline by members of the Force.