S.I. No. 1/1977 - Garda Síochána (Appointments) Regulations, 1977.

I, PATRICK COONEY, Minister for Justice, in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and section 1 of the Garda Síochána Act, 1958 (No. 14 of 1958), hereby, with the approval of the Government, make the following regulations: —

1. (1) These Regulations may be cited as the Garda Síochána (Appointments) Regulations, 1977.

(2) The Garda Síochána (Appointments) Regulations, 1945 to 1972, and these Regulations may be cited together as the Garda Síochána (Appointments) Regulations, 1945 to 1977.

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

3. The Garda Síochána (Appointments) Regulations, 1945 (S.R. & O., No. 173 of 1945), are hereby amended by—

(a) the substitution for Article 4 (as amended by the Garda Síochána (Appointments) Regulations, 1945 (Amendment) Regulations, 1947 (S.R. & O., No. 69 of 1947), the Garda Síochána (Appointments) Regulations, 1945 (Amendment) Regulations, 1951 ( S.I. No. 334 of 1951 ), the Garda Síochána (Appointments) Regulations, 1960 ( S.I. No. 38 of 1960 ), and the Garda Síochána (Appointments) Regulations, 1972 ( S.I. No. 18 of 1972 )), of the following Article:—

" 4. (1) Subject to the subsequent provisions of these Regulations, the Commissioner shall not appoint and enrol a man as a member of the Force unless—

( a ) such man is unmarried and the Commissioner is satisfied that he is of good character, and

( b ) such man is certified by the Surgeon of the Force—

(i) to be not less than 5 feet 9 inches in height, and

(ii) to have a mean chest measurement of at least 37 inches in case he is 5 feet 11 inches or over in height, or of at least 36 inches if he is less than 5 feet 11 inches in height, and

(iii) to be in good health, of sound constitution and fitted physically and mentally to perform the duties of a member of the Force, and

( c ) the Commissioner has been notified by the Civil Service Commissioners that such man has passed a qualifying educational examination in such subjects and of such standard as the Civil Service Commissioners, after consultation with the Minister for Justice, shall determine, and

( d ) the Commissioner is satisfied that, on the first day of the month in which the qualifying educational examination referred to in subparagraph (c) of this paragraph is held, such man has attained the age of 19 years but has not attained the age of 26 years.

(2) Notwithstanding any other provisions of these Regulations, the Commissioner shall not appoint and enrol as a member of the Force any man if it appears to the Commissioner that such man is generally unsuitable for appointment.

(3) The limitations prescribed by paragraphs (1) (b) (i) and (1) (d) of this Article shall not have effect in relation to men appointed to the Force by reference to the qualifying educational examination which commenced in the month of May, 1974, or by reference to the qualifying educational examination next held after the making of these Regulations and the limitations as to the height and age of applicants for appointment to the Force which were in force immediately before the making of these Regulations shall apply in respect of such men.

(4) Where a certificate in relation to any man is given for the purposes of paragraph (1) (b) of this Article, or where a notification in relation to any man has been sent to the Commissioner for the purposes of paragraph (1) (c) of this Article, the Commissioner shall not appoint and enrol any such man as a member of the Force by virtue of such certificate or such notification after the expiration of a period of eighteen months from the date of such certificate or such notification, as the case may be.", and

(b) the insertion after Article 4 of the following Article—

" 4A. The number of men to be appointed by reference to any particular competition or qualifying educational examination shall be determined by the Commissioner with the consent of the Minister for Justice subject to the provisions of the Garda Síochána Ranks Order currently in force."

4. The Garda Síochána (Appointments) Regulations, 1958 ( S.I. No. 176 of 1958 ), are hereby amended by—

(a) the substitution for Article 4 (as amended by the Garda Síochána (Appointments) Regulations, 1960, and the Garda Síochána (Appointments) Regulations, 1972), of the following Article:—

" 4. (1) Subject to paragraph (2) of this Article and to Articles 5, 6, 7, 8 and 9 of the Principal Regulations, the Commissioner shall not appoint a woman to be a member of the Garda Síochána unless—

( a ) she is unmarried or a widow and the Commissioner is satisfied that she is of good character, and

( b ) she is certified by the Surgeon of the Garda Síochána to be not less than five feet five inches in height and to be in good health, of sound constitution and fitted physically and mentally to perform the duties of a member of the Garda Síochána, and

( c ) the Commissioner has been notified by the Civil Service Commissioners that she has passed a qualifying educational examination in such subjects and of such standard as the Civil Service Commissioners, after consultation with the Minister for Justice, shall determine, and

( d ) the Commissioner is satisfied that, on the first day of the month in which the qualifying educational examination referred to in subparagraph (c) of this Article is held, she has attained the age of 19 years but has not attained the age of 26 years.

(2) Notwithstanding any other provisions of these Regulations or of the Principal Regulations, the Commissioner shall not appoint and enrol as a member of the Garda Síochána any woman if it appears to him that such woman is generally unsuitable for appointment.", and

(b) the insertion after Article 4 of the following Article—

" 4A. The number of women to be appointed by reference to any particular competition or qualifying educational examination shall be determined by the Commissioner with the consent of the Minister for Justice subject to the provisions of the Garda Síochána Ranks Order currently in force.".

5. The Garda Síochána (Appointments) Regulations, 1960, and the Garda Síochána (Appointments) Regulations, 1972, are hereby revoked.

GIVEN under my Official Seal, this 4th day of January, 1977.

PATRICK COONEY,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 4th day of January, 1977.

LIAM MAC COSGAIR,

Taoiseach.

EXPLANATORY NOTE.

These regulations provide for a number of additions to and changes in the Garda Síochána (Appointments) Regulations.