S.I. No. 281/1947 - Garda Síochána Pay (No. 2) Order, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 281.

GARDA SIOCHANA PAY (No. 2) ORDER, 1947.

WHEREAS it is enacted by sub-section (1) of section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), that the Minister for Justice may with the sanction of the Minister for Finance from time to time by order regulate and appoint the rates of pay and allowances (including conditions applicable thereto) to be paid to the several ranks and to the several grades of each rank of the officers and men of the Garda Síochána :

AND WHEREAS it is enacted by sub-section (2) of the said section 12 that before making an order under that section the Minister for Justice shall cause the draft of the Order to be submitted to the several representative bodies representing the several ranks and grades of the Garda Síochána who would be affected by the Order when made and shall consider any representations made to him in respect of the draft Order by any such representative body :

AND WHEREAS before making this Order the Minister for Justice duly caused the draft thereof to be submitted to the several representative bodies representing the several ranks and grades of the Garda Síochána who would be affected by this Order when made, and has considered the representations made to him in respect of the said draft Order by such representative bodies :

NOW, the Minister for Justice, in exercise of the powers conferred on him by section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and of every and any other power him in this behalf enabling, and with the sanction of the Minister for Finance, testified by his official seal affixed hereto, hereby orders as follows :—

1. (1) This Order may be cited as the Garda Síochána Pay (No. 2) Order, 1947.

(2) This Order shall be deemed to have come into operation on the 1st day of November, 1946.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. In this Order—

the expression the " the Minister " means the Minister for Justice,

the expression " the Commissioner " means the Commissioner of the Garda Síochána,

the expression " the Force " means the Garda Síochána.

4. Subject to the provisions of this Order, the pay of members of the Force shall be in accordance with the following rates and scales :—

* These rates are applicable to Guards who joined before 1st January, 1943.

5. The scale for Guards in Article 4 of this Order shall be subject to the following conditions :—

(a) on first appointment a Guard shall be regarded as on probation. The normal period of probation shall be one year, but this period may be extended by the Commissioner to 18 months if at the end of the first year the Guard has not made sufficient progress for his appointment to be confirmed, but it is desired to give him a further opportunity of showing that he is likely to become an efficient policeman ;

(b) a Guard shall receive his first increment at the end of one year or at such later date as his appointment may be confirmed, and all subsequent increments up to the increment bringing his pay to 120/- weekly shall, subject to paragraph (d) of these conditions, be automatic on his completing 2 years, 3 years, and so on, reckoned from the date of his first appointment ;

(c) the grant of the additional long service increments, that is to say, the last three increments on the scale, shall be at the discretion of the Commissioner : subject to a Guard's good conduct and efficient service he shall be eligible to receive the first of such increments (2/6 in amount) after service at the ordinary maximum (120/- weekly) for three years, and the second such increment after a further four years' service subject to the same conditions as to conduct and efficiency : the third long service increment shall be payable only to a Guard who has completed 25 years' service and has shown sustained zeal and efficiency in the performance of his duties ;

(d) a Guard serving in the Detective Branch who has completed his period of probationary service, may, at the discretion of the Commissioner, be granted a special advance of two increments in the ordinary scale while he continues to serve in that Branch.

6. Superintendents serving in the Dublin Metropolitan Division shall be entitled to the following scales of pay in lieu of those set out in Article 4 of this Order:—

If a Superintendent is transferred from the Dublin Metropolitan Division, the Minister may, if the transfer is not by way of disciplinary punishment, authorise him to retain as a personal scale the scale to which he was entitled prior to such transfer.

7. The Deputy Commissioner who formerly served as Commissioner of the Dublin Metropolitan Police shall, while he continues to hold the office of Deputy Commissioner, be entitled to a personal salary of £1,375 per annum.

8. (1) Subject to the provisions of paragraph (2) of this Article every member of the Force serving as such at the commencement of this Order shall enter the scale of pay appropriate to him in accordance with this Order with benefit of increments appropriate to his period of service in his existing or in a higher rank, and his incremental date shall remain unchanged ;

(2) the existing Third Grade Superintendents shall enter the scale for Second Grade Superintendents at the point which they would have reached, if, on their appointment to Superintendent rank, they had been graded as Second Grade Superintendents, and the existing Second Grade Superintendents shall enter the scale at a point appropriate to a minimum of £540, and in both cases shall retain their incremental dates.

9. When a member of the Force has been reduced in rank, or in grade of rank, the period of his previous service in any higher rank or grade may be reckoned for the purpose of increment of pay in the rank or grade to which he has been reduced.

10. When a member of the Force (having completed his period, if any, of probationary service) resigns and is subsequently allowed to rejoin the Force, the Minister may, on the recommendation of the Commissioner, allow the previous service of such member to be reckoned either in whole or in part as he may think fit for the purposes of pay after rejoining.

11. When a member of the Force (having completed his period, if any, of probationary service) is dismissed and is subsequently reinstated in the Force, the Minister may, on the recommendation of the Commissioner, and subject to the sanction of the Minister for Finance, allow the previous service of such member to be reckoned either in whole or in part as he may think fit for the purposes of pay after reinstatement.

12. (1) In this Article—

the expression " the 1920 Order " means the Dublin Metropolitan Police Pay Order, 1920,

the expression " the 1922 Order " means the Dublin Metropolitan Police Pensions Order, 1922.

(2) Any mention of or reference to the 1920 Order contained in the 1922 Order (except in Article 2 thereof) shall, in its application to any member of the Force to whom the 1922 Order applies, be construed and take effect as a mention of or reference to this Order, and the reference in Article 2 of the 1922 Order to paragraph 2 of Part III of the Schedule to the 1920 Order shall be construed as including a reference to paragraph (a) of Article 13 of this Order.

13. The pay prescribed in this Order shall be subject—

(a) in every case to a pension deduction at the rate of two and one half per cent. ;

(b) to deductions in respect of disciplinary fines, mess debts and public property lost, destroyed or damaged ;

(c) to such stoppages in respect of periods of illness, absence without leave, or suspension as may be prescribed by the Minister with the concurrence of the Minister for Finance.

14. The Garda Síochána Pay Orders, 1945 and 1946, shall cease to have effect subject to the following provisions :—

(a) any authorisation granted or continued in force as if it were granted under Article 7 of the Garda Síochána Pay Order, 1945, shall continue in force as if it were granted under Article 6 of this Order ;

(b) any provisions prescribed or continued in force as if they were prescribed under paragraph (c) of Article 15 of the Garda Síochána Pay Order, 1945, shall continue in force as if they were prescribed under paragraph (c) of Article 13 of this Order.

15. The Garda Síochána Pay Order, 1947, is hereby revoked.

GIVEN under the Official Seal of the Minister for Justice, this 5th day of July, 1947.

(Signed) GERALD BOLAND.

The Minister for Finance hereby sanctions the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 16th day of July, 1947.

(Signed) J. J. McELLIGOTT.