Conference Report 2016

Section 1: Pay and Allowances
Rent Allowance
5.50 Rent allowance was applied to the wages of
members of the Royal Irish Constabulary in 1883
and the newly formed Irish State chose to persist
with, and mirror, many of the allowances payable to
our British counterparts. As a result, the rent
allowance was incorporated in the Garda Síochána
Allowance Order of 1926, providing for the payment
of this allowance to compensate officers who had
previously been billeted either in the barracks or in
houses attached to the barracks. The 1944 Finance
Code reiterated rent allowance was payable to
those not residing in a station. In December 1960, as
a result of an agreement arrived at through
Conciliation & Arbitration, rent allowance was made
pensionable.
5.51 The Conroy Commission (1970) was the first
independent forum in the history of the State to
examine the pay and conditions of serving members
of An Garda Síochána and inextricably linked this
allowance to pay. Since that Commission it has
formed a part of pay. Hence, it carries with it normal
pay round increases with the notable exception of
the 5% award via the first Public Sector
Benchmarking Body in 2002. The wholly legitimate
and appropriate rent allowance is now widely
perceived to be inextricably linked to Garda pay and
has been pensionable through a determination of
the public service arbitrator since 1982.
5.52 The decision of the Department of Public
Expenditure and Reform (DPER) in 2012 to exclude
new recipients from their entitlement to 30 Garda
allowances without even recourse to the normal
industrial relations machinery is a priority grievance
for our membership. The Assistant Commissioner’s
(Human Resource Management) office advised our
members (15 July 2013) that he had been advised
by DPER of a classification in respect of all
allowances, on the basis of those that are:
(a) fixed, periodic and pensionable allowances, and
therefore are considered allowances in the
nature of pay and
(b) not considered to be fixed, periodic and
pensionable – and in effect not considered to be
allowances in the nature of pay.
5.53 In addition to the DPER’s unilateral assessment cum
classification, a list was also unilaterally compiled of
those allowances that would not be paid to gardaí
appointed to the relevant positions from thereon –
and of allowances that were to be prioritised for
early elimination.
5.54 According to the DPER the ‘priority list’ for
elimination for current beneficiaries pertained
where no ‘business case’ existed to pay such
allowances. However, a formidable ‘business case’
for allowances was prepared by the Force’s Human
Resource Management section on behalf of the
Garda Commissioner. In addition to subscribing to
the Commissioner’s assessment, the GRA has
sought clarification in a myriad of issues arising
from specific allowances that are a source of
priority concern to our members. These include:
• Clarification ‘allowance’ provisions for new
beneficiaries or new entrants.
• Clarification for an existing member who
transfers into an area for which an allowance is
paid. This member would be deemed to be a
prospective ‘new beneficiary’, yet would not
attract the payment of the relevant allowance
which had been abolished in this prospective
‘new beneficiary’ category.
• Clarification as to whether any proposed buy-out
of an allowance was to be predicated on
individual cases or on the basis of an agreement
with the Association (on the basis of standard,
longstanding and appropriate industrial relations
procedures and processes) on the buy-out of a
particular allowance for all beneficiaries.
• If a member was to be promoted within a section
attracting an allowance would they then be
considered a ‘new beneficiary’ and subsequently
disallowed the allowance?
• The effect of revisions of allowances on the
payment of pensions.
5.55 The removal of allowances for new beneficiaries
took effect without recourse to the Conciliation &
Arbitration system; the standard, longstanding and
appropriate industrial relations mechanism. The
Association had received assurances (attached to
the Appendices to the Conciliation Council’s Agreed
Report on the Croke Park Agreement) that all Garda
remuneration was protected for the lifetime of that
agreement. A commitment was received from the
Chief Executive of the Labour Relations
Commission that pay was indeed adjudged to
include allowances.
5.56 To accentuate the grievance, the recent revision in
the tax and pension treatment of some allowances
is unwelcome. Traditionally, allowances bearing a
tax liability were pay allowances for the purposes of
pension and it is the firmly held conviction of this
38th Annual Delegate Conference
3