S.I. No. 706/2003 - Garda Síochána (Associations)(Amendment) Regulations 2003


I, Michael McDowell, T.D., Minister for Justice, Equality and Law Reform in exercise of the powers conferred on me by section 13 (inserted by section 1 (1) of 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 (as adapted by the Justice (Alteration of Name of Department and Title of Minister Order 1997 ( S.I. No. 298 of 1997 )), with the approval of the Government, hereby make the following regulations:

1.         (1)        These Regulations may be cited as the Garda Síochána (Associations) (Amendment) Regulations 2003.

(2)        The Garda Síochána (Associations) Regulations 1978 to 2001 and these Regulations may be cited as the Garda Síochána (Associations) Regulations 1978 to 2003 and shall be construed together as one.

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

3.         In these Regulations -

“Regulations of 1983” means Garda Síochána (Associations) (Amendment) Regulations 1983 ( S.I. No. 151 of 1983 );

“Regulations of 1994” means Garda Síochána (Associations) (Amendment Regulations 1994 ( S.I.No. 366 of 1994 ).

4.         The Garda Síochána (Associations) Regulations 1978 ( S.I. No. 135 of 1978 are amended -

 (a)       in Article 5(1), by substituting “the rank of Sergeant or Inspector” for “the rank of Sergeant, Station Sergeant or Inspector”, and

 (b)       in Article 8(1), by substituting “the rank of Sergeant or Inspector” for “the rank of Sergeant, Station Sergeant or Inspector”.

5.         The Second Schedule to the Garda Síochána (Associations) Regulations 1978 is amended -

 (a)       in Article 1(2), by substituting “the rank of Sergeant or Inspector” for “the rank of Sergeant, Station Sergeant or Inspector”,

 (b)       in Article 3 -

(i)         in paragraph (3)(b), by substituting “the Garda College” for “the Garda Training Centre”, and

(ii)        by substituting the following paragraph for paragraph (4) (inserted by Article 4(a) of the Regulations of 1983):

“(4)     (a)       In each division that has not less than 25 members there shall be a branch of the Association that consists of the members of the Association permanently assigned to the division.

 (b)      Where -

(i)         a new division is formed,

(ii)        an existing division is abolished reduced or enlarged, or

(iii)       the number of members permanently assigned to a division is less than 25,

the National Executive may make such arrangements as it considers appropriate for the representation of the members of the division concerned.”,

 (c)       in Article 4 -

(i)         in paragraph (3), by substituting “a minimum delegation of three” for “a minimum delegation of two”,

(ii)        in paragraph (5) (as amended by Article 4(d) of the Regulations of 1983), by substituting “the last day of the month of May” for “the last day of the month of April”, and

(iii)       by inserting the following paragraph after paragraph (6):

“(7)     (a)       The Annual Delegate Conference shall elect by the proportional representation transferable vote system a Standing Orders Committee comprising of 3 members for the following year's Annual Delegate Conference or for any Special Delegate Conference held before that Conference.

 (b)      The Standing Orders Committee shall elect one of its members to act as chairperson.”,

 (d)       in Article 5 (inserted by Article 4(a) of the Regulations of 1994)

(i)        in paragraph (1), by substituting “elected triennially in the month of February” for “elected triennially”,

(ii)        in paragraph (2), by inserting the following subparagraph after subparagraph (e):

“(f)       Where only one candidate is nominated or remains under subparagraph (a), that candidate shall be deemed to be elected. The votes of such a candidate who has not reached the quota shall not be distributed.”,

(iii)       by substituting the following paragraph for paragraph (3):

“(3)      A member of the National Executive shall cease to hold office if he or she -

(a)        ceases to be a member of the Association,

(b)       ceases to serve on a branch committee in the area in respect of which he or she was elected, or

(c)        is promoted to a higher rank.”, and

(iv)       by substituting the following paragraphs for paragraph (4):

“(4)      (a)        Where a vacancy occurs on the National Executive, the candidate of the same rank as the person who created the vacancy with the next highest preference votes following the election under subparagraph (a) of paragraph (2 of this Article and from the area in which the vacancy arises shall be co-opted to the National Executive to fill the vacancy.

(b)       In the absence of such a candidate, the candidate of the other rank with the next highest preference votes following the election under subparagraph (a) of paragraph (2) of this Article and from the area in which the vacancy arises shall be co-opted to the National Executive to fill the vacancy.

(c)       Where a vacancy occurs on the National Executive following the election under sub-paragraph (b) of paragraph (2) of this Article, the candidate with the next highest preference votes and from the area in which the vacancy arises shall be co-opted to the National Executive to fill the vacancy.

(d)       If a vacancy cannot be filled under subparagraph (a), (b) or (c) of this paragraph, the National Executive shall arrange for the holding of an election in that area provided the remaining period of office of the National Executive is not less than 6 months from the date on which the vacancy arises. For the purpose of such election, each branch in the area concerned shall be entitled to nominate not more than one Sergeant and not more than one Inspector. Such election shall be by postal ballot vote and by the proportional representation single transferable vote system.

(5)       The National Executive shall be responsible for the implementation of the objectives of the Association and the policy of the Association determined at the Annual Delegate Conference or any Special Delegate Conference and the management of the funds and property of the Association.”,

 (e)       in Article 6 (inserted by Article 4(b) of the Regulations of 1994 by inserting the following paragraph after paragraph (5):

“(6)      The President shall be the chief officer of the Association and shall act as chairperson of the National Executive.”, and

 (f)       by substituting the following Articles for Article 7:

“7.       (1)      The National Executive shall appoint a member of the Association to be its General Secretary.

(2)      The National Executive may appoint a person to be the Deputy General Secretary of the Association.

Trustees

8.         (1)      There shall be 3 Trustees in the Association who shall be elected by the Annual Delegate Conference by the proportional representation, single transferable vote system.

(2)      A member of a branch committee, who is a member of the Association of not less than 5 years standing on the closing date for receipt of nominations, may be nominated by that branch and one other branch to stand for election as a Trustee of the Association, the nomination to be submitted by a date determined by the National Executive.

(3)      Trustees shall serve for a term of 3 years except those elected at the first election following adoption of this Article who shall serve for the following periods:

(a)        the candidate declared first elected - 3 years,

(b)        the candidate declared second elected - 2 years,

(c)        the candidate declared third elected - 1 year.

(4)        (a)       A Trustee shall cease to hold office if he or she ceases to be a member of the Association or is elected to the National Executive.

(b)        A member of the National Executive who is elected as a Trustee shall cease to be a member of the National Executive from the date of such election.

(5)      In the event of a vacancy arising for the office of Trustee, the next succeeding candidate not elected at the previous election of Trustees shall be deemed to be elected as Trustee for the remainder of the term of the office holder whose vacancy is filled.

(6)      Where no succeeding candidate remains at the previous election, the National Executive shall co-opt a qualifying member as a Trustee of the Association until the next Annual Delegate Conference when the Delegates shall elect a Trustee by the proportional representation, single transferable vote system, to fill any such vacancy arising. The Trustee so elected shall remain in office for the remainder of the term of the elected office holder whose vacancy he or she fills.

(7)      A Trustee may be removed from office at any time by a resolution signed by not less than 6 branches of the Association or by the National Executive and passed by a two-thirds majority of those present and voting at an Annual Delegate Conference or a Special Delegate Conference.”.

 

GIVEN under my Official Seal,

16th of December 2003

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Michael McDowell

 

_____________________

Minister for Justice, Equality and Law Reform.

 

The Government hereby approve the foregoing Regulations.

 

GIVEN under the Official Seal of the Government,

16th of December 2003

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Bertie Ahern

 

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Taoiseach.