S.I. No. 63/1998 - Garda Síochána (Associations) (Amendment) Regulations, 1998

S.I. No. 63 of 1998.

GARDA SíOCHáNA (ASSOCIATIONS) (AMENDMENT) REGULATIONS, 1998

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 13 (as amended by the Garda Síochána Act, 1977 (No. 24 of 1977)) of the Garda Síochána Act, 1924 (No. 25 of 1924), and section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), hereby, with the approval of the Government, make the following regulations:

1 Citation, collective citation and construction

1. (1) These Regulations may be cited as the Garda Síochána (Associations) (Amendment) Regulations, 1998.

(2) The Garda Síochána (Associations) Regulations, 1978 ( S.I. No. 135 of 1978 ), the Garda Síochána (Associations) (Amendment) Regulations, 1983 ( S.I. No. 151 of 1983 ), and these Regulations may be cited together as the Garda Síochána (Associations) Regulations, 1978 to 1998, and shall be construed together as one.

2 Application of Intepretation Act, 1937.

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

3 Scope of Regulations

3. These Regulations shall apply to an association established pursuant to section 13 (as amended) of the Garda Síochána Act, 1924, (No. 25 of 1924) for the rank of Garda.

4 Interpretation

4. In these Regulations:

"Assistant General Secretary" means the office, however described, provided for by Regulation 18 of these Regulations;

"Annual Delegate Conference" shall be construed in accordance with Regulation 12 of these Regulations;

"Association" means the association standing established for the time being pursuant to the provisions of secton 13 (as amended) of the Garda Síochána Act, 1924, for the rank of Garda;

"Central Executive Committee" shall be construed in accordance with Regulation 10 of these Regulations;

"Deputy General Secretary" means the office provided for by Regulation 17 of these Regulations;

"district" and "division" have the meanings respectively assigned to them by the Garda Síochána (Designations, Appointments and Discipline) Regulations, 1924;

"district committee" shall be construed in accordance with Regulation 8 of these Regulations;

"divisional committee" shall be construed in accordance with Regulation 9 of these Regulations;

"General Secretary" means the office provided for by Regulation 16 of these Regulations;

"Minister" means the Minister for Justice, Equality and Law Reform;

"President" means the President of the Association elected in accordance with Regulation 14 of these Regulations;

"Special Delegate Conference" shall be construed in accordance with Regulation 12 of these Regulations;

"Treasurer" means the office provided by Regulation 20 of these Regulations;

"Trustee" means Trustee of the Association elected or appointed in accordance with Regulation 21 of these Regulations;

"Vice-President" means the Vice-President of the Association elected in accordance with Regulation 15 of these Regulations.

5 Revocations

5. The following provisions are hereby revoked:

(a) in the Garda Síochána (Associations) Regulations, 1978, Regulations 4 (2) and 7 (1), so much of Regulation 8 as relates to members of the Garda Síochána to whom Regulation 3 of these Regulations relate and the First Schedule to those Regulations;

(b) Regulation 3 of the Garda Síochána (Associations) (Amendment) Regulations, 1983;

(c) the Garda Síochána (Associations) (Amendment) Regulations, 1987 ( S.I. No. 120 of 1987 );

(d) the Garda Síochána (Associations) (Amendment) Regulations, 1990 ( S.I. No. 111 of 1990 ); and

(e) the Garda Síochána (Associations) (Amendment) Regulations, 1996 ( S.I. No. 222 of 1996 ).

6 Name of membership of Association

6. (1) Notwithstanding anything to the contrary contained in Regulation 4 (1) of the Garda Síochána (Associations) Regulations, 1978 the Association shall be known as the Garda Representative Association or by such other name as the Minister approves.

(2) Subject to any conditions that may be determined by the Association, membership of the Association shall be open to all members of the Garda Síochána who hold the rank of Garda.

7 Management of the Association

7. The management of the Association shall be vested in—

(a) Annual Delegate Conferences and Special Delegate Conferences, and

(b) a Central Executive Committee.

8 District Committees

8. (1) For the purposes of this Regulation—

(a) any section, or group of sections, of Garda Headquarters, as may be determined by the Central Executive Committee shall be deemed to be a district;

(b) the Garda College at Templemore shall be deemed to be a district; and

(c) the Special Detective Unit in the Dublin Metropolitan Area, the Garda National Bureau of Fraud Investigation, the National Bureau of Criminal Investigation, the Garda National Drugs Unit and the Criminal Assets Bureau shall together be deemed to be a district.

(2) There shall be a district committee for each district.

(3) The members of a district shall be the members of the Garda rank permanently assigned to the district, but, for the purposes of paragraphs (4), (5) and (8) of this Regulation, shall not include trainees not yet attested to the Garda Síochána.

(4) An Annual General Meeting of the members of each district shall be held in the month of October each year.

(5) Special general meetings of the members of a district shall be held whenever the district committee deem it necessary.

(6) The affairs of the Association in the district shall be conducted by a district committee in accordance with the policy of the Association.

(7) (a) Subject to Regulation 11 of these Regulations, each district committee shall be elected by written secret ballot of members of the Association in the district in the month of September every fourth year after 1997.

(b) The manner in which the ballot, including nominations, is conducted shall be subject to the approval of the Central Executive Committee.

(8) The number of members of a district committee shall be equal to the number of members of the district divided by 25 (any fraction being rounded up to the next whole number), subject to a minimum of 5.

(9) Each district committee shall elect from among its members a chairman or chairwoman and a secretary.

(10) A member of a district committee shall cease to hold office on ceasing to be a member of the Association or on being transferred permanently to another district.

(11) Where a vacancy occurs on a district committee, the committee shall have power to co-opt another person from among the members of the district to fill the vacancy.

(12) Where a new district is formed or where an existing district is abolished, reduced or enlarged, the Central Executive Committee may make such temporary arrangements as they deem appropriate for all members permanently assigned to the district which is so formed, abolished, reduced or enlarged, as the case may be.

9 Divisional Committee

9. (1) For the purpose of paragraph (2) of this Regulation—

(a) Garda Headquarters shall be deemed to be a division;

(b) the Garda College at Templemore, shall be deemed to be a division;

(c) the Special Detective Unit in the Dublin Metropolitan Area, the Garda National Bureau of Fraud Investigation, the National Bureau of Criminal Investigation, the Garda National Drugs Unit and the Criminal Assets Bureau shall together be deemed to be a division.

(2) (a) There shall be a divisional committee for each division.

(b) The number of members of each committee shall be determined in accordance with paragraph (3) of this Regulation.

(c) Where there is only one district in any division, with a strength of 300 members or less, three members shall be elected from the district committee concerned to form its divisional committee.

(3) Within one month of its election, each district committee shall elect one of its members for each 100 members in the district (and for any portion thereof that does not make 100) to act as a member of the divisional committee.

(4) Each divisional committee shall elect from among its members a chairman or chairwoman and a secretary.

(5) A member of a divisional committee shall cease to hold office on ceasing to be a member of the Association or on being transferred permanently to another district.

(6) Where a vacancy occurs on a divisional committee, the district committee which elected the member whose place has become vacant may elect a replacement.

(7) Where a new division is formed or where an existing division is abolished, reduced or enlarged, the Central Executive Committee may make such temporary arrangements as they deem appropriate for all members permanently assigned to the division which is so formed, abolished, reduced or enlarged, as the case may be.

10 Central Executive Committee

10. (1) The Central Executive Committee shall comprise of one member from each divisional committee elected as provided hereunder.

(2) (a) A written secret ballot, of all the members of the Association in each division, shall be conducted in each division to elect the Central Executive Committee member for that division.

(b) The ballot shall be conducted during the month of March every 4 years, commencing in 1998.

(3) (a) A candidate for election as a member of the Central Executive Committee shall be a member of the incoming divisional committee in the divisions in which the elections are being held and shall be nominated and seconded by members of the divisional committee.

(b) Where only one nomination is received in any division the person so nominated shall be deemed to be elected without a ballot.

(4) The Central Executive Committee shall take office at the conclusion of the Annual Delegate Conference next following the selection of the Committee.

(5) A member of the Central Executive Committee shall cease to hold office on ceasing to be a member of the Association.

(6) Where a vacancy occurs on the Central Executive Committee, the procedures for filling the vacancy shall be the same as in the original election.

(7) Where it is not possible to reach a consensus on issues being discussed by the Central Executive Committee, the issue shall be decided by a vote of the members present in person; the following voting procedure shall have effect:

(a) members of the Central Executive Committee representing divisions of the Association comprising up to but not exceeding 300 members shall be entitled to cast one vote on the question under consideration;

(b) members representing divisions of the Association comprising over 300 members shall be entitled to cast 2 votes on the question under consideration;

(c) in the event of the votes for and against the question under consideration being equal, the President shall have an additional or casting vote and the question shall be so decided on the casting vote of the President.

11 Elections

11. (a) The elections of members of each district committee of the Association shall be held as soon as may be in 1998 after the making of these Regulations and every subsequent election to each district committee shall be held in accordance with the provisions of Regulation 8 of these Regulations.

(b) The elections of members of each divisional committee of the Association shall be held as soon as may be in 1998 after the making of these Regulations and every subsequent election to each divisional committee shall be held in accordance with the provisions of Regulation 9 of these Regulations.

(c) The elections of members of the Central Executive Committee shall be held, in accordance with paragraph (2) of Regulation 10 of these Regulations, during the month of March, 1998 and every subsequent election of members of the Central Executive Committee shall be conducted in accordance with the provisions of that Regulation.

12 Annual and Special Delegate Conferences

12. (1) The Annual Delegate Conference shall be the primary policy making body of the Association.

(2) A Special Delegate Conference shall, in regard to the special matter for which it is called, be vested with the same powers and authority as an Annual Delegate Conference.

(3) The delegates to the Annual Delegate Conference and any Special Delegate Conference shall be the members of the divisional committees, including those members who are members of the Central Executive Committee.

(4) The Annual Delegate Conference shall be held before the 31st day of May in each year.

(5) A Special Delegate Conference may be called at any time by the Central Executive Committee and shall be called by that committee on the requisition of 14 divisional committees for a stated reason or reasons, where the majority of those present and voting in each of those committees are in favour of such Conference.

13 Standing Orders Committee

13. (1) Each Annual Delegate Conference shall elect by written secret ballot a Standing Orders Committee which shall prepare before the next Annual Delegate Conference standing orders to be submitted to that Conference for ratification.

(2) Standing orders may be set aside by the Conference if a matter of urgency requiring that course arises in the period between the first Monday in December and the time during Conference at which permission to introduce it is sought.

(3) In relation to the first Annual Delegate Conference held under these Regulations the Central Executive Committee shall, before the date of the Conference, establish a Standing Orders Committee which shall prepare standing orders to be submitted to that Conference for ratification.

(4) Members of the Central Executive Committee shall not be eligible for election to the Standing Orders Committee.

14 President of Association

14. (1) The President of the Association shall be elected by an Annual Delegate Conference and shall hold the office for 2 years commencing at the close of the Annual Delegate Conference at which he or she is elected until the close of the second Annual Delegate Conference after his or her election; and a person so elected as President of the Association shall not be eligible for re-election to that office at the election next following such person's election as President.

(2) Candidates for the office of President shall be members of the Association of not less than 5 years' standing who, at the date of their nomination, are members of the Central Executive Committee (or have been elected to an incoming Central Executive Committee) of the Association which will hold office during the continuance of the term for which the election of President is to be held.

(3) A candidate for election to the office of President shall be nominated by not less than 3 divisions, and if one person only is nominated for the office that person shall be deemed to have been elected President by the Annual Delegate Conference.

(4) Any vacancy in the office of President, which occurs between Annual Delegate Conferences or Special Delegate Conferences, may be filled by an appointment made by the Central Executive Committee from among its members and the person so appointed shall hold office until the next Annual Delegate Conference or Special Delegate Conference elects a person as President.

(5) For the purposes of paragraph (2) of this Regulation, members of the Association on the date of the making of these Regulations shall be exempt from the qualifying membership period in respect of the elections in 1998, and also, in respect of the elections in 2002, provided their membership is continuous throughout that period.

15 Vice President

15. (1) The Vice-President of the Association shall be elected by the Annual Delegate Conference and shall hold the office for 2 years commencing at the close of the Annual Delegate Conference to which he or she is elected until the close of the second Annual Delegate Conference after his or her election; and a person so elected as Vice-President of the Association shall not be eligible for re-election to that office at the election next followintg such person's election as Vice-President.

(2) Candidates for the office of Vice-President shall be members of the Association of not less than 5 years' standing who, at the date of their nomination are members of the Central Executive Committee (or have been elected to an incoming Central Executive Committee) of the Association which will hold office during the continuance of the term for which the election of Vice-President is to be held.

(3) A candidate for election to the office of Vice-President shall be nominated by not less than three divisions, and if one person only is nominated for the office that person shall be deemed to have been elected Vice-President by the Annual Delegate Conference.

(4) Any vacancy in the office of Vice-President, which occurs between Annual Delegate Conferences or Special Delegate Conferences, may be filled by an appointment made by the Central Executive Committee from among its members and the person so appointed shall hold office until the next Annual Delegate Conference or Special Delegate Conference elects a person as Vice-President.

(5) For the purposes of paragraph (2) of this Regulation, members of the Association on the date of the making of these Regulations shall be exempt from the qualifying membership period in respect of the elections in 1998, and also, in respect of the elections in 2002, provided their membership is continuous throughout that period.

16 General Secretary

16. (1) There shall be a General Secretary of the Association (in this Regulation referred to as the " General Secretary"):

Provided that, where the person proposed to be appointed to be the General Secretary is a member of the Garda Síochána other than a member of the Association, or is not a member of the Garda Síochána, the appointment shall be subject to the approval of the Minister, who may attach such conditions to such approval as he or she thinks fit.

(2) The General Secretary shall be appointed by the Central Executive Committee in accordance with procedures laid down by the Annual Delegate Conference.

(3) (a) Where the person appointed General Secretary is a member of the Central Executive Committee, a divisional committee or a district committee, he or she shall cease to be a member of such committee or committees upon ratification of the appointment as General Secretary by Annual Delegate Conference or Special Delegate Conference.

(b) Pending ratification of the appointment as General Secretary the position of the person concerned on the committee or committees referred to in subparagraph (a) of this paragraph shall in each case be temporarily filled by another member co-opted, as provided for in Regulation 8, 9 or 10, as appropriate to these Regulations to such committee or committees for that purpose.

(4) An appointment of a person as the General Secretary made under this paragraph and the conditions attaching thereto shall be ratified by the next Annual Delegate Conference or Special Delegate Conference as the case may be, held following the appointment.

17 Deputy General Secretary

17. (1) There shall be a Deputy General Secretary of the Association (in this Regulation referred to as the "Deputy General Secretary")

Provided that, where the person proposed to be appointed to be the Deputy General Secretary is a member of the Garda Síochána other than a member of the Association, or is not a member of the Garda Síochána, the appointment shall be subject to the approval of the Minister, who may attach such conditions to such approval as he or she thinks fit.

(2) The Deputy General Secretary shall be appointed by the Central Executive Committee in accordance with procedures laid down by the Annual Delegate Conference.

(3) An appointment as Deputy General Secretary and the conditions attaching thereto shall be ratified by the next Annual Delegate Conference or Special Delegate Conference held following the appointment.

(4) (a) Where a person appointed Deputy General Secretary is a member of the Central Executive Committee, a divisional committee or a district committee, he or she shall cease to be a member of such committee or committees upon ratification of the appointment by Annual Delegate Conference or Special Delegate Conference.

(b) Pending ratification of the appointment as Deputy General Secretary, the position of the person concerned on the committee or committees referred to in subparagraph (a) of this paragraph shall be temporarily filled by another member co-opted as provided for in Regulation 8, 9 and 10 as appropriate, to such committee or committees for that purpose.

18 Assistant General Secretary

18. (1) The Assistant General Secretary (to be known by such title as is laid down from time to time by Annual Delegate Conference or Special Delegate Conference) shall be a member of the Association and shall be appointed by the Central Executive Committee in accordance with procedures laid down by the Annual Delegate Conference.

(2) The appointment as Assistant General Secretary and the conditions attaching thereto shall be ratified by the next Annual Delegate Conference or Special Delegate Conference held following the appointment.

(3) (a) Where a person appointed Assistant General Secretary is a member of the Central Executive Committee, a divisional committee or a district committee, he or she shall cease to be a member of such committee or committees upon ratification of the appointment by Annual Delegate Conference or Special Delegate Conference.

(b) Pending ratification of the appointment as Assistant General Secretary the position of the person concerned on the committee or committees referred to in subparagraph (a) of this paragraph shall be temporarily filled by another member co-opted as provided for in Regulation 8, 9 and 10 to such committee or committees.

19 Consequential provisions to Regulations 16 to 18

19. (1) Notwithstanding the provisions of Regulations 16(1) and 17(1) of these Regulations, only one of the positions of General Secretary and Deputy General Secretary may be occupied at the same time by a person who is not a member of the Garda Síochána.

(2) Where an appointment of a person as the General Secretary, Deputy General Secretary or Assistant General Secretary is not ratified by the next Annual Delegate Conference or Special Delegate Conference held following the appointment, the person appointed shall cease to hold the office as from the date of such Conference.

(3) Persons appointed to be the General Secretary, Deputy General Secretary and Assistant General Secretary may attend meetings of the Central Executive Committee by leave of the Committee, but they shall not be members of the Central Executive Committee, shall not vote on matters submitted to the vote of the Central Executive Committee and shall not propose or second motions at a meeting of the Central Executive Committee.

20 Treasurer

20 (1) (a) A Treasurer of the Association shall be elected at the first Annual Delegate Conference after the making of these Regulations and thereafter subject to subparagraph (c) of this paragraph at a relevant Annual Delegate Conference to which subparagraph (b) of this paragraph relates.

(b) The term of office for the Treasurer and the arrangement of future elections shall, subject to subparagraph (c) of this paragraph, be determined by the Annual Delegate Conference.

(c) A vacancy occuring in the office of Treasurer may be filled by an appointment made by the Central Executive Committee and the person so appointed shall hold office until the next Annual Delegate Conference or a Special Delegate Conference appoints a person to fill the vacancy.

(d) A person shall only be eligible for re-election once to the office of Treasurer.

(2) Candidates for the office of Treasurer shall be members of the Association in good standing who, at the date of their nomination are members of the Central Executive Committee (or have been elected to an incoming Central Executive Committee) of the Association which will hold office during the continuance of the term for which the election of Treasurer is to be held.

(3) A candidate for election as Treasurer shall be nominated by a Divisional Committee and if only one person is nominated for the office that person shall be deemed to have been elected Treasurer by the Annual Delegate Conference.

21 Trustees

21. (1) There shall be 5 Trustees of the Association who shall be elected by the Annual Delegate Conference.

(2) At the first Annual Delegate Conference following the making of these Regulation the Trustee who is elected first shall hold office for 5 years, the Trustee who is elected second shall hold office for 4 years, the Trustee who is elected third shall hold office for 3 years, the Trustee who is elected fourth shall hold office for 2 years and the Trustee who is elected fifth shall hold office for one year and thereafter, at each succeeding Annual Delegate Conference —

(a) one Trustee shall be elected for 5 years, and

(b) together with such other Trustees (to whom paragraph (6) of this Regulaiton relates) as are necessary to bring the number of Trustees to 5.

(3) Trustees shall be eligible for re-election.

(4) A candidate for the office of Trustee shall be nominated by a Divisional Committee of the Association and at the date of his or her nomination, election and during continuance in office as a Trustee, each Trustee shall be a member of the Association in good standing and be a delegate at the Annual Delegate Conference at which he or she is to be elected.

(5) A Trustee shall not be a member of the Central Executive Committee and shall not hold the office President, Vice-President, General Secretary, Deputy General Secretary, Assistant General Secretary or be an employee of the Association.

(6) Any vacancy in the number of Trustee shall be filled by an appointment made by the Central Executive Committee and the person so appointed shall hold office until the next Annual Delegate Conference or Special Delegate Conference appoints a Trustee and a Trustee so appointed shall hold office for the remainder of the term of the Trustee who vacated the office.

(7) Three Trustees shall constitute a quorum and this may act notwithstanding one or 2 vacancies in their number.

GIVEN under my Official Seal, this 10 day of March, 1998.

John O'Donoghue

Minister for Justice, Equality and Law Reform.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 10 day of March, 1998.

Bertie Ahern

Taoiseach.

EXPLANATORY NOTE

These Regulations amend the Garda Síochána (Associations) Regulations in so far as they relate to the Garda Representative Association.