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Conference Report 2016

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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 />

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

25

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