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Conference Report 2016

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CENTRAL<br />

EXECUTIVE<br />

COMMITTEE<br />

REPORT<br />

GARDA REPRESENTATIVE ASSOCIATION<br />

38TH ANNUAL DELEGATE CONFERENCE<br />

26–27 APRIL <strong>2016</strong>


GARDA REPRESENTATIVE ASSOCIATION<br />

38th Annual Delegate <strong>Conference</strong><br />

26–27 April <strong>2016</strong><br />

CENTRAl ExECuTIVE<br />

COmmITTEE REPORT<br />

Garda Representative Association<br />

5th Floor Phibsboro Tower Dublin 7<br />

Telephone 01-8303533 Fax 01-8303331 Email-gra@indigo.ie Web http://www.gra.ie


CENTRAl ExECuTIVE COmmITTEE 2015


38Th ANNuAl DElEGATE CONfERENCE<br />

CENTRAl ExECuTIVE COmmITTEE REPORT<br />

CONTENTS<br />

7 Foreword<br />

SECTION 1: PAy AND AllOwANCES<br />

10 GRA members reject Lansdowne Road Agreement<br />

11 The Case for the Gardaí Clearly Stated<br />

45 Pay Scales<br />

46 Pay Scales – Gardaí recruited after October 2013<br />

47 Allowances<br />

SECTION 2: CONDITIONS Of EmPlOymENT<br />

50 Joint Protocol for Consultation and Dispute<br />

Resolution <strong>2016</strong><br />

56 Public Service Management Sick Leave Regulations<br />

57 The O’Higgins Commission of Investigation<br />

58 Meeting With Minister For Justice And Equality<br />

59 Policing Authority<br />

SECTION 3: Sub-COmmITTEE REPORTS<br />

62 Accommodation<br />

68 Change Management<br />

70 Health and Safety<br />

72 Legal Assistance<br />

74 Uniform<br />

75 Welfare<br />

77 Garda Benevolent Trust Fund<br />

SECTION 4: bENEfITS fOR mEmbERS<br />

82 Life Assurance Scheme<br />

84 Serious Illness Scheme<br />

86 Salary Protection Plan<br />

88 Additional Voluntary Contributions<br />

88 House Insurance Scheme<br />

89 Illness/Injury Scheme<br />

SECTION 5: ANNuAl DElEGATE CONfERENCE<br />

92 <strong>Report</strong> from 37th Annual Delegate <strong>Conference</strong><br />

100 Delegates to 37th Annual Delegate <strong>Conference</strong><br />

38th Annual Delegate <strong>Conference</strong> 5


fOREwORD<br />

In presenting this annual report to <strong>Conference</strong> I outline the current work being undertaken by the<br />

secretariat and the Central Executive Committee.<br />

The past year has presented a range of challenges to this Association. We had not yet exited the<br />

Haddington Road Agreement that has protected pay and allowances since 2013, when we were<br />

presented with a successive proposal in the form of the Lansdowne Road Agreement. Our<br />

membership resoundingly rejected this proposal by way of ballot. Given our difficult status within<br />

Irish industrial relations we were presented with a three-year proposal while still awaiting a full<br />

root-and-branch review of Garda industrial relations and Garda pay that was committed to by all<br />

the parties to the Haddington Road Agreement. We have fulfilled all of our commitments under<br />

that Agreement.<br />

We were not alone in rejecting the Lansdowne Road Agreement and yet uncertainty continues to<br />

exist as to the continued payment of increments once the existing Agreement expires. This,<br />

obviously, would negatively impact disproportionately on members of junior service. Bearing this<br />

in mind we are cognisant of developments emanating from the Department of Public Expenditure<br />

and Reform (DPER). We are mindful of the impact of DPER has had upon the lives of our members<br />

as in our failure by way of legal challenge to overturn the retrospective changes to our sickness<br />

regulations. This Department (DPER) has direct input into the pay and conditions of our members<br />

but affords us no opportunity to debate, discuss and negotiate or most importantly to directly<br />

represent our members. They are not directly accountable as our employers, yet they have direct<br />

management over the eligibility and payment of our wages.<br />

The pay and conditions of newly trained Gardaí have come under searing scrutiny. Public<br />

commendatory by politicians, academics and pundits is concluding that more Gardaí should be<br />

recruited immediately. The message is now broadly that the recruitment of new members is<br />

currently necessary and dispensing with the two-tier pay structures is a priority to avoid the<br />

discontent that historically arises from such disparity. The adoption of the latter concept shows<br />

how ill-served our members have been by the replacement of Social Partnership. Without a<br />

platform for engaging with the Department of Public Expenditure and Reform our members are<br />

denied the rights outlined and adopted by the Council of Europe. These rights apply from an<br />

industrial relations, social, civil and political perspective.<br />

The Review of An Garda Síochána established under the Haddington Road Agreement must<br />

focus on an ethical resolution as opposed to a legal analysis as a basis for our future industrial<br />

relations. The DPER may not have broken the law when retrospectively redefining our<br />

entitlements to sick pay – but that does not equate to it being fair or just. Sustainable change and<br />

modernisation is dependent upon the correct balance being achieved and being fairly<br />

implemented.<br />

This Association has had issues with recognition by Garda Management. Progress has been<br />

made. From March <strong>2016</strong>, Partnership has been replaced by a Joint Protocol for Consultation and<br />

Dispute Resolution. The latter provides a mechanism and timeframe for decisions to be made and<br />

appeals to be lodged. We are hopeful that this new concept will enable swift and expedient<br />

resolution of issues while enhancing our capability to impact the decisions of management.<br />

We have a relationship with government (Conciliation and Arbitration) that circumvents the<br />

oversight bodies and should allow us to influence wage agreements and policy decisions. This<br />

has been greatly diluted since the advent of the recession as the Conciliation and Arbitration<br />

Scheme became de facto redundant and the control of the Department of Justice and Equality<br />

has waned.<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

The invoking of the Social Partnership concept has been dispensed with to a large degree.<br />

Recent governments have operated under the basis of advice from conservative economists and<br />

employers’ groups who canvassed vehemently for the reduction of public service pay and,<br />

indeed, the pay of workers in general. Government departments must be aware of the negative<br />

impact the latter has on positive engagement and the concept of working together for a common<br />

goal. This regrettably, appears to be a damage they are prepared to accept.<br />

Government have declined to engage and in fact ignored the many positive ideas mooted by the<br />

staff associations. They have pressed ahead with the reduction of Garda numbers and Station<br />

closures, a decision that has led to a plausible fear of crime among many of the most vulnerable<br />

in our communities. History will not record these policies with respect or affection.<br />

The Garda Síochána were penalised more than most resulting from the financial crisis despite –<br />

or maybe because of – our unique position in Irish society. We are constrained from a myriad of<br />

perspectives like no other profession. Our strength and unity as an Association can redress this<br />

imbalance. This Association can take comfort from the fact that while we may not always be<br />

credited with positive ideas and possible solutions there is frequently a validation of the<br />

problems which we identify especially when outside agencies are tasked with auditing the Garda<br />

organisation.<br />

We continue to influence public policy, as the close relationship between our public statement<br />

and eventual resultant government action demonstrates.<br />

Public opinion clings steadfastly with our membership, especially at the most challenging of<br />

times. We continue unabated in the pursuit of many goals for our members with each and every<br />

representative’s efforts cumulatively contributing to that task. When disputes are resolved at<br />

local level, it contributes to workplace harmony and the culture of the organisation which is not<br />

quantifiable – but nonetheless invaluable. We can and will make further strides that will facilitate<br />

the development of national policy within An Garda Síochána and extend outwards to<br />

government and civil society.<br />

The struggle for fair pay and recognition for our members is never easy and has been relentless<br />

since the foundation of An Garda Síochána. The Garda Representative Association is well<br />

equipped and organised as a staff association and our campaign for the restoration of pay and<br />

conditions is morally and politically right.<br />

On behalf of the secretariat and the Central Executive Committee I commend this report to you<br />

and thank you all for your continued efforts on behalf of our members.<br />

John Healy<br />

Acting General Secretary on behalf of the Central Executive Committee<br />

8 Garda Representative Association


1 PAy AND<br />

AllOwANCES<br />

GRA mEmbERS REjECT lANSDOwNE<br />

ROAD AGREEmENT<br />

ThE CASE fOR ThE GARDAí ClEARly STATED<br />

PAy SCAlES<br />

PAy SCAlES – GARDAí RECRuITED AfTER<br />

OCTObER 2013<br />

AllOwANCES<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

GRA mEmbERS REjECT<br />

lANSDOwNE ROAD AGREEmENT<br />

Members of the Garda Representative Association voted<br />

to reject the terms offered under the Lansdowne Road<br />

Agreement [LRA]; the ballot result was announced on<br />

29th October 2015. The vote was recorded 10.9% ‘Yes’<br />

against 86.5% ‘No’. Turnout was 60% of members of<br />

Garda rank entitled to register their preference in this<br />

ballot.<br />

While one can speculate on the reasons as to why our<br />

members were unimpressed by this replacement deal on<br />

offer, our recently retired General Secretary, PJ Stone,<br />

had told the Chairman of the Workplace Relations<br />

Commission [WRC] Mr Kieran Mulvey during a briefing of<br />

the proposals, that the 30 hours unpaid overtime would<br />

most likely constitute an obstacle – as Garda<br />

Management had repeatedly directed members to work<br />

such hours against the spirit of the Agreement. Under the<br />

terms of the Haddington Road Agreement [HRA] these<br />

agreed hours were intended to be worked as ‘soft’ hours<br />

to facilitate training and upskilling or the policing of<br />

community and sporting events. In many instances these<br />

hours were invoked for the policing of public order<br />

incidents, protests and extensions to night duty that<br />

would deservedly attract premium payments.<br />

The Central Executive Committee met on 3 November<br />

2015 to discuss the implications of this outcome. It was<br />

agreed that no further discussion would be entertained<br />

for the 30 hours unpaid overtime that had been agreed<br />

under the terms of the HRA, and this practice would<br />

cease from 1 January <strong>2016</strong> as scheduled under the HRA.<br />

Members of the Association would honour all<br />

commitments made under the HRA, but the State and<br />

Garda Management must honour their own commitments<br />

especially towards the Review of Industrial Relations and<br />

Garda Pay as set out in the HRA. During the special CEC<br />

meeting of 3 November a timescale was outlined for the<br />

conclusion of the Review that had been due to be<br />

completed by 1 June 2014, but had been repeatedly<br />

deferred because of the intransigence of the official side.<br />

The date for conclusion of the Review was set as 29<br />

February <strong>2016</strong>.<br />

Despite an expedient and exhaustive submission by the<br />

GRA titled The Case for the Gardaí Clearly Stated to the<br />

chairman of the Review, Mr Raymond McGee, and<br />

assurances from the Department of Justice and Equality,<br />

this deadline was not been met. It is currently expected<br />

to report sometime in the coming months. Progress has<br />

been made and the Review is ongoing.<br />

Another outcome from the special CEC meeting of 3<br />

November was to seek an ongoing independent Garda<br />

Remuneration Review Body to reflect the unique nature of<br />

the role and responsibilities of members of An Garda<br />

Síochána and to take account of the restrictions placed<br />

on both members’ lives and on their recourse to industrial<br />

relations. Alongside this, it was agreed to seek collective<br />

access to the WRC on a permanent and formal basis.<br />

The grievances of Garda rank have increasingly resulted<br />

from proposals and legislation emanating from the<br />

Department of Public Expenditure and Reform, compared<br />

with a decreasing influence from the Department of<br />

Justice and Equality. A meeting was facilitated with the<br />

Minister for Justice and Equality to discuss the<br />

implications of the rejected Agreement – but was not<br />

with the Minister for Public Expenditure and Reform.<br />

To compound the difficulty in making swift and<br />

substantial progress since <strong>Conference</strong> last year has<br />

been further transfer of responsibility between<br />

personnel, departments and oversight bodies. The formal<br />

establishment of the Police Authority on 1 January <strong>2016</strong><br />

and the impact on Garda Management and oversight has<br />

yet to yield the full implications for the organisation and<br />

relationships between stakeholders. While the Garda<br />

Inspectorate’s report Changing Policing in Ireland was<br />

published in November, we currently await the response<br />

from Garda Management and the level of implementation<br />

of its recommendations. This report also arose from the<br />

HRA, which required an independent review of the<br />

structure, operation and deployment of the Garda<br />

Síochána. While we were signatories to the Agreement<br />

and had made an initial substantial submission we were<br />

denied access to an interim report or the opportunity to<br />

make submissions to the final draft.<br />

The Association retains the view that the Garda<br />

Inspectorate cannot be regarded as an independent<br />

organisation while it reports to the Minister for Justice<br />

and Equality; and we are increasingly cognisant that the<br />

Inspectorate continues to avoid the question of a garda<br />

optimum number analysis in its reports. The issue of the<br />

role and responsibility of a garda in the 21st Century, the<br />

number of Gardaí required and a formalised structure of<br />

10 Garda Representative Association


Section 1: Pay and Allowances<br />

industrial relations are required to prevent the current<br />

paralysis recurring.<br />

When the HRA expires on 1 July <strong>2016</strong>, members of the<br />

GRA will be outside of any national wage agreement, and<br />

the threat of the withdrawal of pay increments for those<br />

on the first 17 points of the pay scale remains real.<br />

Whether a new government will have the political will to<br />

further punish junior members of the Force on the basis<br />

of our democratic decision remains to be seen. This<br />

would be both unfair and unjust. As it stands – if section<br />

7 of the Financial Emergency Measures in the Public<br />

Interest Act 2015 (FEMPI) is invoked Government may<br />

freeze incremental increases until September 2018 for<br />

anyone not covered by a collective agreement.<br />

The Association has rejected the Lansdowne Road<br />

Agreement; and we contend that the Review of Industrial<br />

Relations for An Garda Síochána and Garda Pay should<br />

be completed before any further moves are made. The<br />

scope and remit for this Review was open-ended and not<br />

restricted by financial considerations. We hope that, like<br />

its predecessors, such a root-and-branch review will<br />

provide a roadmap for future negotiations and<br />

developments. The Conroy Commission of 1970 was<br />

seismic; followed nine years later by the Ryan Committee<br />

of Inquiry. The Haddington Road Agreement established<br />

what should become a contemporary version of the<br />

Conroy <strong>Report</strong>, updated to include the industrial relations<br />

mechanisms available to members. Our current<br />

mechanisms are outmoded and have repeatedly failed to<br />

sufficiently and fairly address the grievances and<br />

desires for a 21st century police officer.<br />

The Council of Europe made several key findings yet to<br />

be addressed; that Gardaí do not enjoy trade union<br />

status, automatic access to the instruments of State<br />

[the WRC] or the right to collective bargaining. The<br />

European Social Charter provides the right to take<br />

collective industrial action. Another adoption by the<br />

Council of Europe is the European Code of Police Ethics<br />

(2001) that facilitates equal social, economic and political<br />

rights for police officers with other citizens. The<br />

Haddington Road Review, under the auspices of the WRC<br />

has much ground to cover.<br />

Such long overdue reform and modernisation is welcome<br />

for many reasons; the future career prospects, work-life<br />

balance, job satisfaction and the means to satisfy the<br />

basic needs of all members among them. Other public<br />

servants were not granted such a wide-ranging review<br />

and this is recognition of the unique status of the garda,<br />

and the restrictions we operate under. Our job was<br />

utterly changed by the implementation of the Garda<br />

Síochána Act (2005) and we expect more tangible<br />

change in the months and years ahead as the<br />

organisation responds to the Police Authority and Garda<br />

Inspectorate.<br />

Hereunder is the Association’s submission to the<br />

Chairman of the Review of An Garda Síochána titled The<br />

Case for the Gardaí clearly Stated<br />

The Case for the<br />

Gardaí Clearly Stated<br />

SubmISSION TO ThE REVIEw Of INDuSTRIAl<br />

RElATIONS fOR AN GARDA SíOCháNA AND<br />

GARDA PAy<br />

Haddington Road Agreement 2013-<strong>2016</strong>, December 2015<br />

fOREwORD<br />

The Garda Representative Association (GRA) has most<br />

recently rejected the Lansdowne Road Agreement; while<br />

we can speculate as to why each individual within an<br />

overwhelming 86% of our members were unimpressed<br />

by the deal, we can outline with some clarity the current<br />

obstacles facing our staff association. Unusually for a<br />

foreword to such a submission of industrial relations<br />

desires, dissatisfactions and grievances, it is worth<br />

listing them:<br />

1. There is no working mechanism for industrial<br />

relations within An Garda Síochána.<br />

2. Our members’ pay has been multiply reduced and<br />

not restored.<br />

38th Annual Delegate <strong>Conference</strong><br />

11


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

3. New recruits are denied rent allowance and this has<br />

created a two-tier pay structure.<br />

4. There are fewer gardaí to complete more tasks: our<br />

numbers have been reduced by one in six and our<br />

responsibilities increased. We have become the first<br />

call and final refuge for our citizens with nowhere<br />

else to turn.<br />

5. We have been required to revolutionise our roster<br />

and increase productivity without compensation.<br />

6. Our members are subjected to increasingly violent<br />

assault with reduced protection (many are patrolling<br />

alone or without backup).<br />

7. Our conditions of service have been denigrated,<br />

particularly the reform of our sickness regulations,<br />

are seen to be unfair and discriminatory to a<br />

profession where sickness, injury and psychological<br />

challenges are occupational hazards.<br />

8. Our members are under increased scrutiny from<br />

management, the judiciary, GSOC and the media –<br />

without the visible support of Garda Management.<br />

9. The equipment and resources required to do our job<br />

are nakedly absent.<br />

10. Our members ensured security and safety for the<br />

public throughout the global economic crisis.<br />

11. Previous agreements and promises made to our<br />

members have not been honoured. Under the terms<br />

of the Haddington Road Agreement this Review was<br />

to be completed by 1st June 2014 but has been<br />

repeatedly stymied by the Department of Justice<br />

and Equality.<br />

formalise a structure of industrial relations to avoid the<br />

current paralysis recurring.<br />

The Benchmarking Body failed to address the unique and<br />

evolving status of Garda rank, and gardaí have been<br />

historically excluded from pay negotiations of the broader<br />

public service pay review system. There is also no clarity<br />

in the current status of the rights of gardaí for industrial<br />

relations following the decision of the Council of Europe.<br />

The European Code of Police Ethics (2001), subsequently<br />

adopted by the Council of Europe, also states that police<br />

staff shall enjoy the same civil and political rights as<br />

other citizens and also the social and economic rights of<br />

other public servants and:<br />

“staff shall have the right to organise or to participate in<br />

representative organisations, to receive an appropriate<br />

remuneration and social security, and to be provided with<br />

special health and security measures, taking into<br />

account the particular character of police work.”<br />

There is a solution that we propose herein: that for a<br />

separation of the gardaí from these structures through the<br />

establishment of an independent pay review body<br />

specifically for the gardaí. This is explored in detail and<br />

would appropriately reflect the unique and separate status<br />

for those workers who are tasked with State security,<br />

personal protection and community commitment.<br />

PJ Stone<br />

General Secretary<br />

1st December 2015<br />

12. We have no platform for discussion or negotiation<br />

with the Department of Public Expenditure and<br />

Reform (DPER) that has taken control of<br />

remuneration and terms of our service.<br />

We are cognisant of the political upheaval in the current<br />

Dáil; a justice sector that has seen the resignation of<br />

Minister for Justice and Equality, the removal of a Garda<br />

Commissioner, the transfer of a Secretary General and<br />

the resignation of a GSOC Commissioner. All of these<br />

personnel changes have been replicated within the civil<br />

service and we have seen significant breaks in<br />

continuity, fractured consistency and a reluctance to<br />

address any of the interlocking crises. As we await the<br />

formal handover to an independent garda authority, we<br />

need to establish the role and responsibility of the<br />

members of Garda rank in the 21st Century, and to<br />

12 Garda Representative Association


Section 1: Pay and Allowances<br />

PART ONE: OuTlINE SummARy<br />

1.1 Any review of industrial relations cannot<br />

meaningfully proceed without the establishment of<br />

fundamental parameters. In the first instance that<br />

means to establish the number of gardaí needed to<br />

police Ireland. To answer this, we also need to<br />

clearly define the role and function of An Garda<br />

Síochána through extensive policing plans for each<br />

garda division and subsequently quantify the<br />

number of personnel required to fulfil the objectives<br />

and also provide contingency for omissions,<br />

absentees and the unpredictable nature of policing.<br />

1.2 Numerous agencies have outlined the need for<br />

clearly stated and verifiable data on the nature of<br />

policing in Ireland. The Garda Representative<br />

Association (GRA) has long contended that an<br />

optimum number survey should be researched and<br />

compiled by an independent authority utilising the<br />

latest academic theory and methodology. A<br />

consultative document should be produced,<br />

distributed, discussed and implemented within the<br />

lifetime of the next Dáil.<br />

1.3 Our position is clear; gardaí cannot be expected to<br />

deal with ever-expanding workloads as their<br />

numbers diminish. A defined policing function will<br />

determine the numbers of workers required to<br />

satisfy the requirements of the public against<br />

attainable productivity levels and contingencies for<br />

each garda. The situation is currently untenable.<br />

The policing plans are not covered and the policing<br />

service has become inconsistent. The first question<br />

that needs to be answered is: how many gardaí are<br />

needed to fulfil the role and function of An Garda<br />

Síochána?<br />

1.4 There is no doubt that our members are more<br />

vulnerable to becoming victims of crime too. An<br />

Garda Síochána has had its membership reduced by<br />

around 2,500 since 2011 through retirements, long<br />

term illness and incentivised career breaks. This<br />

equates to one in six; to around five million policing<br />

hours lost per annum and yet various reform and<br />

transformation has required the remaining serving<br />

members to take measures to absorb this loss while<br />

providing an enhanced policing service.<br />

1.5 We must question the model of governance that can<br />

promote such a policy. History will undoubtedly<br />

expose this folly, but in the present situation this<br />

remains untenable in real policing. The current<br />

reclassified crime figures [September 2015] support<br />

this position. The explanation that Ireland had<br />

bucked worldwide trends in recorded crime<br />

because of ‘smart policing’ or ‘intelligence-led<br />

policing’ have been unmasked as political rhetoric<br />

designed to mislead the public and placate the everincreasing<br />

number of crime victims.<br />

1.6 In the search for a quantifiable solution to such a<br />

question, the individual level of risk to which each<br />

member is to be exposed will have to be quantified.<br />

Until now, it appears that the authorities are<br />

prepared to accept that being assaulted or<br />

subjected to intimidation is to be regarded as an<br />

occupational hazard. This is no longer accepted in<br />

the ways of the past. A modern police officer has<br />

every right to the benefit of State protections; and<br />

as an employer the State has a duty of care for each<br />

employee. The derived level of personal risk that<br />

each garda is assigned must be reflected in<br />

remuneration to compensate for any heightened or<br />

uncertain risk; public opinion now appears to reflect<br />

this. Few employments require the wearing of an<br />

anti-stab or an anti-ballistics vest as basic, standard<br />

safety equipment.<br />

1.7 In the event that specific issues arise for<br />

consideration for revision, the Association adjudges<br />

that it will be in the ultimate interests of all parties<br />

(and entirely appropriate in the context of<br />

‘partnership’ and ‘joint decision making’ processes)<br />

that it be invited to make supplementary<br />

submissions, serving to assess the implications of<br />

any proposed revisions. During the recent pay<br />

reductions resulting from the global economic crisis,<br />

coupled with deteriorating employment conditions,<br />

the Association contained the anger,<br />

disillusionment and sense of betrayal felt by our<br />

members, and steered a path that avoided industrial<br />

action but has resulted in our members frustration.<br />

We now require meaningful engagement to become<br />

tangible improvement in morale, optimism and<br />

enthusiasm. Our members need hope.<br />

1.8 In recent years the Association’s membership has<br />

been subject to increasingly oppressive financial<br />

pressures with more demanding workloads set in<br />

decreasing and deteriorating resources. The<br />

massive contribution of An Garda Síochána to the<br />

current economic recovery should not go unnoticed<br />

or without acknowledgement.<br />

1.9 Data provided to the Association by the Minister for<br />

Justice and Equality (August 2014) demonstrated<br />

that the budget allocation to An Garda Síochána<br />

dropped from €1,577,538,000 in 2008 to<br />

€1,239,488,000 in 2014 – a decline of over 21%.<br />

Data provided to this Association by the Garda<br />

Commissioner’s office in September 2014 showed<br />

that the gross expenditure for the total pay bill for<br />

An Garda Síochána declined by over 12% over the<br />

38th Annual Delegate <strong>Conference</strong><br />

13


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

2008 to 2013 period. The contribution of the Garda<br />

rank to this reduced expenditure is significant –<br />

standing at over 12% in respect of overtime pay,<br />

almost 10% in allowances and nearly 9% for salaries<br />

for the 2009 to 2013 period. Such savings were<br />

needed of a time and place that has now passed.<br />

1.10 This Review should clearly understand that the<br />

Central Executive Committee and membership of<br />

the Association would actively reject any proposals<br />

that constitute further reductions in garda pay or<br />

any additional deterioration in terms and conditions<br />

of employment. Nor will it participate in or support<br />

any process that proposes such cuts.<br />

1.11 However, the Association will address any<br />

proposals and associated cost-saving measures<br />

that do not deleteriously impact on our members’<br />

remuneration or terms and conditions of<br />

employment. This Association has worked to the full<br />

extent of its powers enabling savings-related<br />

initiatives. These include the new working time<br />

roster (€35million) under the transformation agenda<br />

of the Croke Park Agreement, the extra work days<br />

provided for under the Haddington Road Agreement<br />

(€15million), the decreased voluntary overtime<br />

premium payment rate and the implemented<br />

civilianisation process, all completed with a<br />

significantly reducing staffing level.<br />

1.12 The removal of legitimate allowances to new<br />

recipients has proved problematic, and has created<br />

a contentious two-tier pay structure within An<br />

Garda Síochána. This is unjust and an anomaly that<br />

has the potential to polarise opinion and cause<br />

ongoing disharmony and discontent. A sustainable<br />

recourse must be explored; and rent allowance<br />

restored in the interim.<br />

1.13 Independent bodies acting on behalf of the State<br />

have long acknowledged and deferred to the<br />

‘unique’ status and role of the police officer. Indeed,<br />

the Desborough Committee (1919) examined the pay<br />

and conditions of the police force – and underlined<br />

this key feature.<br />

1.14 It was also acknowledged by the British Oaksey<br />

Committee (1949), by the British Royal Commission on<br />

police pay (1962), by the Conroy Commission on the<br />

Garda Síochána (1970), by the Sheehy report into<br />

police responsibilities and rewards in Britain (1993),<br />

by the Ryan Committee of Inquiry into garda pay and<br />

conditions (1979) and by the independent United<br />

States-based Police Executive Research Forum (1998).<br />

1.15 This ‘unique’ status arises under a variety of<br />

headings including the onerous and wide-ranging<br />

responsibilities and duties of a professional police<br />

service. A garda is obliged to act on or off-duty when<br />

seeing an offence, assault or felony being committed.<br />

They are also required to be responsible and<br />

accountable for carrying out duties when not officially<br />

on-duty. This commitment to duty is a rare obligation<br />

in the world of work. In effect, the garda has to place<br />

themselves on-duty in unpredictable circumstances.<br />

1.16 It is also evident that a major difference between a<br />

garda’s role and responsibilities compared with<br />

other occupations is the extensive span of<br />

knowledge required, the discretion and judgement<br />

necessitated in varying circumstances, the<br />

potentially fatal dangers faced. A garda is frequently<br />

obliged to work on complex assignments over<br />

protracted periods that may ultimately be the<br />

subject of hostile cross-examination by senior<br />

counsel and management.<br />

1.17 This ‘unique’ status also surfaces from a review of a<br />

garda’s use of ‘discretion’; an essential part of the<br />

police officer’s role and skill set. A number of<br />

dimensions of the work necessitate the ongoing<br />

deployment of the ‘discretion’ competence. It is also<br />

pertinent that the Garda rank exercises the vast<br />

majority of the discretionary authority that the Force<br />

possesses.<br />

1.18 This competency is frequently deployed when<br />

working alone and under pressure to make<br />

decisions hastily; decisions which may be<br />

subsequently reviewed in hindsight by senior staff,<br />

the Garda Ombudsman, the judiciary and the media.<br />

The demands of the job and the environment in<br />

which it is undertaken have deteriorated. Alongside<br />

significant crime levels, gardaí now have to contend<br />

with more professional, armed and violent criminals<br />

while under intense pressure from politicians and<br />

the media for both results and greater<br />

accountability. Between 2005 and 2010 it became<br />

necessary to introduce personally issued anti-stab<br />

vests, ASP batons and subsequently incapacitant<br />

spray. These items signify punctuation marks in<br />

Irish society.<br />

1.19 The rise of contract killings to xenophobia with<br />

drugs, paedophilia, human trafficking, internet<br />

crime, corporate crime, fraud, international criminal<br />

networks, it is readily apparent that the gardaí face<br />

an escalating challenge in the maintenance of law<br />

and order. This challenge is exacerbated by the<br />

decline in the relevance of the principle of ‘policing<br />

by consent’, as the shared set of values nurtured by<br />

communal forces continue to decline, necessitating<br />

the force to rely more on professionalism,<br />

adaptability and the commitment of its members.<br />

14 Garda Representative Association


Section 1: Pay and Allowances<br />

1.20 In the face of significant societal, crime-type,<br />

legislative and organisational change, it is not<br />

surprising that the evidence should confirm that<br />

police work is highly stressful. Occupational<br />

psychologists concur that policing is ‘emotionally<br />

dangerous’ and a relatively ‘high-risk’ job.<br />

1.21 Extensive longitudinal research serves to confirm<br />

that the pressures of law enforcement place<br />

officers at real risk of high blood pressure, insomnia,<br />

dangerous levels of destructive stress hormones,<br />

heart problems, post traumatic stress disorder and<br />

suicide. The practical impact of the job’s demands<br />

and responsibilities on stress levels in An Garda<br />

Síochána was confirmed at University College Cork,<br />

which found that 32% of gardaí are experiencing<br />

‘above-average’ levels of stress, whilst one-fifth<br />

suffer from ‘severe’ levels of stress.<br />

1.22 Gardaí remain liable to disciplinary action in their<br />

personal indebtedness. Our members’ predicament<br />

is accentuated by the prohibition on their spare time<br />

activities to significantly hamper their scope to<br />

pursue additional income, sharply contrasting with<br />

the types of restrictions applied to other public<br />

servants and police forces across Europe;<br />

underlining the ‘unique’ status of the garda.<br />

1.23 A garda is restricted from the development of a<br />

business interest or restricted if a business is<br />

carried on by a spouse at any premises within their<br />

area of jurisdiction, or by any member of the family<br />

at the premises at which the officer resides. This is<br />

a significant constraint and another consequential<br />

feature of the garda’s ‘unique’ status. No other<br />

public servant is subject to such a constraint upon<br />

either the individual or the wider family to reduce<br />

personal debt. Gardaí cannot drive a taxi or minicab<br />

to supplement their income.<br />

1.24 Gardaí may be prohibited from serving at any station<br />

within 32 kilometres of any place where:<br />

(i) the member or the member’s spouse or partner<br />

has relatives permanently residing;<br />

(ii) the member’s spouse or partner, or other family<br />

members, or relatives, engage(s) in any<br />

business requiring a license or certificate or<br />

(iii) where the member’s spouse or partner or other<br />

family member is the proprietor of any business<br />

that is conducted from a shop.<br />

1.25 A garda is obliged by regulation to accept a transfer,<br />

whether temporary or permanent, to any location<br />

directed by the Garda Commissioner. Transfers can<br />

cause major disruption in the lives of a garda and their<br />

family, and can be hugely upsetting and stressful.<br />

Transfers have also been regularly deployed as a form<br />

of discipline or punishment and there is a well-founded<br />

and independently substantiated judgement that<br />

some transfers are unfair, unreasonable, uncaring,<br />

unnecessary or malicious. Few employments have<br />

such a major drawback.<br />

1.26 Four out of every five serving gardaí have no<br />

prospect of promotion and will retire at the rank of<br />

Garda. The scarcity of promotion opportunities in An<br />

Garda Síochána has to be acknowledged and<br />

addressed, as it has a major negative impact on<br />

morale and motivation. The scarcity of promotion<br />

opportunities provides a case for the reconstruction<br />

of the pay scale with increments for those gardaí<br />

that have satisfactorily completed 15, 20 and 25<br />

years of service.<br />

1.27 Few occupations include compulsory overtime.<br />

Serving to further underline the ‘unique’ status of<br />

the garda, there is an obligation on members to<br />

discharge their duties on the basis of ‘overtime’<br />

arrangements on the direction of either a superior<br />

officer or other external source, such as the<br />

judiciary. Unlike employment arrangements<br />

affecting the national workforce, members of An<br />

Garda Síochána are obliged to work unsocial hours.<br />

1.28 An Garda Síochána remains the most trusted role<br />

model or institution in the State. However, a host of<br />

authoritative sources have also been forced to<br />

acknowledge that there is an unprecedented morale<br />

crisis in the organisation and that it must be<br />

addressed as a matter of priority.<br />

1.29 The leadership of this Association has gone to great<br />

lengths to contain the disillusionment and some<br />

militant responses proposed by sections of the<br />

membership. It may not be possible to persist with<br />

this containment. The GRA survey of members in<br />

2010 revealed that 93% backed some form of<br />

industrial action. The morale slump attributed to<br />

poor leadership, declining rank numbers,<br />

depreciating equipment, reduced resources, rising<br />

levels of assault on on-duty (and off-duty) gardaí<br />

and the financial predicament faced by many gardaí.<br />

The Association urges the empowered parties to<br />

deliver on the promise that public trust and<br />

confidence will be restored, by focusing on the<br />

public face of An Garda Síochána (Garda rank) and<br />

proceeding to ensure the proper treatment of the<br />

rank’s remuneration and employment conditions.<br />

1.30 Having regard to the realities, the Association<br />

proposes that this Review increase garda pay in<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

recognition of the many unique features associated<br />

with policing. There is already a precedent for such<br />

an allowance in the Defence Forces. This<br />

Association believes that a Police Service Allowance<br />

would serve to compensate for the special<br />

disadvantages associated with police life. Such an<br />

allowance, like other core allowances in the nature of<br />

pay, should then be subsumed into a single pay<br />

scale; whereas allowances to differentiate pay<br />

within each rank can be examined separately.<br />

1.31 When deductions are made for income tax, pay<br />

related social insurance (PRSI), the pension<br />

contribution (6.5 – 9%), health cover and additional<br />

payments a garda may be left with around €150 per<br />

week to cover the standard subsistence, clothing,<br />

motor vehicle and household running costs – and<br />

this is before any medical, educational and social<br />

integration and development costs for family<br />

members are factored.<br />

1.32 The desperation and disillusionment associated<br />

with working as a garda may be attributed to the<br />

recent economic crisis and cutbacks, it should not<br />

be forgotten that gardaí did not receive benefits<br />

(compared with other public servants and their<br />

colleagues in all ranks in An Garda Síochána) under<br />

the first Public Sector Benchmarking Body’s report –<br />

which revealed little of its methodology, dataset or<br />

the concluding rationale for its recommendations.<br />

1.33 There is a long-established pay relationship<br />

between the ranks of garda and sergeant. In 1979<br />

the Ryan Committee Of Inquiry fixed the rank<br />

differential at 10.6% (for the ‘15 year Garda’). In the<br />

Committee’s view, this revision reflected<br />

“appropriate recompense for the higher skill and<br />

responsibility required.” By the time the Haddington<br />

Road Agreement came into effect the relevant<br />

differentials had swollen to 16 and 18% (including<br />

the Long Service Increments and on scale maxima<br />

respectively).<br />

1.34 This Association’s concern with the differential drift<br />

is accentuated when one compares with the British<br />

scenario where the differential stands at 12% at the<br />

top of the scales. This warrants the immediate<br />

attention of this Review, necessitating remedial<br />

action in favour of the Garda rank.<br />

1.35 The Garda rank’s pay compares poorly with many<br />

other public service categories with relevant criteria<br />

like promotion opportunities and pay scale minima,<br />

maxima and scale length. Garda pay is well below<br />

the average pay available to a wide array of private<br />

sector employee categories. Successive surveys<br />

also indicate that this inequality is accentuated by<br />

the various benefits’ packages enjoyed by other<br />

employee categories. The Garda rank has endured a<br />

series of reductions in their pay and employment<br />

conditions that has not occurred in the standard<br />

workplace experience.<br />

1.36 The Irish Business and Employers’ Confederation’s<br />

(IBEC) datasets, together with survey reports from<br />

Price Waterhouse Cooper, Hudson Human Resource<br />

and Brightwater Recruitment all indicate that pay<br />

rises have been the norm. It is notable that the<br />

Central Statistics Office (CSO) datasets reveal that<br />

earnings (both inclusive and exclusive of irregular<br />

bonuses) across all sectors of the economy other<br />

than agriculture, forestry and fishing increased over<br />

the 2008-2014 period when the earnings of the<br />

Garda rank were subjected to reductions.<br />

1.37 Datasets from the same source also reveal that An<br />

Garda Síochána experienced a 44% increase in<br />

weekly earnings (including overtime) over the 2000-<br />

08 period, in comparison with an overall average<br />

increase of 55% (including overtime) across the<br />

public sector, excluding health.<br />

1.38 When the overtime component is excluded for the<br />

same period, the figures reveal a 46% increase for<br />

gardaí in comparison with the overall average for<br />

the public sector, excluding health, of 55%.<br />

Datasets compiled by the CSO for the same period<br />

show the relatively poor pay performance of gardaí,<br />

as gardaí trail manufacturing industries where the<br />

increases stand at an average of 83%, local<br />

authorities and commercial semi-State companies<br />

at 69%, semi-State companies at 65% and Defence<br />

and the Civil Service at 60%. A similar disparity<br />

seems evident over the longer, more representative<br />

2000-2014 period.<br />

1.39 The current pay for new recruits is giving rise to<br />

significant morale problems. There is a tenacious<br />

resistance building among those recruited since<br />

2014.<br />

1.40 New gardaí now start at rates effectively 10% below<br />

the previous new entrant rates. Consequently, the<br />

application of the new scale means that it now<br />

takes two years longer to get to the €42,138 salary<br />

point and it also takes two years longer to secure<br />

entitlement to the subsequent increments (at years<br />

13 and 19).<br />

1.41 A comparative analysis of the recruits’ pay also<br />

reveals that the first point on the scale (for the<br />

Garda ‘B’ rate) is inferior to that available to a host of<br />

private and public sector employee categories. The<br />

GRA insists that it is wholly inappropriate that gardaí<br />

1<br />

Garda Representative Association


Section 1: Pay and Allowances<br />

working side-by-side or on a teamwork basis in<br />

identical circumstances, whereby one individual is<br />

legitimately and appropriately in receipt of an<br />

allowance, but another is precluded. The<br />

Association must insist upon the immediate<br />

restoration and application of all allowances<br />

(including rent allowance) to new entrants to An<br />

Garda Síochána.<br />

1.42 All parties to this Review process acknowledge that<br />

the rationale associated with the exclusivity of<br />

allowances first introduced by government by the<br />

Garda Síochána Allowances Order (1924 and 1926)<br />

for the unique nature of the work undertaken by<br />

members of An Garda Síochána. Relevant and<br />

official authorities recently substantiated this<br />

position. The decision of the Department of Public<br />

Expenditure and Reform (DPER) in 2012 to exclude<br />

‘new recipients’ from their entitlement to around 30<br />

garda allowances without recourse to the normal<br />

industrial relations machinery is a priority grievance<br />

for our membership.<br />

1.43 In addition to the Department’s unilateral<br />

classification, a list was unilaterally compiled for<br />

those allowances that would not be paid to gardaí<br />

appointed to the relevant positions thereafter and of<br />

allowances to be prioritised for early elimination.<br />

The GRA sought clarification on a myriad of issues<br />

arising that are a source of priority concern. The<br />

Association had received assurances attached to<br />

the Appendices to the Conciliation Council’s Agreed<br />

<strong>Report</strong> on the Croke Park Agreement that all garda<br />

remuneration was protected for the lifetime of that<br />

agreement.<br />

1.44 A commitment was received from the Chief<br />

Executive of the Labour Relations Commission that<br />

‘pay’ is indeed adjudged to include ‘allowances’. The<br />

withdrawal of allowances for new beneficiaries is<br />

unacceptable to this Association and leads to the<br />

anomalous scenario whereby members working<br />

side by side or in a teamwork scenario are subject<br />

to contrasting pay, terms and conditions.<br />

1.45 This is a priority grievance amongst members of<br />

this Association. To accentuate the grievance, the<br />

recent revision in the tax cum pension treatment of<br />

(some) allowances is unwelcome and warrants a<br />

reversal. Traditionally allowances bearing a tax<br />

liability were pay allowances for the purposes of<br />

pension and it is the firmly held conviction of this<br />

Association that allowances subject to taxation<br />

should be pensionable. The GRA requests that this<br />

Review assess the Department’s categorisation of<br />

allowances, with a view to their re-classification.<br />

The Association is open to progressing the view<br />

expressed by both the relevant Minister and the<br />

Garda Commissioner that several allowances could<br />

be subsumed into basic pay.<br />

1.46 Overtime and unsocial working hours are an integral<br />

feature of working life in An Garda Síochána. If<br />

gardaí were to reject or disobey such a direction<br />

they become subject to the provisions of the An<br />

Garda Síochána (Discipline) Regulations 2007,<br />

under which severe penalties may be imposed. The<br />

Association understands that this is an uncommon<br />

requirement or obligation across either public or<br />

private sector employments.<br />

1.47 Associated with the onerous obligation of<br />

compulsory overtime is the consequential divisor<br />

deployed for the calculation of overtime pay. Usage<br />

of a 1/41th of weekly pay as the fraction deployed<br />

extensively and exclusively for the purposes of<br />

calculating additional (non-basic) payments in An<br />

Garda Síochána is less favourable than that<br />

deployed for other occupations.<br />

1.48 Under the provisions of the Programme for National<br />

Recovery (social partnership agreement in 1987)<br />

arrangements were put in place for the introduction<br />

of a 39-hour week enabling this figure to be<br />

deployed as the divisor nationwide. Various<br />

recommendations from the Labour Court serve to<br />

endorse this basis of calculation. The inequity of<br />

this disadvantageous divisor deployed for overtime<br />

and unsocial working arrangements for gardaí<br />

becomes even more disconcerting when other<br />

public service occupations utilise even lower<br />

divisors for premium payment calculations.<br />

1.49 An independent review of February 2008<br />

recommended that the divisor for GRA members be<br />

brought into line with that deployed for other public<br />

sector employees. To date the government has<br />

failed to implement this recommendation.<br />

1.50 Where members apply voluntarily to work overtime<br />

the payment rate has been reduced (under the<br />

provisions of the Haddington Road Agreement) to<br />

time plus a quarter. From a comparative<br />

perspective, it is also insightful (if not infuriating) to<br />

review the key results of successive IBEC surveys<br />

that confirm many employers pay considerably<br />

more. The disadvantageous position of gardaí in<br />

overtime and divisor payment arrangements<br />

compared with other employee categories also<br />

extends to shift’ premium payments.<br />

1.51 Conditions of employment for the Garda rank are<br />

both extensive and complex; spanning health,<br />

safety and welfare, the revised rostering system,<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

career breaks, pension provisions, incentivised<br />

early retirement. The Association reserves the right<br />

to address this Review on a ‘needs must’ basis for<br />

any initiative or proposal that would further diminish<br />

conditions for the Garda rank.<br />

1.52 The GRA is favourably disposed toward progressive<br />

change initiatives that meet the needs of Garda<br />

management and the public, subject to any such<br />

initiative showing sensitivity to the needs and<br />

aspirations of the Association’s membership.<br />

1.53 The GRA gives full and frank consideration to any<br />

reasonable and rewarding proposals in the area of<br />

annualised hours. An annualised hours system has<br />

been a feature of work for our colleagues in the<br />

prison service. The initiative has been highly<br />

successful in reducing the service’s overtime bill.<br />

However, the demand for garda services is not<br />

always as predictable as those within the prison<br />

system – and as a result it may be unfeasible to<br />

deploy any generic mechanism constructed for an<br />

alternate service.<br />

1.54 The decision of the Council of Europe has yet to be<br />

formally discussed, and all references have put<br />

upon this Review to finalise a working solution<br />

including all workers’ rights to be part of a trade<br />

union and to withhold or withdraw their labour<br />

(strike). Also, full discussion also needs to address<br />

the garda staff associations right to affiliate to other<br />

workers’ groups particularly the Irish Congress of<br />

Trade Unions (ICTU), particularly when garda staff<br />

associations have not been permitted to enter pay<br />

negotiations directly, and have been effectively<br />

removed from the negotiating chamber.<br />

1.55 The role of the WRC (LRC) in brokering the operative<br />

sectoral agreement for An Garda Síochána and their<br />

representative associations is a significant<br />

development in the ‘normalising’ of our industrial<br />

relations structures and processes. It was the first<br />

time that this Association has had access to the<br />

services of the LRC on a collective basis and that in<br />

due course it may be adjudged to constitute an<br />

appropriate exemplar in support of the case for<br />

regular access to the WRC (and the Labour Court).<br />

This Review enjoys the de facto status of a<br />

Commission, the GRA demands that it be more than<br />

an isolated review to deal with anomalies and<br />

inequities.<br />

1.56 The Association brings to the Review’s attention a<br />

range of concerns of the current structures and<br />

mechanism for the resolution of industrial relations<br />

matters in An Garda Síochána (Conciliation &<br />

Arbitration).<br />

1.57 It is consequential that the GRA is precluded from<br />

taking any form of industrial action in support of its<br />

demands, while also excluded from participating in<br />

national level negotiations. Based upon the lessons<br />

learned from the wider industrial relations process<br />

and our British counterparts, together with the<br />

beneficial experiences in this jurisdiction<br />

(associated with the Conroy and Ryan Inquiries),<br />

and the subsequent embittering treatment of gardaí<br />

(and their pay and conditions), the GRA now<br />

proposes that:<br />

1. A Garda Remuneration Review Body (GRRB) is<br />

permanently established to provide independent<br />

binding determinations to government on the<br />

remuneration and terms and conditions of<br />

employment of gardaí. In reaching its<br />

recommendations the review body must have<br />

regard to the following considerations:<br />

• the particular frontline role and nature of the<br />

Garda rank;<br />

• the number of gardaí required to fulfil the<br />

policing function;<br />

• the prohibition on gardaí being members of a<br />

trade union or withdrawing their labour;<br />

• the need to recruit, retain and motivate suitably<br />

able and qualified gardaí;<br />

• the resources available to government and the<br />

representations of Garda Commissioners in<br />

funding issues;<br />

• the government’s economic targets;<br />

• the government’s policies for improving public<br />

services.<br />

2. An agreed independent chairman with<br />

independent secretariat support would lead the<br />

tripartite GRRB.<br />

3. The review body should be required to take<br />

account of the economic and other evidence<br />

submitted by government, staff, independent<br />

experts, staff representatives and others.<br />

4. <strong>Report</strong>s and binding recommendations of the<br />

review body should be submitted to government<br />

and published.<br />

5. The GRRB would be responsible for determining<br />

all aspects of police remuneration including pay,<br />

allowances, hours of duty, leave and pensions.<br />

18 Garda Representative Association


Section 1: Pay and Allowances<br />

6. The GRRB would apply an annual uprating<br />

mechanism to garda pay. This is the only fair and<br />

transparent method by which to determine<br />

police pay awards. Such an uprating mechanism<br />

should link police pay to an agreed index of<br />

employees’ pay in the Republic of Ireland. For<br />

the purpose of minimising the prospect of<br />

ongoing conflict over the matter, any uprating<br />

mechanism should be simple, objective,<br />

transparent, based on timely information and<br />

follow, rather than lead, the market.<br />

7. The GRRB should ensure that the particular<br />

responsibilities of and restrictions on gardaí are<br />

taken into account when determining police pay.<br />

8. The GRRB would take a holistic view of police<br />

remuneration to take a strategic approach to<br />

considering police pay and conditions. It should<br />

be granted adequate flexibility in its work<br />

programme to allow for unexpected issues and<br />

not be constrained by the inefficiencies and time<br />

delays associated with the current system of<br />

Conciliation & Arbitration or the discriminatory<br />

national pay bargaining arrangements.<br />

9. An integral part of the GRRB’s work should entail<br />

a programme of visits to familiarise GRRB<br />

members with the work and conditions of gardaí.<br />

10. To ensure that their ‘voice’ is heard in the<br />

determination of Garda remuneration, provisions<br />

should be made to ensure that the relevant staff<br />

associations are able to make their case to the<br />

GRRB: They should be invited to submit<br />

evidence in both an oral and written format.<br />

11. The GRRB should be empowered to make a<br />

formal binding determination on garda<br />

remuneration, having taken into account the<br />

submissions of interested parties and any other<br />

relevant evidence.<br />

12. The government shall defer to the GRRB before<br />

making regulations or determinations applying<br />

to Garda remuneration or terms and conditions<br />

of employment.<br />

PART TwO: ThE bACKGROuND TO INDuSTRIAl<br />

uNEASE<br />

2.1 The role of Garda demands high levels of discretion<br />

alongside severe restrictions on social and leisure<br />

pursuits; the limitations on opportunities to<br />

supplement income, the scope for the spouse or<br />

partner to avail of income generation opportunities,<br />

the restrictions on home location and on the limited<br />

progression and promotion opportunities available.<br />

Forced to work overtime and unsocial hours<br />

together with being barred from negotiating their<br />

own remuneration and employment conditions.<br />

2.2 This submission provides a summary overview of<br />

the major ongoing change agenda that our members<br />

facilitated throughout the global economic crisis,<br />

despite the increased demands and responsibilities<br />

associated with policing a society in crisis. The<br />

longstanding high level of the all-important trust<br />

factor that gardaí have created in communities<br />

throughout the Republic of Ireland. While<br />

acknowledging the significant work done by the<br />

Garda rank to secure this high level of trust, it is also<br />

crucial that all parties recognise the physical and<br />

psychological pressures to which our members are<br />

subjected; and the damaging morale implications.<br />

2.3 The poor pay performance of the Garda rank in An<br />

Garda Síochána over time; outlining the inequities of<br />

pay under overtime and shift work regulations and<br />

calculations. The recent removal of legitimate Garda<br />

allowances is problematic and created a two-tier<br />

pay structure acerbic to morale and integration.<br />

2.4 This submission sets out our preferences for the<br />

future structures and mechanisms of remuneration<br />

and employment conditions in An Garda Síochána.<br />

These outlined in the wider context of the industrial<br />

relations history of the Force and the experience of<br />

our British counterparts.<br />

2.5 Should this Review warrant supplementary<br />

submissions on any matters arising to the<br />

remuneration and conditions of service of members<br />

of An Garda Síochána (including annualised hours),<br />

or appropriate structures and mechanisms for the<br />

future resolution of pay, industrial relations and<br />

attendant matters, the Association reserves its<br />

right to make a supplementary submission and shall<br />

respond in a progressive and timely manner.<br />

The labour Relations Commission’s Review of An<br />

Garda Síochána<br />

2.6 This submission was requested and subsequently<br />

set down in the ‘An Garda Síochána Sectoral<br />

Agreement 2013-15’. The terms of reference of the<br />

Review state:<br />

Arising from the discussions encompassing a<br />

downward adjustment to the overall expenditure of<br />

the Garda Exchequer Vote, the parties have agreed<br />

to accept the following measures in order to obtain<br />

sufficient cost reductions as an extension to the<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

PSA 2010-2014. The changes to be implemented<br />

include the following items:<br />

• The working time agreement and the pilot roster<br />

will continue until June 2014 in order to facilitate a<br />

review of the roster.<br />

• The current annual leave arrangements will<br />

pertain for the lifetime of this agreement.<br />

Working Hours<br />

All Gardaí, Sergeants and Inspectors will work three<br />

extra days per annum in the calendar years 2013,<br />

2014, and 2015. The resultant hours arising from<br />

these days will be utilised as follows;<br />

• 10 x 1 hours to be worked at the start/end of the<br />

shift duty<br />

• one day will be worked to a maximum 10-hour day<br />

tour (excluding Sundays and Bank Holidays)<br />

• one day’s overtime (x 1.5) which will be taken as<br />

compulsory time-off in lieu.<br />

In addition agreement has been reached to formalise<br />

the element in the pilot roster by using one day’s<br />

leave to facilitate attendance at Court Trials.<br />

Overtime<br />

Voluntary overtime to be worked at a rate of time<br />

and a quarter rather than a rate of time and a half.<br />

Contributions as decided in the context of the<br />

overall savings in relation to increments and related<br />

balancing measures as outlined in the relevant<br />

existing Labour Relations Commission proposals<br />

document and from higher remuneration (€65k<br />

plus) and pension costs will continue to pertain.<br />

The use of short-term career breaks, incentivised<br />

career breaks, unpaid leave and family-friendly<br />

schemes will also be made available.<br />

To build upon the progress already made in the<br />

Public Service Agreement 2010-2014, a Review of<br />

An Garda Síochána will be undertaken. The following<br />

terms of reference will apply.<br />

To review and make recommendations on the use<br />

by the Garda Síochána of the resources available to<br />

it, with the objective of achieving and maintaining<br />

the highest levels of efficiency and effectiveness in<br />

its operation and administration.<br />

The review shall encompass all aspects of the<br />

operation and administration of the Garda Síochána,<br />

including:<br />

• the structure, organisation and staffing of the<br />

Garda Síochána<br />

• the deployment of members and civilian staff to<br />

relevant and appropriate roles<br />

• the remuneration and conditions of service of<br />

members of An Garda Síochána including an<br />

evaluation of annualised hours/shift pay<br />

arrangements<br />

• the appropriate structures and mechanism for the<br />

future resolution of matters relating to pay,<br />

industrial relations and attendant matters.<br />

The review to commence no later than 1st<br />

September 2013 and to conclude no later than 1st<br />

June 2014. The terms of this Agreement will be<br />

lodged at the Labour Relations Commission.<br />

12th May 2013<br />

2.7 Subsequent to a revision of the Review’s timescale,<br />

this submission was drafted and serves to outlines<br />

the basic position of the Garda Representative<br />

Association (GRA) in central issues as specified in<br />

the Review’s terms of reference. Specifically, this<br />

submission addresses the Association’s position in<br />

respect of:<br />

• the remuneration and conditions of service of<br />

members of An Garda Síochána (including<br />

annualised hours/shift pay arrangements)<br />

and<br />

• appropriate structures and mechanism for the<br />

future resolution of matters relating to pay,<br />

industrial relations and attendant matters.<br />

2.8 It would be both impossible and inappropriate to<br />

furnish a comprehensive submission that serves to<br />

address the full range of issues of relevance and<br />

concern to the GRA membership. In the event that<br />

specific issues become the focus of revision under<br />

this Review process, the Association adjudges that<br />

it would be in the ultimate interests of all parties<br />

(and entirely appropriate in the context of<br />

‘partnership’ and ‘joint decision making’ processes)<br />

that it be invited to make supplementary<br />

submissions wherever appropriate. Accordingly, the<br />

GRA reserves the right to make supplementary<br />

submissions under this Review process should<br />

they be so warranted or requested.<br />

20 Garda Representative Association


Section 1: Pay and Allowances<br />

Cost Cutting and Savings Agenda<br />

2.9 The GRA engages in this Review process with a<br />

spirit of optimism. The Association’s membership<br />

has paid a heavy price for the mistakes of others,<br />

the national economy has now emerged from the<br />

clutches of the European Commission/International<br />

Monetary Fund/European Central Bank (Troika) amid<br />

ever-increasing national economic growth<br />

projections. Growth also fuels inflation, which must<br />

be factored into any national agreements on pay.<br />

2.10 The massive contribution of An Garda Síochána to<br />

the economic recovery should not go unnoticed or<br />

without acknowledgement.<br />

2.11 We now look forward to a progressive engagement<br />

with government and Garda management with a<br />

new-found confidence and vigour, putting the era of<br />

pay cuts, pension levies, declining resources and<br />

spiralling work demands behind us. The<br />

membership of the GRA has made a substantial<br />

contribution towards the improved state of the<br />

nation’s finances. Given the national economic<br />

downturn and the uncertainty of the depth and<br />

duration of the post-2007 recession this<br />

Association submitted concrete proposals serving<br />

to secure significant savings for the exchequer in<br />

response to a call for assistance from the<br />

Department of Justice.<br />

2.12 Alongside the imposed cuts, we estimated that had<br />

our proposals been implemented, they would have<br />

given rise to savings in the region of a further<br />

€80million with many components accruing on an<br />

annual ongoing basis. The Department failed to<br />

respond appropriately or to provide any substantive<br />

feedback.<br />

2.13 The GRA takes this opportunity to remind parties<br />

that it made considered submissions in the savings<br />

agenda.<br />

2.14 The new pilot Garda roster has saved some<br />

€35million, according to estimation by the<br />

independent Implementation Body. Notably,<br />

alongside the ongoing deferral of a review of this<br />

initiative, the GRA has shown restraint from formal<br />

complaints on breaches of the European Working<br />

Time Directive’s provisions (which are currently<br />

being overlooked) in the interests of making the new<br />

roster work.<br />

2.15 The provisions of the Haddington Road Agreement<br />

(HRA), under which a crucial concession was made<br />

by gardaí to work an extra three days per annum in<br />

the calendar years 2013, 2014 and 2015. As gardaí<br />

are working a 10-hour day under the new roster<br />

system, this amounts to 30 extra hours per annum<br />

(with 30 hours provided in the latter six months of<br />

2013). The official parties proceeded with this<br />

proposal on the assumption that these hours would<br />

(largely) replace overtime hours. Hence, in financial<br />

terms this should constitute a saving of 45 hours<br />

based on the current overtime premium.<br />

2.16 In manpower resource implications, the 30 extra<br />

hours across 13,000 gardaí would give rise to<br />

390,000 hours per annum saving – or the<br />

equivalent of around 200 extra gardaí. The cost<br />

saving is understood to be estimated at about €15<br />

million per annum from this measure. Notably, the<br />

proposal was recommended for acceptance by the<br />

GRA.<br />

2.17 The overtime premium payment was reduced from<br />

time and a half to time and a quarter for voluntary<br />

overtime. As much of overtime worked in An Garda<br />

Síochána is voluntary (rather than compulsory) this<br />

should constitute a crucial core cost saving.<br />

2.18 Further to the Department of Public Expenditure and<br />

Reform’s evaluation in 2012, 30 legitimate approved<br />

allowances have been denied to new recipients, a<br />

further 10 with an aggregate annual cost of over<br />

€3million were earmarked for early elimination.<br />

2.19 Under the last government’s four-year plan, sworn<br />

garda numbers were to be reduced from 14,500 at<br />

the end of 2010, to 13,500 at the end of 2011, to<br />

13,350 at the end of 2012, to 13,150 at the end of<br />

2013 and to 13,000 by the end of 2014. The<br />

estimates proved overcautious. These figures were<br />

surpassed and continue to decline.<br />

2.20 The reality is that sizeable headcount related<br />

savings – without any undue influence on<br />

productivity – have been facilitated by the<br />

membership of the GRA. The Office of the<br />

Comptroller and Auditor General has verified<br />

significant savings from the civilianisation process;<br />

but this process has the inherent threat of industrial<br />

action within the garda framework.<br />

2.21 Short-term career breaks, incentivised career<br />

breaks, unpaid leave and family-friendly schemes in<br />

An Garda Síochána are being made available to a<br />

greater extent than before. It is understood that<br />

about €0.5 m. in savings is linked to this initiative<br />

though the pension implications are unsatisfactory<br />

to the Association’s membership.<br />

2.22 These savings have now completed a task deemed<br />

necessary at that time; and that time has now<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

passed. These savings were emergency measures<br />

and have had a negative impact on the quantity and<br />

quality of policing. The reduction of garda numbers<br />

from 14,500 in 2010 to the current 12,000 available<br />

frontline officers has reduced the contingency to<br />

police by 5.3million policing hours each year. This is<br />

damaging to the economy and detrimental to the<br />

public.<br />

2.23 The ‘Haddington Road’ hours this year facilitated<br />

fewer hours because of the reduction in garda<br />

numbers, some 360,000 hours. This seriously<br />

cannot replace the number of hours lost by the<br />

reduction of 2,500 gardaí. This is a perilous gamble<br />

with public safety and a disproportionate burden on<br />

our membership.<br />

PART ThREE: uNIQuE NATuRE Of ThE GARDA’S<br />

jOb<br />

3.1 The arbiter of the Review is in a long and honourable<br />

tradition of august authorities that have long<br />

acknowledged the unique status of the police force.<br />

Independent bodies acting on behalf of the state<br />

have long deferred to this ‘unique’ status and role of<br />

the police officer.<br />

3.2 In 1919 the Desborough Committee examined the pay<br />

and conditions of the police force and underlined this<br />

feature. It was also acknowledged by the British<br />

Oaksey Committee (1949), by the British Royal<br />

Commission on police pay (1962), by the Conroy<br />

Commission on the Garda Síochána (in 1970), by the<br />

Sheehy report into (British) police responsibilities<br />

and rewards (1993) and by the Ryan Committee of<br />

Inquiry into Garda pay and conditions (1979).<br />

3.3 The ‘unique’ status is substantiated under a wide<br />

range of headings. This can encompass wideranging<br />

ramifications of such occupational hazards<br />

revealed in the rejection of gardaí from individual<br />

income protection plans of insurance companies;<br />

the health and accident risk associated with the<br />

occupation is considered to be too great for the<br />

underwriters to accept.<br />

3.4 Gardaí are subject to triple jeopardy through the<br />

Garda Discipline Regulations, from the actions of<br />

the Garda Síochána Ombudsman’s Commission<br />

(GSOC) and through the criminal justice system.<br />

3.5 Gardaí are uniquely subject to the most unusual and<br />

onerous of obligations even while off-duty.<br />

3.6 This unique dimension is sharply reflected in that<br />

the Association has been excluded from<br />

negotiations and consultations of the trade union<br />

movement. There is also another range of<br />

substantive features that serve to distinguish<br />

Garda rank members of An Garda Síochána from<br />

their colleagues, other public servants and private<br />

sector workers.<br />

what is a Garda?<br />

3.7 Popular perceptions and common misconceptions<br />

about the role of the garda are frequently framed by<br />

the range of ‘soundbite’ media presentations,<br />

together with the public’s limited exposure to the<br />

rank in the course of daily life. Hence, it is<br />

appropriate that this Review acknowledges the<br />

demands, diversity and complexity associated with<br />

the unique job of the serving garda.<br />

3.8 The Garda Síochána Act (2005, section 7) provides<br />

that the function of the Garda Síochána is to provide<br />

policing and security services for the State with the<br />

objectives of:<br />

• preserving peace and public order<br />

• protecting life and property<br />

• vindicating the human rights of each individual<br />

• protecting the security of the State<br />

• preventing crime<br />

• bringing criminals to justice, including by<br />

detecting and investigating crime<br />

• regulating and controlling road traffic and<br />

improving road safety<br />

3.9 Section 16 of the same enactment provides that on<br />

appointment each member of the Garda Síochána<br />

must make a declaration before a Peace<br />

Commissioner as follows:<br />

I hereby solemnly and sincerely declare before God<br />

that:<br />

I will faithfully discharge the duties of a member of<br />

the Garda Síochána with fairness, integrity, regard<br />

for human rights, diligence and impartiality,<br />

upholding the Constitution and the laws and<br />

according equal respect to all people.<br />

While I continue to be a member, I will to the best of<br />

my skill and knowledge discharge all my duties<br />

according to law, and I do not belong to, and will not<br />

while I remain a member, belong to or subscribe to,<br />

any political party or secret society whatsoever.<br />

22 Garda Representative Association


Section 1: Pay and Allowances<br />

3.10 In effect, arising from these statutory obligations<br />

and the reality of day-to-day policing, gardaí serve<br />

as:<br />

• guardians of the peace of Ireland with a duty to<br />

enforce a wide range of laws and to maintain<br />

order,<br />

• the interface between the law and order of the<br />

State and the general public,<br />

• the most visible public face of the authority of the<br />

State for most of its citizens.<br />

3.11 In practice, the daily work of gardaí is extremely<br />

wide ranging and (though not limited to) can<br />

embrace the following:<br />

• protection of life, property and the civil rights of<br />

individuals<br />

• prevention, detection, and investigation of<br />

violations of laws involving accidents, crimes, and<br />

misconduct<br />

• identification and arrest of suspects<br />

• advising persons under arrest of their rights<br />

• assisting in the prosecution of criminals<br />

• assisting persons in emergencies<br />

• being obliged to exhibit personal courage in<br />

potentially dangerous situations<br />

• serving to address the increasingly international<br />

dimension of policing work (for example, through<br />

developments at Interpol, Schengen, the internet,<br />

immigration, paedophilia, globalised criminal<br />

networks).<br />

3.12 The calibre of the work of the gardaí impinges upon<br />

their status within, and trust among, the community.<br />

It also permeates the level of acceptance of law<br />

enforcement by citizens, the extent of crime<br />

prevention and detection and the degree to which<br />

citizens are prepared to cooperate with the gardaí.<br />

They also provide an example to the community in<br />

their conformance with the law, afford the public a<br />

sense of personal security and that their rights and<br />

property are safeguarded.<br />

3.13 A uniformed garda on roster duty carries out<br />

fundamental tasks on a recurring basis. These may<br />

include though are not limited to:<br />

• patrols on foot, cars, motor-bikes and bicycles,<br />

which by the physical presence of gardaí help<br />

crime prevention and act as a deterrent to the<br />

infringement of laws, rules and regulations, whilst<br />

affording the public the all-important sense of<br />

security in their day-to-day activities<br />

• maintaining surveillance in high crime areas or of<br />

individuals suspected of criminal behaviour<br />

• being at all times alert and aware so as to observe<br />

unusual or suspicious behaviour<br />

• responding and reacting appropriately to<br />

requests from the public<br />

• inspecting and investigating incidents and<br />

disturbances, circumstances or individuals that<br />

are reported or appear unusual and suspicious<br />

• investigating crimes and law breakers<br />

• preserving crime and accident scenes<br />

• protecting evidence<br />

• searching and disarming suspects or persons<br />

being placed under arrest<br />

• interviewing victims and witnesses and<br />

questioning suspects and taking statements<br />

• keeping notes of all scenarios wherein action was<br />

taken, preparing reports on relevant or priority<br />

activities, appearing in court as witnesses in<br />

criminal prosecution and civil litigation cases<br />

• taking responsibility for traffic control and the<br />

monitoring and enforcement of traffic law offences<br />

• juvenile liaison<br />

• community relations, entailing the forging of links<br />

between gardaí and the community<br />

• developing open, friendly and potentially<br />

productive relationships with the public<br />

• operating control centres, work desks and<br />

communication networks<br />

• receiving and recording radio, telephone and<br />

personal messages and instructions associated<br />

with emergencies, complaints, violations, accidents<br />

and requests for information and assistance<br />

• crowd and riot control<br />

• analysing, evaluating, prioritising and acting on<br />

information received<br />

• seeking and executing search warrants<br />

• executing warrants for arrest<br />

• transporting prisoners<br />

• protecting delivery and collection of cash<br />

• verifying and certifying identification of<br />

individuals<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

• informing family relations of deaths, accidents,<br />

crimes and arrests<br />

• counselling crime and accident victims and their<br />

families<br />

• monitoring compliance with bail conditions<br />

• delivery of formal and professional presentations<br />

to community and voluntary groups and at<br />

schools<br />

• presenting evidence in court<br />

• operating information technology systems and<br />

ongoing new technology developments<br />

3.14 Arising from this sample of duties\activities, to<br />

ensure the requisite level of professional service,<br />

gardaí must:<br />

• have a sound knowledge of modern police<br />

practices and methods<br />

• learn and memorise a variety of laws, as well as<br />

internal garda codes, policies and procedures.<br />

• have a detailed knowledge of the wide range of<br />

laws under which charges may be brought and<br />

arrests may be made, searches carried out and<br />

materials seized<br />

• know and observe the rights of citizens and of<br />

suspects<br />

• know the limits on the use of force and what<br />

degree or level thereof is reasonable in the wide<br />

variety of circumstances arising from day-to-day<br />

• have discretion, tact and acumen when<br />

persuading individuals or groups to comply with<br />

their directions<br />

• be able to respond and operate in an objective,<br />

rational and balanced way, regardless of<br />

circumstances or unexpected events, in any and<br />

all situations that may arise whilst on duty<br />

• evaluate situations instantaneously, based upon<br />

a combination of their training, knowledge and<br />

experience, when determining if a crime has been<br />

or is about to be committed<br />

• evaluate situations to ensure an appropriate<br />

response<br />

• anticipate and address client exposure to<br />

substantial hazards or dangers in emergency<br />

situations<br />

• work unsocial hours across a variety of shifts<br />

• work in all weather conditions in an<br />

uncomfortable social environment<br />

• deal with people who are intoxicated, addicted to<br />

drugs or mentally unstable<br />

• anticipate respectful treatment from the majority<br />

of clients but hostility from an increasingly violent<br />

minority<br />

• be tolerant toward all types of people, display<br />

good judgement and an ability to face challenges,<br />

while using discretion and good communication<br />

skills when taking action<br />

3.15 It should not be overlooked that a garda is obliged to<br />

act on or off duty when seeing an offence, an<br />

assault or a felony being committed. They are also<br />

required to be responsible and accountable for<br />

carrying out duties when not officially on duty. This<br />

commitment to duty is a rare obligation in the world<br />

of work.<br />

3.16 It is also evident that a major difference between a<br />

garda and other occupations is the extensive span<br />

of knowledge required, the discretion and<br />

judgement necessitated in varying circumstances,<br />

the potentially fatal dangers faced and the fact that<br />

a garda is frequently obliged to work on<br />

assignments over protracted periods.<br />

3.17 For example, the timetable or schedule associated<br />

with surveillance, investigation, apprehension and<br />

the charging of suspects, the processing of<br />

documentation and the giving of evidence in court<br />

(under scrutiny) can take many years. A garda must:<br />

• have high educational and moral standards<br />

• have integrity and good character<br />

• be of good family background<br />

• have a good personal history, reputation and<br />

status in the community<br />

• meet the required physical standards<br />

• have patience and adaptability<br />

• have good social abilities (e.g. conversational,<br />

cool headed, sociable)<br />

• have good judgement, initiative, discretion and a<br />

sense of responsibility<br />

• have an analytical approach to problem-solving<br />

• be good at written work<br />

• be courageous and self-confident<br />

• be able to learn from experience<br />

24 Garda Representative Association


Section 1: Pay and Allowances<br />

The ‘unique’ Characteristic in Perspective<br />

3.18 Regardless of the function of an individual member<br />

of the force, it has been established that the role of<br />

the police officer is unique within our society. The<br />

Desborough Committee (1919) concluded:<br />

“...a policeman has responsibilities and obligations<br />

which are peculiar to his calling and distinguish him<br />

from other public servants and municipal employees<br />

and we consider the police entitled thereby to<br />

special consideration in regard to their rate of pay<br />

and pensions...the burden of individual discretion<br />

and responsibility placed upon a constable is much<br />

greater than that of any other public servant of<br />

subordinate rank.”<br />

3.19 Thirty years later the British Oaksey Committee<br />

(1949) endorsed this judgement. It was also<br />

subsequently upheld by a British Royal Commission<br />

(1962). This Commission concluded that the police<br />

officer is:<br />

“...answerable to his superiors for any disciplinary<br />

lapse and to the courts for any misuse or abuse of<br />

authority. Thus either when acting alone, on his own<br />

initiative or when acting under orders, he is himself<br />

answerable for any error of judgement<br />

...vigilant both to use his authority adequately and<br />

instantly as occasion demands, and at the same<br />

time never to exceed it. We are satisfied that this<br />

individual responsibility is more onerous than any<br />

delegated to, or assumed by, a member of any<br />

comparable profession or occupation.<br />

Responsibility of this kind, to be properly and<br />

reasonably exercised, demands high moral<br />

standards and a nice exercise of judgement.”<br />

3.20 In a subsequent publication, from the Harvard<br />

University Press (1968) Professor Wilson made the<br />

striking, though accurate, observation that the<br />

police force has the “special property that within it,<br />

discretion increases as you move down the<br />

hierarchy”.<br />

3.21 By 1970 the Conroy Commission had broadened the<br />

perspective on the unique nature of the job,<br />

describing it as:<br />

“…a way of life... a vocation. A policeman’s duty has<br />

first claim on his time. His wife, family and social<br />

relationships take second place...Without any, or<br />

any adequate, prior notice he may be called on to<br />

serve long hours of duty or he may be liable to have<br />

his leave stopped owing to an emergency. He is<br />

exposed to the risk of assault and of personal injury<br />

in the performance of his duty...Liability to transfer<br />

is a feature of a policeman’s life...On transfer, his<br />

children have to change schools with a possible<br />

detrimental effect on their education. His wife and<br />

family lose their circle of friends and have to start<br />

afresh in a new environment.”<br />

3.22 When the Ryan Committee of Inquiry reported (1979)<br />

it also addressed (in considerable detail) this<br />

‘unique’ character of the job:<br />

“We accept the uniqueness of the Garda function. It<br />

was recognised by the Conroy Commission and<br />

taken into account in its recommendations. Special<br />

qualities are needed to make a good policeman and<br />

the conditions of employment have many special<br />

features, which are not found in outside<br />

employment.<br />

“The Garda must have certain physical attributes.<br />

He must have attained a level of education that will<br />

enable him to undertake a job in which intellectual<br />

as well as physical skills are required. In the course<br />

of his duties he will be called upon to familiarise<br />

himself with a large and complex body of law and<br />

must be able to apply it to different situations.<br />

“Temperamentally, if he is to make a good<br />

policeman, he must be able to combine a firm<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

resolve with self-control, often in conditions in<br />

which provocation and violence prevail. He needs to<br />

have qualities of toughness, tact and humanity. He<br />

must be prepared to undertake long and arduous<br />

hours of work, often at periods which most of the<br />

community set aside for recreation and leisure.<br />

“He must on occasions face danger – even mortal<br />

danger – and in recent years has often been called<br />

on to do so. At other times and in other<br />

circumstances his work may be exceptionally<br />

monotonous and tedious. A real sense of dedication<br />

is needed to ensure for the community a police<br />

force that will serve it well.”<br />

3.23 The subsequent British Inquiry into ‘Police<br />

Responsibilities and Rewards’ (Sheehy <strong>Report</strong>)<br />

reached the conclusion that “policing is a<br />

profession”. The practical consequence of this<br />

classification was that “comparison with manual<br />

or…shop floor workers” was adjudged to be<br />

“entirely inappropriate for pay or other purposes”.<br />

This Inquiry’s in-depth research also obliged it to<br />

acknowledge that many features of the job are<br />

particular to policing and necessitate special<br />

qualities and skills. It listed a sample of these<br />

special features as follows:<br />

• the extraordinary nature of police powers,<br />

principally the police monopoly on the use of<br />

legitimate force<br />

• the fact that these powers are most commonly<br />

exercised by officers of the most junior ranks<br />

• the degree of individual discretion which the law<br />

vests in every officer irrespective of rank or<br />

length of service<br />

• the acute demands which face officers when, for<br />

example, they take operational command in public<br />

order incidents and emergencies<br />

• the sensitive, quite often dangerous and<br />

sometimes explosive situations over which the<br />

police are expected to exercise control, often at<br />

considerable risk to themselves<br />

• the exceptionally high level of integrity required<br />

by the very nature of policing<br />

3.24 Hardly surprisingly the Inquiry confirmed, like many<br />

authoritative sources before it, that these features<br />

apply only to the job of the police officer.<br />

Subsequently the United States-based independent<br />

research organisation the Police Executive<br />

Research Forum (1998) broadened this perspective<br />

appropriately reminding policy makers and<br />

practitioners that:<br />

“… as the academic community explain, from its<br />

inception, research on the everyday activities of<br />

police officers, especially the patrol officers, has<br />

stressed the special difficulties facing attempts to<br />

define, assess and regulate police work. They<br />

include the diffuse functions the police are called<br />

upon to perform, the high discretion inevitably<br />

afforded the street level operatives, the low visibility<br />

of decisions to organisational supervisors, the<br />

unpredictable danger encountered that militates<br />

against after-the-event second-guessing of splitsecond<br />

choices, and the inherently conflict-ridden<br />

character of most police interventions making a<br />

consensus on the ‘right’ outcome or manner of<br />

handling any interaction a matter of perspective.<br />

“These findings have been repeated in research in<br />

Britain, North America and elsewhere, suggesting it<br />

is not a parochial and contingent phenomenon but<br />

bound up with the exigencies of policed<br />

contemporary urban societies.”<br />

Discretion and the Garda Rank<br />

3.25 The use of discretion is an essential part of the<br />

police officer’s job. A number of aspects of their<br />

work necessitates this. They seldom directly<br />

witness the events that they are called upon to<br />

respond to and rely on witnesses who, in<br />

circumstances either of shock or self-interest, may<br />

be perceived to be unreliable.<br />

3.26 Another aspect of the job that accentuates this<br />

discretionary responsibility is the difficulty with the<br />

direct supervision of their work. Much of what the<br />

police do is ‘invisible’ to their supervising or superior<br />

officers. They must frequently make on-the-spot<br />

decisions about the use of the law and their powers.<br />

The job is beset with a fundamental paradox in this<br />

regard, as the status of the Garda rank is inversely<br />

proportional to their responsibilities. The Garda rank<br />

exercises most of the discretionary authority that<br />

the police force possesses, often working alone and<br />

under pressure to make decisions hastily, which<br />

may be subsequently reviewed in hindsight by<br />

management, the judiciary and the media.<br />

3.27 This inverse relationship between the power and<br />

status of a police officer within the organisation also<br />

applies to the status of policing generally within the<br />

criminal justice system. Gardaí have lower status<br />

than prosecutors, who in turn have less standing<br />

than judges. Yet the decisions police make often<br />

determine criminal justice outcomes to a far greater<br />

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Section 1: Pay and Allowances<br />

degree than those made by prosecutors or judges.<br />

Gardaí frequently have to decide whether the<br />

system will be invoked in the first instance and the<br />

likely outcome. This paradox puts the criminal<br />

justice system standing on its head, as those with<br />

the greatest responsibility are subjected to the<br />

lowest pay and social status.<br />

3.28 The point was also made in the National Economic<br />

and Social Council’s (1984) assessment, when<br />

focusing upon the discretionary feature of the<br />

garda’s work. A practical and beneficial<br />

consequence is that a large proportion of those<br />

arrested by the gardaí are not prosecuted. This<br />

discretionary power is not just an integral part of the<br />

job; it is essential.<br />

3.29 The literal enforcement of the law would lead to<br />

massive workloads in the courts, and the intense<br />

enforcement of the plethora of regulations would<br />

give rise to considerable public hostility. The<br />

intelligent use of discretion serves to diffuse and<br />

disarm situations that would otherwise be<br />

threatening and in effect it contributes directly to<br />

the relatively high standing of An Garda Síochána<br />

within the community. As the National Institute of<br />

Justice at the American Department of Justice<br />

concluded (1997), the role of the police in a<br />

democratic society is best understood in the<br />

context that:<br />

“Of all governmental operations, the police function<br />

is the most intimate – the daily, varied encounters<br />

between police officers and individuals, ranging from<br />

routine to traumatic, represent the most visible and<br />

powerful interaction between the government and<br />

the public. If the police perform their role effectively,<br />

society benefits immeasurably; if the police perform<br />

their job poorly, the damage to police confidence and<br />

democratic principles can be irreparable.”<br />

Increased Demands and Responsibilities<br />

3.30 An Garda Síochána is a complex organisation. It<br />

encompasses an extensive range of functions,<br />

wherein individual gardaí can be assigned to a wide<br />

variety of roles. These span from out-of-hours social<br />

care to counterterrorism; and all that lies between.<br />

3.31 It is this reality that led the Garda Training<br />

Committee to conclude; “the Garda Síochána has<br />

become a very complex, highly specialised and<br />

centralised institution”.<br />

3.32 To compound the increased complexity and<br />

associated specialist diversity, An Garda Síochána<br />

is also grappling to cope with an accelerating rate of<br />

change in society; not always successfully.<br />

3.33 Ireland’s rapid transition from an agricultural to<br />

manufacturing to service-based economy brought<br />

all of the implications this revolution has had for<br />

urbanisation, legislation, technology, immigration<br />

and the character of criminal activity. Relatively<br />

recently Ireland has been subject to the array of<br />

problems that have long-characterised other<br />

western industrialised democracies.<br />

3.34 There is a higher crime rate than existed in a<br />

traditionally rural society, decreasing respect for<br />

law and authority and a general weakening of the<br />

social bonds and consensus that provided stability.<br />

Since its foundation in 1922, An Garda Síochána has<br />

policed with the consent of the public. The<br />

relevance of the principle of ‘policing by consent’,<br />

becomes most evident in its absence.<br />

3.35 The problem now facing gardaí is that, in the past,<br />

communal forces nurtured a shared set of values.<br />

However, these forces have declined in influence<br />

and no longer apply in the way that they did when<br />

the force was established. Public support for An<br />

Garda Síochána remains relatively high. The<br />

operational impact of change is that the Force must<br />

now rely more on professionalism, adaptability and<br />

the commitment of its members. The reality is that<br />

recent changes in our environment leave the gardaí<br />

grappling to respond appropriately to the:<br />

• threat posed by terrorism, organised and armed<br />

criminal activity and related illegal product trades<br />

• growth of tension and conflict within Irish society,<br />

accompanied by a readier recourse to a<br />

significantly higher level of physical violence<br />

• increased complexity in and professionalism and<br />

expertise required on the job, due to rising<br />

educational standards and technological<br />

advances<br />

• increased pluralism of society and cultural<br />

diversity<br />

• persistent long-term unemployment, giving rise to<br />

large disaffected communities<br />

• higher legal standards in a society whose<br />

awareness of the rights of the individual has<br />

become a priority<br />

• greater number of often complex enforceable<br />

laws<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

• wider media attention and exposure of police<br />

activities<br />

• decline in informal social control and the<br />

movement toward greater urbanisation, resulting<br />

in more disadvantaged enclaves in the cities and<br />

larger urban areas – with decreased respect for<br />

and support of authority sources<br />

• the consequent rural depopulation with more<br />

vulnerable elderly people living alone in the<br />

countryside.<br />

3.36 Alongside a significant escalation in crime levels in<br />

recent decades, gardaí now have to contend with<br />

more professional criminals (many of whom are<br />

armed and violent) and pressure from politicians,<br />

the media and the general public (both for results<br />

and greater accountability) on the other. From<br />

‘contract killings’ to ‘xenophobia’ with drugs,<br />

paedophilia, human trafficking, internet crime,<br />

corporate crime, fraud, international criminal<br />

networks, it is readily apparent that the gardaí face<br />

a major ongoing challenge in the maintenance of law<br />

and order.<br />

3.37 There has also been a rapid growth in the number of<br />

enactments and regulations many of a complex<br />

nature, which gardaí have to keep abreast of and are<br />

obliged to enforce. Many new laws are far-reaching<br />

in their effect on the workload of gardaí. Initiatives<br />

often link the exchange of information between<br />

gardaí, the Revenue Commissioners and the<br />

Department of Social Protection, traffic offences,<br />

criminal asset containment and family law.<br />

3.38 The practical consequence of such extensive<br />

change is that gardaí now require competences<br />

across effective communication, decision-making,<br />

problem-solving, dealing with change, negotiation,<br />

delegation, planning, stress management,<br />

teamwork, interpersonal skills, giving and receiving<br />

constructive feedback, cooperating to achieve team<br />

goals, a capacity for human empathy, cultural<br />

sensitivity, intuition, judgement and adaptability<br />

across practical and consequential scenarios.<br />

3.39 It is not surprising that the evidence confirms that<br />

police work is highly stressful. Occupational<br />

psychologists concur that policing is ‘emotionally<br />

dangerous’ and a relatively ‘high-risk’ job. As<br />

extensive longitudinal research at the University of<br />

Buffalo (2008) concluded:<br />

“Policing is dangerous work, and the danger lurks<br />

not on the streets alone. The pressures of law<br />

enforcement put officers at risk for high blood<br />

pressure, insomnia, increased levels of destructive<br />

stress hormones, heart problems, post-traumatic<br />

stress disorder and suicide, researchers have found<br />

through a decade of studies of police officers.”<br />

3.40 The practical impact of increasing demands and<br />

responsibilities on stress levels in An Garda<br />

Síochána was confirmed at University College Cork,<br />

which found that 32 percent of gardaí are<br />

experiencing above average levels of stress, whilst<br />

one-fifth suffer from ‘severe’ levels of stress. This<br />

study concludes that there needs to be an<br />

acknowledgement (by both the Force and the<br />

public) that policing in Ireland is a stressful<br />

occupation.<br />

Restrictions to Social, leisure and Income<br />

3.41 The financial predicament of many gardaí may now<br />

be precarious. Mortgage and other financial<br />

commitments were entered into prior to the<br />

imposition of pay cuts, levies and social charges.<br />

Many members cannot effectively honour these<br />

obligations. As a result this leaves them (uniquely<br />

across the complete range of public sector workers)<br />

open to disciplinary action for falling into debt. That<br />

is, it is particularly disconcerting to note that the<br />

Garda Síochána Code, arising from the Garda<br />

Síochána (Discipline) Regulations 1989, “complaints<br />

of debts due by members shall be investigated with<br />

a view to ascertaining the elements of a breach of<br />

discipline”. This places a stressful, consequential<br />

and inappropriate burden on the Association’s<br />

members.<br />

3.42 Furthermore, the ‘unique’ status of the garda arises<br />

from restrictions on their social and leisure pursuits.<br />

Successive studies confirm that police officers<br />

primarily socialise with other police officers. This is<br />

undoubtedly largely attributable to attitudes in the<br />

community and a reserve toward the police,<br />

together with risks associated with the prospect of<br />

taking action at some stage against those who<br />

might otherwise be befriended in the social arena.<br />

3.43 The families of gardaí cannot always depend on the<br />

garda who is rostered on a 7 day 24 hour shift<br />

system being available to participate in social<br />

activities, school functions, parents’ meetings,<br />

sports activities or evening classes. These<br />

shortcomings constitute necessary but unwelcome<br />

intrusions on the quality of the garda’s life.<br />

However, this contextual reality is further<br />

aggravated by the Garda Síochána Code (Chapter<br />

10.24) wherein a range of prohibited ‘spare time<br />

activities’ (which restrict the scope of serving<br />

members to offset their indebtedness) are listed.<br />

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Section 1: Pay and Allowances<br />

The ‘spare time’ activities explicitly prohibited<br />

include:<br />

• Holding, or being a director of a company, which<br />

holds a licence for the sale of intoxicating liquor<br />

• Holding a licence for public dancing<br />

• Holding a bookmaker’s licence<br />

• Holding any licence or permit that is issued by the<br />

Circuit or District Court or the Revenue<br />

Commissioners or An Garda Síochána involving<br />

gain to the holder<br />

• Managing or conducting or assisting in the<br />

management or conducting, on an ongoing basis,<br />

of a concern or premises which is required by law<br />

to be operated under a licence, permit or<br />

certificate, the grant of which may be opposed by<br />

An Garda Síochána, save for the bona fide<br />

involvement by any member of An Garda Síochána<br />

in the managing or conducting or assisting in the<br />

management or conducting of any registered club<br />

within the meaning of the Regulation of Clubs<br />

(Ireland) Act, 1904 as amended<br />

• Engaging personally in any part-time employment,<br />

such as that of security officer or private<br />

investigator, in the course of which there is a<br />

likelihood that the member’s office as a member<br />

of the Service or Garda powers may be called<br />

upon<br />

• Acting as agent or enumerator for a government<br />

department or semi-state body collecting<br />

statistics or carrying out a survey except with the<br />

authority of the Commissioner<br />

• Engaging in the delivery of goods to customers of<br />

shops, supermarkets or other business premises<br />

except with the permission of the member’s<br />

Divisional Officer.<br />

• Engaging in business as driving instructors or tutors<br />

• Driving school buses<br />

• Acting as directors or secretaries of security<br />

firms, or being concerned in any way in security<br />

work, as a spare-time activity<br />

• Being members of a band (other than the band of<br />

An Garda Síochána) consisting of either members<br />

of An Garda Síochána or members of An Garda<br />

Síochána and others, advertising or purporting to<br />

represent the band as a Garda band, group or<br />

other such title which could imply that the band<br />

was the band of An Garda Síochána performing<br />

under the directions of the Commissioner<br />

• Serving summonses either as a spare time<br />

activity or otherwise than in accordance with Rule<br />

46.1 of the District Court Rules<br />

• Selling insurance, or acting as agents or<br />

representatives of insurance or assurance<br />

companies, or other activity in connection with<br />

the insurance business, other than activity in the<br />

conduct of a member’s private affairs<br />

• Engaging in, acting or being employed as<br />

transport managers as defined in Regulation 2(1)<br />

of the European Communities (Merchandise Road<br />

Transport) Regulations, 1991.<br />

3.44 While many of the prohibited ‘spare time’ activities<br />

are listed, there is also an overarching restriction,<br />

whereby the Garda Commissioner can prevent<br />

members of An Garda Síochána from engaging in<br />

other spare time activities if such activities are:<br />

• likely to interfere with proper discharge of duties<br />

• likely to give rise to reasonable apprehension<br />

among members of the public in relation to<br />

impartiality in the discharge of duties<br />

• for good and stated reasons inappropriate for<br />

members of the Service to engage in<br />

3.45 In contrast with the types of restrictions applied to<br />

other public servants and police forces across<br />

Europe, the extent of restricted activity gardaí are<br />

subject to is considerable. For example, having<br />

investigated this subject of ‘restrictions’ on ‘spare<br />

time’ activities, the Standing Committee of Police in<br />

Europe concluded that:<br />

“It was evident that few restrictions were placed on<br />

the private lives of officers, other than the general<br />

rule not to bring the Service into disrepute. The<br />

ability to take part in politics was widespread and in<br />

two countries, policemen had become Members of<br />

Parliament. Involvement in other employment was<br />

commonplace.”<br />

Restrictions to Supplement Income<br />

3.46 A significant constraint on gardaí to offset the impact<br />

of the recession is that they are obliged to refrain<br />

from any activity that is likely to interfere (or give the<br />

impression of interfering) with the impartial discharge<br />

of their duties. This has particular relevance to the<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

development of business interests. A garda may well<br />

be deemed to have such an interest if they hold any<br />

other employment or engages in any business. This<br />

is yet another hugely consequential feature of the<br />

garda’s ‘unique’ status. Whilst practically all other<br />

public servants can avail of spare or part-time jobs,<br />

members of An Garda Síochána are prohibited from<br />

engaging in many such arrangements (e.g. security<br />

work). Many other professions can take up work as a<br />

taxi driver, and this was a common pursuit during the<br />

economic crisis, but such a flexible opportunity is<br />

denied to serving gardaí.<br />

3.47 This consequential ‘spare time’ prohibition extends<br />

to refraining from any activity that is likely to<br />

interfere (or give the impression of interfering) with<br />

the impartial discharge of a garda’s duties. A garda<br />

may well be deemed to have such an interest if a<br />

shop or similar business is carried on by a spouse<br />

at any premises within their area of jurisdiction, or<br />

by any member of the family at the premises at<br />

which the officer resides, or if the officer, their<br />

spouse or any member of the family living with them<br />

holds, or has a financial interest in a license or<br />

permit granted under the laws relating to liquor<br />

licensing, a refreshment house, or a betting, gaming<br />

or regulating place of entertainment within their<br />

area of supervision. Yet again, no other public<br />

servant is subject to such a constraint.<br />

3.48 Gardaí are not permitted to serve at any station<br />

within 32 kilometres of any place where:<br />

• the member or the member’s spouse or partner<br />

has relatives permanently residing<br />

• the member’s spouse or partner, or other family<br />

members, or relatives, engage(s) in any business<br />

requiring a license or certificate; or<br />

• where the member’s spouse or partner or other<br />

family member is the proprietor of any business<br />

that is conducted from a shop.<br />

3.49 Unlike other public servants, gardaí are severely<br />

restricted in their scope for offsetting the impact of<br />

the various cutbacks – not alone via restrictions on<br />

their spare time activities and the compulsory<br />

overtime commitment – but due to the prohibition on<br />

their partner’s or family’s freedom to engage in<br />

business activities in the serving officer’s locality.<br />

3.50 Should such opportunities arise and be availed of,<br />

the serving member of An Garda Síochána may find<br />

themself transferred out of that area incurring<br />

additional costs of residence, subsistence and<br />

transport. This provision serves to place members<br />

of the Force and their families at a significant<br />

disadvantage compared with other public sector<br />

employees.<br />

Restrictions to home location<br />

3.51 Any garda with less that five years’ service cannot<br />

serve within 80kms of their place of residence;<br />

those with more than five years’ service have a<br />

restriction of 50kms. Uniquely, a garda is obliged by<br />

regulation to accept a transfer, whether temporary<br />

or permanent, to any centre or location as directed<br />

by the Garda Commissioner. Transfers can cause<br />

major disruption in the lives of a garda and their<br />

family, and can be hugely upsetting and stressful.<br />

3.52 Transfers may also be deployed as a form of<br />

discipline or punishment and there is a well-founded<br />

and independently substantiated judgement that<br />

some transfers are unfair, unreasonable, uncaring,<br />

unnecessary or malicious. Few employments have<br />

such a major drawback attached.<br />

Restrictions to Progression and Promotion<br />

3.53 Unlike most other public and private sector<br />

occupations, the promotion prospects for a Garda<br />

are poor. The organisational structure of An Garda<br />

Síochána is such that some 80% of members of the<br />

force hold the rank of Garda, whilst 96% hold the<br />

ranks of Garda or Sergeant; only 4% of members<br />

hold a rank above that.<br />

3.54 In most occupations in the public and private<br />

sectors, significantly greater proportions of staff<br />

commencing employment can expect promotion.<br />

However, four out of five serving gardaí have no<br />

prospect of promotion and will retire at the rank of<br />

Garda. The scarcity of promotion opportunities in An<br />

Garda Síochána has to be addressed, as it has a<br />

negative impact on incentivisation. Nowhere is this<br />

more obvious than on regular policing units – and<br />

many members hope to attain differentiation within<br />

rank by transfer to a specialist unit or allocated<br />

position. There is a considerable case for the<br />

construct or re-design of the Garda’s pay scales<br />

within the rank to incentivise those gardaí to retain<br />

their frontline first-responder experience and local<br />

knowledge; perhaps payable as an increment or<br />

allowance at 20 and 25 years of service.<br />

Excluded from Negotiating Remuneration And<br />

Employment Conditions<br />

3.55 The Gardaí Representative Association has long<br />

been precluded from participating in crucial national<br />

level negotiations on pay, conditions of employment<br />

30 Garda Representative Association


Section 1: Pay and Allowances<br />

and our members’ economic and social<br />

development. This discriminatory exclusion<br />

prevailed over the 1971-82 National Wage<br />

Agreement and again over the 1987-2007 Social<br />

Partnership era and has persisted. It constitutes<br />

one of the root causes of deep-seated frustration<br />

and anger among our members.<br />

Involuntary Overtime and unsocial hours<br />

3.56 There is an obligation on the Association’s members<br />

to discharge their duties on the basis of overtime<br />

arrangements on pain of penalty on the direction of<br />

either a superior officer or other external source<br />

(e.g. the judiciary). In effect gardaí have been<br />

traditionally subject, obliged or directed to work an<br />

inordinate amount of overtime and unsocial hours.<br />

Members cannot refuse to respond to such<br />

directives.<br />

3.57 This gives rise to an inappropriate and inequitable<br />

imposition of the pension levy payment for the<br />

Garda rank. The catchall application fails to take the<br />

compulsory component into account; in stark<br />

contrast with the majority of other employments<br />

where overtime is optional. Furthermore, unlike<br />

employment or work arrangements affecting the<br />

national workforce, members of An Garda Síochána<br />

are obliged to work unsocial hours.<br />

3.58 While some other employments entail an element of<br />

unsocial hours working, every effort is made to<br />

minimise the extent e.g. in the Prison Service by<br />

releasing some prisoners at Christmas, in the health<br />

sector discharging patients at Christmas. In<br />

contrast, Christmas Day is becoming particularly<br />

busy for gardaí, with many citizens utilising the<br />

Force as one of the few agencies available to them<br />

for general assistance; not always directly<br />

associated with policing.<br />

PART fOuR: INDuSTRIAl STRIfE<br />

4.1 In the lead up to the signing of the Haddington Road<br />

Agreement the GRA expressed concern that<br />

individual members did not put themselves beyond<br />

the law. Actions were taken by individual gardaí,<br />

starting with the withdrawal of the voluntary use of<br />

personal equipment, followed by a refusal to<br />

volunteer for overtime and subsequently via the<br />

treatment of motor tax offences. However, the staff<br />

associations prudently avoided directing or<br />

encouraging members to engage in such actions,<br />

though the pressure thereon was overwhelming.<br />

4.2 This Association, despite being sidelined from key<br />

and consequential decision making processes has<br />

always been mindful of the potential damage<br />

associated with industrial action to the public<br />

standing of the force. That noted, there are<br />

occasions when the Association cannot contain the<br />

members’ anger and some limited forms of<br />

industrial action have been necessitated (the ‘Blue<br />

Flu’ in 1998, the PULSE boycott in 1999).<br />

4.3 The anger that prompted these actions has<br />

resurfaced sporadically in the Association’s<br />

membership and is detrimental to the morale of the<br />

Force; so important in police and the military as a<br />

unifying energy to create the pride, enthusiasm and<br />

vigour are key factors in motivation and productivity.<br />

There is no efficient definition or measurement for<br />

morale and it is only measurable in its absence.<br />

4.4 The status and the morale of the Garda rank are at<br />

‘an all-time low’. Whenever politicians refute this,<br />

they do so without tangible evidence. For a Force<br />

the size of An Garda Síochána a sample size of<br />

1,000 would be required in any survey to give a<br />

robust indicator; something that no government has<br />

been prepared to sanction. The morale slump is also<br />

attributable to declining rank numbers, depreciating<br />

equipment, reduced resources, rising levels of<br />

assault on on-duty gardaí (some 1,000 per annum<br />

and underreported) and to the financial predicament<br />

being faced by many junior gardaí with substantial<br />

mortgages.<br />

4.5 A related disconcerting feature of the vulnerable<br />

and exploited position that the Garda rank now finds<br />

itself in is that arguably its most important asset,<br />

the trust and support of the public, has experienced<br />

a worrisome downturn since the management and<br />

oversight controversies throughout 2014; including<br />

the allegations made by garda whistleblowers and<br />

the fallout from the Cooke, Guerin and Fennelly<br />

reports.<br />

PART fIVE: PAy, CONDITIONS AND<br />

AllOwANCES<br />

5.1 Remuneration systems are the focus of persistent<br />

scrutiny by employees, as they provide the means<br />

to satisfy basic needs, and also allow satisfaction of<br />

less tangible desires for personal growth and<br />

satisfaction. The payment system is the key to the<br />

provision of the means to live and achieve other<br />

personal and family goals. The weekly or monthly<br />

fund transfer is typically the single major source of<br />

personal income for the employee and as a result<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

constitutes the critical determinant of their<br />

purchasing power.<br />

5.2 Remuneration and reward experts and employers<br />

also recognise that pay is a vital determinant of<br />

employee attitudes and behaviour at work. It will<br />

significantly influence an individual’s decision as to<br />

whether or not to join an organisation. In addition, it<br />

influences one’s preparedness to work effectively,<br />

and the pay package also significantly affects one’s<br />

inclination to accept varied or additional<br />

responsibilities, or to join a trade union or<br />

representative association. Given the restrictions<br />

on the Garda’s and his/her family’s activities this is<br />

especially relevant.<br />

5.3 Given the occasional recourse to industrial action<br />

by workers in pay disputes, it is important to<br />

underline that the prospect of industrial action is<br />

outside of the perceived culture. After a certain<br />

point such is the frustration felt at the impact of a<br />

series of discriminatory and damaging pay<br />

decisions it is both impossible and inappropriate to<br />

even attempt to suppress this frustration.<br />

failed mechanism for Dispute Resolution<br />

5.4 In 1998 the nation witnessed the ‘blue flu’, followed<br />

in 2010 by a GRA survey of members on a menu of<br />

actions in response to pay cuts; revealing that 93%<br />

supported some form of industrial action. It was<br />

through responsible leadership of this Association<br />

that overt confrontation was avoided. In 2013 the<br />

rank and file accepted a graduated response to vent<br />

their anger; initially through the refusal to use<br />

personal equipment including personal phones or<br />

landlines to accept direction from superiors and<br />

refusal to volunteer for overtime. This was curtailed<br />

following a ballot to accept the Haddington Road<br />

Agreement.<br />

5.5 Comparative wage data presented in this section<br />

confirms that garda pay has drifted down the<br />

occupational league table. History shows that the<br />

resultant unrest within the force has only been<br />

assuaged by in-depth inquiries (such as the Conroy<br />

Commission and the Ryan Committee Of Inquiry)<br />

that served to restore the pay status of gardaí.<br />

5.6 The deficiencies in the Conciliation & Arbitration<br />

system are widely accepted and the exclusion of<br />

the GRA. from the negotiation process associated<br />

with national and public service pay agreements<br />

has accentuated the Association’s difficulties.<br />

Accordingly, this Review must address the Garda<br />

rank’s grievances in respect of pay, conditions and<br />

allowances in an uprating and progressive manner.<br />

Garda Pay Comparators: The Case for a ‘unique’<br />

Allowance<br />

5.7 In equity considerations and comparative wage<br />

analyses 45 years ago, when frustrated in their<br />

search for an elusive direct comparator with gardaí,<br />

the Conroy Commission was forced to acknowledge<br />

that:<br />

“The essence of the principle of comparability is<br />

that the work should be broadly comparable in most<br />

of its aspects. The work and duties of a Garda are<br />

unique and in a class of their own. We are of the<br />

opinion that there is no group of workers in the<br />

Republic whose duties and work are comparable<br />

with the duties and work of a Garda...the Police<br />

Forces in Britain and in Northern Ireland. The duties<br />

of these Police Forces are broadly comparable with<br />

the duties of a Garda...”<br />

5.8 That is, there is no obvious direct comparator (for<br />

gardaí) within the national economy’s labour force.<br />

This Review should also note the striking<br />

conclusion of the Sheehy Inquiry (into police<br />

responsibilities and rewards in Britain in 1993),<br />

when it attempted to compare key features of the<br />

role with ‘comparable’ posts in a survey group of<br />

106 companies. The Inquiry concluded:<br />

“A number of features are particular to policing and<br />

require its officers to possess special qualities and<br />

skills. These include the extraordinary nature of<br />

police powers, principally the police monopoly on<br />

the use of legitimate force. It is salient that these<br />

powers are most commonly exercised by officers of<br />

the lower ranks.<br />

“Also notable is the degree of individual discretion<br />

which the law vests in each officer irrespective of<br />

rank or length of service. Acute demands face<br />

officers when, for example, they take operational<br />

command in public order incidents and<br />

emergencies. The police are expected to exercise<br />

control in sensitive, quite often dangerous and<br />

sometimes explosive situations, often at<br />

considerable risk to themselves. An exceptionally<br />

high level of integrity is required by the very nature<br />

of policing...these features were impossible to value<br />

on a consistent basis owing to the special features<br />

of both policing and private sector employment.”<br />

5.9 It should also be recalled that in 1987 the Review<br />

Body on Higher Remuneration In The Public Sector<br />

acknowledged that it had to ‘recognise the unique<br />

nature of the work of a police force’.<br />

32 Garda Representative Association


Section 1: Pay and Allowances<br />

5.10 Having regard to this reality the Association<br />

proposes that this Review enables an appropriate<br />

uprating of Garda pay in the form of an allowance in<br />

recognition of the many unique features associated<br />

with the job of policing. There is already a pertinent<br />

precedent for such an allowance (in the Defence<br />

Forces) and this Association believes that a Police<br />

Service Allowance would serve to compensate<br />

Garda personnel for the special disadvantages<br />

associated with police life.<br />

5.11 However, despite this ‘unique’ status, there is some<br />

substance to the conclusion of the 1979 Ryan<br />

Committee of Inquiry, which contended that:<br />

“The pay of members of the Force cannot be totally<br />

divorced from increases in pay achieved in outside<br />

employment generally.”<br />

5.12 The Sheehy <strong>Report</strong> (in Britain) reiterated this view:<br />

“…it is difficult to establish market comparisons<br />

across the whole range of duties at police constable<br />

level. Subject to various special factors…we<br />

nonetheless believe it is possible to establish broad<br />

market comparisons in respect of basic pay.”<br />

5.13 Eventually this Inquiry opted for a police pay<br />

benchmark set at the median of private sector pay,<br />

subject to the acknowledgment of ‘policing as a<br />

profession’. Consequently the Inquiry deemed it<br />

inappropriate to compare police officers to manual<br />

workers for pay or any other purpose; thus resorting<br />

to a link with the median of the ‘white collar’ private<br />

sector pay distribution. The British Government<br />

subsequently accepted this (non-manual) private<br />

sector pay benchmark as constituting the formula<br />

for the annual uprating of police pay. In the view of<br />

the then British Home Secretary:<br />

“This linkage recognises both the professionalism<br />

of the police service and its special nature, which<br />

justifies the comparison with settlements in the<br />

private sector.”<br />

5.14 The Department of Justice has recognised the<br />

‘unique’ character of the Garda’s job, accepting that<br />

‘there is no strictly comparable group’, thus<br />

necessitating an examination of ‘a wide range of<br />

employments’ to facilitate the pay determination<br />

process.<br />

5.15 The Association accepts that such is the nature of<br />

the industrial relations process and employees’<br />

perceptions to the equity of their pay level. In<br />

addition to compensation for the ‘unique’ status<br />

associated with the rank’s role, account should also<br />

be taken of the garda’s relative pay compared with<br />

employees in general, with other public service<br />

employees and internal relativities.<br />

Impoverished Gardaí – the bottom line<br />

5.16 A sizeable proportion of gardaí are in the 30 to 45<br />

age bracket when financial obligations are<br />

especially onerous. The General Secretary of this<br />

Association has clarified Garda ‘income’ matters for<br />

the benefit of the Public Accounts Committee:<br />

“It is also important to say that there is a great deal<br />

of frustration among young gardaí, particularly<br />

those with about eight or nine years’ service, who<br />

hear again through the media that the average pay<br />

they receive is in the region of €53,000.<br />

“I have a payslip here that reflects the pay of about<br />

80% of the members I represent and it can be sent<br />

to the Chairman, if that is what he requires. The pay<br />

of a member of the Garda Síochána – it can be<br />

clearly shown – is €46,631 for a member with nine<br />

years’ service – it is not €53,480. They get very<br />

annoyed and aggrieved when this kind of wage<br />

average is put out in the public arena.”<br />

5.17 Whilst some of the desperation and disillusionment<br />

currently associated with working as a garda may<br />

be attributed to the recent recession and<br />

associated cutbacks, it should not be forgotten that<br />

gardaí were poorly served under the first Public<br />

Sector Benchmarking Body’s report. As a<br />

consequence, gardaí secured a 5% award in<br />

comparison with an overall average increase of 9%.<br />

Given the longstanding and wide scale focus on<br />

internal relativities, this award was aggravated by<br />

the fact that garda sergeants (6%), inspectors (6%),<br />

superintendents (16%) and chief superintendents<br />

(16.1%) received superior awards.<br />

5.18 The basic pay scale for members of Garda rank<br />

spans from €23,171 to €46,000 per annum. It is<br />

appropriate to acknowledge that such payments<br />

tend to accrue from onerous duties, after working<br />

nights, working weekends and working compulsory<br />

overtime; duties undertaken in all kinds of inclement<br />

weather conditions, with the real and increasing risk<br />

of being assaulted or abused and enduring lifelong<br />

or life-threatening physical or psychological injury.<br />

The enduring case for supplementary payments for<br />

the rank are further addressed.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Internal Relativity and the Garda Rank<br />

5.19 The Sergeant rank is the next rank above that of<br />

Garda in An Garda Síochána. There is a long<br />

established pay relationship between the Garda and<br />

the Garda Sergeant ranks. In their submission to the<br />

Ryan Committee of Inquiry the Department of<br />

Justice acknowledged that:<br />

“...the Garda rank is the basic rank and, in the past,<br />

the pay of this rank tended to be fixed first, the pay<br />

of the other ranks then being fixed by reference to<br />

this base.”<br />

5.20 The Ryan Committee fixed the rank differential at<br />

10.6% (for a Garda at 15 years’ service). In the<br />

Committee’s view, this revision reflected<br />

‘appropriate recompense for the higher skill and<br />

responsibility required’. However, by the time the<br />

Haddington Road Agreement came into effect the<br />

relevant differentials had swollen to 16 and 18%<br />

(including the Long Service Increments and on scale<br />

maxima respectively).<br />

5.21 The Public Sector Benchmarking Body enabled this<br />

disconcerting drift in 2002 that notably revealed<br />

little about its methodology and nothing of its<br />

dataset or the logic associated with its<br />

recommendations.<br />

5.22 This Association’s concern with the differential drift<br />

is further accentuated when compared with the<br />

British scenario, where (following the ratification by<br />

the Home Secretary of the recommendations from<br />

the two Winsor reports) the differential stands at<br />

12% at the top of the scales. This is a matter that<br />

warrants the immediate remedial action in favour of<br />

the Garda rank.<br />

The Relative Pay Performance of Gardaí<br />

5.23 Having paid a heavy price for the mistakes of others<br />

and as the national economy emerges from the<br />

clutches of the Troika the era of pay cuts,<br />

deteriorating employment conditions and pension<br />

levies should now be restored. Counter arguments<br />

of the state of the national finances must now<br />

acknowledge the turning economic tide and the<br />

predicament of the Garda rank in our labour force. In<br />

recognition of the unique status and role of police in<br />

society the British government has on occasion<br />

exempted the police force from its stringent public<br />

pay policy.<br />

5.24 Regardless of the the absence of direct pay<br />

comparators with the Garda rank, official sources<br />

contend that the pay of members of the Force<br />

cannot be totally divorced from other employments.<br />

The Garda rank’s pay compares poorly with many<br />

other public service categories with relevant criteria<br />

like promotion opportunities and pay scale minima,<br />

maxima and scale length; garda pay is well below<br />

the average pay available to a wide array of private<br />

sector employee categories. Successive surveys<br />

conducted by management consultancies also<br />

indicate that this inequality is accentuated by the<br />

various benefits packages enjoyed by many<br />

employee categories.<br />

5.25 The Garda rank has endured a series of reductions<br />

in pay and employment conditions, this has been far<br />

from the standard workplace experience. For<br />

example, IBEC’s dataset reveals that while gardaí<br />

were enduring a succession of cutbacks the<br />

overwhelming majority of IBEC members opted to<br />

leave basic pay levels intact throughout 2010 and<br />

2011. This was also replicated in Central Statistics<br />

Office (CSO) figures from 2009 and 2010.<br />

5.26 This practice persisted in 2012 when a third of IBECmember<br />

companies confirmed that they were ready<br />

to increase basic pay. Progressing to 2013,<br />

approximately 40% of member employers were<br />

planning to increase basic pay, whilst their<br />

subsequent survey (for 2014) found that the<br />

majority of employers planned to increase the basic<br />

pay of their employees.<br />

5.27 The Price Waterhouse Cooper’ survey also found<br />

that a majority (nearly two-thirds) of respondent<br />

employers anticipated pay rises in 2013. The<br />

Hudson Human Resource specialists’ survey in<br />

2013 was able to conclude that:<br />

“In spite of the current economic challenges,<br />

employers are forecasting encouraging<br />

developments over the coming 12 months. A<br />

reassuring 59% of employers said they are planning<br />

to increase salaries within 2013 with 57% also<br />

saying they plan to award bonuses.”<br />

5.28 A similar trend was reported for 2013 in the<br />

Brightwater Recruitment specialists’ national salary<br />

survey, which found that there had been an<br />

‘increase in salaries across the board, averaging<br />

between 2% and 4%’. This trend was also confirmed<br />

by the State’s ‘think-tank’, the Economic and Social<br />

Research Institute (ESRI), which in 2012 overturned<br />

‘anecdotal evidence’ about widespread pay cuts in<br />

the private sector during the recession. It found that<br />

employers were reluctant to cut wages ‘in order to<br />

avoid productivity losses associated with worker<br />

dissatisfaction or higher rates of labour turnover’.<br />

34 Garda Representative Association


Section 1: Pay and Allowances<br />

5.29 The CSO data (covering all sectors of the economy,<br />

other than agriculture, forestry and fishing) reveals<br />

increased hourly earnings (both inclusive and<br />

exclusive of irregular bonuses) over the 2008 to<br />

2014 period when the earnings of Garda rank were<br />

subjected to severe downward pressures.<br />

5.30 Availing of comparable datasets (compiled by the<br />

CSO) for the same period, the relatively poor pay<br />

performance of gardaí is evident as gardaí trail<br />

manufacturing industries by a massive 39%; where<br />

the increase stands at an average of 83%, with local<br />

authorities and commercial semi-State companies<br />

at 69%, semi-State companies at 65% and defence<br />

and the civil service at 60%.<br />

5.31 A similar disparity seems evident over the more<br />

representative 2000-2014 (Quarter 1) period, when<br />

(though the dataset classifications compiled by the<br />

CSO were revised), indications are that garda<br />

earnings (at 47% including overtime) increased at a<br />

considerably inferior rate than those for<br />

manufacturing industries (at 97%), the civil service<br />

(at 62%), defence (at 59%), commercial semi-State<br />

companies (at 57%).<br />

5.32 The Garda rank has indeed performed poorly<br />

compared with their private sector counterparts<br />

over the last decade. A comparative analysis of<br />

garda pay reveals that the rank compares<br />

unfavourably with the average basic salary of a<br />

wide range of occupational categories covered in<br />

IBEC’s survey. Using the former benchmark, these<br />

categories include production supervisors, craft<br />

chargehands and supervisors, planning officers,<br />

customer service specialists, safety officers,<br />

technical support staff, sales and marketing<br />

executives as well as secretaries to the managing<br />

directors.<br />

5.33 This relatively poor pay performance of the Garda<br />

rank is further confirmed by a comparative analysis<br />

with firefighter pay scales over the 2000 to 2014<br />

period.<br />

5.34 The dataset reveals that whilst the Garda rank’s pay<br />

rose by 37-39% [for PRSI categories A and B at<br />

points 1 and 8 (scale maximum) and after applying<br />

the Long Service Increment No. 2]; the firefighters’<br />

scales rose by a significantly more sizeable<br />

percentage of between 58-77%.<br />

5.35 This trend is also apparent from a random<br />

comparative analysis of the Garda rank’s pay over 1<br />

January 2004 to the immediate post-Haddington<br />

Road Agreement period (with effect from 1 Novemer<br />

2013) in key marker grades in the ‘Health and<br />

Welfare’ section of local government. Whilst the<br />

Garda rank’s pay increased by 15%, the clerical<br />

officer (17%), the social worker (17%) and the public<br />

health nurse (16%) all outperformed the Garda rank.<br />

Poor Pay for Garda Recruits<br />

5.36 The pay position of new garda recruits will<br />

undoubtedly give rise to significant morale and<br />

integration problems for the force. The removal of<br />

rent allowance has proved problematic, and this can<br />

only escalate over time.<br />

5.37 In summary, recent revisions to the garda pay scale as<br />

it deleteriously affects new entrants (through to 19<br />

years), impacts thereon as they now reach the<br />

maximum scale point after 19 (as opposed to 17) years’<br />

service. Though this was preferential to the 10%<br />

reduction in the overall pay scale for new entrants<br />

proposed under the national level cost-cutting initiative,<br />

it effectively constitutes a demoralising exploitation<br />

of the most vulnerable group in An Garda Síochána.<br />

5.38 As time goes by this will seriously impact on morale,<br />

and has already taken new recruits to contact both<br />

garda management and the national media; and this<br />

has gained traction in the public sphere. This will<br />

increase.<br />

5.39 A cursory comparative analysis of the recruits’ pay<br />

also reveals that the first point on the scale (for the<br />

Garda ‘B’ rate) is inferior to that available to a host of<br />

private and public sector employee categories.<br />

5.40 For a comparative analysis with the private sector,<br />

availing of IBEC’s (2013) National Survey On Rates<br />

Of Pay For The Manufacturing And Wholesale<br />

Distribution Sector reveals that new entrant gardaí<br />

(B rate) are on lower basic pay than the average<br />

skilled and semi-skilled:<br />

Production operative, fork-lift driver, craft<br />

chargehand, mechanic, toolmaker and fitter, process<br />

operator, production chargehand, supervisor and<br />

team leader, engineering technician, junior<br />

technician, warehouse and distribution chargehand,<br />

warehouse operative, stores operative, customer<br />

service specialist, purchasing officer, buyer, quality<br />

assurance specialist and analyst, safety officer,<br />

environmental officer, accounts payable clerk,<br />

payroll administrator, human resources<br />

administrator, sales and telesales executive and<br />

personal and administration assistant.<br />

5.41 Likewise, a cursory comparative analysis with<br />

sampled public sector employee categories finds<br />

the garda rate trailing that of:<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Local authority craftworkers’ mates, general<br />

operatives (excluding Dublin), assistant staff officers,<br />

storekeepers, clerical officers, library assistants,<br />

chargehands, labourers, refuse collectors, gangers,<br />

drivers, caretakers and social workers.<br />

5.42 A comparative perspective, as noted by the<br />

Association’s recent presentation to the Oireachtas<br />

Committee on Public Accounts, a police officer<br />

starting in the London Metropolitan Police Service<br />

earns a salary of €35,464 compared with a Garda<br />

starting on €23,171. An equivalent comparison can<br />

be made with Police Service of Northern Ireland<br />

‘starters’.<br />

5.43 Serving to accentuate this unacceptable scenario,<br />

the GRA insists that it is wholly inappropriate that<br />

gardaí working side-by-side or on a teamwork basis<br />

in identical circumstances, should have to endure a<br />

scenario whereby one individual is legitimately and<br />

appropriately in receipt of an allowance that another<br />

is precluded from.<br />

5.44 Accordingly, the Association must insist upon the<br />

immediate restoration and application of all<br />

allowances, including the rent allowance, to new<br />

entrants to An Garda Síochána.<br />

The Disallowance of Allowances<br />

5.45 This Review process must acknowledge that the<br />

rationale behind the exclusivity of allowances (first<br />

introduced by the new Irish government through the<br />

Garda Síochána Allowances Order 1924 and 1926) is<br />

the unique nature of the work undertaken by<br />

members of An Garda Síochána. As the<br />

organisation’s Human Resource Management<br />

specialists explained:<br />

“This uniqueness was subsequently recognised by<br />

both the Conroy Commission (1970) and the Ryan<br />

Committee of Inquiry (1979). It can be effectively<br />

argued that the job cannot be done properly without<br />

incurring these allowances, which are paid to<br />

members in the performance of duty. The<br />

allowances were negotiated over time and were<br />

deemed necessary to the work of An Garda<br />

Síochána. Indeed the Conroy Commission<br />

recognised the important effect these allowances<br />

had on the morale of the organisation...<br />

“Any variation in the terms of these agreements<br />

must be re-negotiated in line with best practice. It<br />

must be reasonably concluded that officials from<br />

the Department of Justice & Equality, the<br />

Department of Finance, who presided over the initial<br />

granting or subsequent increase of these<br />

allowances for the Garda Síochána during the four<br />

decades of these negotiations, were satisfied that<br />

the allowances were in the first instance wholly<br />

necessary, given the unique nature of the<br />

organisation and the environment in which it<br />

operates.”<br />

5.46 Management personnel made an appropriate<br />

Business Case for the retention of all such<br />

allowances (excluding the defunct Weights and<br />

Measures Allowance) underlining that allowances<br />

applicable to An Garda Síochána were negotiated<br />

through the Garda Conciliation & Arbitration<br />

mechanism. All appropriate members are entitled to<br />

their receipt.<br />

5.47 Addressing the Public Accounts Committee on the<br />

matter the Garda Commissioner explained that:<br />

“The services provided by An Garda Síochána have<br />

always been driven by demand. This means we<br />

need the requisite number of people in the right<br />

place at the right time to meet demands. As the<br />

pattern of demand will not always be uniform<br />

across the ranks, the nuance between those who<br />

are entitled to allowances and those who are<br />

disentitled, if I may use that term, would have to be<br />

carefully considered in most cases. The issue also<br />

arises of operational police officers being available<br />

on a 24-7 basis, 365 days per year.<br />

“The third leg of the problem is discommoding<br />

people from their places of employment and asking<br />

them to be available for duty at locations other than<br />

their normal place of work. These issues have to be<br />

factored in. Many of the allowances, no more so<br />

than overtime, are demand driven. The need to<br />

match demand with the nature of the employment<br />

dictates where allowances should be paid and who<br />

should receive them.<br />

“I agree, however, that a number of allowances<br />

could be subsumed into basic pay.”<br />

5.48 Hence, the Committee of Public Accounts in its<br />

(2012) <strong>Report</strong> on Public Sector Allowances<br />

acknowledges that premium payments will always<br />

be a feature of an around-the-clock service.<br />

5.49 Allowances serve as an efficient way for the Garda<br />

Commissioner to remunerate staff for the vagaries<br />

of police life, their expertise and their varying duties<br />

and responsibilities. It is estimated that some 54<br />

‘live’ allowances constitute as much as 20% of the<br />

force’s total pay cost; while the Public Accounts<br />

Committee note that five core allowances account<br />

for 86% of this proportion.<br />

3<br />

Garda Representative Association


Section 1: Pay and Allowances<br />

Rent Allowance<br />

5.50 Rent allowance was applied to the wages of<br />

members of the Royal Irish Constabulary in 1883<br />

and the newly formed Irish State chose to persist<br />

with, and mirror, many of the allowances payable to<br />

our British counterparts. As a result, the rent<br />

allowance was incorporated in the Garda Síochána<br />

Allowance Order of 1926, providing for the payment<br />

of this allowance to compensate officers who had<br />

previously been billeted either in the barracks or in<br />

houses attached to the barracks. The 1944 Finance<br />

Code reiterated rent allowance was payable to<br />

those not residing in a station. In December 1960, as<br />

a result of an agreement arrived at through<br />

Conciliation & Arbitration, rent allowance was made<br />

pensionable.<br />

5.51 The Conroy Commission (1970) was the first<br />

independent forum in the history of the State to<br />

examine the pay and conditions of serving members<br />

of An Garda Síochána and inextricably linked this<br />

allowance to pay. Since that Commission it has<br />

formed a part of pay. Hence, it carries with it normal<br />

pay round increases with the notable exception of<br />

the 5% award via the first Public Sector<br />

Benchmarking Body in 2002. The wholly legitimate<br />

and appropriate rent allowance is now widely<br />

perceived to be inextricably linked to Garda pay and<br />

has been pensionable through a determination of<br />

the public service arbitrator since 1982.<br />

5.52 The decision of the Department of Public<br />

Expenditure and Reform (DPER) in 2012 to exclude<br />

new recipients from their entitlement to 30 Garda<br />

allowances without even recourse to the normal<br />

industrial relations machinery is a priority grievance<br />

for our membership. The Assistant Commissioner’s<br />

(Human Resource Management) office advised our<br />

members (15 July 2013) that he had been advised<br />

by DPER of a classification in respect of all<br />

allowances, on the basis of those that are:<br />

(a) fixed, periodic and pensionable allowances, and<br />

therefore are considered allowances in the<br />

nature of pay and<br />

(b) not considered to be fixed, periodic and<br />

pensionable – and in effect not considered to be<br />

allowances in the nature of pay.<br />

5.53 In addition to the DPER’s unilateral assessment cum<br />

classification, a list was also unilaterally compiled of<br />

those allowances that would not be paid to gardaí<br />

appointed to the relevant positions from thereon –<br />

and of allowances that were to be prioritised for<br />

early elimination.<br />

5.54 According to the DPER the ‘priority list’ for<br />

elimination for current beneficiaries pertained<br />

where no ‘business case’ existed to pay such<br />

allowances. However, a formidable ‘business case’<br />

for allowances was prepared by the Force’s Human<br />

Resource Management section on behalf of the<br />

Garda Commissioner. In addition to subscribing to<br />

the Commissioner’s assessment, the GRA has<br />

sought clarification in a myriad of issues arising<br />

from specific allowances that are a source of<br />

priority concern to our members. These include:<br />

• Clarification ‘allowance’ provisions for new<br />

beneficiaries or new entrants.<br />

• Clarification for an existing member who<br />

transfers into an area for which an allowance is<br />

paid. This member would be deemed to be a<br />

prospective ‘new beneficiary’, yet would not<br />

attract the payment of the relevant allowance<br />

which had been abolished in this prospective<br />

‘new beneficiary’ category.<br />

• Clarification as to whether any proposed buy-out<br />

of an allowance was to be predicated on<br />

individual cases or on the basis of an agreement<br />

with the Association (on the basis of standard,<br />

longstanding and appropriate industrial relations<br />

procedures and processes) on the buy-out of a<br />

particular allowance for all beneficiaries.<br />

• If a member was to be promoted within a section<br />

attracting an allowance would they then be<br />

considered a ‘new beneficiary’ and subsequently<br />

disallowed the allowance?<br />

• The effect of revisions of allowances on the<br />

payment of pensions.<br />

5.55 The removal of allowances for new beneficiaries<br />

took effect without recourse to the Conciliation &<br />

Arbitration system; the standard, longstanding and<br />

appropriate industrial relations mechanism. The<br />

Association had received assurances (attached to<br />

the Appendices to the Conciliation Council’s Agreed<br />

<strong>Report</strong> on the Croke Park Agreement) that all Garda<br />

remuneration was protected for the lifetime of that<br />

agreement. A commitment was received from the<br />

Chief Executive of the Labour Relations<br />

Commission that pay was indeed adjudged to<br />

include allowances.<br />

5.56 To accentuate the grievance, the recent revision in<br />

the tax and pension treatment of some allowances<br />

is unwelcome. Traditionally, allowances bearing a<br />

tax liability were pay allowances for the purposes of<br />

pension and it is the firmly held conviction of this<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Association that allowances subject to taxation<br />

should be pensionable. Hence, the GRA requests<br />

that this Review assesses the category (b)<br />

allowances (above), with a view to their reclassification.<br />

5.57 Scope for appropriate initiatives in this regard has<br />

been provided via the Public Accounts Committee in<br />

its <strong>Report</strong> on Public Sector Allowances (2012) when<br />

it recommended the ‘streamlining and simplification’<br />

of the structures that have built up around garda<br />

pay. Such initiatives serving to subsume<br />

allowances into pay may well remove the illusion<br />

that they constitute a ‘perk’; and are framed as such<br />

in public discourse.<br />

5.58 The relevant government minister (on initiating a<br />

review of allowances across the public sector)<br />

acknowledged the point that a considerable portion<br />

of the 800 allowances under review would be better<br />

described as ‘pay’ and even instanced his own<br />

‘allowance’ as a minister paid on top of his salary as<br />

a TD. He noted, “it’s not an allowance, it’s my<br />

wages”; and also cited the principal’s allowance<br />

paid to teachers (added to their basic salary and<br />

based on the size of the school) as ‘pay’ rather than<br />

an ‘allowance’.<br />

5.59 This accords with the Garda Commissioner’s<br />

assessment, on advising the Public Accounts<br />

Committee that some of the allowances for review<br />

for both new entrants and existing beneficiaries<br />

could be consolidated into basic pay following<br />

negotiation as:<br />

“…the need to match demand with the nature of the<br />

employment dictates where allowances should be<br />

paid and…a number of allowances could be<br />

subsumed into basic pay.”<br />

5.60 Whilst supportive of the Minister and the<br />

Commissioner on this point, it would be remiss of<br />

the Association not to point out that the task will not<br />

always be as straightforward as it appears on the<br />

basis of an initial superficial consideration.<br />

Discriminatory Treatment of unsocial hours<br />

5.61 As outlined by a host of authoritative sources,<br />

overtime and unsocial working hours are an integral<br />

feature of working life in An Garda Síochána. As<br />

elaborated upon by the independent Industrial<br />

Relations News <strong>Report</strong> in 2009:<br />

“Official sources also argue that…overtime provides the<br />

Garda Commissioner with the ability to allocate<br />

resources to particular situations and peak demands, as<br />

and when the needs arise.”<br />

5.62 An Garda Síochána cannot function unless staff<br />

work overtime. This necessity is underlined that<br />

members are directed to work overtime.<br />

5.63 The disadvantageous divisor (1/41) deployed to<br />

calculate overtime and unsocial working<br />

arrangements for gardaí becomes even more<br />

disconcerting as many other public service<br />

occupations weekly pay is divided by lesser<br />

divisors in premium payment calculations. It is<br />

reported that a divisor of 35 hours is used for both<br />

health sector and local government clerical staff<br />

and for local authority outdoor workers including<br />

full-time Fire Service personnel, a 37.5 hours divisor<br />

applies to nurses and a 39 hours divisor applies<br />

extensively for health sector attendants and<br />

support staff.<br />

5.64 An independent review in February 2008<br />

recommended that the divisor for GRA members be<br />

brought into line with that deployed for other public<br />

sector employees. To date, the government has<br />

failed to implement this recommendation. The<br />

arbitration report stipulates that:<br />

“The present Garda divisor for overtime of 41 is an<br />

anomaly which has not been reconsidered since its<br />

introduction in 1974. At the hearing before the<br />

Arbitration Board the GRA expressed a measure of<br />

understandable frustration that this situation, which<br />

it regards as irrational, has remained in place for so<br />

long.<br />

“The Arbitration Board is of the opinion that it would<br />

be unseemly to let the matter drag on indefinitely<br />

and so the Board recommends that when the terms<br />

of the Towards <strong>2016</strong> Social Partnership Agreement<br />

expires the parties should make a determined effort<br />

to bring forward a solution that is equitable in<br />

settling on the proper divisor for the gardaí.”<br />

5.65 Given that the government subsequently set aside<br />

the provisions of the Towards <strong>2016</strong> Social<br />

Partnership Agreement of which this Association<br />

had no part in the negotiation of, it is incumbent<br />

upon this Review to appropriately address the<br />

matter. Payment to the Association’s membership<br />

for working unsocial hours cannot be categorised<br />

as ‘excessive’.<br />

5.66 The rate of remuneration paid is considerably less<br />

than applies to large swathes of the public and<br />

private sector. It is also pertinent that overtime has<br />

traditionally been paid in An Garda Síochána at time<br />

38 Garda Representative Association


Section 1: Pay and Allowances<br />

and a half for ordinary duty and double time for<br />

Sundays. For ordinary overtime where members<br />

apply voluntarily to work overtime the rate has been<br />

reduced (under the provisions of the Haddington<br />

Road Agreement) to time and a quarter. From a<br />

comparative perspective, it is insightful (if not<br />

somewhat infuriating) to review the data<br />

summarising the key results of an IBEC (2001)<br />

survey of overtime premia in 508 companies in the<br />

Irish manufacturing and wholesale distribution<br />

sectors. This indicates that the lowest<br />

compensation ratio in use is Time + ½ in sharp<br />

contrast with the Time + 1⁄4 applied to gardaí. Many<br />

employers pay considerably more than this ratio.<br />

5.67 The relatively privileged position of private sector<br />

workers compared with gardaí on this pay criterion,<br />

a more expansive survey on the same topic was<br />

concluded by IBEC in March 2006. This overtime<br />

report entailed a survey of 760 places of<br />

employment across the manufacturing, distribution<br />

and services sectors. This also revealed that that<br />

the lowest compensation ratio in use is Time + ½.<br />

The updated dataset (2013) covering 436<br />

companies employing 141,444 staff in the<br />

manufacturing, distribution and service sectors<br />

reveals yet again that many employers pay<br />

considerably more than An Garda Síochána for antisocial<br />

and overtime working arrangements.<br />

unsocial hours Shiftworking<br />

5.68 The basic position towards shift pay arrangements<br />

affected by the revised rostering system<br />

Westmanstown Agreement needs redress. The<br />

treatment of unsocial hours in An Garda Síochána;<br />

premium payments for night work start at time and<br />

a sixth (for 6pm to 8pm) rising to time and a quarter<br />

(8pm to 8am); with a fixed daily allowance for<br />

Saturday work (€15 per day) and double time for<br />

Sunday duty.<br />

5.69 Payment for unsocial hours is also much less<br />

favourable for members of An Garda Síochána than<br />

other workers. This is attributable to the usage of a<br />

1/41th of weekly pay as the key divisor.<br />

5.70 This relative deprivation for gardaí also extends to<br />

shift premium payment arrangements. A cursory<br />

review of the data drawn from IBEC’s (2009) survey<br />

of 93 companies employing 41,443 staff confirms<br />

the relatively disadvantageous premia payment<br />

ratio applicable to gardaí. A comparative analysis of<br />

the garda evening premium at time and a sixth<br />

(16.7%) compares unfavourably with that of all other<br />

premia for evening work on two, three and four shiftcycles.<br />

The ratio applied to Gardaí for night work<br />

(8pm-8am at time and a quarter) compares<br />

unfavourably with that of the overwhelming majority<br />

of other premia paid.<br />

Employment Conditions<br />

5.71 The conditions of employment of the Garda rank is<br />

both extensive and complex spanning health, safety<br />

and welfare, rosters, career breaks, pension<br />

provisions, incentivised early retirement.<br />

5.72 The Association retains grave reservations about<br />

the process and provisions associated with the<br />

Public Service Management (Sick Leave)<br />

Regulations 2014. Furthermore, there is now clear<br />

evidence that the Westmanstown Working Time<br />

Agreement is being abused. The revised rostering<br />

arrangements have revolutionised the shift patterns<br />

and reconfigured available resources in An Garda<br />

Síochána. However, it would appear that there is a<br />

lack of compliance with the daily rest requirements<br />

of the European Working Time Directive and the<br />

compensatory rest requirements of the Working<br />

Time Agreement.<br />

5.73 To ensure compliance with all provisions an<br />

effective information technology system providing<br />

comprehensive, accurate and verifiable records is<br />

crucial and has already been identified as essential<br />

to compliance by the Garda Inspectorate in its sixth<br />

report.<br />

5.74 There are also issues of concern regarding the<br />

ability of members to take leave when required.<br />

There is a delicate balance between derogations<br />

and the all-important protections and the relevant<br />

review team should be fully focused on assessing<br />

and ensuring same compliance. Appropriate<br />

arrangements must be made by way of primary<br />

legislation or ministerial order to enable the WTA to<br />

be subject to the Labour Court approval process set<br />

out in the Organisation of Working Time Act 1997.<br />

Annualised hours<br />

5.75 The GRA agreed to outline its basic position towards<br />

an annualised hours arrangement. The recently<br />

revised rostering system or Westmanstown<br />

Agreement is the subject of a discrete review<br />

process or processes. However, the Association<br />

acknowledges the relevance of an annualised hours<br />

system towards this revised rostering system and<br />

the unique demands associated with working in An<br />

Garda Síochána.<br />

5.76 The revised roster is a five unit, 10-week<br />

configuration operating on the principle of six days<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

on and four days off, with largely 10-hour shifts and<br />

the Sunday 8 to 12 hour shifts. The roster consists<br />

of core and non-core working times, to facilitate a<br />

24 hour service, with some agreed variations to<br />

meet the requirements of specialist units. The new<br />

system proceeds from morning shifts to late shifts<br />

to night shifts (rather than the other way round<br />

under the old system). This system was designed to<br />

be in line with the body’s circadian rhythms.<br />

5.77 The revised system entailed major concessions by<br />

this Association’s members largely designed to give<br />

management greater scope of staff availability at<br />

peak demand times (weekends and evenings).<br />

Indeed, so significant was this rostering revolution<br />

that in addressing the 36th Countess Markievicz<br />

memorial lecture of the Irish Association of<br />

Industrial Relations in 2012, the chair of the Croke<br />

Park Implementation Body’s Reflections on the<br />

Croke Park Deal presentation lauded this major<br />

change as “the first such roster change in over 40<br />

years”. Likewise, the Minister for Justice felt obliged<br />

to extol the merits of the new rostering system as a<br />

“perfect example of real reform”, whilst the Garda<br />

Commissioner advised the Dail’s Public Accounts<br />

Committee that:<br />

“It is important to acknowledge that for the first time<br />

in 40 years we have arrived at a policing programme<br />

that will match demand with the availability of gardaí<br />

at particular peak or pinch points within the<br />

system…”<br />

5.78 In the case of the prison service, it is also notable<br />

that the management or Irish Prison Service’s<br />

(2005) Proposal For Organisational Change<br />

constituted a radical move away from the service’s<br />

traditional reliance on overtime to a new ‘additional<br />

hours’ system. Prison service staff committed to<br />

working ‘additional’ hour bands.<br />

5.79 Related to the initiative were a host of staff<br />

productivity and flexibility concessions. In 2005 the<br />

Civil Service Arbitration Board summarised the<br />

additional hours system as serving to:<br />

“institutionalise...the working of additional hours” on<br />

a compulsory basis. For this Review it is also<br />

chastening to recall that the many unattractive<br />

features of the new annualised hours system led<br />

researchers at the University of Limerick to<br />

conclude that over two-thirds of prison service<br />

employees were actually dissatisfied with it.<br />

5.80 The GRA also notes that a most practical<br />

consequence of the annualised hours arrangement<br />

is that by 2008 the Director General of the Irish<br />

Prison Service was able to point to an annual saving<br />

of €30million in overtime costs with over one million<br />

hours taken out of the prison working time system.<br />

According to the assessment of the Civil Service<br />

Arbitration Board (2005) of the new additional hours<br />

system:<br />

“…there would be savings to the Irish Prison<br />

Service in the short term and the level of those<br />

savings would increase over time.”<br />

5.81 By 2008 the Secretary General at the Department<br />

of Justice was able to inform the Public Accounts<br />

Committee that alongside sizeable savings, the<br />

average write-off under the new working<br />

arrangement was 28% or 100 hours per prison<br />

officer. By 2014 the write-off has been almost<br />

obliterated, as all of the additional hours were being<br />

worked, while sick leave levels reduced.<br />

PART SIx: NEw STRuCTuRES AND<br />

mEChANISmS<br />

Industrial Relations history of An Garda Síochána<br />

6.1 The terms of reference of this Review conducted<br />

under the auspices of the LRC, commits to<br />

addressing:<br />

“...the appropriate structures and mechanism for the<br />

future resolution of matters relating to pay,<br />

industrial relations and attendant matters.”<br />

6.2 There have been serious instances arising from the<br />

pay disputes. The Macushla ‘Revolt’ of 1961 gave<br />

rise to proper representation of ranks and the<br />

formation of the GRA. Since then, we have had the<br />

Conroy Commission and Ryan <strong>Report</strong> as<br />

mechanisms to address these issues; and also the<br />

pay dispute of 1998 remembered in the public<br />

consciousness for the ‘blue flu’ aspect of industrial<br />

relations.<br />

6.3 Relationships between the participants to the<br />

industrial relations process in An Garda Síochána<br />

probably reached their lowest point in 1998, when a<br />

large proportion of this Association’s membership<br />

phoned in sick on the same day (‘blue flu’). This<br />

action was once again over pay; particularly the<br />

restructuring clause of the social partnership<br />

agreement – the Programme for Competitiveness<br />

and Work). Our membership felt that they had been<br />

unfairly treated. The discontent towards this social<br />

partnership deal coincided with the formation of the<br />

breakaway Garda Federation, splitting this<br />

Association and defragmenting industrial relations<br />

that would have proved unmanageable for all.<br />

40 Garda Representative Association


Section 1: Pay and Allowances<br />

6.4 Garda pay was underfunded in the subsequent<br />

benchmarking processes. This resulted in<br />

widespread resentment, as our members<br />

contended that they were being singled out due to<br />

an inability to strike or to take limited industrial<br />

action. This was the discriminatory treatment meted<br />

out to this Association by being effectively and<br />

persistently sidelined from the social partnership,<br />

pay talks and negotiation process. The experience<br />

of being corralled into a side room and presented<br />

with an agreed deal (concluded with the ICTUaffiliated<br />

unions in an adjoining room) was neither<br />

edifying nor equitable. As a result this Association<br />

repeatedly refused to sign-off on such deals.<br />

6.5 The industrial relations temperature in An Garda<br />

Síochána was increased in 2005, through the Garda<br />

Síochána Act. Under Section 59 it is held that:<br />

“a person is guilty of an offence if he or she induces,<br />

or does any act calculated to induce, any member of<br />

the Garda Síochána to withhold his or her services<br />

or to commit a breach of discipline”.<br />

6.6 We also had the breakdown of pay talks in 2009<br />

that led to the GRA surveying members for industrial<br />

action leading to the Croke Park Agreement in 2010;<br />

subsequently the placard protests and Tallaght<br />

‘Basketball Stadium” Rally that undermined the<br />

attempted Croke Park II and resulted in Haddington<br />

Road Agreement. Let us be reminded that this<br />

Review is part of that dispute resolution, and yet<br />

government pushed ahead with the Lansdowne<br />

Road Agreement before this aspect had been<br />

addressed.<br />

6.7 At the Irish Congress of Trade Unions (ICTU)<br />

conference in 2004 delegates voted in favour of an<br />

amendment to their constitution, enabling the Garda<br />

(and Defence Forces) associations to become<br />

associate members of Congress. However,<br />

subsequent initiatives endeavoured to ensure that<br />

representative bodies in An Garda Síochána would<br />

be forbidden from formal ongoing affiliations with<br />

trade unions (i.e. non-membership of ICTU). Section<br />

18(2) of the 2005 Garda Síochána Act states:<br />

“An association established under subsection (1)<br />

must be independent of and not associated with<br />

any body or person outside the Garda Síochána, but<br />

it may employ persons who are not members of the<br />

Garda Síochána.”<br />

6.8 Serving to further tighten the restrictions on this<br />

Association, Section 18(4) of the Act states that:<br />

“...if a question arises whether any body or<br />

association is a trade union or association referred<br />

to in subsection (3), the question shall be<br />

determined by the Minister whose determination<br />

shall be final.”<br />

6.9 In 2009 the relevance of this enactment surfaced<br />

when this Association’s Central Executive<br />

Committee, in frustration at their ongoing exclusion<br />

from the key national decision making forum and<br />

processes, considered the possibility of balloting<br />

the membership on a menu of industrial action<br />

options. This raised a range of possibilities,<br />

including the spectre of the Association’s<br />

leadership being prosecuted or imprisoned.<br />

6.10 A consequential development in the industrial<br />

relations system in An Garda Síochána has been<br />

from the European Committee of Social Rights,<br />

operating under the auspices of the Council of<br />

Europe. Like the European Court of Human Rights,<br />

which is also part of the Council of Europe, the<br />

Committee’s rulings are binding in law. Decisions of<br />

the Committee are final and legally binding and do<br />

not have to be endorsed by any other body. Courts<br />

can declare invalid or set aside domestic legislation<br />

if it is contrary to a decision of the Committee (e.g.<br />

the Garda Síochána Act 2005).<br />

6.11 The complaint brought was that the Irish<br />

Government had violated certain elements of the<br />

European Social Charter, which it had signed up to<br />

(in November 2000) and focused on the fact that<br />

representative bodies in An Garda Síochána:<br />

“...do not enjoy full trade union rights, which include,<br />

in particular, the right to join an umbrella<br />

organisation and the right to bargain collectively”.<br />

6.12 Specifically it was contended that existing<br />

provisions violate Articles 5 (the right to organise), 6<br />

(the right to bargain collectively) and 21 (the right to<br />

information and consultation) of the European<br />

Social Charter. The charter provides:<br />

(a) Join the ICTU<br />

(b) Access the services of the LRC<br />

(c) Take collective industrial action.<br />

6.13 Notably, the Committee’s findings weighed heavily<br />

in favour of gardaí. The GRA sees both scope and<br />

merit in enabling its access to the State’s third party<br />

dispute resolution mechanisms.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

6.14 In a parallel development, the case for an<br />

independent review of pay and conditions in An<br />

Garda Síochána was getting ‘favourable<br />

consideration’ from the Minister for Justice.<br />

According to the Minister, he was (at least) open:<br />

“...to an examination of the process itself so that any<br />

flaws or defects are identified and rectified to<br />

ensure they are not replicated in any future<br />

engagement”.<br />

6.15 This overture was effectively endorsed and<br />

extended by the Garda Commissioner, as he<br />

publicly drew attention to the successful (Conroy<br />

and Ryan) Commissions (on remuneration and<br />

terms and conditions of employment in An Garda<br />

Síochána) in the 1970s. The Commissioner also<br />

alluded to the fact that allowances had been<br />

introduced in the past when successive<br />

governments were not in a position to increase pay<br />

levels.<br />

6.16 It is in the immediate and long-term interests of all<br />

parties that there be a credible ongoing and readily<br />

available alternative to the current industrial<br />

relations mechanism.<br />

GRA: Concerns and Preferences for the future<br />

6.17 The role of the LRC in brokering the sectoral<br />

agreement in respect of An Garda Síochána and<br />

their representative associations is a significant<br />

development in terms of normalising our industrial<br />

relations structures. It is the first time that this<br />

Association has had access to the services of the<br />

WRC/LRC on a collective basis and the Association<br />

sincerely hopes that in due course it may be<br />

adjudged to constitute an appropriate exemplar in<br />

support of the case for regular access to the WRC<br />

and the Labour Court.<br />

6.18 This mechanism has done little more than echo<br />

broader public service developments in pay, rather<br />

than being an independent process that proceeds<br />

on case merits. This representative Association<br />

may well find it difficult to restrain members’ anger<br />

in the future, which for a variety of specified<br />

reasons has now reached unprecedented levels;<br />

especially among the indebted junior cohort whose<br />

experience of working and the industrial relations<br />

system is that of pay cuts and deteriorating terms<br />

and conditions of employment.<br />

6.19 The current structure and mechanism for the<br />

resolution of industrial relations in An Garda<br />

Síochána has shown considerable flaws. The<br />

Conciliation & Arbitration process is lengthy and<br />

there is no mechanism available to the parties<br />

within the system to ensure that the official side<br />

deals with claims expeditiously, or at all.<br />

6.20 Members of the force and their representative<br />

associations do not have access to independent<br />

agencies of the State for the processing and<br />

resolution of legitimate grievances, including the<br />

Rights Commissioner service, the Workplace<br />

Relations Commission and the Labour Court.<br />

6.21 In the event of a dispute of labour relations, the<br />

Association’s members’ sole route of recourse is<br />

through the judicial or common law court system.<br />

This is a wholly inappropriate route or forum and<br />

compares most unfavourably with that available to<br />

the nation’s workforce.<br />

6.22 Under the current Conciliation mechanism if a claim<br />

is ‘agreed’ but garda management fail to implement<br />

it correctly, or it is the subject of contrasting<br />

interpretations, it must be re-routed back through<br />

the laborious conciliation process, rather than<br />

proceeding promptly to a more appropriate,<br />

independent and customised forum, such as the<br />

WRC or Labour Court.<br />

6.23 The chairperson of the Conciliation Council is<br />

appointed by the Minister for Justice and selected<br />

from his Department. This gives rise to a palpable<br />

perception of bias. The Conciliation & Arbitration<br />

Scheme constitutes a conservative and laborious<br />

route for members to pursue their right to an<br />

expeditious resolution in remuneration and terms<br />

and conditions of employment.<br />

6.24 As our members are legally prohibited from<br />

engaging in industrial action they are not in a<br />

position to adequately protect or enforce their<br />

labour law-related rights and entitlements, and in<br />

particular, their right to the expeditious resolution of<br />

issues affecting them. Adding insult to injury, this<br />

limitation is frequently exploited to their detriment.<br />

6.25 Accordingly, this Review should be aware that while<br />

individual members of An Garda Síochána (under<br />

some employment law provisions) are entitled to<br />

process their cases or claims to the WRC and the<br />

Labour Court, the Association was never granted a<br />

collective right of access to such fora on behalf of<br />

its collective membership.<br />

6.26 This anomaly must be rectified under the auspices<br />

of this Review. This Association now confirms to the<br />

Review the prioritisation of its demand for a<br />

collective entitlement to bring matters before the<br />

42 Garda Representative Association


Section 1: Pay and Allowances<br />

WRC and the Labour Court and advises that the<br />

appropriate primary legislation be enacted.<br />

6.27 It is now an affront to any group of workers that<br />

such a basic entitlement is denied. This demand is<br />

discrete from those pertaining to trade union status,<br />

the right to strike or any other consideration to the<br />

Association’s membership’s welfare. The denial to<br />

employees of the State’s all-important security<br />

services of such a basic entitlement is no longer<br />

acceptable.<br />

6.28 There has traditionally been a reluctance to have<br />

Garda bodies engage in the same fora as trade<br />

unions. However, for the first time in its history, the<br />

GRA was recently granted (apparently on a once-off<br />

basis), to be involved directly in negotiations on<br />

members’ pay and conditions of employment. This<br />

welcome precedent proved to be a beneficial<br />

development and to be in the best interests of all<br />

parties to the process.<br />

6.29 The relevance of appropriate fora or independence<br />

of the treatment of such matters also recently<br />

featured under the HRA, wherein one of the key<br />

inducing planks for gardaí was the commitment to<br />

this Review process. However, the Department of<br />

Justice’s endeavours to impose the wholly<br />

inappropriate Garda Síochána Inspectorate as<br />

opposed to an independent chairperson of the<br />

Review came close to sundering the complete<br />

sectoral agreement.<br />

6.30 It is common practice to look to our counterparts in<br />

Great Britain and Northern Ireland when addressing<br />

issues, including police pay. Notably these<br />

counterparts are entitled to directly negotiate their<br />

pay and conditions of service with their employers<br />

in the Home Office, via the Joint Police Negotiating<br />

Board (PNB). Prior to 1919 each police force<br />

determined pay for police officers on a local basis. In<br />

1919 a police strike forced the government of the<br />

day to ban strikes, but in so doing they were also<br />

forced to find a way to determine pay and<br />

conditions that would be acceptable to the police<br />

and the public. Hence, from 1919 to 1980 a Whitley<br />

Council approach was adopted.<br />

6.31 The Whitley or Police Council approach operated for<br />

over 50 years with a number of discrete<br />

independent reviews complementing the Council’s<br />

operations. Following the Police Federation’s<br />

withdrawal from the Council (alongside a dispute<br />

over police pay in 1976-77) an Inquiry into the<br />

industrial relations or police negotiating machinery<br />

was established in 1978.<br />

6.32 This recommended the establishment of the PNB in<br />

its present form, with a chairperson and deputy<br />

independent from both sides. The role of the chair<br />

was to “provide continuity and to supply a neutral<br />

voice in negotiation”. An independent secretariat<br />

was also introduced to provide knowledge and<br />

expertise. Specifically addressing the relationship<br />

between the machinery of negotiation and the<br />

absence of the right to strike this (Edmund-Davies)<br />

Inquiry pointed out that:<br />

“Such an important limitation on the freedom of<br />

action of members of the police force renders it<br />

even more essential that the machinery for<br />

determining police pay and other conditions of<br />

service commands the confidence of all sections of<br />

the service.”<br />

6.33 The Police Negotiating Board Act 1980 formally<br />

established the PNB, and was subsequently<br />

consolidated via the Police Act 1996. At the heart of<br />

the Inquiry was the proposed indexing of police<br />

officers’ pay to movements in the Average Earnings<br />

Index for the whole economy.<br />

6.34 In 1993 a further significant development arose<br />

when the Sheehy Inquiry (into Police<br />

Responsibilities and Rewards) recommended a link<br />

to pay settlements rather than average earnings.<br />

Subsequently, the median of total pay settlements<br />

was used to determine the annual police pay rise.<br />

6.35 In 2007-8 there was an unusually vocal and<br />

demonstrative response by the Police Federation of<br />

England and Wales (PFEW) to the decision by the<br />

then Home Secretary to phase in the recommended<br />

pay increases. An estimated 22,500 police officers<br />

marched in central London in protest in an era of<br />

considerable friction between Government and the<br />

PFEW. In August 2008 the Federation was obliged to<br />

call on its 140,000 members to adopt a de facto<br />

‘work-to-rule’ after talks broke down in a bitter pay<br />

row, in response to the Government’s argument<br />

that the automatic indexed pay award system<br />

removed incentives for workplace reform.<br />

6.36 In an attempt to address the issue of police pay<br />

determination in 2010 the government<br />

commissioned the Winsor <strong>Report</strong>. This endorsed the<br />

operation of an independent Police Pay Review<br />

Body to replace the PNB According to Winsor’s<br />

assessment, the experience from other parts of the<br />

British public sector had shown that a pay review<br />

body is capable of respecting the unique status of<br />

certain employee groups in a society that denies<br />

them a right to strike (such as the Armed Forces’<br />

Pay Review Body).<br />

38th Annual Delegate <strong>Conference</strong><br />

43


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

6.37 It was recommended that such a review body<br />

should adopt an evidence-based approach and have<br />

the capacity and scope to challenge unfounded<br />

assertions, to commission its own research, to<br />

draw upon external expertise where appropriate<br />

and to make well-reasoned recommendations in an<br />

efficient and timely manner.<br />

6.38 This assessment also acknowledged that an<br />

independent pay review body would have greater<br />

capacity and flexibility to give full consideration to<br />

the interests and arguments of particular groups<br />

within the police. This contrasted with the PNB<br />

mechanism, which was found to be unable to make<br />

decisions in a timely and efficient manner and had<br />

encouraged an atmosphere of confrontation<br />

between the staff and official sides.<br />

6.39 Based upon the lessons learned from our British<br />

counterparts, together with the beneficial<br />

experiences in this jurisdiction associated with the<br />

Conroy and Ryan Inquiries, and the subsequent<br />

embittering treatment of gardaí resulting from their<br />

pay and conditions the GRA now proposes that a<br />

Garda Remuneration Review Body (GRRB) be<br />

established on a permanent footing, with the<br />

following terms of reference<br />

6.40 The review body shall provide independent binding<br />

determinations to government on the remuneration<br />

and terms and conditions of employment of gardaí.<br />

In reaching its recommendations, the review body<br />

must have regard to the following considerations:<br />

• the particular frontline role and nature of the<br />

Garda rank;<br />

• the prohibition on gardaí being members of a<br />

trade union or withdrawing their labour;<br />

• the need to recruit, retain and motivate suitably<br />

able and qualified gardaí;<br />

• the resources available to government and the<br />

representations of Garda Commissioners in<br />

respect of funding issues;<br />

• the government’s economic targets;<br />

• the government’s policies for improving public<br />

services.<br />

An agreed independent chairman, with independent<br />

secretariat support, would lead the tripartite GRRB.<br />

government, staff, independent experts, staff<br />

representatives and others.<br />

<strong>Report</strong>s and binding recommendations of the review<br />

body should be submitted to government and published.<br />

The GRRB would be responsible for determining all<br />

aspects of police remuneration, including pay,<br />

allowances, hours of duty, leave and pensions.<br />

The GRRB would apply an annual uprating mechanism to<br />

garda pay. This is the only fair and transparent method<br />

by which to determine police pay awards. Such an<br />

uprating mechanism should link police pay to an agreed<br />

index of employees’ pay in Ireland. For the purpose of<br />

minimising the prospect of ongoing conflict over the<br />

matter, any uprating mechanism should be simple,<br />

objective, transparent, based on timely information and<br />

follow rather than lead the market.<br />

The GRRB should ensure that the particular<br />

responsibilities of and restrictions on gardaí are taken<br />

into account when determining police pay.<br />

The GRRB would take a holistic view of police<br />

remuneration that allows it to take a truly strategic<br />

approach to considering police pay and conditions. It<br />

should be granted adequate flexibility in its work<br />

programme to allow for any unexpected issues that arise<br />

and not be constrained by the inefficiencies and time<br />

delays associated with the current system of<br />

Conciliation & Arbitration or the discriminatory national<br />

pay bargaining type arrangements.<br />

An integral part of the GRRB’s work should entail a<br />

programme of visits to familiarise GRRB members with<br />

the work and conditions of gardaí.<br />

To ensure that their voice is heard in the determination of<br />

garda remuneration, provisions should be made to<br />

ensure that the relevant staff associations are able to<br />

make their case to the GRRB. Hence, they should be<br />

invited to submit evidence in both an oral and written<br />

format.<br />

The GRRB should be empowered to make a formal<br />

binding determination on garda remuneration, having<br />

taken into account the submissions of interested parties<br />

and any other relevant evidence.<br />

The government shall defer to the GRRB before making<br />

regulations or determinations applying to Garda<br />

remuneration or terms and conditions of employment.<br />

The review body should be required to take account of<br />

the economic and other evidence submitted by<br />

44 Garda Representative Association


Section 1: Pay and Allowances<br />

PAy SCAlES<br />

PAy SCAlE (All RANKS) ClASS b PRSI<br />

Members who joined before 6 April 1995<br />

Garda Pt 1 Jan 2010<br />

After 12 years 14 42,429<br />

After 13 years 15 42,429<br />

After 14 years 16 42,429<br />

After 15 years 17 42,429<br />

After 16 years 18 42,429<br />

After 17 years 19 44,302<br />

PAy SCAlES (All RANKS) ClASS A PRSI<br />

Members who joined after 6 April 1995<br />

Garda Pt Jan 2010<br />

On Attestation 1 25,745<br />

After 22 weeks 2 28,302<br />

After 1 year 3 29,834<br />

After 2 years 4 32,407<br />

After 3 years 5 35,840<br />

After 4 years 6 38,110<br />

After 5 years 7 40,163<br />

After 6 years 8 42,138<br />

After 7 years 9 42,138<br />

After 8 years 10 42,138<br />

After 9 years 11 42,138<br />

After 10 years 12 42,138<br />

After 11 years 13 43,857<br />

After 12 years 14 43,857<br />

After 13 years 15 43,857<br />

After 14 years 16 43,857<br />

After 15 years 17 43,857<br />

After 16 years 18 43,857<br />

After 17 years 19 45,793<br />

Increments– Earnings between €35,000 and<br />

€5,000 – haddington Road Agreement<br />

Members on salaries between €35,000 and €65,000<br />

(inclusive of allowances in the nature of pay), there will<br />

be two 3 month increment freezes. This will take effect<br />

after the next increment is paid. Once these liabilities are<br />

discharged under the Haddington Road Agreement, no<br />

further delays arise for any of the categories.<br />

long Service Increment<br />

The Association has prepared a Statement of Claim to be<br />

brought before the Adjudicator/Arbitration in regard to<br />

the interval period being applied at long service<br />

incremental points 13 and 19 of members’ pay scale<br />

hence members’ increments at incremental points 13 and<br />

19 are not being paid for a period of three to six months<br />

after the due date. As we go to print we await the<br />

outcome of the Adjudicator.<br />

38th Annual Delegate <strong>Conference</strong><br />

45


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

PAy SCAlES<br />

Gardaí recruited after October 2013<br />

Clause 2.31 haddington Road Agreement – Garda Scale merged – October 2013<br />

FEMPI (no. 2) 2010 Comment New Cycle Clause 2.31 HRA<br />

Student Gardai €193 2010 and NRP Trainee €184<br />

(prior 2014) rates merged Gardaí<br />

62 weeks On Attestation €25,745 NRP 1st Point attestation on Attestation €23,171 32 weeks<br />

62 weeks* for 1 year…not 62 weeks 32 weeks<br />

84 weeks After 22 €28,302 NRP 2nd Point – annual Year 1 €25,472 84 weeks<br />

weeks**<br />

increment – not 22 weeks<br />

136 weeks Year 1 €29,834 2010 Scale Point Y2 Year 2 €28,302 136 weeks<br />

188 weeks Year 2 €32,407 2010 Scale Point Y3 Year 3 €29,834 188 weeks<br />

240 weeks Year 3 €35,840 2010 Scale Point 4 Year 4 €32,407 240 weeks<br />

292 weeks Year 4 €38,110 2010 Scale Point 5 Year 5 €35,840 292 weeks<br />

344 weeks Year 5 €40,163 2010 Scale Point 6 Year 6 €38,110 344 weeks<br />

396 weeks Year 6 €42,138 2010 Scale Point 7 Year 7 €40,163 396 weeks<br />

448 weeks Year 7 €42,138 2010 Scale Point 8 Year 8 €42,138 448 weeks<br />

500 weeks Year 8 €42,138 2010 Scale Point 9 Year 9 €42,138 500 weeks<br />

552 weeks Year 9 €42,138 2010 Scale Point 10 Year 10 €42,138 552 weeks<br />

604 weeks Year 10 €42,138 2010 Scale Point 11 Year 11 €42,138 604 weeks<br />

656 weeks Year 11 €43,857 2010 Scale Point 11 Year 12 €42,138 656 weeks<br />

708 weeks Year 12 €43,857 2010 Scale Point 12 Year 13 €43,857 708 weeks<br />

760 weeks Year 13 €43,857 2010 Scale Point 13 Year 14 €43,857 760 weeks<br />

812 weeks Year 14 €43,857 2010 Scale Point 14 Year 15 €43,857 812 weeks<br />

864 weeks Year 15 €43,857 2010 Scale Point 15 Year 16 €43,857 864 weeks<br />

916 weeks Year 16 €43,857 2010 Scale Point 16 Year 17 €43,857 916 weeks<br />

968 weeks Year 17 €45,793 2010 Scale Point 16 Year 18 €43,857 968 weeks<br />

2010 Scale Point 17 Year 19 €45,793 1020 weeks<br />

* The attestation rate and 22 week increment are annualised on the HRA integrated scale.<br />

4<br />

Garda Representative Association


Section 1: Pay and Allowances<br />

AllOwANCES<br />

AllOwANCES IN ThE NATuRE Of PAy– GARDAí<br />

RECRuITED AfTER 1 OCTObER 2013<br />

Allowance<br />

Amount<br />

Air Support Unit<br />

5,039.75 p.a.<br />

Collators<br />

26.01 p.a.<br />

Detective Overtime<br />

a) where it is between 5 & 8 hours 231.12 p.q.<br />

b) if average overtime exceeds 8 hrs 404.21 p.q.<br />

Dog Handlers<br />

55.24 p.q.<br />

Instructors<br />

8,062.65 p.a.<br />

Interpol<br />

2,879.00 p.a.<br />

Immigration Officers<br />

26.01 p.w.<br />

Ministerial Pool 40% of basic pay 18,317.52 p.a.<br />

PSV Inspectors<br />

5,035.00 p.a.<br />

Scenes of Crime Examiner<br />

3,046.00 p.a.<br />

Substitution<br />

38.00 p.m.<br />

Technical Bureau<br />

a) On appointment 2,886.10 p.a.<br />

b) After 3 years 4,235.10 p.a.<br />

c) After 5 years 5,386.50 p.a.<br />

Water Unit<br />

5,039.75 p.a.<br />

Welfare Officer<br />

7,793.80 p.a.<br />

NON PAy AllOwANCES – GARDAí RECRuITED<br />

AfTER 1 OCTObER 2013<br />

(Allowances increased each year in line with increases in<br />

Consumer Price Index for year ended mid November)<br />

Allowance<br />

Amount<br />

Boot<br />

2.93 p.w.<br />

Community Relations Crime Prevention 30.90 p.w.<br />

Detective<br />

30.90 p.w.<br />

Juvenile Liaison Officer<br />

30.90 p.w.<br />

Plain clothes<br />

12.21 p.w.<br />

Uniform Maintenance<br />

4.39 p.w.<br />

AllOwANCES IN ThE NATuRE Of PAy:<br />

1 jANuARy 2010<br />

members who joined before th April 15 – b PRSI<br />

Allowance<br />

Amount<br />

Air Support Unit<br />

4,873.50 p.a.<br />

Analysts<br />

7,794.75 p.a.<br />

Change Management<br />

6,239.60 p.a.<br />

Collators<br />

25.18 p.a.<br />

Designated Posts<br />

4,781.35 p.a.<br />

Detective Overtime<br />

a) where it is between 5 & 8 hours 223.49 p.q.<br />

b) if average overtime exceeds 8 hrs 390.82 p.q.<br />

Dog Handlers<br />

53.40 p.w.<br />

Gaeltacht 7.5% of basic pay<br />

3,322.63 p.a.<br />

Immigration Officers<br />

25.18 p.w.<br />

Instructors<br />

7,794.75 p.a.<br />

Interpol<br />

2,785.00 p.a.<br />

Island<br />

1,463.00 p.a.<br />

Ministerial Pool 40% of basic pay 17,720.71 p.a.<br />

Motor Technicians<br />

4,885.85 p.a.<br />

PSV Inspectors<br />

4,869.70 p.a.<br />

Radio Section<br />

5,070.00 p.a.<br />

Rent<br />

4,017.55 p.a.<br />

Scenes of Crime Examiner<br />

2,946.90 p.a.<br />

Substitution<br />

36.61 p.m.<br />

Technical Bureau<br />

a) On appointment 2,791.10 p.a.<br />

b) After 3 years 4,094.50 p.a.<br />

c) After 5 years 5,207.90 p.a.<br />

Transport<br />

i) fulltime 507.30 p.a.<br />

ii) part-time to a maximum of 60 hours 0.21 p.h.<br />

Water Unit<br />

4,873.50 p.a.<br />

Welfare Officer<br />

7,403.35 p.a.<br />

38th Annual Delegate <strong>Conference</strong><br />

4


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

AllOwANCES IN ThE NATuRE Of PAy:<br />

1 jANuARy 2010<br />

members who joined after th April 15 – A PRSI<br />

Allowance<br />

Amount<br />

Air Support Unit<br />

5,039.75 p.a.<br />

Analysts<br />

8,062.65 p.a.<br />

Change Management<br />

8,453.35 p.a.<br />

Collators<br />

26.01 p.a.<br />

Designated Posts<br />

4,942.85 p.a.<br />

Detective Overtime<br />

a) where it is between 5 & 8 hours 231.12 p.q.<br />

b) if average overtime exceeds 8 hrs 404.21 p.q.<br />

Dog Handlers<br />

55.24 p.q.<br />

Gaeltacht 7.5% of basic pay<br />

3,434.48 p.a.<br />

Immigration Officers<br />

26.01 p.w.<br />

Instructors<br />

8,062.65 p.a.<br />

Interpol<br />

2,879.00 p.a.<br />

Island<br />

1,511.45 p.a.<br />

Ministerial Pool 40% of basic pay 18,317.52 p.a.<br />

Motor Technicians<br />

5,053.05 p.a.<br />

PSV Inspectors<br />

5,035.00 p.a.<br />

Radio Section<br />

5,242.10 p.a.<br />

Rent<br />

4,155.30 p.a.<br />

Scenes of Crime Examiner<br />

3,046.00 p.a.<br />

Substitution<br />

38.00 p.m.<br />

Technical Bureau<br />

a) On appointment 2,886.10 p.a.<br />

b) After 3 years 4,235.10 p.a.<br />

c) After 5 years 5,386.50 p.a.<br />

Transport<br />

i) fulltime 524.40 p.a.<br />

ii) part-time to a maximum of 60 hours 0.22 p.h.<br />

Water Unit<br />

5,039.75 p.a.<br />

Welfare Officer<br />

7,793.80 p.a.<br />

NON PAy AllOwANCES: 1 jANuARy 2008<br />

(Allowances increased each year in line with increases in<br />

Consumer Price Index for year ended mid November)<br />

Allowance<br />

Amount<br />

Boot<br />

2.93 p.w.<br />

Community Relations Crime Prevention 30.90 p.w.<br />

Cycle<br />

2.77 p.w.<br />

Detective<br />

30.90 p.w.<br />

Juvenile Liaison Officer<br />

30.90 p.w.<br />

Plain clothes<br />

12.21 p.w.<br />

Uniform Maintenance<br />

4.39 p.w.<br />

48 Garda Representative Association


2 CONDITIONS<br />

Of<br />

EmPlOymENT<br />

jOINT PROTOCOl fOR CONSulTATION AND<br />

DISPuTE RESOluTION 201<br />

PublIC SERVICE mANAGEmENT SICK lEAVE<br />

REGulATIONS<br />

ThE O’hIGGINS COmmISSION Of INVESTIGATION<br />

mEETING wITh mINISTER fOR juSTICE AND<br />

EQuAlITy<br />

POlICING AuThORITy<br />

38th Annual Delegate <strong>Conference</strong><br />

4


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

jOINT PROTOCOl fOR<br />

CONSulTATION AND DISPuTE<br />

RESOluTION 201<br />

The Joint Protocol for Consultation and Dispute<br />

Resolution is pursuant to the civilianisation process of<br />

much of the Human Resource function at Garda<br />

Headquarters. The Association identified issues arising<br />

in respect of the resolution of matters of an operational<br />

nature with Garda Management. Additionally, there were<br />

concerns as to how the Partnership process would<br />

operate under this new disposition. These concerns<br />

were common to all Garda Staff Associations.<br />

The Garda Representative Association addressed these<br />

issues to the Garda Commissioner at meetings in early<br />

2015. We delineated the actual problems arising for the<br />

Association in endeavouring to resolve issues on a daily<br />

basis with Garda Management. The Garda Commissioner<br />

acknowledged that an inordinate time had elapsed since<br />

these procedures had been reviewed. She instructed her<br />

managers to initiate this process by setting up a working<br />

party with the staff associations.<br />

In the last quarter of 2015 a Working Party under the<br />

Chairmanship of Mr Cyril Dunne, Chief Administrative<br />

Officer and attended by Superintendent Margaret Nugent<br />

from Human Resource and People Development section<br />

at Headquarters met on a number of occasions with the<br />

four Staff Associations to discuss and address issues<br />

arising in respect of procedures and negotiations<br />

between Garda Management and the Staff Side. The<br />

negotiations did not deal solely with processes at<br />

national level but also clarified and invigorated<br />

procedures already in place at District, Divisional and<br />

Regional level.<br />

This Working Party process culminated in the parties<br />

agreeing the document “A Joint Protocol for Consultation<br />

and Dispute Resolution”. This is a welcome development<br />

and clearly charts the process for negotiation,<br />

consultation and dispute resolution for both sides into<br />

the future.<br />

This Protocol formalises the industrial relations<br />

procedure as they apply between Regional Assistant<br />

Commissioners and the Association. The latter<br />

discussions were conducted on an ad hoc basis<br />

heretofore. The<br />

agreement also provides<br />

for the establishment of<br />

a new national<br />

workplace relations<br />

forum to be chaired by<br />

an Assistant<br />

Commissioner<br />

specifically appointed<br />

for that purpose. This<br />

forum will convene at<br />

three month intervals to<br />

address issues in the<br />

workplace. There is also<br />

a review mechanism<br />

under the aegis of two<br />

Deputy Commissioners<br />

and the Chief Administrative Officer. For clarity, I point out<br />

that these protocols do not replace our existing<br />

Memorandum of Understanding which continues to<br />

apply. All rosters and working time agreement issues fall<br />

to be addressed under the rosters working time<br />

agreement. The latter has a stand-alone dispute<br />

resolution mechanism in the form of a facilitator and an<br />

accompanying oversight council.<br />

We are assured by Garda Management that the Assistant<br />

Commissioner, as specified in the protocol, will be<br />

nominated without delay. In service training on the<br />

operation of the protocols will be provided for Garda<br />

Managers.<br />

This document is a most welcome development and the<br />

agreement clearly maps the approach to consultation<br />

within the Garda organisation. It clearly provides that<br />

matters arising will be dealt with within the Garda<br />

organisation without the necessity for recourse to<br />

outside agencies.<br />

Hereunder is the agreed Joint Protocol for Consultation<br />

and Dispute Resolution:<br />

50 Garda Representative Association


Section 2: Conditions of Employment<br />

Joint Protocol for Consultation and Dispute<br />

Resolution<br />

An Garda Síochána <strong>2016</strong><br />

PREfACE<br />

This is a joint protocol for consultation and dispute<br />

resolution between the garda representative<br />

associations and garda management.<br />

It is designed to assist in creating a harmonious working<br />

environment and to ensure that any disagreements and<br />

disputes in the workplace are dealt with proactively and<br />

in a timely manner, recognising the rights and<br />

responsibilities of all concerned.<br />

With due regard to the Commissioner’s mandate to direct<br />

and control An Garda Síochána, and the nature of the<br />

essential services provided, there is a strong<br />

commitment to engaging and promoting workplace<br />

relations that support workplace safety and welfare,<br />

workforce capability, staff engagement and positive<br />

outcomes for the public.<br />

It is everyone’s responsibility to create a positive working<br />

environment. Very often issues that arise can be dealt<br />

with informally in the workplace and this protocol will not<br />

change that situation.<br />

The garda staff associations, permitted by law to<br />

represent their members, have an important role in<br />

promoting and developing good relations in the workplace.<br />

It is in this regard that this protocol will be utilised to<br />

engage with the staff associations in a meaningful way in<br />

modernising and transforming An Garda Síochána<br />

through consultation, participation and co- operation.<br />

In addition and in line with best practice a national<br />

communications mechanism will be established at Garda<br />

Headquarters and locally to advise all members and<br />

employees directly on workplace changes and to involve<br />

them in user groups and other workplace change<br />

initiatives as necessary.<br />

Managers of all ranks are encouraged to positively<br />

influence the working environment by demonstrating<br />

leadership and open dialogue in the pursuit of<br />

constructive working relationships at all levels. It is<br />

recognised that training is essential to equip managers<br />

to discharge their functions to operate this protocol in an<br />

effective manner and in this regard a training programme<br />

has been developed and will be delivered to all Officers.<br />

This protocol does not replace the existing Memorandum<br />

of Understanding. In addition all rosters and working time<br />

issues will be dealt with under the provisions of the<br />

Rosters Working Time Agreement (WTA), which has a<br />

stand-alone dispute resolution mechanism in the form of<br />

a facilitator and an oversight council.<br />

ObjECTIVES<br />

Healthy workplace relations are key to the success of the<br />

garda service; therefore, having a suitable protocol for<br />

employee engagement and to resolve workplace issues<br />

is essential.<br />

The main objective of this document is to provide a clear<br />

and definitive protocol for consultation, communications<br />

and dispute resolution on matters which affect members<br />

of An Garda Síochána. It is anticipated, through the correct<br />

application of this protocol, that there will be minimum<br />

disruption or delay in resolving issues and bringing about<br />

change and innovation within An Garda Síochána.<br />

Policing is an essential service and this protocol will be<br />

recognised as a code of practice within An Garda<br />

Síochána both as part of the engagement and<br />

consultation process and for the resolution of workplace<br />

disputes, to ensure stability and continuity of service.<br />

Similar to the Memorandum of Understanding, this<br />

protocol is informal in nature, and both garda<br />

management and the representative associations<br />

recognise that it may be legitimately referred to, if<br />

necessary, in any discussions that may take place.<br />

This protocol will not replace the existing industrial<br />

relations machinery that currently operates between the<br />

Department of Justice and Equality and the representative<br />

associations nor is it intended to replace the existing<br />

Consultative Council or the Grievance Procedure or other<br />

workplace policies in An Garda Síochána.<br />

PRINCIPlES<br />

The parties to this protocol recognise the paramount<br />

importance of positive workplace engagement within An<br />

Garda Síochána. While recognising the Commissioner’s<br />

mandate to direct and control An Garda Síochána, all<br />

parties commit to ongoing dialogue and exchange of<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

views with the objective of reaching agreement, where<br />

possible, within appropriate timescales to deliver high<br />

quality outcomes that deliver value to the public. All<br />

dealings will be based on honesty, respect and trust,<br />

promoting understanding and mutual problem solving.<br />

When embarking on change initiatives that will have a<br />

significant effect on staff, the consultation process will<br />

commence early, to confer with the representative<br />

associations on the nature of the changes involved and<br />

the reasons for them so that staff will have adequate<br />

notice of the changes and the impact on them, while<br />

allowing management to take on board feedback and<br />

suggestions. Management will provide full and frank<br />

feedback on how the consultative process with the<br />

representative associations has influenced the final<br />

outcome. Where a matter raised by the representative<br />

associations cannot be accommodated, the reason for<br />

same will be clearly articulated by management. Where<br />

employee issues are local matters, they will be dealt with<br />

locally at District or Divisional level. Officers at Human<br />

Resources and People Development will be accessible at<br />

all times to provide ongoing support and advice to assist<br />

in resolving issues.<br />

mATTERS APPROPRIATE TO ThE PROTOCOlS<br />

As a general guideline matters appropriate for discussion<br />

under these protocols relate to (i) changes that will have<br />

a significant effect on staff and/or (ii) unresolved<br />

workplace disputes on collective issues. This protocol<br />

recognises that the primary responsibility for dealing<br />

proactively with employee relations issues and the<br />

resolution of disputes rests with garda management and<br />

the representative associations. In this regard, it is the<br />

intention of these protocols to outline the responsibility<br />

on both garda management and the representative<br />

associations to:<br />

• Engage on appropriate and practical arrangements for<br />

implementing workplace changes and resolving<br />

disputes on collective matters in a timely manner;<br />

• Observe and implement the terms of agreements;<br />

• Refrain from any actions which would be in<br />

contravention of agreements.<br />

wORKPlACE RElATIONS fORA<br />

National and Local Workplace Relations Fora will be<br />

established to ensure effective consultation and cooperation.<br />

In addition a new three tier structure will be<br />

established for resolving work place disputes.<br />

NATIONAl wORKPlACE RElATIONS fORum<br />

A National Garda Workplace Relations Forum will be<br />

established to deal proactively with workplace matters,<br />

and will convene every three months between the<br />

Commissioner’s representatives and the four garda<br />

representative associations.<br />

This forum will serve to:<br />

• Inform the representative associations of national<br />

workplace innovations and the rationale;<br />

• Encourage and promote a constructive relationship<br />

between An Garda Síochána and the representative<br />

associations through effective communication and<br />

consultation;<br />

• Facilitate consultation and dispute resolution on<br />

industrial relations issues;<br />

• Reduce potential industrial conflict through the<br />

development of a positive employee relations<br />

environment;<br />

• Provide a regular forum for the exchange of ideas,<br />

opinions and information ;<br />

• Proactively obtain input and feedback from the staff<br />

associations on issues affecting An Garda Síochána<br />

and its employees;<br />

• Engage in a meaningful way in modernising and<br />

transforming An Garda Síochána through<br />

consultation, participation and co-operation;<br />

• Jointly own and implement the action plans with clear<br />

terms of reference and timeframes;<br />

• Ensure a participative approach to resolving issues<br />

and challenges generally;<br />

• Promote compliance with legislative and policy<br />

frameworks concerning health, safety and welfare.<br />

In line with best practice a national communications<br />

mechanism will be established at Garda Headquarters to<br />

advise on workplace changes. This mechanism will also<br />

involve members in user groups and other work place<br />

change initiatives where necessary.<br />

It is recognised that in certain circumstances, the<br />

representative associations may exercise their rights<br />

under the agreed Conciliation and Arbitration Scheme;<br />

however, this should not detract from co-operation with<br />

workplace change. In these circumstances management<br />

will make every effort to understand the perspective of<br />

52 Garda Representative Association


Section 2: Conditions of Employment<br />

the representative associations and will seek to have an<br />

early determination of the matter at the appropriate forum.<br />

PARTICIPANTS ON NATIONAl wORKPlACE<br />

RElATIONS fORum<br />

The National Work Place Relations Forum will be chaired<br />

by a specially appointed Assistant Commissioner. It will<br />

comprise the President and the General Secretary of<br />

each representative association and may be attended by<br />

appropriate management and support staff from Human<br />

Resources and People Development, including the<br />

Executive Director of Human Resources and People<br />

Development. An official from the representative<br />

association may be substituted on this forum. There will<br />

be occasions when other members of garda<br />

management will attend the forum for the purpose of<br />

engaging with the representative associations. In certain<br />

circumstances working groups under the auspices of<br />

this forum may be established with clear terms of<br />

references and timeframes for completion of projects.<br />

lOCAl wORKPlACE RElATIONS fORum<br />

Management at local level will ensure they are accessible<br />

to members from the representative associations.<br />

Divisional and District Officers will establish a local<br />

workplace relations forum whereby meetings with the<br />

representative associations will be held at least once a<br />

quarter or more often if necessary. In smaller divisions, it<br />

may be appropriate to combine the Divisional and District<br />

local workplace relations fora.<br />

The objectives of these fora are to:<br />

• Promote consultation and engagement at a local level;<br />

• Facilitate communication at the local level between<br />

representative association nominees and garda<br />

management;<br />

• Provide a forum for issues to be resolved at a local<br />

level.<br />

REGIONAl mEETINGS<br />

Notwithstanding the mechanisms for consultation and<br />

dispute resolution provided for within this Protocol, each<br />

Regional Assistant Commissioner shall meet with the<br />

Divisional representatives from all of the four<br />

representative associations within their area of<br />

responsibility. Garda management and the<br />

representative associations should maximise the<br />

potential of these meetings to address any matters that<br />

may be specific to the region. Each Assistant<br />

Commissioner should strive to meet the representative<br />

associations twice a year.<br />

It is envisaged that such meetings will provide additional<br />

access for the representative associations to senior<br />

garda management within the region, whilst at the same<br />

time ensuring local issues and work related conflicts at<br />

regional level are addressed. The current arrangements<br />

whereby the Assistant Commissioner DMR meets with<br />

representative associations at regular intervals will<br />

continue.<br />

DEAlING wITh wORKPlACE DISPuTES IN A<br />

TImEly mANNER<br />

Garda management and the representative associations<br />

recognise the importance of effective arrangements in<br />

resolving disputes in a timely manner and as close as<br />

possible to the point of occurrence. The parties agree to<br />

abide by the following principles in dealing with<br />

workplace relations disputes that arise.<br />

• The parties agree to conduct all employee relations<br />

discussions in an atmosphere conducive to reaching<br />

agreement through open dialogue and an honest and<br />

frank exchange of views;<br />

• The parties commit to maximising the possibility of the<br />

resolution of issues within An Garda Síochána in a<br />

timely and consistent manner.<br />

The Protocols for processing issues at all levels will involve:<br />

• Each stage being progressed in a timely manner;<br />

• Real engagement on the issue before escalation.<br />

It is desirable that all disputes and industrial relations<br />

matters are concluded within three months. If a matter is<br />

not concluded due to its complexity, a report will issue<br />

providing a comprehensive update on the progress and<br />

expected conclusion date.<br />

ThREE TIER DISPuTE RESOluTION PROCESS<br />

The following three tier process will apply with an<br />

emphasis on resolving issues at the lowest possible<br />

level. The timeframe for concluding matters at each tier is<br />

one month.<br />

Before this procedure is invoked members are<br />

encouraged to have a frank and open discussion with<br />

their local management where they perceive an industrial<br />

relations issue.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Tier 1 – District level/ Section<br />

District matters of concern or Industrial relations issues<br />

that arise should in the first instance be resolved at the<br />

district/section level with the assistance of local<br />

members from the representative body who raised the<br />

matter. Every effort will be made to resolve the issue<br />

locally and the District Officer/Superintendent may<br />

facilitate whatever meetings are necessary in order to<br />

reach a solution. If a satisfactory outcome cannot be<br />

achieved the District Officer/Superintendent and the<br />

local representative may escalate the matter to Tier 2.<br />

Tier 2 – Divisional level/Section<br />

Divisional matters of concern or Industrial relations<br />

issues that fail to be resolved at a District/Section level<br />

will be adjudicated on by the Divisional Officer/Chief<br />

Superintendent. Every effort will be made to resolve the<br />

matter at this level and the Divisional Officer/Chief<br />

Superintendent may facilitate whatever meetings are<br />

necessary in order to reach a satisfactory outcome<br />

where possible. Only failing a mutually satisfactory<br />

outcome, should the issue be escalated to Tier 3.<br />

Tier 3 – National level<br />

National matters of concern or Industrial relations issues<br />

that fail to be resolved at Divisional/Sectional level may<br />

be escalated to National level and will be sent to the<br />

specially appointed Assistant Commissioner for<br />

consideration. This Assistant Commissioner will deal<br />

with matters raised by all ranks up to and including<br />

Superintendent level. In order to have a matter examined<br />

at this level it will be necessary for the General Secretary<br />

or Deputy General Secretary of the relevant association<br />

to write to the specific Assistant Commissioner outlining<br />

the national matter of concern /industrial relations issue<br />

that has arisen. The Assistant Commissioner will be<br />

required to convene a meeting if necessary, to consider<br />

the issue from all perspectives and to synthesise the<br />

views, where necessary, in an effort to reconcile the<br />

different opinions, while treating all parties with<br />

understanding, openness and frankness with a view to<br />

reaching a position that is mutually beneficial, while<br />

ensuring the public gets the policing service it deserves.<br />

The Assistant Commissioner will if it is a policing matter,<br />

revert to the General Secretary with a response in writing<br />

within a reasonable time frame. Where national matters<br />

of concern or industrial relations issues are, by<br />

agreement not considered to be operational policing<br />

matters they may be escalated directly to the Executive<br />

Director of Human Resources and People Development.<br />

National Matters of concern or industrial relations issues<br />

raised by Divisional Officers/ Chief Superintendents will<br />

be sent in writing to Deputy Commissioner Strategy and<br />

Change Management for consideration.<br />

OffICERS<br />

Where an Officer of Superintendent rank perceives an<br />

industrial relations issue every effort will be made in the<br />

first instance to resolve it at Divisional/Sectional level<br />

with the assistance of their local staff representative and<br />

the Divisional Officer/Chief Superintendent. The Divisional<br />

Officer/Chief Superintendent will facilitate whatever<br />

meetings are necessary in order to try to reach a solution.<br />

If a satisfactory outcome cannot be achieved the District<br />

Officer/Superintendent and their local representative may<br />

escalate the matter to the local Assistant Commissioner<br />

who will make every effort to resolve the matter at that<br />

level. If a satisfactory outcome cannot be achieved the<br />

matter may be escalated by the District<br />

Officer/Superintendent and their local representative to<br />

the National level described above at Tier 3.<br />

When an Officer of Chief Superintendent rank perceives<br />

they have an industrial relations issue he/she will have a<br />

frank and open discussion with their local Assistant<br />

Commissioner. If a satisfactory outcome cannot be<br />

achieved, the Divisional Officer/Chief Superintendent and<br />

their local representative may escalate the matter to<br />

National Level as described above at Tier 3.<br />

REVIEw mEChANISm<br />

This procedure may be used as an internal mechanism of<br />

last resort for the representative bodies to seek a review<br />

of a decision made by the Chairman of the National<br />

Workplace Relations Forum or by a decision made at Tier<br />

3 concerning workplace disputes. This request for a<br />

review of a decision should be used sparingly and the<br />

representative body must clearly state the grounds for<br />

their request in writing to Deputy Commissioner Strategy<br />

and Change Management.<br />

The request for a review of a decision will be considered<br />

by the garda executive leadership team namely the two<br />

Deputy Commissioners and the Chief Administrative<br />

Officer. Deputy Commissioner Strategy and Change<br />

Management will chair this deliberative process. Full<br />

details of the grounds for a request for a review should<br />

be documented by the appropriate representative<br />

association. The Chairman of the National Workplace<br />

Relations Forum will document the rationale for the<br />

decision made at that forum. Similarly, the rationale for<br />

decisions made at tier 3 will be documented. The review<br />

may be considered by way of an evaluation of the<br />

documents. Where sought the representative bodies<br />

shall be given a right of audience to present their case to<br />

the garda executive leadership team. The outcome of<br />

this review will be communicated in writing by Deputy<br />

Commissioner Strategy and Change Management to the<br />

representative association and to the Commissioner<br />

without undue delay.<br />

54 Garda Representative Association


Section 2: Conditions of Employment<br />

CONfIDENTIAlITy<br />

In the spirit of this Protocol, all parties will be expected to<br />

respect and maintain the confidentiality of information<br />

they are given access to, where the disclosure would<br />

harm the functioning of, or would be prejudicial to, An<br />

Garda Síochána, while at the same time maintaining the<br />

right to raise genuine concerns.<br />

REVIEw AND mONITORING<br />

The progress and successful operation of this protocol<br />

will be monitored on an ongoing basis by the Executive<br />

Director of Human Resources and People Development. It<br />

is imperative to ensure that the Protocols are adhered to<br />

by all parties. Where either side in a dispute feels the<br />

other party has breached the protocol, the matter should<br />

be referred in writing for the immediate attention of<br />

Deputy Commissioner Strategy and Change<br />

Management for consideration of the garda executive<br />

leadership team namely the two Deputy Commissioners<br />

and the Chief Administrative Officer. This process will be<br />

chaired by Deputy Commissioner Strategy and Change<br />

Management who will ensure the effective operation of<br />

the protocols.<br />

To ensure success in the administration and operation of<br />

these protocols it is essential that all correspondence<br />

between the garda representative associations and<br />

garda management is channelled by email to a specially<br />

designated email address to facilitate appropriate<br />

tracking, monitoring and responses to all<br />

correspondence.<br />

The parties to this Protocol may seek a review within two<br />

years from the date of this agreement or earlier if<br />

considered necessary by either side.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

PublIC SERVICE mANAGEmENT<br />

SICK lEAVE REGulATIONS<br />

As you are aware the Garda Representative Association<br />

strongly objected both to the manner and the contents of<br />

the Garda Síochána Public Service Sick Regulations (S.I. No.<br />

124 of 2014); particularly as at the time we were involved<br />

in a working group which was clearly set out in our<br />

applications to the High Court and the Court of Appeal. The<br />

new regulations have created considerable, and in some<br />

cases insurmountable difficulties for members of the force<br />

particularly concerning the issue of reclassification of injuries.<br />

The failure to acknowledge that members were injured on<br />

duty at all continues to exacerbate our position. The GRA is<br />

concerned that some of the provisions in the regulations<br />

are both incoherent, irrational and are lacking in clarity.<br />

Both the High Court and the Court of Appeal found in favour<br />

of the State without examining in detail the regulations<br />

themselves. However, despite the fact that the Association<br />

did not succeed with their action, the Association were<br />

allowed all of their costs in the High Court including the<br />

interlocutory application and almost two thirds of their<br />

costs in the Court of Appeal. As such it can be seen that the<br />

courts were sympathetic to the Association’s cause.<br />

The Association has instructed our Solicitor, Martin<br />

Moran & Co., to proceed by way of application for leave<br />

and notice of appeal to the Supreme Court on the basis<br />

that the action raises very significant issues both of<br />

public policy and of accountability, and that An Garda<br />

Síochána were the only class of public servants who had<br />

their terms and conditions of employment altered by the<br />

new regulations against their will. It is also pleaded that<br />

the State failed to comply with fair procedures and the<br />

association had a legitimate expectation that the talks<br />

would conclude in a reasonable manner.<br />

It is evident that the new Sick Regulations have created<br />

acute difficulties for some members of An Garda<br />

Síochána owing to the retrospective application of the<br />

four-year rolling period. Members are not being properly<br />

classified as having been injured on duty and this<br />

continues to cause problems for individual members at a<br />

difficult time. We have raised these matters with Garda<br />

Management and continue to seek resolution.<br />

There is inherent unfairness incorporated in the new<br />

regulations that puts great strain and hardship on some<br />

of our members when they are at their most vulnerable –<br />

especially those who have suffered critical illnesses over<br />

the past four years. Where it may benefit members to<br />

have a period of such absence prior to 31st March 2014<br />

re-categorised as being due to “critical illness” members<br />

should apprise themselves of the contents of HQ<br />

Directive 21/2015 and apply for same.<br />

AmENDmENTS TO REGulATIONS<br />

The Regulations were amended to reflect improvements<br />

in regard to pregnancy related sick.<br />

Since March 2014 the Public Service Sick Leave Scheme<br />

provides that:<br />

• No woman shall be paid less than half pay while<br />

absent for a pregnancy related illness<br />

• A woman who has availed of pregnancy related sick<br />

leave will have access to additional sick leave at half<br />

pay equivalent to the period for which she was on<br />

pregnancy related sick leave at half pay.<br />

The amendment to the Regulations means that in addition<br />

to the provisions above, access to additional sick leave at<br />

the half rate of pay will be allowed for all pregnancy<br />

related sick leave (i.e. not just sick leave taken at half pay).<br />

The amended Sick Leave Regulations provides that:<br />

1. Transitional Arrangement: Discount all pregnancyrelated<br />

sick leave that occurred before the<br />

introduction of the new Public Service Sick Leave<br />

Scheme for the purpose of calculating access to paid<br />

sick leave under the current scheme.<br />

2. Ongoing Arrangement: A woman who has<br />

exhausted her access to paid sick leave due to<br />

pregnancy-related sick leave in the previous 4 years<br />

may have access to additional non-pregnancy related<br />

sick leave at the half rate of pay.<br />

The number of additional days allowed:<br />

• Will be the equivalent number of days taken on<br />

pregnancy related sick leave in the four years;<br />

• Must not exceed normal sick leave limits (e.g. 183<br />

days) for non-pregnancy related sick leave (when<br />

counted with other non-pregnancy related sick leave<br />

in the previous four years).<br />

The provisions are now included in the Public Service<br />

Management (Sick Leave) (Amendment) Regulations (S.I.<br />

No. 384 of 2015) and are effective from 31st March<br />

2014. HQ Directive 97/2015 refers.<br />

5<br />

Garda Representative Association


ThE O’hIGGINS COmmISSION<br />

Of INVESTIGATION<br />

The O’Higgins Commission has been taking evidence on<br />

a series of allegations that were made against members<br />

in the Bailieborough District of the Cavan/Monaghan<br />

Division. This process is now in the concluding phases<br />

and an interim report has been prepared and distributed<br />

to each of the witnesses. We now await the outcome of<br />

final submissions made to the final report of the<br />

O’Higgins Commission of Investigation. All of the<br />

witnesses are legally precluded from any public<br />

statement on the Commission until the publication of the<br />

<strong>Report</strong>.<br />

The Garda Representative Association has continued to<br />

provide those members of Garda rank with every<br />

assistance by way of legal assistance and appropriate<br />

representation. The position of the Association has not<br />

changed or altered since the allegations were first made;<br />

and our message has been consistent – we wanted a full<br />

independent investigation of the allegations made<br />

against members, who, in most instances had already<br />

answered to Garda Management or in some instances to<br />

the Garda Síochána Ombudsman Commission.<br />

The Commission was established and terms of reference<br />

outlined as a result of the Guerin <strong>Report</strong> published in May<br />

2014.<br />

The Government published a report detailing specific<br />

allegations against members, giving them no chance to<br />

defend their reputation, offer explanation or<br />

contextualise the circumstances. The Association<br />

carried out a coordinated campaign of public relations,<br />

legal action and political communication to lobby the<br />

Government to establish the Commission of Inquiry. We<br />

were able to provide a dissenting argument to counterdefine<br />

the one-sided versions seized upon by<br />

mainstream media organisations. This Association<br />

asserted at every opportunity that the Commission of<br />

Investigation should be expedient.<br />

We have continually raised concerns over the lack of<br />

supervision of young inexperienced Gardaí. We were not<br />

alone in this conclusion. The addendum to the report by<br />

the Garda Inspectorate into the Crime Investigation<br />

examined the Guerin <strong>Report</strong> to see if there was any<br />

crossover – and the findings suggested the same<br />

outcome that we suggested – that too many<br />

inexperienced Gardaí lacked supervision and continual<br />

professional development training.<br />

It has become widespread within the organisation that<br />

the Garda Síochána Discipline Regulations have been<br />

used as a means of aversion training; where members<br />

learn through being punished for their mistakes – rather<br />

than receiving appropriate training before being assigned<br />

to complete investigations.<br />

When the final report of the O’Higgins Commission of<br />

Investigation is published, the Association will have been<br />

at the forefront throughout.<br />

Senior Counsel Mr Sean Guerin had prepared an initial<br />

report to examine these allegations. The Guerin <strong>Report</strong><br />

was tasked with producing “an independent review and<br />

undertake a thorough examination of the action taken” as<br />

well as to interview “Sgt Maurice McCabe and any other<br />

such person as may be considered necessary and<br />

capable of providing relevant and material assistance”. It<br />

recommended a full judicial inquiry into cases alleged to<br />

have been ‘seriously mishandled’ by Gardaí in the<br />

Bailieborough District where Sergeant McCabe served as<br />

sergeant in charge from October 2004 until 2008. This<br />

Guerin <strong>Report</strong> ‘anonymised’ Gardaí using the phonetic<br />

alphabet.


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

mEETING wITh mINISTER fOR<br />

juSTICE AND EQuAlITy<br />

A delegation from the Garda Representative Association<br />

attended a meeting with the Minister for Justice and<br />

Equality, Frances Fitzgerald, on 4 November 2015. The<br />

GRA delegation presented the decisions arising from the<br />

Central Executive Committee meeting of the previous<br />

day on the rejection on the ballot of the Lansdowne Road<br />

proposals.<br />

The Minister agreed to seek that the Review of An Garda<br />

Síochána, under the Haddington Road Agreement, would<br />

be finalised by the end of February <strong>2016</strong>, as requested.<br />

The Minister directed those Department officials present<br />

at the meeting to address the issues accordingly.<br />

The Minister also directed the officials to meet with the<br />

Association the following week and further advised that<br />

she would endeavour to organise a meeting with Minister<br />

Howlin and his officials from the Department of Public<br />

Expenditure and Reform.<br />

The critical question posed by the Association was<br />

towards the forthcoming Financial Emergency Measures<br />

in the Public Interest Act [2015] in a concerted effort to<br />

prevent any negative impact pertaining to our<br />

membership. The Minister for Justice and Equality was<br />

‘quietly confident’ that these matters could be addressed<br />

satisfactorily through the Review of An Garda Síochána.<br />

In this context, the Minister was prepared to<br />

acknowledge the significant changes in work practices<br />

as a result of the recent PULSE introduction on Crime<br />

Management and also Victim Assessment; and<br />

expressed the view that those issues perhaps should<br />

have been looked at in the context of the Lansdowne<br />

Road Agreement discussions.<br />

The GRA delegation advised the Minister of an overview<br />

of the discussions that occurred on the Lansdowne Road<br />

Agreement. The Association further advised the Minister<br />

that the question of working unpaid additional hours’ by<br />

members of the Association was no longer an option.<br />

The Minister hoped that the matter of<br />

• rent allowance for new entrants would be addressed<br />

under the Review of an Garda Síochána;<br />

• she agreed to fast-track legislation – which is ready –<br />

on the detention of prisoners for Public Order<br />

Offences;<br />

• to raise our concerns on lack of involvement on Fleet<br />

Management; and<br />

• is not opposed to carrying out an Optimum Number<br />

Survey and informed us that further talks can be held<br />

with the officials from the Department of Justice and<br />

Equality.<br />

INCORRECT RATE Of AllOwANCE PAID TO<br />

mEmbERS Of GARDA RANK POST 15<br />

The Association highlighted to the Minister that members<br />

employed post-1995 are being paid the incorrect rate of<br />

allowances in the nature of pay. We pointed out that<br />

there were two rates of allowances pre- and post-<br />

1995rates. The allowance was grossed up in April 1995<br />

to take account of the higher rate of PRSI and, thus far,<br />

members of Garda rank are in receipt of the incorrect<br />

rate. The delegation submitted the relevant<br />

documentation and the Minister undertook to have the<br />

officials address same.<br />

PAymENT Of CERTAIN PENSION<br />

CONTRIbuTIONS by POST 15 ENTRANTS –<br />

GARDA CONCIlIATION AGREED REPORT NO. 1<br />

The Association informed the Minister that agreement<br />

was recorded at the Conciliation Council (Agreed <strong>Report</strong><br />

No. 671) on the 28thNovember 2006 for the payment by<br />

all members of the Garda Síochána, who pay personal<br />

pension contributions (PPC), to pay periodic pension<br />

contributions on pensionable allowances instead of a<br />

lump sum contribution on retirement. This part of the<br />

agreement has not been implemented to date. Due to this<br />

failure to implement the agreement to date, no<br />

deductions have been applied to members’ pay. At this<br />

point, it would be unfair and improper to suddenly expect<br />

members to be liable for any residual arrears. The<br />

necessary documentation was presented to the Minister.<br />

58 Garda Representative Association


Section 2: Conditions of Employment<br />

POlICING AuThORITy<br />

The Policing Authority was established with effect from 1<br />

January <strong>2016</strong> as part of the government’s justice reform<br />

programme. This Association has repeatedly called for<br />

the establishment of an independent police authority.<br />

The Garda Representative Association conference in<br />

1979 directed the executive to negotiate the<br />

establishment of a police authority –representation was<br />

made to the Department of Justice with ‘negative<br />

results’. This call remained as policy and repeated<br />

regularly since. Officers of the GRA will be consulting<br />

with the Authority on the forthcoming Code of Ethics.<br />

Policing is a public service and function best completed<br />

by professionals accountable to the community they<br />

serve, not to the narrow interests of politics. An<br />

independent police authority remains the modern<br />

practical solution to separate political power from the<br />

power to arrest and detain.<br />

The Police Authority has recruited staff and has been<br />

‘establishing internal processes and procedures and<br />

other practical matters’.<br />

ThREE COmmITTEES Of ThE AuThORITy<br />

• A Policing Strategy and Performance Committee,<br />

chaired by Judith Gillespie, to develop a framework to<br />

enable the Authority to fulfil its statutory<br />

responsibilities in overseeing Garda performance in<br />

relation to policing, including preparation for the next<br />

Garda Strategy Statement;<br />

• A Code of Ethics Committee, chaired by Pat Costello,<br />

to develop the Authority’s approach to the process of<br />

drafting a Garda Code of Ethics and to oversee the<br />

preparation of a Code within 12 months;<br />

• An Appointments Committee, chaired by Valerie<br />

Judge, to develop Authority policy and oversee the<br />

preparations for the commencement of the legal<br />

provisions which will make the Policing Authority the<br />

appointing authority for senior ranks and civilian<br />

positions in the Garda Síochána.<br />

In future, the Policing Plan will be approved by the<br />

Authority, which will also be considering policing<br />

priorities, resources and performance targets.<br />

The Policing Authority has been established as an<br />

independent body to oversee the performance of the<br />

Garda Síochána in relation to policing services in Ireland<br />

in order to promote public trust and confidence in<br />

policing and help shape policing services to meet the<br />

challenges of a modern Ireland. The Authority was<br />

established by the enactment of the Garda Síochána<br />

(Policing Authority and Miscellaneous Provisions) Act<br />

2015 on 18 December 2015. It was then formally<br />

established on 1 January <strong>2016</strong>.<br />

The Chairperson and members of the Authority were<br />

selected for appointment following selection processes<br />

run by the Public Appointments Service. Authority<br />

members are appointed for a term of three or four years,<br />

but may be reappointed for a further term subject to a<br />

maximum of eight years. Members of the Oireachtas or<br />

Local Authorities, serving members of the Garda<br />

Síochána, GSOC or the Garda Inspectorate are not<br />

eligible to be members of the Authority.<br />

The main function of the Authority will be to oversee the<br />

performance by the Garda Síochána of its functions<br />

relating to policing services. The Policing Authority is<br />

established as a statutorily independent body and it is<br />

independent in the performance of its functions under<br />

the legislation. The Authority’s functions include:<br />

• keeping under review the adequacy in the Garda<br />

Síochána of:<br />

1. the corporate governance arrangements and<br />

structures;<br />

2. the arrangements for the recruitment, training<br />

and development of the members and members<br />

of the civilian staff;<br />

3. the mechanisms in place for the measurement<br />

of performance and accountability of members<br />

and civilian staff; and<br />

4. the arrangements for managing and deploying<br />

the available resources.<br />

• regular meetings with the Garda Commissioner, at<br />

least four of which will be held in public each year and<br />

broadcast;<br />

• nominating persons for appointment by the<br />

Government to the posts of Garda Commissioner and<br />

Deputy Garda Commissioner, and recommending their<br />

removal in certain circumstances,;<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

• appointing persons to the ranks of Superintendent,<br />

Chief Superintendent and Assistant Commissioner<br />

(and removing them for reasons related to policing<br />

services);<br />

• exercising the current functions of the Minister in<br />

relation to Joint Policing Committees.<br />

• determining (with the approval of the Minister) Garda<br />

priorities in relation to policing services;<br />

• approving (with the consent of the Minister) the three<br />

year Garda strategy statement;<br />

• approving (with the consent of the Minister) the<br />

annual policing plan;<br />

• establishing a Garda code of ethics;<br />

• promoting and supporting the continuous<br />

improvement of policing in the State;<br />

• accounting, as appropriate, to the Public Accounts<br />

Committee and to other Oireachtas Committees;<br />

• monitoring, assessing and reporting to the Minister on<br />

the measures taken by the Garda Síochána in relation<br />

to recommendations made in a report of the Garda<br />

Síochána Inspectorate;<br />

• requesting the Garda Síochána Inspectorate and/or<br />

the Garda Síochána Ombudsman Commission to<br />

initiate an inspection or inquiry or to examine Garda<br />

practices or procedures; and<br />

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3 Sub-COmmITTEE<br />

REPORTS<br />

ACCOmmODATION • ChANGE mANAGEmENT<br />

• hEAlTh AND SAfETy • lEGAl ASSISTANCE • uNIfORm<br />

• wElfARE • GARDA bENEVOlENT TRuST fuND<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

ACCOmmODATION<br />

1. wORKS COmPlETED 2015/201<br />

1.1 Dundrum Garda Station<br />

Refurbishment works at Dundrum Garda station were<br />

carried out in two phases. Phase 1 refurbishment works<br />

to the former Dundrum Courthouse on the grounds of the<br />

Garda station were completed in March 2013 and provide<br />

additional accommodation for An Garda Síochána.<br />

Phase 2 works, which commenced in 30 June 2014,<br />

provide for the complete modernisation and<br />

redevelopment of the Garda Station and were carried out<br />

in two stages under a single contract to allow for the<br />

continued operation of the Garda Station. The works<br />

involved the demolition of two existing single storey<br />

structures and the construction of a two storey structure<br />

and a full refurbishment of the station which provided a<br />

new public office, parade room, custody suite, office<br />

accommodation in addition to male and female changing<br />

facilities and a canteen.<br />

The major upgrade of Dundrum Garda Station was<br />

completed in November 2015.<br />

1.2 wicklow Garda Station<br />

This project, which was completed in 2015, involved the<br />

renovation of the ‘Old’ Wicklow Garda Station in Church<br />

Street, Wicklow which is adjacent to the Garda Station, at<br />

Bachelor’s Walk. It facilitated the transfer of certain<br />

personnel and offices including various administration<br />

functions of Wicklow Garda District from the present<br />

station to the newly renovated former Garda Station. The<br />

wall dividing the former and current Garda Station has<br />

been removed thus providing a link between the two<br />

stations and limited extra parking facilities. As well as<br />

building compliance works and restoration works,<br />

several fine reception rooms in the old Station have been<br />

renovated to be used for training purposes.<br />

1.3 Garda College<br />

The OPW has developed a programme of works to<br />

improve fire safety at the accommodation blocks at the<br />

Garda College, Templemore, to be carried out in three<br />

phases:<br />

Phase 1 involved carrying out fire safety upgrade works<br />

to the accommodation blocks, Áras Chú Chulainn, Áras<br />

Oisín, Áras Gráinne and Áras Fhirdia. The works provided<br />

for fire safety measures in the attic, the vertical risers<br />

and the installation of new fire rated doors and surrounds<br />

to each bedroom, together with new ironmongery. The<br />

works were completed in September 2013.<br />

Phase 2 – The fire safety upgrade works to the remaining<br />

three blocks, Áras Chlainne Lir, Áras Dheirdre and Áras<br />

Mhéibhe will be carried out in a further 2 phases. These<br />

buildings are older than those upgraded during Phase 1<br />

and require additional works.<br />

The works to Áras Chlainne Lir, which also include an<br />

upgrade to the existing bedroom en-suites, were<br />

completed in 2015.<br />

1.4 Dundalk<br />

This project, completed in April 2015, provided permanent<br />

accommodation for Northern Region RSU. The project<br />

included an extension to the Station to provide<br />

accommodation for the RSU (workspace, shower and<br />

locker facilities) and also resolved some historical<br />

accommodation issues at Dundalk Garda Station with the<br />

additional space the extension brought.<br />

1.5 Elphin<br />

Works to provide a new Garda station at Elphin were<br />

completed in summer 2015 and the station was handed<br />

over to local management on 7 July 2015. The new<br />

Station provides improved working conditions for Garda<br />

members and enhanced facilities for engaging with<br />

members of the public.<br />

1. Galway – Specialist Victim Interview Suite<br />

The refurbishment of a facility for An Garda Síochána at<br />

the Plaza, Headford Road, Galway for use as a Specialist<br />

Victim Interview Suite was completed and handed over<br />

to An Garda Síochána in January <strong>2016</strong>.<br />

1. Newport Garda Station, Co. Tipperary<br />

Works have been undertaken at Newport Garda Station<br />

which entails the construction of a small single story<br />

extension to the rear, and the internal refurbishment of<br />

the existing Station. Works commenced in November<br />

2015 and the works are expected to be completed by the<br />

end of March <strong>2016</strong>. A temporary lease has been taken out<br />

on offices in proximity to the Garda Station for the<br />

provision of a temporary Garda Station, which has been<br />

extended to mid April <strong>2016</strong>.<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

1.8 Clonmel – fit out of adjacent OPw property<br />

(former fáS Office)<br />

The former FÁS Offices across the road from the existing<br />

Garda Station in Clonmel have been allocated to An Garda<br />

Síochána by the OPW following discussions with Garda<br />

Housing. Various Garda functions including those relating<br />

to Immigration and Juvenile Liaison are to be re-located to<br />

this building. This will alleviate congestion and Health &<br />

Safety concerns as these offices, which are visited daily<br />

by members of the public, are currently located in an<br />

upstairs area of the Garda station. Upgrade works have<br />

now been completed at the new premises and it is ready<br />

to be fitted out for use by An Garda Síochána.<br />

2 wORKS uNDERwAy<br />

2.1 major Projects underway (Galway, wexford,<br />

Kevin Street)<br />

The Government Infrastructure Stimulus Package 2012<br />

included three major Garda construction projects,<br />

namely, the development of new Divisional HQ Stations<br />

at Kevin St and Wexford and the development of a new<br />

Regional/Divisional HQ Station in Galway.<br />

These projects represent a major modernisation of Garda<br />

infrastructure and the three new facilities will provide An<br />

Garda Síochána with, inter alia:<br />

• improved office and incident management facilities<br />

• appropriate facilities for meeting members of the<br />

public (including facilities to support victims of crime<br />

and provide universal access)<br />

• appropriate facilities for custody management which<br />

enhances our ability to provide safe and secure<br />

detention as well as all the complying with relevant<br />

accountability issues<br />

• enhanced training facilities for members<br />

• Stores for Property and Exhibit Management, to<br />

support the property management system of An<br />

Garda so that property and exhibits may be safely and<br />

securely stored<br />

• suitable welfare facilities for Garda members and staff.<br />

2.1.1 Kevin Street<br />

The contract for the new Divisional HQ was awarded to<br />

JJ Rhatigan and Company on 30 January 2015. Work<br />

commenced on site in February and it is expected that<br />

construction works at the new Station will be completed<br />

in the first quarter 2017.<br />

2.1.2 Wexford<br />

The contract for the new Divisional HQ was awarded to<br />

Duggan Brothers on 3 July 2015. Works commenced on<br />

site in August 2015 and are progressing well. The<br />

construction period is 24 months and is currently on<br />

programme for completion in mid-2017.<br />

2.1.3 Galway<br />

The contract for the new Regional HQ was awarded to JJ<br />

Rhatigan and Company on 2 October 2015. Works<br />

commenced on site in October 2015 and are progressing<br />

well. The construction period is 24 months and is<br />

currently on programme for completion in late 2017.<br />

2.2 minor works<br />

2.2.1 Bailieborough, Co Cavan – Essential<br />

Remediation works at existing Station<br />

Pending the development of a new station for<br />

Bailieborough, local management submitted a list of<br />

prioritised issues for remediation. These issues primarily<br />

focus on the public office, prisoner processing facilities,<br />

CCTV and security measures, sanitary facilities and the<br />

Station yard. As of 31 March 2015, the works are<br />

practically complete with local management engaging<br />

with the contractor to resolve minor snag issues.<br />

3. CEll REfuRbIShmENT PROGRAmmE<br />

The cell upgrade programme is ongoing. At present, the<br />

cells in 55 Garda stations have been upgraded to the<br />

new cell specification which provides for enhancements<br />

to lighting, call bell signaling, heating (fan and grill), fire<br />

detection and sanitation systems. In addition, a new cell<br />

door is being installed featuring a number of safety<br />

improvements.<br />

Contractors are on site in 3 stations currently and<br />

preparatory works are ongoing at present to refurbish a<br />

further 14 Stations in <strong>2016</strong>. Depending on the progress of<br />

these projects, additional cell refurbishments may be<br />

undertaken in <strong>2016</strong>.<br />

4. AN GARDA SíOCháNA buIlDING &<br />

REfuRbIShmENT PROGRAmmE 201 – 2021<br />

The Garda Síochána Building & Refurbishment<br />

Programme <strong>2016</strong> – 2021 which was announced in<br />

October 2015 includes a number of projects which reflect<br />

the strategic priorities of An Garda Síochána.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

This investment will allow An Garda Síochána to provide<br />

new stations and to modernise older stations at key<br />

locations around the country, ensuring safe, modern<br />

working environment for Gardaí as well as fit-for-purpose<br />

facilities for visitors, victims and suspects.<br />

The key elements of the Garda Síochána Building &<br />

Refurbishment Programme <strong>2016</strong> – 2021 are as follows:<br />

4.1 Development of New Garda Stations<br />

· Macroom, Co Cork (PPP)<br />

· Clonmel, Co Tipperary (PPP)<br />

· Sligo Town (PPP)<br />

· Glanmire, Cork<br />

· Bailieborough, Co Cavan<br />

The Stations at Macroom, Clonmel and Sligo, are to be<br />

delivered by way of Public Private Partnership (PPP).<br />

The implementation of the Garda projects under PPP<br />

involves collaboration between Department of Justice<br />

and Equality, An Garda Síochána, the Office of Public<br />

Works and the National Development Finance Agency<br />

(NDFA).<br />

4.1.1 Macroom – New District HQ Station<br />

Following the placing of an advertisement by the OPW<br />

seeking proposals for a site for the development of a new<br />

District HQ Station, the proposals were assessed as<br />

regards their suitability and a particular site was deemed<br />

suitable by all stakeholders.<br />

The proposal that has been developed involves the joint<br />

purchase of a site by the OPW and Cork County Council<br />

for the construction of a Garda Station and a Fire Station.<br />

The acquisition of the site has been completed by the<br />

OPW.<br />

4.1.2 Clonmel – New District HQ<br />

Tipperary County Council (TCC) has acquired the former<br />

Kickham Barracks site and has developed a Masterplan<br />

for the re-development of the site, which includes the<br />

provision of a new Garda station.<br />

Garda Housing Section is engaged in discussions with<br />

the TCC and the OPW to finalise agreement on the<br />

allocation of a parcel of land on the former Army Barracks<br />

site for the development of a new District HQ Garda<br />

Station on the site.<br />

4.1.3 Sligo<br />

An Garda Síochána is engaged with the OPW in relation<br />

to the allocation of a site in Sligo for the development of a<br />

new Regional/Divisional HQ Station for Sligo.<br />

4.1.4 Glanmire Garda Station<br />

The OPW, on behalf of An Garda Síochána, placed public<br />

advertisements seeking suitable sites or buildings for<br />

sale or lease for a new Garda Station in Glanmire, Co.<br />

Cork.<br />

Following receipt of offers of properties, joint inspections<br />

were carried out by An Garda Síochána and the OPW and<br />

a premises at Glanmire Industrial Estate was identified as<br />

the preferred option for the purposes of providing a<br />

Garda Station.<br />

The purchase of the identified premises has not been<br />

completed and the matter has been the subject of High<br />

Court proceedings initiated by the Vendor. The matter<br />

was the subject of a High Court hearing in mid-2015. The<br />

OPW has advised this Section that, to date, no judgement<br />

has been delivered in the matter.<br />

An Garda Síochána has requested the OPW to bring<br />

forward proposals to improve the accommodation<br />

situation at Glanmire in the immediate term pending the<br />

outcome of the High Court proceedings referred to<br />

above.<br />

4.1.5 Bailieborough GS – new District Headquarters<br />

The OPW, on behalf of An Garda Síochána, placed public<br />

advertisements seeking suitable sites or buildings for<br />

sale or lease for a new Garda Station in Bailieborough,<br />

Co Cavan.<br />

Local management, having regard to the operational<br />

requirements that exist for the District of Bailieborough,<br />

selected the preferred site and An Garda Síochána<br />

instructed the OPW to acquire same. The OPW advises<br />

that the legal process is nearing completion in this regard<br />

and, in the interim period, work has been undertaken to<br />

improve working conditions at the Station as set out in<br />

paragraph 2.2.1.<br />

4.2 major Refurbishment Projects<br />

4.2.1 Athlone – Refurbish and Extend Athlone Garda<br />

Station and Adjoining Former Department of Social<br />

Welfare Building<br />

This major project involves incorporation of the adjacent<br />

former Department of Social Protection property (now<br />

allocated to AGS) into the existing Garda Station.<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

The OPW is appointing a Quantity Surveyor to finalise the<br />

tender documentation and plans that a contract will be<br />

placed for these works in fourth quarter of <strong>2016</strong>.<br />

4.2.2 Donegal Town<br />

Local Garda management and Garda Housing, following<br />

consultation and the assessment of options with the<br />

OPW, have expressed the view that the optimum method<br />

to improve conditions in Donegal town is to acquire the<br />

adjacent property and expand the current station. In this<br />

regard, it is understood that a submission to the OPW<br />

Board to acquire the adjacent property has been made<br />

and a decision on same is awaited.<br />

4.2.3 Newcastlewest, Co Limerick<br />

The OPW is carrying out a feasibility study as to whether<br />

the Garda Brief of Requirements can be met on the<br />

existing site or if additional land, adjacent to the Station,<br />

will be required.<br />

4.2.4 Portlaoise, Co Laois – Major refurbishment of<br />

Divisional HQ<br />

The Department of Defence has agreed that two parcels<br />

of land currently the property of the Reserve Defence<br />

Forces, which are adjacent to the Garda Station (at the<br />

side and rear), are available for use by An Garda<br />

Síochána to facilitate the expansion of the Garda Station.<br />

A Brief of Requirements (BOR) prepared by the Divisional<br />

Officer, Portlaoise has been forwarded to the OPW.<br />

The OPW has identified areas that could be developed to<br />

improve the accommodation at the station such as the<br />

conversion use of the ‘Old’ Gym as a storage facility, the<br />

integration of a new extension (ex Department of<br />

Defence parcel of land at the rear of the Station) into<br />

main station and works to the station itself including the<br />

removal of temporary buildings and the upgrade of the<br />

custody facilities, office and welfare facilities.<br />

AGS has asked the OPW to appoint a design team to<br />

develop sketch scheme proposals for the consideration<br />

and approval of local management and representative<br />

associations.<br />

4.2.5 Bridewell, Dublin (including custody facilities)<br />

Housing Section has supplied the Office of Public Works<br />

with a brief of requirements for the refurbishment and<br />

modernisation of the Station which will address Health<br />

and Safety matters. Included in the brief is a requirement<br />

for a custody suite. The OPW completed a feasibility<br />

study and has now prepared drawings for consideration<br />

by An Garda Síochána. The OPW advise that it is intended<br />

that the Project will be carried out in phases, under a<br />

single contract. It is intended to sign off the sketch<br />

scheme with the OPW, local management and<br />

Representative Associations in the near future.<br />

In the meantime An Garda Síochána requested the OPW<br />

to upgrade and refurbish a multi occupancy cell to<br />

provide three single cells in the Bridewell Garda Station<br />

and the OPW has recently completed these works.<br />

4.2.6 Anglesea Street, Cork (including custody<br />

facilities)<br />

The OPW is in the process of developing proposals for<br />

the provision of a custody suite for Cork City at the rear<br />

of Anglesea St Garda Station. When finalised, such<br />

proposals will be the subject of consideration of local<br />

management and staff interests.<br />

4.2.7 Greystones, Co. Wicklow<br />

The OPW carried out a feasibility study for the upgrading<br />

of Greystones Garda Station. The feasibility study has<br />

been approved by local management and the OPW has<br />

been instructed to develop a sketch scheme in order that<br />

a sign-off meeting is arranged with the OPW, Local<br />

Management and Representative Associations.<br />

4.3 Planned remedial works<br />

4.3.1 Henry Street, Limerick<br />

The OPW has developed proposals to address safety<br />

issues in the Station. The works will involve the provision<br />

of fire doors, emergency lighting, appropriate fire<br />

escapes and the implementation of an integrated,<br />

addressable fire alarm system.<br />

The contract has been awarded and the preparatory<br />

work (site logistics, etc.) between Garda management,<br />

the contractor and the OPW is underway at present. It is<br />

expected that the scheme will take 20 weeks to<br />

complete.<br />

4.3.2 Garda College, Templemore<br />

It is proposed to have the works to Áras Chlainne<br />

Dheirdre and Áras Mhéibhe carried out as a single<br />

construction contract, with the works completed in two<br />

separate phases to accommodate the operational<br />

requirements of An Garda Síochána. Phase 3 works are<br />

estimated to take 14 months to complete (7 months per<br />

building). The OPW has advised that it expects to award<br />

the contract shortly.<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

4.3.3 Technical Bureau, Garda HQ, Dublin<br />

Works to the stair cores of the Garda Technical Bureau<br />

building in Garda HQ have been tendered and the project<br />

is at tender evaluation stage. The OPW plans to award<br />

the contract for these works shortly and will take 16<br />

weeks to complete.<br />

4.4 PEmS (Property & Exhibit management Stores)<br />

4.4.1 Castlebar, Co Mayo<br />

The OPW expects to award the contract shortly for the<br />

provision of a PEMS store at Castlebar Garda station.<br />

Works are expected to commence in A2 <strong>2016</strong> and take 14<br />

weeks to complete.<br />

4.4.2 Ennis, Co Clare<br />

Tenders for the provision of a PEMS store at Ennis are<br />

currently being assessed by the OPW and it expects to<br />

award the contract shortly.<br />

4.4.3 Santry, Dublin 9 (PPP), Longford Town. (PPP),<br />

Portlaoise, Co Laois (PPP), Collon, Co Louth (PPP),<br />

Naas, Co Kildare (PPP)<br />

PEMS Stores at the above locations are to be delivered<br />

by way of Public Private Partnership (PPP).<br />

4.5 Other Garda Station Refurbishment/Custody<br />

management facilities (i.e. cost up to €500,000)<br />

4.5.1 Co Kerry<br />

The plan to refurbish Tralee involves internal remodeling<br />

of the Station to provide new locker facilities for the<br />

Station party. A Part 9 planning application was lodged in<br />

November 2015 and the OPW plans to proceed with the<br />

project. The tender package is being prepared at present<br />

and it is planned that the project will go to tender in Q2<br />

<strong>2016</strong>.<br />

4.5.2 Mullingar<br />

A proposal has been developed which will accommodate<br />

the Scenes of Crime Unit, Traffic, Crime Tasking and<br />

Telecommunications units in a new accommodation<br />

block at Mullingar Garda station. Small amendments to<br />

this proposal have been suggested by local Garda<br />

management which are currently being examined and<br />

assessed for feasibility by the OPW. A revised sketch<br />

scheme from the OPW including these amendments is<br />

currently awaited and, following its receipt, a sign off<br />

meeting will be arranged and the project will be<br />

progressed.<br />

4.5.3 Henry Street, Limerick – Development of<br />

modern prisoner area<br />

Works have been completed on the upgrade to the cell<br />

facilities at Henry St. A plan has been agreed for the<br />

provision of modern prisoner processing facilities with<br />

separate access/egress for prisoners and the<br />

appropriate complement of ancillary facilities.<br />

Before these works go ahead, the work referred to at<br />

paragraph 4.3.1 needs to be undertaken at the Station.<br />

4.5.4 Ballinasloe, Co Galway<br />

A scheme has been signed off to allow for the demolition<br />

of the existing cell block and the construction of a new<br />

cell block, a new prisoner processing area and the<br />

refurbishment of the public office. Preparation of the<br />

tender package is underway and it is envisaged that<br />

tenders will be sought in Q2 <strong>2016</strong>. It is anticipated that<br />

work may be in a position to commence in Q3 <strong>2016</strong> with a<br />

5 month build time anticipated.<br />

4.5.5 Drogheda, Co Louth<br />

A proposal to install a prefabricated structure to increase<br />

locker and shower facilities is under consideration at<br />

present and An Garda Síochána is actively engaged with<br />

the OPW in relation to the most appropriate means of<br />

addressing the needs of the station party<br />

4.5.6 Longford Town<br />

The Divisional Officer has recently confirmed that the<br />

scheme signed off in September 2013 meets the<br />

requirements of the station. The project will now be<br />

progressed in tandem with the refurbishment of the cells.<br />

Consultants have been appointed by the OPW to prepare<br />

tender package.<br />

4.5.7 Navan, Co Meath<br />

A sketch scheme providing for the demolition of the cell<br />

block and the installation of a new cell block, prisoner<br />

processing facilities as well as significant internal<br />

reconfiguration and refurbishment has been sent to the<br />

Divisional Officer for views and observations. The project<br />

will be developed having regard to those views and the<br />

technical advice of the OPW.<br />

4.5.8 Carlow Town<br />

A scheme of works at Carlow Garda Station involving the<br />

upgrade of cells, the development of a prisoner entrance<br />

and the creation of a new prisoner processing area is<br />

currently being examined by local Garda management in<br />

Carlow. On receipt of the agreement of local management<br />

<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

on the scheme of works, a sign off meeting will be held<br />

and the works progressed accordingly.<br />

4. Specialist facilities<br />

4.6.1 Stradone, Co Cavan (Specialist Victim<br />

Interview Suite)<br />

This scheme entails the provision of a Specialist Victim<br />

Interview Suite in the former Garda Station in Stradone<br />

that was closed in 2013 under the Garda Station<br />

Rationalisation Programme. The proposed works entail<br />

an extension to the rear and internal remodelling works<br />

to the former Garda Station. The scheme was signed off<br />

and the OPW advise that a consultant architect has been<br />

appointed to prepare a tender package for these works.<br />

4.6.2 GNIB, Dublin Airport (custody facilities)<br />

An Garda Siochana has conveyed it is agreement to<br />

proposals developed by the OPW to provide<br />

accommodation for both the GNIB at Dublin Airport and<br />

Dublin Airport Garda Station at Transaer House, Dublin<br />

Airport. This matter is the subject of ongoing discussions<br />

between the OPW and the Dublin Airport Authority.<br />

4.6.3 Water Unit, Garrycastle, Athlone – lease and fitout<br />

of Garrycastle accommodation<br />

The Garda Water Unit currently operates from premises<br />

located at Garrycastle, Co. Westmeath. Two separate<br />

industrial type accommodation units are currently<br />

allocated to the Garda Water Unit at this location. There<br />

are two additional units at this location and in order to<br />

facilitate the functions of the Water Unit and provide<br />

inter-connectivity and enhanced security, AGS has<br />

requested the OPW to secure long term lease<br />

arrangements on two adjoining units for the use of the<br />

Garda Water Unit at Garrycastle (to include one of the<br />

units already in use by An Garda Síochána and another<br />

adjoining unit). The OPW is engaging with the landlord in<br />

this regard and has been requested to provide sketch<br />

scheme plans for the adjoined units. New planning<br />

permission will be required in course.<br />

5. hARCOuRT SQuARE<br />

The GRA and other Garda Associations and Civilian<br />

Unions were briefed by Deputy Commissioner SCM on<br />

5 April <strong>2016</strong> in relation to temporary accomodation for<br />

members at Harcourt Square.<br />

OThER ACCOmmODATION PROGRAmmES<br />

Other estate management programmes such as the<br />

radon remediation programme and the upgrading of our<br />

facilities to provide universal access, etc. are ongoing.<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

ChANGE mANAGEmENT<br />

The Garda Representative Association have been calling<br />

for the establishment of an independent Garda Authority<br />

since 1978 and most recently at our Annual Delegate<br />

<strong>Conference</strong> of 2013.<br />

The objective of this policy was to seek to remove<br />

political interference from the day to day running of An<br />

Garda Síochána.<br />

On 30 December 2015 Minister Frances Fitzgerald<br />

announced that Government had designated the<br />

members of the proposed new Policing Authority<br />

pursuant to an open selection process run by the Public<br />

Services Appointments Commission. The independent<br />

Policing Authority was formally established on the 1st<br />

January <strong>2016</strong>.<br />

mEmbERShIP Of INDEPENDENT POlICING<br />

AuThORITy<br />

• Josephine Feehily is former chairperson of the<br />

Revenue Commissioners;<br />

• Noel Brett is the CEO of Banking and Payments<br />

Federation Ireland and former CEO of the Road Safety<br />

Authority;<br />

• Bob Collins is a former Chief Commissioner of the<br />

Equality Commission for Northern Ireland and former<br />

Director General of RTE;<br />

• Vicky Conway is a lecturer in Law, Dublin City<br />

University and former senior Lecturer in Law, Kent<br />

Law School;<br />

• Patrick Costello is the CEO of Chartered Accountants<br />

Ireland, former CEO of the Irish Tax Institute and<br />

former officer in the Defence Forces;<br />

• Judith Gillespie is a Policing and Leadership Adviser<br />

and former Deputy Chief Constable of the Police<br />

Service of Northern Ireland;<br />

• Valerie Judge is a Management Consultant<br />

specialising in strategic planning, governance, HR,<br />

process leadership and change, the Chair of Ruhama,<br />

and a former Director of Shared Services in the HSE<br />

Eastern Region;<br />

• Maureen Lynott is the former Chair of the Top Level<br />

Advisory Committee (TLAC) and the taskforce to<br />

establish the Child & Family Agency;<br />

• Moling Ryan is a Barrister and the former Chief<br />

Executive of the Legal Aid Board and Director of<br />

Human Resources and Change Management in the<br />

Courts Service.<br />

fuNCTION Of NEw POlICING AuThORITy<br />

The new Policing Authority will be tasked with holding the<br />

Garda Commissioner to account in relation to all policing<br />

services while developing a key role in the future<br />

appointment of senior Garda Management. As national<br />

security is a vital function of Government, it is proposed<br />

that under the new oversight arrangements the Garda<br />

Commissioner will report to the Policing Authority in<br />

respect of policing matters and to the Minister for Justice<br />

and Equality in relation to security matters.<br />

The Authority shall approve a three year strategy<br />

statement and annual policing plan submitted by the<br />

Garda Commissioner.<br />

The Authority will establish and publish within twelve<br />

months a Code of Ethics that include standard of<br />

conduct and practice for members of An Garda Síochána.<br />

Prior to the establishment of such Code the Authority<br />

must consult with Staff Associations and other<br />

interested Bodies such as the Ministers for Justice and<br />

Equality, Public Expenditure and Reform, the Garda<br />

Commissioner, the Garda Síochána Ombudsman<br />

Commission, the Irish Human Rights and Equality<br />

Commission and other persons or Bodies appearing to<br />

the Authority to have an interest in this matter.<br />

The Authority will be accountable to the Public Accounts<br />

Committee and to other Committees of the Oireachtas.<br />

The first public meeting between the Authority and the<br />

Garda Commissioner is scheduled to take place on the<br />

25th April <strong>2016</strong> with at least a further three such public<br />

meetings scheduled for the current year. The Association<br />

will await with interest the outcome of such meetings.<br />

8<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

DIVISIONAl bOuNDARIES<br />

The Change Management Sub Committee were tasked<br />

with examining the following motion passed at the<br />

Annual Delegate <strong>Conference</strong> 2014<br />

“That <strong>Conference</strong> calls on Garda Management to review<br />

and revise current Divisional and District boundaries so<br />

as to reflect population, location of Garda Station and<br />

policing needs”.<br />

The Sub Committee sought submissions from the<br />

Central Executive Committee.<br />

In the years 2006/2007 there was major restructuring of<br />

Divisional boundaries resultant from a review of the said<br />

boundaries by Garda Management. The object of this<br />

exercise was to bring all areas within a particular county<br />

into a specific Division thereby facilitating attendance by<br />

local Management at a forum such as joint policing<br />

committees. Garda Divisions would mirror Local Authority<br />

areas, Court areas and so forth.<br />

This accrued in the splitting of a number of Divisions<br />

specifically Louth/Meath, Wexford, Longford/Westmeath,<br />

Carlow Kildare and Waterford/Kilkenny. A number of new<br />

Divisions were also created – Louth/Meath, Westmeath,<br />

Kildare and Waterford.<br />

This restructuring resulted in some communities on the<br />

periphery of towns and villages now being policed by a<br />

Station from within the county in which they lived rather<br />

than a more proximate Station in a neighbouring county.<br />

This restructuring in certain circumstances, we believe,<br />

had a negative effect on the level of policing provided to<br />

the local communities in the hinterlands of towns and<br />

villages so affected. Heretofore the “local” Garda Station<br />

is not now in fact their Station and they are required to<br />

travel long distances to another Station within the<br />

county boundary. These residents undertake all other<br />

activities such as their shopping, school attendance,<br />

church, post office and socialise in their local town but<br />

are now required to travel distances to avail of their<br />

policing service. This sometimes results in their<br />

communities being patrolled less frequently as they are<br />

on the outer reaches of their new sub districts. The latter<br />

scenario also entails Garda members in attending to calls<br />

in those areas having to travel long distances and on<br />

occasions passing the Garda Station in the neighbouring<br />

county on route and also at times leaving their own urban<br />

areas bereft of any Garda presence.<br />

The Sub Committee have reported to the Officer Board of<br />

the Garda Representative Association with<br />

recommendation that this matter be raised with the<br />

Garda Commissioner with a view to further reviewing the<br />

boundaries at issue.<br />

EuROPEAN uNION VICTImS Of CRImE DIRECTIVE<br />

EU Directive 2012/29/EU establishes minimum standards<br />

on the rights, support and minimum standards on their<br />

rights, support and protection of victims of crime. Article<br />

25.1 contains a requirement that appropriate training be<br />

provided to police officers among others as follows:<br />

Member States shall ensure that officials likely to come<br />

into contact with victims, such as police officers and<br />

court staff, receive both general and specialist training to<br />

a level appropriate to their contact with victims to<br />

increase their awareness of the needs of victims and to<br />

enable them to deal with victims in an impartial,<br />

respectful and professional manner.<br />

The Central Executive Committee requested the Change<br />

Management Sub Committee to examine the contents of<br />

the Directive to identify articles relevant to our members<br />

and to make recommendations on training needs.<br />

The Sub Committee having reviewed the Directive made<br />

the recommendations and forwarded same to the<br />

Training Sub Committee.<br />

The Sub Committee examined a number of boundaries<br />

which they perceived to be incongruous.<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

hEAlTh AND SAfETy<br />

SAfETy, hEAlTh AND wElfARE AT wORK ACT<br />

2005 – SElECTION Of SAfETy<br />

REPRESENTATIVES<br />

The Committee noted that the requirements under<br />

Section 25(1) of the Safety, Health and Welfare at Work<br />

Act 2005 were not being complied with in that the<br />

establishment of the process to select Safety<br />

Representatives for the period 2015 -2018 had not<br />

commenced. On several occasions throughout 2015, the<br />

Garda Representative Association sought compliance<br />

with this statutory requirement. The committee also<br />

noted that the selection process rollout and numbers of<br />

Safety representatives should not be limited.<br />

It was noted by the Committee that this statutory<br />

provision states:<br />

“Employees may, from time to time, select and appoint<br />

from amongst their number at their place of work a<br />

representative (in this Act referred to as a “Safety<br />

representative”) or, by agreement with their employer,<br />

more than one safety representative, to represent them<br />

at the place of work in consultation with their employer<br />

on matters related to safety, health and welfare at the<br />

place of work”<br />

The committee believed that this statutory obligation has<br />

the potential to empower employees within An Garda<br />

Síochána with ownership of the health and safety<br />

processes and compliance.<br />

TETRA AND TElECOmmuNICATIONS mASTS<br />

The Committee discussed Tetra Radio and Mobile phone<br />

masts. The committee noted that AGSI had referred to<br />

same at their Annual Delegate <strong>Conference</strong> 2015. The<br />

committee have sought answers to the following<br />

questions and answers are awaited:<br />

(i) Is there a list of all Garda controlled stations/<br />

facilities where there is a telecoms mast in<br />

existence?<br />

(ii) Who is using the masts in each of the locations?<br />

(iii) Has research been conducted on the level of<br />

radiation at each location?<br />

The Sub Committee reported to the Central Executive<br />

Committee and is currently evaluating the costings of the<br />

Garda Representative Association conducting an<br />

electromagnetic radiation study at nominated stations.<br />

The results of any monitoring studies being conducted<br />

by either the OPW or Garda Management are also<br />

awaited for evaluation.<br />

mOTORwAy INCIDENT PROTOCOlS<br />

The committee queried current Garda Organisational<br />

policy regarding dealing with incidents on Motorways.<br />

Members of the committee stated that they were<br />

0<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

informed that protocols regarding incidents on<br />

motorways were to be circulated by Garda Management<br />

in late 2015; these protocols have yet to be seen by the<br />

committee.<br />

The committee noted the existence of OVST (Out Of<br />

Vehicle Training) which was piloted across several<br />

divisions, but this does not take into account the<br />

proliferation of motorways across Ireland in the past<br />

decade which are being maintained by private<br />

contractors.<br />

DEfIbRIllATORS IN AN GARDA SíOCháNA<br />

The committee were tasked, following <strong>Conference</strong> 2015,<br />

to deal with the following motion which was passed at<br />

conference and remitted to the sub-committee, “That<br />

<strong>Conference</strong> seeks that in line with the Public Service<br />

Health (Availability of Defibrillators) Bill 2013, that a<br />

defibrillator is installed in every Public Office for use by<br />

members of the public and Gardaí in the interest of public<br />

safety and that adequate training be provided to<br />

members of An Garda Síochána”. The sub-committee<br />

while noting that the Bill was published has queried if<br />

there is any organisational policy on the use of same. The<br />

sub-committee is anxious to expedite this matter.<br />

GARDA flEET<br />

The Health and Safety Sub Committee have concerns<br />

regarding the purchase of vehicles for the Garda fleet.<br />

This matter was mentioned at a meeting of the Sub<br />

Committee on the 18th February 2015 and again at<br />

meetings of the Central Executive Committee. The sub<br />

committee were concerned regarding the specifications<br />

given to potential vehicle tender companies. The<br />

concerns ranged around the rigid, non adjustable seating<br />

positions of certain vehicles in the Garda Fleet. Concerns<br />

regarding the suitability of Ford Transit Connect vans in<br />

the conveyance of prisoners were also discussed. This<br />

matter has been forwarded to the GRA Secretariat for<br />

resolution with Garda Management.<br />

38th Annual Delegate <strong>Conference</strong><br />

1


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

lEGAl ASSISTANCE<br />

The demands on the Garda Representative Association<br />

limited Legal Assistance Scheme continued unabated in<br />

the past year. This scenario is reflective of the increasing<br />

vulnerability of operational Gardaí being subject of<br />

complaints as they discharge their duties on a daily<br />

basis. It is of paramount importance therefore, that our<br />

members have the succour of knowing that their<br />

Association will provide legal assistance in these<br />

circumstances and hence remove the added burden of<br />

the financial worry at a time of great stress for the<br />

members. Perusal of the Garda Síochána Ombudsman<br />

Commission annual report for 2014 shows that 2,242<br />

complaints were opened in 2014 an increase of 11% on<br />

the previous year. This again underlines the vulnerability<br />

of members and the requirement for support from their<br />

Association.<br />

In 2014, 911 of the complaints received were deemed<br />

inadmissible for a myriad of reasons. While the latter is in<br />

one sense positive for the members concerned it does<br />

not detract from the stress occasioned by the mere fact<br />

of an allegation of wrongdoing being made against them<br />

in the bona fide discharge of their duties. Also, it does not<br />

dilute the financial implication for members and their<br />

Association having to defend themselves against the<br />

vacuous complaints which subsequently transpire to be<br />

inadmissible.<br />

It is clear therefore that the availability of legal<br />

representation and advice under the auspices of the<br />

Garda Representative Association limited legal<br />

assistance scheme is a core benefit of Association<br />

membership and is a service which could not be provided<br />

for from within the members’ own resources particularly<br />

in the current financial climate. Cognisant of the fact that<br />

members’ are sometime disappointed that applications<br />

for assistance have to be refused – it must be<br />

emphasised that our Scheme is limited and provides in<br />

the main for issues arising from investigations by the<br />

Garda Síochána Ombudsman Commission and under the<br />

Garda Síochána (Discipline) Regulations 2007. Funding of<br />

the Scheme is derived from the members’ annual GRA<br />

subscription hence the parameters in relation to the<br />

assistance available – the extension of which would<br />

accrue in a subscription of many multiples of the current<br />

stipend being required from our members. In specific<br />

cases additional assistance is provided to members in<br />

relation to issues bona fide arising from the discharge of<br />

their duties as members of An Garda Síochána.<br />

REVIEw Of ThE lEGAl ASSISTANCE SChEmE<br />

Members will be aware from our 2015 <strong>Conference</strong> <strong>Report</strong><br />

that over a protracted period a full review of our Legal<br />

Assistance Scheme has been taking place. I am pleased<br />

to report that this review is on the cusp of completion<br />

and the draft recommendations are now being<br />

considered by our Central Executive Committee. This<br />

review incorporates:<br />

• A review of legal costs with a view of obtaining<br />

maximum benefits and greater cover to our entire<br />

membership.<br />

• Restructuring our Association Panel of Solicitors<br />

ensuring ease of access and that Solicitors retain<br />

possession of the requisite level of expertise in<br />

dealing with Garda issues.<br />

• A review of issues arising and not adequately catered<br />

for within our current Scheme as presently<br />

constituted particularly in relation to the Garda<br />

Síochána Ombudsman Commission and Discipline<br />

investigations.<br />

• Consideration of issues raised by any of our members<br />

and communicated via your elected representatives.<br />

SChEmE<br />

Given the volatile nature of the policing science members<br />

are never aware or forewarned as to when<br />

circumstances may arise requiring immediate legal<br />

intervention. Accordingly, it is vital that all members take<br />

the time to familiarise themselves with the legal<br />

assistance scheme, a copy of which has been supplied<br />

to all members. The Association again emphasises the<br />

importance of members immediately liaising with their<br />

local representatives and/or Central Executive<br />

Committee member on becoming aware that they are<br />

subject to investigation. The latter ensures the receipt of<br />

appropriate representation and/or advice in a timely<br />

manner. When making application and seeking<br />

assistance members should ensure that all information<br />

and documentation are made available. Timely and<br />

correct processing of application culminates in the<br />

maximum representation being provided to members.<br />

2<br />

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Section 3: Sub-committee <strong>Report</strong>s<br />

fEEDbACK<br />

The experience of members who have been subject to<br />

investigation is crucial to the Association in informing our<br />

policy and decisions as to what matters need to be<br />

addressed and what submissions are required to be<br />

made in respect of the investigative process. It also<br />

obviates the necessity on occasions of duplicating the<br />

request for legal advices in respect of issues already<br />

dealt with by the Association and the obvious financial<br />

impact of same. The Association is therefore amenable<br />

to the views of members on all aspects of the<br />

investigative process and the legal assistance scheme.<br />

SECTION 4 GARDA SíOCháNA ACT 2005<br />

We again remind members of the provisions of Section<br />

49 Garda Síochána Act 2005 whereby in certain<br />

circumstances arising from incidents in the bona fide<br />

discharge of members’ duties the State will provide for<br />

the member’s defence as set out. Members should also<br />

be aware that dependent on their circumstances they<br />

may be granted legal assistance under the State Legal<br />

Aid Scheme. We exhort that members invoke the<br />

foregoing provisions where applicable and this will<br />

accrue in savings to the funds of the Association.<br />

PROCEDuRE<br />

For clarity, a member seeking assistance under the Legal<br />

Assistance Scheme should proceed as follows:<br />

1. Consult your Central Executive Committee member<br />

and ascertain the procedure in processing your<br />

application.<br />

2. Provide your Central Executive Committee member<br />

with copies of all relevant documentation in your<br />

possession in relation to the case.<br />

3. Provide your Central Executive Committee member<br />

with a comprehensive written report on all of the<br />

circumstances of the case giving rise to the<br />

investigation. This report shall incorporate the<br />

positives and negatives as failure to do so can often<br />

subsequently dilute the members’ defence or<br />

culminate in being afforded the wrong advice.<br />

4. Your Central Executive Committee member will<br />

report to the Secretary of the Legal Assistance Sub<br />

Committee first having obtained the<br />

recommendations of your District and Divisional<br />

Committees. The decision as to the grant of legal<br />

assistance is one ultimately for the Central<br />

Executive Committee of the Garda Representative<br />

Association. The Association has negotiated<br />

arrangements with our Panel of Solicitors in relation<br />

to the operation of our Legal Assistance Scheme<br />

particularly a schedule of fees in respect of various<br />

processes on which our members seek assistance.<br />

This is necessary to safeguard the viability of our<br />

scheme financially and ensures that we are<br />

positioned to afford the maximum possible cover to<br />

our general membership.<br />

The Panel of Solicitors is as follows:<br />

Liz Hughes<br />

Martin Moran & Co<br />

Hughes Murphy<br />

Solicitors<br />

Solicitors<br />

12 Stephen’s Lane<br />

13 Wellington Quay off Upper Mount St<br />

Dublin 2. Dublin 2<br />

Phone: 01 679 8566 Phone: 01 6640560<br />

Tony O’Beirne & Co Murray Flynn<br />

Solicitors<br />

Solicitors<br />

31 Morehampton Rd 14 Fairview Strand<br />

Dublin 4 Dublin 3<br />

Phone: 01 6684333 Phone: 01 836 3551<br />

Patrick Cadell<br />

Jim Brooks<br />

Butler Cunningham Collins, Brooks &<br />

& Moloney<br />

Associates<br />

Liberty Square<br />

6/7 Rossa Street<br />

Thurles<br />

Clonakilty<br />

Co Tipperary<br />

Co Cork<br />

Phone: 0504 21 857 Phone: 023 8833332<br />

Gerry McGovern<br />

Declan Breen<br />

Solicitors<br />

Solicitors<br />

Pearse Plaza<br />

Tower Hill<br />

Pearse Road<br />

Portlaoise<br />

SligoCo Laois<br />

Phone: 071 914 4363 Phone: 057 866 0006<br />

Thomas J Walsh<br />

Dan Murphy<br />

1 Mill Lane Carey Murphy & Partners<br />

Main Street<br />

Solicitors<br />

Castlebar<br />

23 Marlboro Street<br />

Co Mayo<br />

Cork<br />

Phone: 094 902 1736 Phone: 021 425 1699<br />

Daniel O’Gorman<br />

Solicitors<br />

75A O’Connell Street<br />

Limerick City<br />

Phone: 061-418214<br />

38th Annual Delegate <strong>Conference</strong><br />

3


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

uNIfORm<br />

The pace of progress on change to operational uniform is<br />

disappointing. The Uniform Working Group (comprising<br />

representatives of staff associations, Garda<br />

Procurement, Health & Safety and the Office of<br />

Government Procurement) last met in early August 2015.<br />

Broad agreement had been reached on a number of<br />

items which were to be viewed by senior management<br />

and the Central Executive Committee for input and views.<br />

This was to take place in September 2015. Senior<br />

management viewed the garments in February <strong>2016</strong>. At<br />

the time of going to print the Central Executive<br />

Committee has not been given this opportunity.<br />

Members of the Uniform Sub Committee have visited<br />

several suppliers of police uniform and have examined a<br />

wide range of garments worn by police forces elsewhere.<br />

We have liaised with the Police Federation of Northern<br />

Ireland and a number of police forces in the UK and<br />

Europe. As a result proposals were brought to the<br />

Working Group which appeared to have satisfied the<br />

requirements of all concerned.<br />

Footwear of a lighter composition (which complies with<br />

all health and safety requirements) had been identified by<br />

the GRA representatives to the Working Group and it was<br />

agreed that a wearer trial would take place.<br />

This Association has for many years sought to dispense<br />

with the requirement for wearing a uniform tie while on<br />

frontline operational duty. Anyone who has ever worn the<br />

combination of a stab vest and fully buttoned up shirt<br />

with clip on tie knows only too well the discomfort and<br />

thereby distraction this causes. Designers of police<br />

uniform emphasise and prioritise safety, health, wearer<br />

comfort and a design that is instantly recognisable as<br />

belonging to “police”.<br />

Uniform is one of the most frequently raised topics by our<br />

members with this Association and we acknowledge<br />

their immense input and feedback on the matter. The<br />

issue of uniform was also raised by members who were<br />

interviewed for the recent report of the Garda<br />

Inspectorate <strong>Report</strong> titled Changing Policing in Ireland<br />

published in November 2015 –page 369 “uniforms and<br />

equipment are an important issue and one that was<br />

raised with the Inspectorate in every division visited and<br />

by association representatives”.<br />

4<br />

Garda Representative Association


Section 3: Sub-committee <strong>Report</strong>s<br />

wElfARE<br />

We are all concerned by the evident increase over recent<br />

years of the number of our colleagues who have taken<br />

their own lives. Many of us have been directly affected<br />

by these tragedies and some have been involved in the<br />

consequential investigations that result. While the<br />

Central Statistics Office cannot supply data on suicide<br />

rates by occupation, it is apparent that the number of<br />

members of An Garda Síochána who have committed<br />

suicide is high when compared to figures for the general<br />

population in the relevant age group. It is of particular<br />

concern that the trend has increased dramatically in this<br />

organisation while it is downward in the general<br />

population.<br />

The Welfare Committee have liaised with Dr Claire Hayes,<br />

consultant clinical psychologist, Clinical Director with<br />

AWARE and author of several books on stress and<br />

coping. Dr Hayes agrees with this Association’s call for a<br />

Wellbeing Survey of members to be undertaken. She is<br />

also of the view that all professional supports for<br />

individuals with mental health issues or potential issues<br />

should be easily accessed and without bureaucratic<br />

delays.<br />

We have also met with the National Office for Suicide<br />

Prevention (NOSP), which was set up in 2005 within the<br />

HSE to provide support for the implementation of a<br />

national suicide prevention strategy. NOSP maintain that<br />

effective suicide prevention strategies “must be rooted<br />

in robust data about the risk and protective factors<br />

affecting particular population groups. Identifying what<br />

groups are vulnerable to suicidal behaviour and trying to<br />

identify what puts them at risk and what can help to<br />

protect them is essential in designing effective<br />

responses” NOSP have identified a list of priority groups<br />

based on analysis of information available to them<br />

consisting of evidence of vulnerability to and increased<br />

risk of suicidal behaviour. Occupational groups identified<br />

were healthcare professionals and those working in<br />

isolation (vets, farmers) NOSP agree that our figures are<br />

cause for concern. They have a helpful websiteyourmentalhealth.ie<br />

which provides a wide range of<br />

useful information.<br />

As mentioned above and in last year’s report we are<br />

calling for a wellbeing/stress survey to be conducted and<br />

await a decision. It is worth recalling that the last such<br />

survey among our members was in 1998. This was<br />

conducted for this Association by the Department of<br />

Applied Psychology, NUI, Cork. It was noted in the<br />

Executive Summary of this study -<br />

“An examination of stress in occupations such as<br />

policing seems particularly important. In any<br />

organisation, high levels of stress would be a source for<br />

concern, but it seems all the more important given that<br />

the work of police officers may impinge on the safety,<br />

wellbeing, liberty and even life of other individuals in<br />

society.”<br />

The case for conducting such a survey is compelling and<br />

organisations such as the Health and Safety Authority,<br />

The European Agency for Safety and Health at Work,<br />

World Health Organisation, International Labour<br />

Organisation, Chartered Institute of Personnel and<br />

Development, Labour Relations Commission et al, are all<br />

advocates.<br />

We have called for a Wellbeing section on the Garda<br />

Portal. This could provide advice and information on the<br />

hazards of work related stress, shift work, diet, nutrition,<br />

exercise, substance abuse, addiction, sleep, general<br />

health and mindfulness. Links to other relevant agencies<br />

websites (NOSP for example) should be included. This<br />

type of support is available to many employees in the<br />

private and public sector many of whom are involved in<br />

lower risk employments than our members.<br />

We call for the information required by Section 9.1 of the<br />

Working Time Agreement (HQ Directive 3/13) to be made<br />

readily available –<br />

“9.1 Medical advice shall be provided by the Chief Medical<br />

Officer in self-care and health management arising from<br />

the obligation to perform shift work.”<br />

In June 2015 the Minister for Health, Mr Leo Varadkar and<br />

the Government signed off on the Health and Wellbeing<br />

(Workplace Wellbeing) Bill which if enacted will require<br />

public service employers to develop a ‘healthy<br />

workplace’ policy to promote the physical, mental and<br />

social wellbeing of employees. Employers and employees<br />

will be able to decide for themselves what initiatives to<br />

pursue. We believe that An Garda Síochána should not<br />

wait for legislation and should prioritise the development<br />

of such a policy in collaboration with representative<br />

associations.<br />

“Trends and Patterns in Occupational Health and Safety<br />

in Ireland” was a major study undertaken by a research<br />

steering group comprising the Economic and Social<br />

Research Institute and Health and Safety Authority<br />

published in May 2015. Among its findings are that- “the<br />

38th Annual Delegate <strong>Conference</strong><br />

5


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

most common forms of work-related illness are<br />

musculoskeletal problems and stress, anxiety and<br />

depression. Over the period of the study, the former<br />

category accounted for just over half of all illnesses<br />

recorded, while stress, anxiety and depression<br />

accounted for a further 18 per cent.”<br />

We have recently met with Mary Doherty who is a serving<br />

member and the current President of Down Syndrome<br />

Ireland. Mary outlined the difficulties that parents of<br />

children with special needs face every day. Attending<br />

appointments for Occupational Therapy, Speech and<br />

Language Therapy, Physiotherapy, hospital<br />

appointments, assessments, with some children<br />

requiring surgery and some will spend many nights in<br />

hospital. The consequent strains and stresses require<br />

additional support from employers and management. The<br />

welfare committee will continue to liaise with Mary and<br />

intend conducting research as to how our colleagues are<br />

coping and how best the issues can be addressed.<br />

The announcement at last year’s conference of the<br />

introduction of an external 24/7 counselling service was<br />

welcome. The tender process commenced in December<br />

and the evaluation is complete. The awarding of the<br />

contract by the Office of Government Procurement is<br />

awaited.<br />

The Review of the Bullying and Harassment policy was<br />

recently re activated by management after a hiatus of<br />

almost two years while the review of the Employee<br />

Assistance Service is on-going.<br />

On behalf of our members we wish to extend gratitude<br />

and appreciation for the invaluable work of our Employee<br />

Assistance Officers.<br />

<br />

Garda Representative Association


Section 3: Sub-committee <strong>Report</strong>s<br />

GARDA bENEVOlENT TRuST<br />

fuND<br />

The Garda Benevolent Trust Fund is administered by a<br />

Committee of Management comprising of nominees from<br />

the four Garda Staff Associations and one representative<br />

from the Garda Síochána Retired Members Association.<br />

Its offices are located on:<br />

Floor 4, Phibsboro Tower, Dublin 7.<br />

Telephone 01-8307155 Fax 01-83071<br />

Email info@gardabenevolent.ie<br />

www.gardabenevolent.ie<br />

In the contemporary world everything is a ‘brand’. It is<br />

now important for any competing brand to communicate<br />

clearly about what it is, and what purpose it serves – in<br />

order to make it relevant and desirable in an uncertain<br />

future. It is important that the Garda Benevolent Trust<br />

Fund clearly communicates both its brand values and<br />

essential ‘safety net’ utility to attract new members.<br />

The collective ideal is to provide a fund that is available to<br />

support members in an uncertain and unpredictable<br />

future, while remaining consistent with core values and<br />

origins – taking cognisance of the characteristics of<br />

trust, confidentiality and discretion.<br />

Garda Benevolent Trust Fund is known for its integrity<br />

and understanding of the nature of the job and the<br />

uncertainty and vulnerability of members’ in the line of<br />

duty.<br />

Garda Benevolent originated to alleviate hardship since<br />

1934 as the Dublin Metropolitan Gardaí Benevolent Trust<br />

Fund. The ethos remains unchanged.<br />

Garda Benevolent Trust Fund is there for all of life’s<br />

stages – education grants, support for children with<br />

special needs, advice providers when mortgages get into<br />

difficulty or general financial hardship strikes. Every case<br />

is treated individually.<br />

The services of a financial/mortgage adviser, Trevor<br />

Grant, has been retained by Garda Benevolent Trust Fund<br />

to streamline this very private process. Financial/<br />

mortgage Advice Service is very important to members<br />

who need it. In this regard it is crucial to state that “We<br />

are here”. Particulars are carried following this report.<br />

Garda Benevolent Trust Fund has grown and moved with<br />

the times – purchasing the retirement home, buying<br />

holiday homes for members to avail of; those recuperating<br />

from illness or for children with special needs. Garda<br />

Benevolent continues to be needed. There is always the<br />

chance it might be you who needs the safety net. You<br />

never know what life throws at you or what is down the<br />

road? A lifetime’s experience tells you life is uncertain.<br />

The education loan is available for both serving/retired<br />

members and their children. This is an interest-free<br />

unsecured loan of up to €4,000. There is no limit on the<br />

number of loans – subject to proof of induction on a<br />

recognised education course.<br />

ThE CENTRAl ObjECTIVES Of ThE TRuST fuND<br />

• To provide grants to assist with funeral expenses<br />

upon the death of a member, spouse, widow or child.<br />

• To provide loans to assist serving and retired<br />

members with 3rd level education for their dependant<br />

children.<br />

• To provide financial assistance to orphans of<br />

members to further their education.<br />

• To assist members and their families who experience<br />

financial hardship – at the sole discretion of the<br />

Committee of Management.<br />

• To provide holiday/respite for children of members<br />

with special needs.<br />

The year 2014 was a busy year with grants and<br />

allowances in excess of €676,500 paid out as follows:<br />

• On death of a member 300,000.00<br />

• On death of a widow 87,000.00<br />

• On death of a spouse 141,000.00<br />

• On death of a child 8,000.00<br />

• Ex-gratia payments 140,500.00<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

The following benefits are payable to members of the<br />

Trust Fund:<br />

• On death of a member €3,000.00<br />

• On death of a spouse €3,000.00<br />

• On death of a widow €3,000.00<br />

• Orphans allowance €3,000.00<br />

• On death of a child (under 18 and 23 if in fulltime<br />

education at the discretion of the Board of<br />

Management)<br />

The Trust Fund receives its main income from:<br />

a) Subscriptions from members of the Force<br />

b) Donations from members of public<br />

c) Functions run throughout the country by members<br />

d) Court Orders<br />

GARDA bENEVOlENT EDuCATION lOAN<br />

SChEmE<br />

The Company operates an Educational Loan Scheme for<br />

children of members of the Trust Fund (under 25 years of<br />

age) who wish to pursue third level studies.<br />

The maximum loan, which will be given to a member, will<br />

be €4,000.00 per student per annum.<br />

The administration subscription of €200.00 will be added<br />

to each loan of €4,000.00 granted.<br />

The total of €4,200 will be required to be repaid over 208<br />

weeks at €20.20 per week for serving members, or over<br />

48 months in the case of retired members at €87.50 per<br />

month (both deducted at source).<br />

The Scheme will only apply to participating educational<br />

institutions in the CAO/CAS list (Universities and<br />

Institutes of Technology).<br />

Consideration will also be given to applications for<br />

students attending similar educational establishments<br />

outside Ireland.<br />

During the year 2015, €1.72 million was issued in loans to<br />

members.<br />

€4.13 million was the balance due to the Trust Fund at the<br />

end of December for all loans advanced.<br />

hOlIDAy hOmE SChEmE<br />

Aylesbridge near Courtown, Co wexford and Donegal<br />

Town<br />

The Garda Benevolent Trust Fund continues to operate<br />

the Holiday Home Scheme as part of their initiative of<br />

improving the overall service to its members.<br />

The aim is to cater for serving and retired members who<br />

are members of the Trust Fund and have a child with<br />

special needs, by providing the entire immediate family<br />

with a one week holiday fully funded by the Garda<br />

Benevolent Trust Fund.<br />

The Trust Fund owns two properties in Donegal Town<br />

and two properties in Aylesbridge near Courtown, Co<br />

Wexford.<br />

All four houses are available under the Holiday Home<br />

Scheme to families who have a child with special needs<br />

who is under 23 years of age.<br />

Each house is fully furnished including washing machine,<br />

dryer and fully equipped kitchen.<br />

Properties at both locations are wheelchair accessible.<br />

Preference will be given to new applicants and to families<br />

who have availed of the Scheme on three occasions or<br />

less in the past.<br />

The Scheme has been in existence since the year 2000<br />

and continues to be a huge success with our members.<br />

More information on the Holiday Home Scheme can be<br />

found on www.gardabenevolent.ie or by emailing<br />

info@gardabenevolent.ie.<br />

GARDA RETIREmENT hOmE<br />

The Home is registered as required by the Health<br />

(Nursing Homes) Act, 1990.<br />

It was established by the Company and officially opened<br />

in 1986.<br />

It is fully occupied and provides nursing care as well as a<br />

homely atmosphere and security for some of our former<br />

colleagues, their spouses and/or widows.<br />

Relief of income tax is payable to the residents in respect<br />

of payments made for maintenance.<br />

Information in relation to the Home can be obtained direct<br />

from:<br />

8<br />

Garda Representative Association


Section 3: Sub-committee <strong>Report</strong>s<br />

Ms Mary Hanley, Head of Nursing Care and<br />

Services,<br />

Raheny House Nursing Home,<br />

476 Howth Road,<br />

Raheny,<br />

Dublin 5.<br />

Tel. 01 8311199<br />

Fax 01-8510213.<br />

REPORT fROm TREVOR GRANT, ChAIRmAN Of<br />

ThE ASSOCIATION Of ExPERT mORTGAGE<br />

ADVISORS<br />

Debt Repayment Difficulties? There are an<br />

increasing range of solutions.<br />

Whilst the most recent Central Bank statistics issued<br />

show that the number of mortgage-holders in arrears<br />

continues to fall for the tenth consecutive quarter there<br />

are still a total of 88,292 (11.8 per cent) of accounts in<br />

arrears at end of quarter four <strong>2016</strong>. The number of<br />

accounts in arrears over 90 days at end-December was<br />

61,931.<br />

The level of personal stress that loan repayment<br />

problems can bring into the family home and the<br />

workplace should not be underrated and it often has a<br />

detrimental and negative impact on the borrower’s<br />

domestic, social and working environment. Therefore it is<br />

vitally important that any borrower facing such<br />

difficulties take a proactive approach in dealing with this<br />

issue.<br />

Debt issues can arise for many reasons including,<br />

• Illness / Accident<br />

• Loss / Reduction in Income<br />

• Falling rents/rental voids<br />

• Increased Repayments<br />

• Marital/Relationship Breakdown<br />

The good news is that generally in genuine cases,<br />

Lenders will come to arrangements which broadly suit<br />

the financial circumstances the borrower finds<br />

themselves in. Wherever possible they do not want to<br />

repossess homes but they do want proactive<br />

engagement from those in difficulty and revised and<br />

maintained alternative repayment arrangements.<br />

The bad news is that Lenders will always act in their own<br />

best interests and this is rarely the same as the<br />

borrowers. Also the road to obtaining a revised<br />

repayment schedule can be long and hard, however<br />

ultimately it is definitely worth it.<br />

Even experienced property investors can be intimidated<br />

by the prospect of dealing directly with their Lender(s)<br />

when they require a revised mortgage repayment<br />

structure. In addition any borrower who finds themselves<br />

in financial distress needs a plan to be put in place<br />

regarding their entire debt and not just those specific to<br />

individual Lenders. In this regard there is a real need to<br />

obtain the advice of a qualified and authorised<br />

independent advisor on what can be a very personal and<br />

emotive issue.<br />

Key tips for distressed borrowers are:<br />

• Do not ignore Lender correspondence<br />

• Acknowledge your debt repayment issues<br />

• Always repay what you can reasonably afford<br />

• Prioritise your home loan repayment<br />

• Obtain independent advice from a qualified<br />

professional<br />

• Engage with your Lender<br />

The debt crisis has been raging for many years and<br />

those borrowers that have not yet put a long term<br />

solution in place are financially and mentally exhausted.<br />

It is vital for their financial and mental well -being that<br />

they commit to engaging with their Lenders to put such<br />

an arrangement in place.<br />

Lenders can and do engage and agree to long term<br />

arrangements based on the borrower’s unique personal<br />

financial circumstances. This may involve a debt write<br />

down dependent on personal circumstances. Properties<br />

in negative equity can be sold with an arrangement put in<br />

place regarding any residual debt arising and some<br />

unsecured creditors will accept lump sum payments in<br />

full and final settlement of larger sums outstanding. All is<br />

dependent on the borrowers personal circumstances.<br />

Recently amended bankruptcy and personal insolvency<br />

legislation greatly assists the negotiation position of<br />

borrowers in financial distress, even those who cannot<br />

or do not wish to avail of the legislation. The period for<br />

bankruptcy has now been reduced to one year<br />

(previously 3 years) and borrowers now have the right to<br />

appeal a decision by a creditor to veto their personal<br />

insolvency application.<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

The range of solutions available to borrowers in distress<br />

has developed significantly in recent years both formal<br />

and informal. Those who have not done so to date are<br />

best advised to discover the solution best suited to their<br />

personal circumstances. Key to putting such a solution in<br />

place is ensuring that your financial position is presently<br />

correctly to your Lenders and this is best done with the<br />

assistance of an authorised and qualified advisor.<br />

Trevor Grant is the Chairman of The Association of<br />

Expert Mortgage Advisors<br />

www.aema.ie<br />

E mail trevor@aema.ie<br />

80 Garda Representative Association


4 bENEfITS<br />

fOR mEmbERS<br />

lIfE ASSuRANCE SChEmE<br />

SERIOuS IllNESS SChEmE<br />

SAlARy PROTECTION PlAN<br />

ADDITIONAl VOluNTARy CONTRIbuTIONS<br />

hOuSE INSuRANCE SChEmE<br />

IllNESS/INjuRy SChEmE<br />

38th Annual Delegate <strong>Conference</strong> 81


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

lIfE ASSuRANCE SChEmE<br />

GARDA SIOChANA mEmbERS AND SPOuSES<br />

lIfE ASSuRANCE SChEmE<br />

Pay Codes 151/115<br />

The GRA Life Assurance Scheme since its inception in<br />

1968 has proven to be one of the most innovative and<br />

successful schemes of its type. The impact of collective<br />

bargaining power for a specific group of workers<br />

culminates in significantly enhanced terms and<br />

conditions as compared to what might be achieved on an<br />

individual basis. Tempted by the cumulative premiums of<br />

our membership the insurers are disposed to offering<br />

extremely keen terms in order to avail of the business.<br />

The scheme for our membership has proven to be a<br />

resounding success in terms of the security it provides<br />

for our membership and the unrivalled premium to benefit<br />

ratio. To obtain a similar degree of cover on an individual<br />

basis on the open market a member can expect to pay a<br />

much inflated premium.<br />

To become members of this scheme, members must join<br />

at the earliest opportunity and be members of a<br />

recognised Garda staff association for the duration of<br />

cover until retirement. Thereafter, members may retain<br />

cover up to 70 years of age. As with all Group Schemes<br />

one cannot opt out and later re-enter the Scheme, as such<br />

a scenario would prejudice the ethos of the collective<br />

bargaining power of such a scheme which relies on<br />

consistency of rules and diversity of membership.<br />

The Association through its broker, PenPro, endeavours<br />

to obtain the maximum benefit for our members. The<br />

Scheme has been renewed from 1 April 2015 for a three<br />

year period. When renewing any group protection<br />

scheme, insurers take into account the number of<br />

members, gender mix, and most particularly the average<br />

age of the membership and the claims paid out versus<br />

premiums paid in. As there were no new recruits in the<br />

last number of years, there have been no new entrants to<br />

the scheme, and therefore the average age of the<br />

membership has increased. However, on the plus side,<br />

the claims paid in 2014 was quite good compared with<br />

previous years, see claims table on next page, allowing<br />

for the negotiation of increases in benefit for serving<br />

members in the 40 to 50th birthday (€35,000 increase)<br />

and 50th to 60th birthday (€25,000 increase) age<br />

categories and for retired members in the 60th to 65th<br />

birthday (€15,000 increase) age category. The cost has<br />

remained unchanged.<br />

Benefits/Cost (to apply from 1.4.2015 to 31.3.2018)<br />

Serving Members<br />

Age Next Birthday Benefit Net Cost<br />

20th – 40th Birthday €350,000 €5.10 per week<br />

40th – 50th Birthday €260,000 €5.10 per week<br />

50th --60th Birthday €250,000 €5.10 per week<br />

Retired Members Scheme<br />

50th – 55th Birthday €175,000 €32.50 per month<br />

55th – 60th Birthday €150,000 €32.50 per month<br />

60th – 65th Birthday €100,000 €32.50 per month<br />

65th – 70th Birthday €10,000 € 2.00 per month<br />

The Association is also pleased to advise you of the<br />

following benefits:<br />

• Death cover for children of members aged under 21<br />

years is €7,500<br />

• If a serving member loses a limb or eye or is paralysed as<br />

a result of an accident, a benefit of €15,000 is payable.<br />

• Trainee Gardaí are included for €30,000 Life<br />

Assurance cover for their first 32 weeks, increased to<br />

€60,000 for the next 32 weeks, at no cost to the<br />

Trainee.<br />

Tax Relief<br />

Part of the scheme for Serving Members is approved by<br />

the Revenue Commissioners and this allows 80% of the<br />

premium to qualify for tax relief at the members’ marginal<br />

rate of tax. The tax relief is given as a top line deduction<br />

by Garda pay. The tax relief passes on real savings to<br />

members as illustrated below:<br />

Premium<br />

Weekly<br />

Gross premium €7.50<br />

Premium eligible for tax relief €6.00<br />

Less tax relief @ 40% €2.40<br />

Net premium: €5.10<br />

Deduction Code – Payslip<br />

As the tax relief is given on part of the premium Garda<br />

Pay need to operate two deductions on your payslip as<br />

follows:<br />

GRA Life A Code 7115 €6.00<br />

GRA Life B Code 6151 €1.50<br />

82 Garda Representative Association


Section 4: Benefits for Members<br />

Claims Experience<br />

Year<br />

Amount<br />

2008 €6,206,750<br />

2009 €7,105,330<br />

2010 €6,500,542<br />

2011 €6,282,500<br />

2012 €3,016,776<br />

2013 €4,045,000<br />

2014 €2,465,865<br />

2015 €4,657,500<br />

As can be seen above, following a good claims year in<br />

2014, we saw an almost doubling of claims paid in 2015.<br />

One of the most positive influences on any group scheme<br />

is the joining of new young members to keep the average<br />

age of the membership stable. Because there has been<br />

no recruitment for quite a number of years, there have<br />

been no new members joining the scheme and this has<br />

brought about an increase of some 8 years in the average<br />

age of the membership. Now that recruiting, be it at a<br />

lower level than previously, has started again the<br />

eventual inclusion of the new recruits as premium paying<br />

members will be most welcome. On a positive note, at<br />

present the scheme is showing a small positive variance<br />

between premiums paid and claims paid. Our Brokers,<br />

PenPro, will keep the scheme under review and alert the<br />

Association if the claims position deteriorates to such an<br />

extent that it may cause difficulty for the scheme.<br />

The Association believes that in continuing to provide<br />

existing benefits, without interrupting the main<br />

components of the scheme, that the actual cost reflects<br />

good value for money. In keeping with the best ethos and<br />

traditions of the GRA in maintaining a “group scheme”,<br />

we believe that the averaging of costs across the<br />

scheme reflect the caring attitude we have for each<br />

other, and that young and old benefit accordingly.<br />

maternity/unpaid leave<br />

During maternity leave the member and spouse/partner if<br />

applicable, will continue to be covered under the scheme<br />

and premiums will continue to be deducted from pay in<br />

the normal way. In the event of the member then taking<br />

unpaid leave our insurer will continue cover for up to 18<br />

weeks and waive the payment of premium. In the event<br />

of the member not returning to work after the 18 weeks it<br />

is their responsibility to ensure that premium is paid,<br />

otherwise cover will cease.<br />

Career breaks<br />

Members who avail of career breaks will continue to be<br />

covered for Life Assurance benefit under the Scheme,<br />

provided premiums continue to be paid, in advance, on a<br />

yearly basis. Cover will be maintained for a maximum<br />

number of five years.<br />

Spouses life Assurance Scheme – GRA members<br />

Spouses of members of the Garda Representative<br />

Association who are members of the Life Assurance<br />

Scheme are included in the cover arrangement for a<br />

benefit of €115,000 until such time as the member retires<br />

or ceases to be a member of the Association.<br />

The Association has negotiated life cover for partners of<br />

members of the Association and the benefit and terms<br />

are equal to that applicable to spouses of members, i.e.<br />

€115,000.<br />

Records on Database<br />

Members should ensure that their details recorded on the<br />

database at the GRA office are up to date in relation to<br />

their status etc. This is in the member’s/spouse/partner’s<br />

best interest. The Association urges all members to make<br />

a will.<br />

Cessation of Cover<br />

A member ceases to be covered for Life Assurance<br />

benefit when one of the following events occur:<br />

• On survival to his/her 70th birthday<br />

• On his/her leaving, or ceasing to be employed in the<br />

permanent service of the Garda Siochana before the<br />

earliest retirement age except where a member retires<br />

early due to illness.<br />

• On the date which a member ceases to contribute to<br />

the Scheme.<br />

• On the date which a member ceases to be a fully paid<br />

up member of the Garda Representative Association<br />

• Not a member of the relevant scheme on the date of<br />

promotion<br />

• Not a fulltime member of a recognised staff<br />

association in An Garda Siochana thereafter on<br />

promotion.<br />

On perusal of the above terms, I believe you will accept<br />

that all ranks are greatly benefiting from a scheme that is<br />

administered and operated by the Garda Representative<br />

Association. I trust you will agree that this arrangement<br />

represents the best possible terms available as<br />

illustrated by the benefits and premium as outlined<br />

above.<br />

The Association would like to thank all members who<br />

have continued to contribute to the scheme in their own<br />

interests and that of their spouses/partners and families.<br />

38th Annual Delegate <strong>Conference</strong><br />

83


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

SERIOuS IllNESS SChEmE<br />

Pay Code 6152<br />

The Garda Representative Association's serious illness<br />

scheme pays out more claims per capita than any other<br />

scheme across the public service. There is insufficient<br />

empirical evidence as to why this might be; but it<br />

reinforces the need for such a scheme. A great number<br />

of our colleagues have benefitted when they needed it<br />

most.<br />

The terms of the Garda Representative Association's<br />

serious illness scheme, as with all such group insurance<br />

schemes, have to be regularly (normally every three<br />

years) renewed through a negotiation process with the<br />

insurers. In the three years prior to the last renewal of<br />

the scheme on 1st November 2013, the Underwriters,<br />

Friends First, recorded a loss of €3.61 million which<br />

resulted in an upwardly revised quotation to the<br />

Association.<br />

The Association raised this issue with members at<br />

various seminars and meetings, and the feedback was<br />

that the scheme is highly valued by members and that<br />

the scheme be continued with sufficient and appropriate<br />

benefits by increasing the premiums accordingly.<br />

The Central Executive Committee agreed the following<br />

terms for a three year period effective from 1 November<br />

2013.<br />

A new category of benefit referred to as “Partial<br />

Payment” was introduced whereby the insurers, for less<br />

severe illnesses, pay a reduced benefit of:<br />

• €15,000 to serving members and their<br />

spouses/partners<br />

• €10,000 to retired members and their<br />

spouses/partners<br />

Benefits<br />

Benefit Full Partial Category of<br />

member<br />

A lump sum of €85,000 €15,000 Serving members<br />

A lump sum of €85,000 €15,000 Spouses/Partners<br />

of members<br />

where spouse/<br />

partner cover is<br />

chosen and<br />

premium is being<br />

paid.<br />

A lump sum of €42,500 €10,000 Retired Members<br />

A lump sum of €42,500 €10,000 Spouses of retired<br />

members where<br />

spouse cover is<br />

chosen and<br />

premium is being<br />

paid<br />

A lump sum of €25,000 € 5,000 Children of<br />

members (child<br />

cover will not<br />

apply until their<br />

1st birthday)<br />

A lump sum of €25,000 € 5,000 Trainee Gardaí<br />

(this covers the<br />

period of training)<br />

COST<br />

The premium for the above benefits is €4.83 for a<br />

member and children and €8.78 for a member/spouse or<br />

partner and children. Trainee Gardaí are covered free of<br />

charge for their term of training i.e. 64 weeks.<br />

• €5,000 to Trainee Gardaí and Children.<br />

84 Garda Representative Association


Section 4: Benefits for Members<br />

IllNESSES COVERED<br />

The illnesses covered under the terms of the Scheme are<br />

outlined hereunder:<br />

Full Benefit payment Specified Illnesses<br />

Alzheimer’s Aplastic Aorta Graft<br />

Disease Anaemia Surgery<br />

Bacterial Meningitis Balloon Benign Brain<br />

Valvuloplasty Tumour<br />

Benign Spinal Blindness Cancer<br />

Cord Tumour (total)<br />

Cardiomyopathy Chronic Lung Coma<br />

Disease<br />

Coronary Artery Creutzfeldt- Deafness (total)<br />

Surgery<br />

Jacob Disease<br />

Encephalitis Heart Attack/ Heart Valve<br />

Heart Structural Replacement<br />

Repair<br />

or Repair<br />

HIV Infection Kidney Failure Liver Failure<br />

Loss of Loss of Major Organ<br />

Independent Speech Transplant<br />

Existence<br />

Motor Neurone Multiple Multiple System<br />

Disease Sclerosis Atrophy<br />

Paralysis of Limbs Parkinsons Pre-Senile<br />

Disease Dementia<br />

Primary Pulmonary Hypertension Progressive<br />

Supranuclear Palsy Pulmonary Artery Surgery<br />

Rheumatoid Arthritis Severance of Limbs<br />

Stroke<br />

Systemic Lupus Third Degree Traumatic<br />

Erythematosus Burns Head Injury<br />

Partial Benefit Payment Specified Illnesses<br />

Brain Abscess Carcinoma Carotid Artery<br />

drained via in Situ Stenosis<br />

Craniotomy<br />

Cerebral Coronary Ductal<br />

Arteriovenous Angioplasty Carcinoma<br />

Malformation<br />

in Situ<br />

Low Level Serious Accident Surgical<br />

Prostate Cancer Cover Removal of<br />

One Eye<br />

Third Degree Burns<br />

(lesser)<br />

The above is just a basic list of illnesses covered. A<br />

booklet giving full explanations, pre-existing conditions,<br />

relevant survival periods and exclusions is available from<br />

the GRA office. Only the definitions in the Master Policy<br />

will determine the validity of a claim.<br />

REVIEw<br />

The next renewal of the scheme, when the plan will be<br />

renegotiated taking into account the number of<br />

members, age of the membership and particularly the<br />

variance between premiums and claims paid, is due to<br />

take place on 1st November <strong>2016</strong>. Since the last renewal<br />

on 1st November 2013 up to 31st March <strong>2016</strong> the<br />

Underwriters, Friends First, have recorded a loss of<br />

€870k, brought about particularly by the recent increase<br />

in the number of claims. In the first quarter of <strong>2016</strong>, 15<br />

claims have been paid and in addition there are 17 claims<br />

being processed. It is also very important to keep the<br />

average age of the membership steady and this is done<br />

by the introduction of new younger members. With no<br />

recruitment for many years there have been no new<br />

entrants to the scheme, and therefore the average of the<br />

membership has increased. The claims experience is of<br />

particular concern and our Brokers PenPro are in<br />

discussion with the underwriters and will revert in due<br />

course.<br />

mATERNITy/uNPAID lEAVE<br />

During maternity leave the member and spouse/partner if<br />

applicable, will continue to be covered under the scheme<br />

and premiums will continue to be deducted from pay in<br />

the normal way. In the event of the member then taking<br />

unpaid leave our insurer will continue cover for up to 16<br />

weeks and waive the payment of premium. In the event<br />

of the member not returning to work after the 16 weeks it<br />

is their responsibility to ensure that premium is paid,<br />

otherwise cover will cease<br />

CAREER bREAKS<br />

Members who avail of career breaks will continue to be<br />

covered under the scheme, provided premiums continue<br />

to be paid, in advance, on a yearly basis. Cover will be<br />

maintained for a maximum number of five years.<br />

mEmbER’S DETAIlS<br />

Members should ensure that their details recorded on the<br />

database held at the GRA Head Office are up to date in<br />

relation to their status. This is in the member’s/spouse/<br />

partner’s best interest. The Association advises that all<br />

members should make a Will.<br />

38th Annual Delegate <strong>Conference</strong><br />

85


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

SAlARy PROTECTION PlAN<br />

Pay Code 6165<br />

“when a claim is in payment members will never<br />

have less than 5% of Relevant Earnings”<br />

The new Salary Protection Plan which was introduced<br />

on the 1st July 2015 is a properly structured plan<br />

dovetailing with the new Public Service Sick Pay<br />

Arrangements. If you wanted evidence of how important<br />

the new plan is, you only have to look at the figures<br />

below of an actual claim administered by our brokers<br />

Penpro.<br />

mAIN fEATuRES Of ThE PlAN ARE AS<br />

fOllOwS:<br />

Eligibility<br />

All GRA members with more than 13 weeks to go to age<br />

60.<br />

Disablement<br />

Unable, due to sickness or injury (not on duty) to carry<br />

out your own occupation (Garda).<br />

Category Type of Pay Amount Basis of Calculation<br />

Pay while Serving Basic Pay €42,138 Garda Pay Scale<br />

Rostered Pay €10,029<br />

Rent Allowance € 4,155<br />

Total Serving Pay €56,322<br />

Without Salary Protection Sick Pay – First 13 weeks €46,293 (Basic + Rent)<br />

Sick Pay – 14 to 26 weeks €23,147 (Basic + Rent) x 50%<br />

Sick Pay – After 26 weeks €11,264 (TRR/Pension Rate of Pay)<br />

With Salary Protection<br />

First 26 weeks Sick Pay – First 13 weeks €46,293 (Basic + Rent)<br />

Sick Pay – 14 to 26 weeks €23,147 (Basic + Rent) x 50%<br />

From Salary Protection Plan €19,095 (75% of Total Serving Pay)<br />

Total Income €42,242 (less Sick Pay of €23,147)<br />

After 26 weeks Sick Pay – After 26 weeks €11,264 (TRR/Pension Rate of Pay)<br />

From Salary Protection Plan €30,978 (75% of Total Serving Pay)<br />

Total Income €42,242 (less Sick Pay of €11,264)<br />

8<br />

Garda Representative Association


Section 4: Benefits for Members<br />

whEN wIll bENEfIT bE PAID?<br />

After 13 weeks accrued sick leave in a non-serious illness<br />

case and 26 weeks accrued sick leave in a serious<br />

illness case ie. the scheme will dovetail with Public<br />

Sector sick pay rules.<br />

Accrual of sick leave to qualify for benefit payment: Any<br />

sick leave accrued by a member before becoming a<br />

member of the plan will not be used when calculating the<br />

deferred period. Sick leave accrued by members of the<br />

existing plan during their membership of that plan will be<br />

taken into account.<br />

RElEVANT EARNINGS<br />

For the purpose of calculating benefit relevant earnings<br />

will be your Superannuation Earnings ie: Basic Pay + Rent<br />

allowance + Rostered Pay + other reckonable allowances.<br />

hOw IS ThE bENEfIT CAlCulATED?<br />

The benefit is calculated as 75% of relevant earnings.<br />

Maximum benefit will be 75% of relevant earnings less ill<br />

health early retirement pension, social welfare benefit,<br />

pension rate of pay, or any other replacement income<br />

from any other source. The GRA Illness/Injury Scheme<br />

benefit of €75 per week which is paid after 5 weeks for<br />

13 weeks will not be taken into account when calculating<br />

benefit.<br />

Maximum benefit for member over 50 with 30 years<br />

service is 25% of relevant earnings.<br />

wIll ThE bENEfIT INCREASE DuRING<br />

PAymENT?<br />

Yes. The benefit will increase by 3% p.a. or the Consumer<br />

Price Index whichever is less.<br />

whEN wIll ThE bENEfIT CEASE bEING PAID?<br />

• Joined pre 1.4.2004: Age 50 or 30 yrs service<br />

whichever is later.<br />

• Joined post 1.4.2004: Age 55 or 30 yrs service<br />

whichever is later.<br />

• Joined post 1.1.2013: Age 60.<br />

COST<br />

1.29% of Relevant Earnings. Premium qualifies for full tax<br />

relief given as top slicing relief by Garda Pay.<br />

Relevant Gross Weekly Tax Net Weekly<br />

Earnings Premium Relief Premium<br />

€32,000 €7.94 20% €6.35<br />

€40,000 €9.92 20%/40% €7.94/€5.95<br />

€45,000 €11.16 40% €6.70<br />

€55,000 €13.64 40% €8.20<br />

€60,000 €14.88 40% €8.93<br />

TO jOIN<br />

An Application Form will be available at the PenPro stand<br />

at conference or contact PenPro @ 01-2000 100.<br />

ARE ThERE ANy RESTRICTIONS?<br />

Yes.<br />

(a) Back related claims will be paid for a maximum<br />

period of 5 years. This restriction has been included<br />

initially to safeguard the plan. However it will be kept<br />

under review.<br />

(b) For members over 50 with 30 years’ service benefit<br />

will be paid for a maximum of one year.<br />

38th Annual Delegate <strong>Conference</strong><br />

8


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

ADDITIONAl VOluNTARy<br />

CONTRIbuTIONS<br />

(AVCs)<br />

Additional Voluntary Contributions (AVCs) qualify for tax<br />

relief at the marginal rate of tax which for most members<br />

is 40%. For every €1 invested, 60 cent is paid by the<br />

member and 40 cent is paid by Revenue.<br />

The interest earned on any savings in banks, building<br />

societies, credit unions attracts Deposit Interest<br />

Retention Tax (DIRT) at a rate of 40%. The GRA AVC<br />

scheme is a Revenue approved scheme and as such is<br />

exempt from taxes on growth in the fund. Many members<br />

retire at a time when they still have sizeable outgoings at<br />

home such as a mortgage, children going to college etc.<br />

By making an AVC you can build up a sum of money to<br />

supplement your pension in retirement with the aid of<br />

Revenue.<br />

Members close to retirement should avail of the “Last<br />

minute AVC”. The profit to be made from a last minute<br />

AVC is approximately 37% of the amount invested.<br />

For AVC advice contact PenPro @ 01 – 2000100<br />

hOuSE INSuRANCE SChEmE<br />

The PenPro facilitated House Insurance Scheme is<br />

proving to be worthwhile – with two out of three<br />

members who get a quote placing their house insurance<br />

through the scheme.<br />

The scheme provides:<br />

• Keenest premium rates – substantial savings<br />

• No administration fees<br />

• Independent quoting – not tied to any one insurer<br />

• Advice provided on levels of cover and policy excess<br />

• Cover can be arranged in one phone call.<br />

For a quote and advice----LoCall 1890 – 989464<br />

88 Garda Representative Association


Section 4: Benefits for Members<br />

IllNESS/INjuRy SChEmE<br />

Enhanced Benefits<br />

An added benefit of GRA membership is the payment of<br />

€75 per week if a member suffers illness or an injury<br />

sustained off duty for more than five weeks up to 13<br />

weeks. This cost-free benefit, if taken with the Income<br />

Protection Scheme can abate the hardship caused by<br />

loss of earnings through illness and injury.<br />

CONDITIONS Of ThE SChEmE<br />

1. The Association will normally pay from its funds and<br />

on an ex gratia basis the sum of €75.00 per week<br />

for up to thirteen weeks to members who are<br />

medically certified as being unfit for duty through<br />

absences for extended periods.<br />

Benefit is payable for up to 13 weeks in respect of<br />

any one specific illness over a two year period (to<br />

the end of the 18th week from the commencement<br />

of the absence).<br />

2. The Scheme applies to absences through illness<br />

which commenced on or after the 1st January, 1989<br />

and absences through injury from the 1st May, 1989.<br />

3. Benefit will not be payable in respect of absences<br />

resulting from an injury on duty.<br />

4. Benefit will not be payable where a claim is pending<br />

against a third party.<br />

5. The ex gratia benefit will not apply to the first five<br />

weeks of any period of non effectiveness.<br />

6. A five-week excess period will apply to each<br />

separate period of non-effectiveness.<br />

7. A member claiming benefit under this arrangement<br />

should do so within ten weeks of commencement of<br />

non-effectiveness.<br />

8. Each claim will be accompanied by a Doctor’s<br />

certificate on a form, which will be provided from<br />

this office.<br />

9. Benefit will not be payable in respect of absences<br />

occasioned by alcoholism.<br />

10. The Central Executive Committee reserves the right<br />

to require a claimant for benefit under this<br />

arrangement to submit to an examination by a<br />

medical referee nominated by the Association.<br />

11. Any serious irregularity in the making of a claim or<br />

the making of a false claim for benefit provided for<br />

herein will automatically disqualify the claimant from<br />

all Association’s benefits.<br />

12. The Central Executive Committee reserves the right<br />

to be the final arbiters.<br />

ClAImS ExPERIENCE<br />

€102,859.13 was paid out of Association funds in respect<br />

of illness/injury claims for 2015 – this represents a<br />

decrease of 46.6% compared to payments in respect of<br />

claims for 2014.<br />

The following is an analysis of claims experience for<br />

2015, together with an overview of expenditure since the<br />

introduction of the scheme in 1989 up to the 31st<br />

December, 2015.<br />

Illness Claims 2015 60 claims processed 60,409.13<br />

Illness Claims 2014 3 claims processed 525.00<br />

Illness Claims 2012 1 claim 525.00<br />

Injury Claims 2015 84 claims processed 40,050.00<br />

Injury Claims 2014 4 Claims 1,350.00<br />

OVERVIEw Of SChEmE<br />

1989 €55,083.65<br />

1990 €99,750.41<br />

1991 €119,608.38<br />

1992 €82,001.27<br />

1993 €53,056.10<br />

1994 €55,010.95<br />

1995 €53,573.33<br />

1996 €76,642.96<br />

1997 €65,872.94<br />

1998 €64,642.67<br />

1999 €49,904.96<br />

2000 €35,833.67<br />

2001 €41,833.75<br />

2002 €36,470.44<br />

2003 €44,359.00<br />

2004 €36,070.00<br />

2005 €36,505.00 -><br />

38th Annual Delegate <strong>Conference</strong><br />

8


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

2006 €39,869.06<br />

2007 €57,241.00<br />

2008 €66,076.20<br />

2009 €147,789.87<br />

2010 €164,315.36<br />

2011 €242,830.87<br />

2012 €265,741.37<br />

2013 €281,134.13<br />

2014 €192,948.27<br />

2015 €102,859.13<br />

Total expenditure since the inception of the Scheme =<br />

€2,566,115.20.<br />

0<br />

Garda Representative Association


5 ANNuAl<br />

DElEGATE<br />

CONfERENCE<br />

REPORT fROm 3Th ANNuAl DElEGATE<br />

CONfERENCE<br />

DElEGATES TO 3Th ANNuAl DElEGATE<br />

CONfERENCE<br />

38th Annual Delegate <strong>Conference</strong><br />

1


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

REPORT fROm 3Th ANNuAl<br />

DElEGATE CONfERENCE<br />

mOuNT wOlSElEy hOTEl, TullOw, CO CARlOw. 28–2 APRIl 2015<br />

OPENING Of CONfERENCE<br />

The President, Mr Dermot O’Brien, officially opened<br />

<strong>Conference</strong> at 10 a.m. on Tuesday, 28th April 2015. He<br />

welcomed delegates and guests to the 37th Annual<br />

Delegate <strong>Conference</strong> and delivered his opening address.<br />

Pay and Conditions dominated proceedings at the 2015<br />

<strong>Conference</strong>. The theme of the 2015 <strong>Conference</strong> was<br />

“Pay Back Now”.<br />

ATTENDANCE<br />

The Standing Orders Committee were responsible for the<br />

registration of delegates to <strong>Conference</strong>. The register is<br />

retained at the GRA Head Office.<br />

ADOPTION Of STANDING ORDERS<br />

The President Demot O’Brien, proposed the adoption of<br />

Standing Orders.<br />

Joe McGivern, Division 2, seconded the adoption of<br />

Standing Orders and on a vote Standing Orders were<br />

adopted.<br />

APPOINTmENT Of TEllERS<br />

The following delegates were appointed to act as Tellers<br />

for the duration of <strong>Conference</strong>:<br />

Shane Travers<br />

Galway<br />

Joe Cawley<br />

Waterford<br />

Neville McCormack SDU<br />

Bernard Sheehan Cork City<br />

Gerard Naughton Galway<br />

ElECTION Of TRuSTEE<br />

Dermot O’Brien, President, advised delegates that he<br />

was taking names from the floor for the position of<br />

Trustee.<br />

The following candidates were proposed and<br />

seconded:<br />

Name Station Division<br />

BONNER, Shane Traffic Dept. DMR South Central<br />

BYRNE, Julie-Anne Tallaght DMR South<br />

CHARLES, Danny Store Street DMR North Central<br />

SWEENEY, Gerry Galway Galway<br />

Result of ballot<br />

Gerard Sweeney Galway 49<br />

Julie-Anne Byrne DMR South<br />

Danny Charles DMR North Central<br />

Shane Bonner DMR South Central<br />

The President informed delegates that Gerard Sweeney,<br />

Galway Division was deemed elected to the Board of<br />

Trustees for five years.<br />

Note:<br />

• Gerard Sweeney, Galway Division serves on the Board<br />

of Trustees for five years.<br />

• Peter Egan, DMR South Division serves on the Board<br />

of Trustees for four years.<br />

• James Boyle, Cavan/Monaghan Division serves on the<br />

Board of Trustees for three years.<br />

• Joe McGivern, Sligo/Leitrim Division serves on the<br />

Board of Trustees for two years.<br />

• Michael Egan, Carlow/Kilkenny Division serves on the<br />

Board of Trustees for one year.<br />

ElECTION TO ThE STANDING ORDERS COmmITTEE<br />

Dermot O’Brien, President, advised <strong>Conference</strong> of the<br />

members nominated for election to the Standing Orders<br />

Committee. The nominees are as follows:<br />

FINN, Deirdre Shankill DMR East<br />

HEDDERMAN, Yvonne Irishtown DMR South Central<br />

HENNESSY, Liam Ballivor Meath<br />

KIRWAN, Damien Crumlin DMR South<br />

LESTER, Ian Togher Cork City<br />

WARD, Eamonn Moville Donegal<br />

2<br />

Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Result<br />

Dermot O’Brien, President, advised <strong>Conference</strong> of the<br />

result of the ballot and indicated that the following<br />

members would comprise the Standing Orders<br />

Committee for one year:<br />

PRESIDENT’S ADDRESS TO mINISTER<br />

Votes:<br />

Liam Hennessy Meath 109 Votes<br />

Deirdre Finn DMR East 97 Votes<br />

Damien Kirwan DMR South 87 Votes<br />

Eamon Ward Donegal 82 Votes<br />

Ian Lester Cork City 79 Votes<br />

Dermot O’Brien, President, welcomed the Minister for<br />

Justice and Equality, Frances Fitzgerald, T.D. He then<br />

proceeded to deliver his address to <strong>Conference</strong> and told<br />

the Minister that Garda pay is on top of the agenda and<br />

not talk of reform and modernisation.<br />

Minister Frances Fitzgerald thanked the President for his<br />

invitation to address <strong>Conference</strong> and delivered her<br />

address during which she promised increased investment<br />

to ensure a sustainable future for An Garda Siochana. He<br />

said “the first thing to restore faith with the members we<br />

represent is to pay back what is rightfully ours”.<br />

Yvonne Hedderman, DMR South, was elected as substitute<br />

to the Standing Orders Committee in accordance with the<br />

Constitution and Rules of the Association.<br />

PRESIDENT’S ADDRESS TO COmmISSIONER<br />

Dermot O’Brien, President, welcomed the Garda<br />

Commissioner, Nóirín O’Sullivan, to <strong>Conference</strong>. He then<br />

proceeded to deliver his address to <strong>Conference</strong> and<br />

stressed that professional leadership was required<br />

across the organisation and not heavy handed<br />

incompetence. On conclusion, he invited the<br />

Commissioner to address <strong>Conference</strong>.<br />

COmmISSIONER’S ADDRESS TO CONfERENCE<br />

Commissioner Nóirín O’Sullivan thanked the President for<br />

his invitation to address <strong>Conference</strong> and delivered her<br />

address during which she emphasised that her priority is<br />

to build the best police service in the world. The<br />

Commissioner made herself available to <strong>Conference</strong> for a<br />

Question and Answer session. The President thanked<br />

the Commissioner for a very productive session.<br />

TREASuRER’S REPORT<br />

Pat Ennis, Treasurer, made a detailed Power-Point<br />

presentation of the Accounts to <strong>Conference</strong> addressing<br />

questions received by him in accordance with the<br />

Constitution and Rules of the Association. Joe McGivern,<br />

Division 2 formally proposed the adoption of Accounts<br />

for year-end 31st December, 2014. Gerard Sweeney,<br />

38th Annual Delegate <strong>Conference</strong><br />

3


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Division 5, seconded the proposal and on a vote the<br />

Accounts were adopted.<br />

Pat Ennis, Treasurer, took the opportunity to thank<br />

<strong>Conference</strong> for their co-operation and support..<br />

CEC REPORT<br />

P J Stone, General Secretary addressed delegates on<br />

the various topics contained in the CEC <strong>Report</strong>. He<br />

informed delegates that “if we don’t get access in the<br />

coming weeks on our entitlement to be heard in respect<br />

of our pay and the recovery of what was taken from us,<br />

we will have failed our membership and we will have let<br />

them down. He said that he was not prepared to<br />

negotiate on any issue relating to productivity until we<br />

first recover what we are rightly owed, on the deficit<br />

which we have already given. If there is any suggestion<br />

that we are becoming complacent weak or that we can<br />

be taken for granted, the message that has to go from<br />

<strong>Conference</strong> is that the Association and its membership is<br />

ready to do whatever is required in order to fulfil the need<br />

for our members to be properly remunerated. On behalf<br />

of the Association he thanked delegates for their<br />

commitment to the Association and said they deserve<br />

the appreciation of the entire membership.<br />

The President, Dermot O’Brien, proposed the adoption of<br />

the report, this was seconded by Gerard Sweeney and<br />

on a vote the <strong>Report</strong> was adopted.<br />

GuEST SPEAKERS<br />

Martin Sheehan, Penpro gave a detailed presentation to<br />

<strong>Conference</strong> delegates on the new enhanced Income<br />

Protection Plan which was due to commence on the 1st<br />

July, 2015.<br />

He told delegates that the income would be payable after<br />

an excess period of an accrued 13 week period. The<br />

benefit of 75% would be made up from all pensionable<br />

remuneration (basic pay plus pensionable allowances)<br />

and that the cost of 1.29% would be deducted in a similar<br />

manner i.e. pensionable remuneration. He urged<br />

delegates to take away the documentation circulated at<br />

the opening of <strong>Conference</strong> and said that information<br />

meetings would be scheduled throughout the various<br />

Divisions..<br />

ClOSE Of CONfERENCE<br />

Bernadette Connell, Chairperson, <strong>Conference</strong><br />

Arrangements Committee, thanked the delegates and<br />

everyone involved in the preparation for <strong>Conference</strong> and<br />

asked <strong>Conference</strong> to remit the selecting of a venue for<br />

<strong>Conference</strong> <strong>2016</strong> to the Central Executive Committee.<br />

<strong>Conference</strong> agreed to remit to the CEC the choice of<br />

venue.<br />

Dermot O’Brien, President, thanked delegates for their<br />

support through <strong>Conference</strong> and brought <strong>Conference</strong> to<br />

a close at 18.00 hours on Wednesday 29th April 2015.<br />

4<br />

Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

mOTIONS bEfORE GRA ANNuAl<br />

CONfERENCE 2015<br />

mOTIONS CARRIED<br />

1 “That <strong>Conference</strong> calls on the Minister for Justice<br />

and Equality to reverse all emergency pay cuts and<br />

austerity measures enforced on members since<br />

2008 as a matter of priority.”<br />

Action: Referred to Strategy and Services Sub<br />

Committee.<br />

2. “That <strong>Conference</strong> directs the Central Executive<br />

Committee and secretariat, in light of the much<br />

publicised recovery in the Irish economy, to make<br />

whatever provision is necessary, so that the GRA is<br />

fully prepared to pursue all avenues open to the<br />

Association to:<br />

(a) recover the non-discretionary losses in our<br />

earnings since 2008 and,<br />

(b) pursue full compensation for all of the<br />

productivity delivered by our membership during<br />

the economic recession of the last six years.”<br />

Action: Referred to Strategy and Services Sub<br />

Committee.<br />

3. “That <strong>Conference</strong> calls on the Minister for Justice<br />

and Equality to have rent allowance paid to new<br />

entrants to An Garda Síochána from 2014.”<br />

Action: Referred to the Officer Board. This was<br />

raised with Minister Fitzgerald at meetings held on<br />

the 4th November 2015 and again on the 27th<br />

January <strong>2016</strong>.<br />

4. “That <strong>Conference</strong> calls on Government to<br />

immediately repeal the Financial Emergency<br />

Measures in the Public Interest Act 2013 which<br />

granted the power to alter terms and conditions of<br />

employment of members of An Garda Síochána<br />

without consultation and agreement.”<br />

Action: Referred to Officer Board. The Officer Board<br />

wrote on this issue to the Chairman of the<br />

Haddington Road Review Mr. Ray Mc Gee and also<br />

to the Director General of the WRC, Mr. Kieran<br />

Mulvey. We have since raised this at meetings with<br />

Mr. McGee. In addition, the Officer Board met with<br />

the three Senators on the 19th January <strong>2016</strong> on<br />

and as a result met with the Minister for Justice on<br />

the 27th January <strong>2016</strong> on this specific matter.<br />

7. “That <strong>Conference</strong> seeks a minimum period of 48 hours’<br />

notice from Garda management on the cancellation<br />

of directed overtime and that a compensatory rate<br />

of 50% of the applicable hourly overtime rate to a<br />

minimum of three hours be paid in lieu.”<br />

Action: Referred to Strategy and Services Sub<br />

Committee.<br />

11. “That <strong>Conference</strong> seeks to have clear and<br />

unambiguous guidelines issued in respect of<br />

temporary transfers to ensure they do not deprive<br />

our members of their entitlements and that an<br />

appeals mechanism be introduced for temporary<br />

transfers.”<br />

Action: Referred to Transfers Sub Committee.<br />

12. ”That <strong>Conference</strong> demands that a code of practice<br />

be implemented for the allocation of training courses<br />

so that the system is transparent and equitable.”<br />

Action: Referred to Training Sub Committee.<br />

14. ”That <strong>Conference</strong> calls on the Garda Commissioner<br />

to provide comprehensive training to all Garda<br />

members on procedures on stopping vehicles that<br />

fail to comply with a lawful direction/signal by<br />

members of An Garda Síochána.”<br />

Action: Referred to Training Sub Committee.<br />

15. ”That <strong>Conference</strong> seeks that annual firearms<br />

training would incorporate tactical training and<br />

would also include and deliver tactical training to all<br />

authorised firearms card holders.”<br />

Action: Referred to Training Sub Committee.<br />

19. ”That <strong>Conference</strong> demands a minimum of one patrol<br />

van with the capability of transporting prisoners per<br />

Garda District.”<br />

Action: Referred to Information Technology Uniform<br />

and Equipment Sub Committee.<br />

38th Annual Delegate <strong>Conference</strong><br />

5


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

28. “That <strong>Conference</strong> calls on the Minister for Justice<br />

and Equality to ensure that each District<br />

Headquarters is upgraded to a standard capable of<br />

providing a modern police service.”<br />

Action: Referred to Accommodation Sub<br />

Committee.<br />

30. “That <strong>Conference</strong> calls for the re-instatement of the<br />

Uzi submachine gun (or an equivalent) and the<br />

introduction of ballistic shields for all members who<br />

attend armed incidents.”<br />

Action: Referred to Uniform IT and Equipment Sub<br />

Committee.<br />

31. “That <strong>Conference</strong> calls for the introduction of leg<br />

restraints for use by all operational members.”<br />

Action: Referred to Uniform, IT and Equipment Sub<br />

Committee.<br />

35. “That <strong>Conference</strong> demands that the Department of<br />

Justice and Equality draft legislation in relation to<br />

mandatory sentences on conviction for those who<br />

carry out assaults on members of An Garda<br />

Síochána.”<br />

Action: Referred to Legal Assistance Sub<br />

Committee.<br />

37. “That <strong>Conference</strong> seeks that in line with the Public<br />

Service Health (Availability of Defibrillators) Bill<br />

2013, that a defibrillator is installed in every Public<br />

Office for use by members of the public and Gardaí<br />

in the interest of public safety and that adequate<br />

training be provided to members of An Garda<br />

Síochána.”<br />

Action: Referred to Health and Safety Sub<br />

Committee.<br />

40 “That <strong>Conference</strong> demand that frontline members<br />

are immediately trained in the use of non-lethal<br />

personal protective equipment ECD (Taser) and that<br />

it is issued at station level as soon as possible.”<br />

Action: Referred to Uniform, IT and Equipment Sub<br />

Committee.<br />

41. “That <strong>Conference</strong> seeks the immediate<br />

implementation of PULSE, internet and e-mail<br />

access along with supporting IT hardware to all nonnetworked<br />

Garda Stations across the country.”<br />

Action: Referred to Uniform, IT and Equipment Sub<br />

Committee.<br />

42. “That <strong>Conference</strong> demands the implementation of a<br />

long term recruitment plan to address the crisis of<br />

staff shortages in An Garda Síochána.”<br />

Action: Referred to Officer Board. This motion has<br />

been in part addressed with the re-commencement<br />

of recruitment. However, the Officer Board has<br />

called on both the Minister for Justice and Mr.<br />

Raymond McGee at meetings with them to support<br />

the carrying out of an Optimum Number Survey for<br />

the Force.<br />

mOTION REmITTED bACK TO CENTRAl ExECuTIVE<br />

COmmITTEE<br />

13. “That <strong>Conference</strong> seeks that the Garda<br />

Commissioner undertakes a review of the training<br />

provided to Gardaí to ensure that a comprehensive<br />

and appropriately staffed CPD programme is<br />

developed and delivered to members as a matter of<br />

urgency.”<br />

Action: Referred to Training and Career<br />

Development Sub Committee.<br />

mOTIONS NOT REAChED<br />

Motions No. 5, 6, 8, 9,10, 16, 17,18, 20, 21, 22, 23, 24, 25,<br />

26, 27,29, 32, 33,34, 36, 38, 39, 43, 44, 45, 46 and 47<br />

were not reached.<br />

AmENDmENTS TO RulES bEfORE CONfERENCE<br />

2015<br />

CARRIED<br />

Rule 4<br />

Candidates for the office of Trustee shall be nominated<br />

by any Divisional Committee of the Association. At the<br />

date of their nomination, election and continuance in<br />

office they shall be members of the Association in good<br />

standing and serving members of a Divisional<br />

Committee. They shall be delegates at the Annual<br />

Delegate <strong>Conference</strong> at which they are elected. A<br />

Trustee shall not be a member of the Central Executive<br />

Committee and shall not hold the office of President, Vice<br />

President, General Secretary, Deputy General Secretary,<br />

Assistant to the General Secretary (no matter how<br />

described) or be an employee of the Association.<br />

Addendum Rule 64<br />

After the word “Association” in last line of current rule<br />

add the following sentence "In the event of a Trustee not<br />

<br />

Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

being re-elected to the Divisional Committee during his<br />

term of office he will remain as a de facto Trustee, and<br />

shall attend the next Annual Delegate <strong>Conference</strong> for<br />

that purpose, until the position is filled at <strong>Conference</strong>,<br />

notwithstanding the requirements of Rule 64”.<br />

Amended Rule 64 reads:<br />

Candidates for the office of Trustee shall be nominated<br />

by any Divisional Committee of the Association. At the<br />

date of their nomination, election and continuance in<br />

office they shall be members of the Association in good<br />

standing and serving members of a Divisional<br />

Committee. They shall be delegates at the Annual<br />

Delegate <strong>Conference</strong> at which they are elected. A<br />

Trustee shall not be a member of the Central Executive<br />

Committee and shall not hold the office of President, Vice<br />

President, General Secretary, Deputy General Secretary,<br />

Assistant to the General Secretary (no matter how<br />

described) or be an employee of the Association. In the<br />

event of a Trustee not being re-elected to the Divisional<br />

Committee during his term of office he will remain as a de<br />

facto Trustee, and shall attend the next Annual Delegate<br />

<strong>Conference</strong> for that purpose, until the position is filled at<br />

<strong>Conference</strong>, notwithstanding the requirements of Rule<br />

64.<br />

Rule 3<br />

73. General Secretary<br />

(a) There shall be a General Secretary of the<br />

Association (hereinafter referred to as the “General<br />

Secretary”) who may be a member of the<br />

Association or a member of An Garda Síochána<br />

other than a member of the Association or a person<br />

who is not a member of An Garda Síochána.<br />

(b) The General Secretary shall be appointed by the<br />

Central Executive Committee and such appointment<br />

and conditions attaching thereto shall be ratified by<br />

the next Annual or Special Delegate <strong>Conference</strong><br />

following the appointment.<br />

(c) The General Secretary shall be employed on a full<br />

time basis under contractual agreement and shall<br />

fulfil such duties as are assigned to him by the<br />

Central Executive Committee.<br />

(d) Where the person so appointed is a member of the<br />

Central Executive Committee, a Divisional<br />

Committee or District Committee he shall cease to<br />

be a member of such Committee or Committees<br />

upon ratification of his appointment by Annual or<br />

Special Delegate <strong>Conference</strong>. Pending such<br />

ratification his position on such Committee or<br />

Committees shall be temporarily filled by another<br />

member co-opted to such Committee or Committees<br />

for that purpose.<br />

(e) The General Secretary shall be responsible for the<br />

safe custody of all reports, papers and resolutions<br />

passed or approved by <strong>Conference</strong>.<br />

(f) The General Secretary shall be responsible for the<br />

day to day supervision and running of the office of<br />

the Secretariat at the Association Headquarters and<br />

for the deployment and management of the staff<br />

therein.<br />

Proposed Amendments to Rule 73<br />

73 (b) In line 2 replace the word “shall” with the words<br />

“will require to” and continue to end.<br />

At end after the word “appointment” add the following<br />

words “The appointment will after a period of three<br />

consecutive Annual <strong>Conference</strong>s excluding the<br />

<strong>Conference</strong> at which the person was ratified be subject<br />

to re-appointment and remuneration review and will<br />

require to be endorsed by two thirds of the votes cast by<br />

the CEC members, and the re-appointment will require to<br />

be further ratified by the following Annual Delegate<br />

<strong>Conference</strong>, without any limit on the number of such reappointments.”<br />

73 (c) In line 1 add the words “a defined” after the word<br />

“under” and continue to line 2<br />

In line 2 add the word “/her” after the word “him” and<br />

continue to end<br />

73 (d) In line 2 Add the word “/she” after the word “he”<br />

and continue to line 4<br />

In line 4 add the word “/her” after the word “his” and<br />

continue to end.<br />

Amended Rule 73 reads:<br />

73. General Secretary<br />

(a) There shall be a General Secretary of the<br />

Association (hereinafter referred to as the “General<br />

Secretary”) who may be a member of the<br />

Association or a member of An Garda Síochána<br />

other than a member of the Association or a person<br />

who is not a member of An Garda Síochána.<br />

(b) The General Secretary shall be appointed by the<br />

Central Executive Committee and such appointment<br />

and conditions attaching thereto will require to be<br />

ratified by the next Annual or Special Delegate<br />

<strong>Conference</strong> following the appointment. The<br />

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CENTRAL EXECUTIVE COMMITTEE REPORT<br />

appointment will after a period of three consecutive<br />

Annual <strong>Conference</strong>s excluding the <strong>Conference</strong> at<br />

which the person was ratified be subject to reappointment<br />

and remuneration review and will<br />

require to be endorsed by two thirds of the votes<br />

cast by the CEC members, and the re-appointment<br />

will require to be further ratified by the following<br />

Annual Delegate <strong>Conference</strong>, without any limit on<br />

the number of such re-appointments.<br />

(c) The General Secretary shall be employed on a full<br />

time basis under a defined contractual agreement<br />

and shall fulfil such duties as are assigned to<br />

him/her by the Central Executive Committee.<br />

(d) Where the person so appointed is a member of the<br />

Central Executive Committee, a Divisional<br />

Committee or District Committee he/she shall cease<br />

to be a member of such Committee or Committees<br />

upon ratification of his appointment by Annual or<br />

Special Delegate <strong>Conference</strong>. Pending such<br />

ratification his/her position on such Committee or<br />

Committees shall be temporarily filled by another<br />

member co-opted to such Committee or Committees<br />

for that purpose.<br />

(e) The General Secretary shall be responsible for the<br />

safe custody of all reports, papers and resolutions<br />

passed or approved by <strong>Conference</strong>.<br />

(f) The General Secretary shall be responsible for the<br />

day to day supervision and running of the office of<br />

the Secretariat at the Association Headquarters and<br />

for the deployment and management of the staff<br />

therein.<br />

Rule 4<br />

74. Deputy General Secretary<br />

(a) The Central Executive Committee shall employ a<br />

suitably qualified member or non-member to hold<br />

the position as Deputy General Secretary. An<br />

appointment to the office of Deputy General<br />

Secretary and the conditions attaching thereto shall<br />

be ratified by the next Annual or Special Delegate<br />

<strong>Conference</strong> held following the appointment.<br />

(b) The Post of Deputy General Secretary will be filled<br />

on a full-time basis under contractual agreement.<br />

(c) He will assist the General Secretary in the provision<br />

of the Secretariat function to the Association.<br />

General Secretary, otherwise the day to day<br />

functions of the Deputy General Secretary shall be<br />

the responsibility of the General Secretary.<br />

(e) The Deputy General Secretary may attend meetings<br />

of the Central Executive Committee by leave of the<br />

Committee, but he shall not be a member of the<br />

Central Executive Committee, shall not vote on<br />

matters submitted to a vote of the Central Executive<br />

Committee and shall not propose or second motions<br />

at a meeting of the Central Executive Committee.<br />

(f) Where the person so appointed is a member of the<br />

Central Executive Committee, a Divisional<br />

Committee or District Committee he shall cease to<br />

be a member of such Committee or Committees<br />

upon ratification of his appointment by Annual or<br />

Special Delegate <strong>Conference</strong>. Pending such<br />

ratification his position on such Committee or<br />

Committees shall be temporarily filled by another<br />

member co-opted to such Committee or Committees<br />

for that purpose.<br />

Proposed Amendments to Rule 74<br />

74(a) In line 3 replace the word “shall” with the words<br />

“will require to” and continue to end<br />

At end and after the word “appointment” add the<br />

following words “The appointment will after a period of<br />

three consecutive Annual <strong>Conference</strong>s excluding the<br />

<strong>Conference</strong> at which the person was ratified be subject<br />

to re-appointment and remuneration review and will<br />

require to be endorsed by two thirds of the votes cast by<br />

the CEC members, and the re-appointment will require to<br />

be further ratified by the following Annual Delegate<br />

<strong>Conference</strong>, without any limit on the number of such reappointments.”<br />

74 (b) In line 1 add the words “a defined” after the word<br />

“under” and continue to end<br />

74 (c) In line 1 Add the word “/She” after the word “He”<br />

and continue to end<br />

74 (e) In line 2 Add the word “/she” after the word “he”<br />

and continue to end<br />

74 (f) In line 2 Add the word “/she” after the word “he”<br />

and continue to line 4<br />

In line 4 add the word “/her” after the word “his” and<br />

continue to end<br />

(d) The Deputy General Secretary, shall in the absence<br />

of the General Secretary, deputise for him and shall<br />

perform all the functions and duties assigned to the<br />

8<br />

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Section 5: Annual Delegate <strong>Conference</strong><br />

Amended Rule 74 reads:<br />

74. Deputy General Secretary<br />

(a) The Central Executive Committee shall employ a<br />

suitably qualified member or non-member to hold<br />

the position as Deputy General Secretary. An<br />

appointment to the office of Deputy General<br />

Secretary and the conditions attaching thereto will<br />

require to be ratified by the next Annual or Special<br />

Delegate <strong>Conference</strong> held following the<br />

appointment. The appointment will after a period of<br />

three consecutive Annual <strong>Conference</strong>s excluding<br />

the <strong>Conference</strong> at which the person was ratified be<br />

subject to re-appointment and remuneration review<br />

and will require to be endorsed by two thirds of the<br />

votes cast by the CEC members, and the reappointment<br />

will require to be further ratified by the<br />

following Annual Delegate <strong>Conference</strong>, without any<br />

limit on the number of such re-appointments.<br />

(b) The Post of Deputy General Secretary will be filled<br />

on a full-time basis under a defined contractual<br />

agreement.<br />

(c) He/she will assist the General Secretary in the<br />

provision of the Secretariat function to the<br />

Association.<br />

(d) The Deputy General Secretary, shall in the absence<br />

of the General Secretary, deputise for him and shall<br />

perform all the functions and duties assigned to the<br />

General Secretary, otherwise the day to day<br />

functions of the Deputy General Secretary shall be<br />

the responsibility of the General Secretary.<br />

(e) The Deputy General Secretary may attend meetings<br />

of the Central Executive Committee by leave of the<br />

Committee, but he/she shall not be a member of the<br />

Central Executive Committee, shall not vote on<br />

matters submitted to a vote of the Central Executive<br />

Committee and shall not propose or second motions<br />

at a meeting of the Central Executive Committee.<br />

(f) Where the person so appointed is a member of the<br />

Central Executive Committee, a Divisional<br />

Committee or District Committee he/she shall cease<br />

to be a member of such Committee or Committees<br />

upon ratification of his appointment by Annual or<br />

Special Delegate <strong>Conference</strong>. Pending such<br />

ratification his/her position on such Committee or<br />

Committees shall be temporarily filled by another<br />

member co-opted to such Committee or Committees<br />

for that purpose.<br />

Rule 5<br />

75. Selection and Appointment of General Secretary,<br />

Deputy General Secretary and Assistant to the<br />

General Secretary.<br />

Where a vacancy arises in the office of General<br />

Secretary or in the office of Deputy General Secretary, or<br />

in the office of Assistant to the General Secretary, the<br />

Central Executive Committee shall cause an interview<br />

board to be established, comprising members of the<br />

Central Executive Committee and a person or persons<br />

nominated by such outside bodies as may be designated<br />

by the Central Executive Committee. The interview board<br />

as so constituted shall interview candidates who may<br />

have been shortlisted for consideration for the vacant<br />

office. The interview board shall then propose one<br />

person and one person only to the Central Executive<br />

Committee. Before being appointed to office the person<br />

proposed shall receive the endorsement of two–thirds of<br />

the votes cast by the members of the Central Executive<br />

Committee and the appointment shall be further ratified<br />

by the Annual Delegate <strong>Conference</strong> or a Special Delegate<br />

<strong>Conference</strong>.<br />

Proposed Amendments – Rule 75<br />

75. In line 9 replace the word “shall” with the words “will<br />

require to” and continue to line 11.<br />

In line 11 replace the word “shall” with the words “will<br />

require to” and continue to end.<br />

Amended Rule 75 reads:<br />

75. Selection and Appointment of General Secretary,<br />

Deputy General Secretary and Assistant to the<br />

General Secretary.<br />

Where a vacancy arises in the office of General<br />

Secretary or in the office of Deputy General Secretary, or<br />

in the office of Assistant to the General Secretary, the<br />

Central Executive Committee shall cause an interview<br />

board to be established, comprising members of the<br />

Central Executive Committee and a person or persons<br />

nominated by such outside bodies as may be designated<br />

by the Central Executive Committee. The interview board<br />

as so constituted shall interview candidates who may<br />

have been shortlisted for consideration for the vacant<br />

office. The interview board shall then propose one<br />

person and one person only to the Central Executive<br />

Committee. Before being appointed to office the person<br />

proposed will require to receive the endorsement of two–<br />

thirds of the votes cast by the members of the Central<br />

Executive Committee and the appointment will require to<br />

be further ratified by the Annual Delegate <strong>Conference</strong> or<br />

a Special Delegate <strong>Conference</strong>.<br />

38th Annual Delegate <strong>Conference</strong>


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

DElEGATES TO 3Th ANNuAl<br />

DElEGATE CONfERENCE<br />

Delegates<br />

representing<br />

Roscommon/<br />

Longford:<br />

Stephen McDonagh,<br />

Eoin Browne,<br />

Tom Kennedy and<br />

Justin Browne<br />

Delegates representing Donegal: Eamonn Ward, Louis Browne, Brendan O’Connor, John Monaghan and Enda Dunne<br />

100 Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Delegates representing DMR West:<br />

Ciaran Cleary, Kevin O’Connell,<br />

Shane Kelliher, Sean White,<br />

Gabriel Newton and Keith Plunkett<br />

Delegates representing<br />

Louth: Robbie Peelo,<br />

Catherine Rennick and<br />

Shane Fennell<br />

Delegates<br />

representing<br />

Laois/Offaly:<br />

Mark Connell,<br />

Derek Flynn,<br />

Mick O’Connell and<br />

Tim Dawson<br />

38th Annual Delegate <strong>Conference</strong><br />

101


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates<br />

representing Kerry:<br />

Damien Ryan,<br />

Eddie Walsh,<br />

Kevin Lynch and<br />

Seamus Moriarty<br />

Delegates representing Kildare:<br />

Michael Egan,<br />

John Joe O’Connell and<br />

Tom McTigue<br />

Delegates<br />

representing<br />

Cork West:<br />

Andy McCarthy,<br />

Mary Galvin,<br />

Martin Hegarty and<br />

Jason Collins<br />

102 Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Delegates<br />

representing DMR<br />

North: Mark Scott,<br />

Colin Moran,<br />

John McCarthy,<br />

Ciaran Kennedy,<br />

Karl McManus and<br />

Brian Pentony<br />

Delegates<br />

representing Garda<br />

HQ: Brian Gibbons,<br />

Martin Kilbane,<br />

Elaine Duane,<br />

Pat McConnell,<br />

Pat Ennis,<br />

Sheila Ganley and<br />

Enda Dwyer<br />

38th Annual Delegate <strong>Conference</strong><br />

103


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates<br />

representing Cork<br />

North: Omar Fitzel,<br />

John Parker and<br />

Mark Nolan<br />

Delegates<br />

representing<br />

Sligo/Leitrim:<br />

Joe McGivern,<br />

Jack Kelleher,<br />

Ray Wims and<br />

Ben Lynch<br />

Delegates<br />

representing DMR<br />

East: Sean Greene,<br />

Deirdre Finn,<br />

Jim Mulligan and<br />

David Lestrange<br />

104 Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Delegates representing Mayo:<br />

Kenneth Barrett, Kevin Conroy,<br />

Vincent O’Boyle, William Horan<br />

and Ronan O’Grady<br />

Delegates<br />

representing SDU:<br />

Neville McCormack,<br />

John McCann,<br />

Michael Lally,<br />

Padraig Hanley,<br />

David Kelly,<br />

Ciaran O’Neill and<br />

Michael Kilfeather<br />

38th Annual Delegate <strong>Conference</strong><br />

105


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates<br />

representing DMR<br />

South: Ciaran Baker,<br />

Julie Anne Byrne,<br />

Karina Carroll,<br />

Peter Egan,<br />

Damien Kirwan,<br />

Bernadette Connell<br />

and Pat Tarrant<br />

Delegates representing DMR North Central: Niall Hodgins, James Brennan, John Healy (Deputy General Secretary)<br />

Graham Morgan, Shane Cullen, Danny Charles, Aileen O’Meara and Fergal Flynn<br />

10<br />

Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Delegates<br />

representing Clare:<br />

Dominic Curtin,<br />

Paul Coleman and<br />

Paul Crowley<br />

Delegates<br />

representing<br />

Garda College:<br />

Michael O’Donnell,<br />

Donal Flannery and<br />

Mark O’Meara<br />

Delegates<br />

representing<br />

Waterford:<br />

Ronan Slevin,<br />

Mark Hobson Shaw,<br />

Joe Cawley an<br />

Colm O’Callaghan<br />

38th Annual Delegate <strong>Conference</strong><br />

10


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates<br />

representing<br />

Wicklow:<br />

James Lillis,<br />

Aidan Whelan and<br />

Piaras O’Sullivan<br />

Delegates<br />

representing<br />

Kilkenny:<br />

Brendan Power,<br />

Gerard Comerford<br />

and Michael Egan<br />

Delegates<br />

representing<br />

Tipperary:<br />

Michael O’Mahony,<br />

Tom Finnan and<br />

Richard Kennedy<br />

108 Garda Representative Association


Section 5: Annual Delegate <strong>Conference</strong><br />

Delegates<br />

representing<br />

Galway: Shane<br />

Travers,<br />

Don Connellan,<br />

Gerard Naughton,<br />

Dermot O’Brien and<br />

Gerard Sweeney<br />

Delegates representing Cork City: Benard Sheehan, Edmund O’Donoghue, Michael Corcoran, Ian Lester, Padraig Harrington,<br />

Robbie Stone and Stephen O’Sullivan<br />

38th Annual Delegate <strong>Conference</strong><br />

10


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates<br />

representing<br />

Westmeath:<br />

Enda Browne,<br />

Brendan Hogan and<br />

Conor Staunton<br />

Delegates<br />

representing<br />

Cavan/Monaghan:<br />

Derek Rochford,<br />

Cathal Doherty,<br />

James Morrisroe<br />

and James Boyle<br />

110 Garda Representative Association


Section 4: Benefits for Members<br />

Delegates<br />

representing<br />

Wexford:<br />

Derek Campion,<br />

Patrick O’Brien and<br />

John Kennedy<br />

Delegates<br />

representing<br />

Meath: Liam<br />

Hennessy,<br />

Peter Devine,<br />

Ray Dennison and<br />

Owen Ganly<br />

38th Annual Delegate <strong>Conference</strong><br />

111


CENTRAL EXECUTIVE COMMITTEE REPORT<br />

Delegates representing Limerick: Adrian Egan, William Collins, Cathal O’Gorman, Alan O’Donnell, Frank Thornton,<br />

David Givens and Brian O’Dwyer<br />

Delegates representing DMR South Central: Alan Cummins, Jeffrey White, Shane Bonner, Greg Devoy, Julie Greene,<br />

Damien McCarthy and Yvonne Hedderman<br />

112 Garda Representative Association


Garda Representative Association<br />

5th Floor<br />

Phibsboro Tower<br />

Dublin 7<br />

Telephone: 01–830 3533<br />

Fax: 01–830 3331<br />

Email: gra@indigo.ie<br />

Web http://www.gra.ie

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