S.I. No. 39/1987 - Garda Síochána (Promotion) Regulations, 1987.

I, ALAN M. DUKES, 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 with the approval of the Government, hereby make the following regulations:

1. These Regulations may be cited as the Garda Síochána (Promotion) Regulations, 1987.

2. These Regulations shall come into operation on the 12th day of February, 1987.

3. (a) In these Regulations, except where the context otherwise requires—

"the Council" means the Promotion Advisory Council established by Regulation 4 of these Regulations;

"interview board" means an interview board appointed under Regulation 5 of these Regulations;

"member" means a member of the Garda Síochána;

"Minister" means the Minister for Justice;

"promotion" insofar as it relates to the filling by a member of a position as a superintendent, chief superintendent or assistant commissioner, means recommendation for appointment to that position by the Government.

"the Regulations of 1960" means the Garda Síochána (Promotion) Regulations, 1960 ( S.I. No. 203 of 1960 ), as amended.

(b) References in these Regulations to any particular rank are to that rank in the Garda Síochána.

4. (1) There shall be a council which shall be known as the Promotion Advisory Council and is referred to in these Regulations as "the Council".

(2) Subject to the provisions of these Regulations, the Council shall—

(a) keep under review and advise the Commissioner in relation to promotions and competitions for promotions and the system of and procedures for promotions, and

(b) oversee and regulate (on behalf of and subject to the overall control of the Commissioner) competitions for promotion,

and shall, in performing its functions, take note of relevant recommendations of the Garda Conciliation Council; nothing in this paragraph shall affect the responsibility of the Commissioner for the general direction and control of the Garda Síochána.

(3) (a) The Council shall consist of a chairman and nine ordinary members.

(b) The chairman of the Council shall be a member of the Garda Síochána not below the rank of assistant commissioner and shall be appointed by the Commissioner.

(i) two chief superintendents of whom at least one shall be a chief superintendent whose duties are or have been particularly concerned with the training of members,

(ii) a member nominated for appointment to the Council by the Garda Representative Association,

(iii) a member nominated for appointment to the Council by the Association of Garda Sergeants and Inspectors,

(iv) a member nominated for appointment to the Council by the Representative Body for Garda Superintendents.

(v) a member nominated for appointment to the Council by the Representative Body for Garda Chief Superintendents, and

(vi) three persons nominated for appointment to the Council by the Minister of whom one shall be a person having experience as a teacher or administrator in an institution for third level education and another shall be a person having knowledge of, and experience in, personnel management in an organisation other than the Garda Síochána or the Civil Service (within the meaning of the Civil Service commissioners Act, 1956 (No. 45 of 1956)),

(d) The term of office of a member of the Council shall be three years and a member of the Council shall be eligible for re-appointment as such member.

(e) (i) A member of the Council may at any time resign his office as such member by letter sent to the Commissioner and the resignation shall take effect on and from the date of the receipt of the letter.

(ii) The person by whom a member of the Council was nominated for appointment to the council may at any time revoke the nomination by letter sent to the Commissioner and, where a letter revoking a nomination under this subparagraph is sent to the Commissioner, the Commissioner shall cause the member of the Council concerned to be informed as soon as may be of the revocation and the member of the Council shall be deemed to have resigned his office as such member one week after the date of the receipt of the letter aforesaid by the Commissioner.

(f) Where a casual vacancy occurs among the members of the Council, the Commissioner shall, as soon as may be, appoint a person to fill the vacancy and the appointment shall be subject to the provision of this Regulation that applied to the appointment of the member of the Council occasioning the vacancy and the person appointed to fill the vacancy shall hold office for the remainder of the term for which his predecessor was appointed.

(4) (a) The quorum for a meeting of the Council shall be five or such other number (not being less than five) as may be determined from time to time by the Council.

(b) The Council may act notwithstanding one or more than one vacancy among its members.

(c) Subject to the provisions of these Regulations, the Council shall determine, by standing orders or otherwise, the procedure and business of the Council.

5. (1) Subject to the provisions of these Regulations, the selection of members for promotion to a rank in the Garda Síochána not above that of chief superintendent shall be made by means of a competition held by an interview board which shall include an interview with each candidate in the competition.

(2) An interview board shall be appointed by the Commissioner after consultation with the Council.

(3) (a) All members eligible under these Regulations to be candidates in a competition for promotion conducted by an interview board shall be permitted to be candidates.

(b) A candidate who receives less than 30 per cent of the total marks obtainable in a competition conducted by an interview board for promotion to a particular rank shall not be eligible for a competition for promotion held within two years of the date on which his interview with the interview board was held.

(c) For the purposes of this paragraph, a competition shall be deemed to be held on the latest date on which candidates may enter for the competition.

(4) The intention to hold a competition for promotion shall be made known throughout the Garda Síochána in such manner as to enable all members eligible for the competition to be given a reasonable opportunity to become aware of, and to enter for, the competition.

(5) Subject to paragraph (6) of this Regulation, an interview board shall consist of—

(a) in case it is for a competition to select a member for promotion to the rank of sergeant—

(i) a chief superintendent,

(ii) a superintendent, and

(iii) a person having knowledge of, and experience in, personnel management in an organisation other than the Garda Síochána,

(b) in case it is for a competition to select a member for promotion to the rank of inspector—

(i) an assistant commissioner,

(ii) a chief superintendent, and

(iii) a person having knowledge of, and experience in, personnel management in an organisation other than the Garda Síochána,

(i) two persons, one being either the Commissioner or a deputy commissioner, and the other being either a deputy commissioner or an assistant commissioner, and

(ii) a person having knowledge of, and experience in, the selection of persons for appointment to senior management positions in an organisation other than the Garda Síochána,

(d) in case it is for a competition to select a member for promotion to the rank of chief superintendent—

(i) the Commissioner,

(ii) a deputy commissioner, and

(iii) a person having knowledge of, and experience in, the selection of persons for appointment to senior management positions in an organisation other than the Garda Síochána.

(6) An interview board for a competition to select a member for appointment, on promotion, to a position in a section of the Garda Síochána specified in the Schedule to these Regulations shall, in addition to the persons specified in paragraph (5) of this Regulation, include a person having experience in specialised work of the kind done by the section.

6. (1) The selection of members for promotion to the rank of assistant commissioner shall be made at the option of the Commissioner after consultation with the Minister, either—

(a) by means of a competition conducted by an interview board consisting of the persons specified in Regulation 5 (5) (d) of these Regulations, or

(b) by a group (consisting of the Commissioner and such of the deputy commissioners and assistant commissioners as are able to be present) at a meeting specially convened for the purpose.

(2) A competition referred to in paragraph (1) (a) of this Regulation shall include an interview by the interview board concerned with each eligible candidate in the competition.

7. (1) (a) Subject to these Regulations, a garda shall be eligible to be a candidate for promotion if, but only if—

(i) he has passed a written examination instituted and conducted by the Commissioner in police duties (to be known, and referred to subsequently in these Regulations, as "the Sergeant's Promotion Examination") or the Class III Promotion Examination provided for in the Regulations of 1960 in police duties, and

(ii) he is shown by intelligence assessment to have such level of intelligence as, in the opinion of the relevant interview board, is satisfactory or he has passed, or been exempted under Regulation 13 of the Regulations of 1960 from passing, the Class III Promotion Examination in educational subjects provided for in the Regulations of 1960.

(b) Subject to these Regulations, a sergeant shall be eligible to be a candidate for promotion if, but only if—

(i) he has passed a written examination instituted and conducted by the Commissioner in police duties (to be known, and referred to subsequently in these Regulations, as "the Inspector's Promotion Examination") or the Class I Promotion Examination provided for in the Regulations of 1960 in police duties, and

(ii) he is shown by intelligence assessment to have such level of intelligence as, in the opinion of the relevant interview board, is satisfactory or he has passed, or been exempted under Regulation 13 of the Regulations of 1960 From passing, the Class I Promotion Examination in educational subjects provided for in the Regulations of 1960.

(c) In sub paragraph (a) and (b) of this paragraph "intelligence assessment", in relation to a member, means an assessment of the intelligence of the member—

(i) of such kind, and

(ii) carried out by such person, being a person who, in the opinion of the Minister formed after consultation with the Council, is qualified to carry out such an assessment,

as may be determined by the Council with the consent of the Minister.

(2) If the Commissioner so decides, a garda or a sergeant who holds the degree of barrister-at-law, bachelor of laws or bachelor of civil law or has been admitted as a solicitor or holds a third level educational qualification that, in the opinion of the Council, is equivalent to one of those degrees or that qualification shall be deemed, for the purposes of these Regulations, to have passed any part of the Sergeant's Promotion Examination or the Inspector's Promotion Examination, as may be appropriate, that is concerned only with a subject that was part of the syllabus for the degree or qualification aforesaid.

(3) The syllabuses for the Sergeant's Promotion Examination and the Inspector's Promotion Examination shall be determined by the Commissioner on the advice of the Council and with the approval of the Minister.

8. (1) Subject to the provisions of these Regulations a garda who—

(a) holds a university degree, or a third level educational qualification, that, in the opinion of the Council, is equivalent to a university degree, and who has completed his period of probationary service in the Garda Síochána, or

(b) has completed three years of service in the Garda Síochána,

shall be eligible for the Sergeant's Promotion Examination and for competitions for promotion to the rank of sergeant.

(2) Subject to these Regulations, a sergeant who has passed the Inspector's Promotion Examination and who has completed two years of service in the rank of sergeant shall be eligible for competitions for promotion to the rank of inspector.

9. (1) Only gardaí who have such technical qualifications (if any), knowledge and experience as may be determined by the Council shall be eligible for competitions for promotion to the rank of sergeant in a section of the Garda Síochána specified in the Schedule to these Regulations.

(2) In cases where the Council so determines, only members who have such technical qualifications (if any), knowledge and experience as may be determined by the Council shall be eligible for competitions for promotion to the rank of inspector or to a higher rank in a section of the Garda Síochána specified in the Schedule to these regulations.

(3) Paragraph (1) (a) (i) of Regulation 7 of these regulations does not apply to a promotion to which paragraph (1) of this Regulation applies and paragraph (1) (b) (i) of the said Regulation does not apply to a promotion to which paragraph (2) of this Regulation applies.

(4) Selection of members for promotion to a position in a section of the Garda Síochána specified in the Schedule to these Regulations shall be made by means of a competition which shall include an interview conducted by an interview board constituted in accordance with Regulation 5 of these Regulations:

Provided, however, that where the position is tenable by a member of a rank not lower than that of inspector and is not one in relation to which a determination under paragraph (2) of this Regulation has been made, paragraph (6) of the said Regulation 5 shall not apply.

(5) (a) Members recruited pursuant to the provisions of Regulation 7 of the Garda Síochána (Appointments) Regulations, 1945 (S.R. & O., No. 173 of 1945), and assigned to serve in a particular section of the Garda Síochána shall not be eligible for transfer to any other section or part of the Garda Síochána on promotion or otherwise.

(b) Members serving in a section of the Garda Síochána specified in the Schedule to these Regulations who have attained the rank of sergeant or inspector while serving in that section shall not be eligible for transfer in the same rank to any other section or part of the Garda Síochána unless they have passed the Sergeant's Promotion Examination or the Inspector's Promotion Examination, as the case may be.

10. (1) Subject to paragraph (2) of this Regulation, a garda who joined the Garda Síochána on or after the 1st day of June, 1959, shall not be eligible for promotion to the rank of sergeant unless he has passed a test of proficiency in the Irish language, the nature and standard of which shall be determined by the Civil Service Commissioners after consultation with the Commissioner.

(2) Where, in the opinion of the Commissioner, it is necessary to do so in the interests of the efficiency of a section of the Garda Síochána specified in the Schedule to these Regulations, the Commissioner may, with the consent of the Minister, exempt a member from compliance with this Regulation.

11. Where a member (other than a member serving in a section of the Garda Síochána specified in the Schedule to these Regulations) is promoted to a rank not above that of inspector, he shall, as soon as may be but not later than 3 months after such promotion, be assigned to uniformed police duty and he shall remain so assigned for a period of at least one year.

12. A member who has been promoted to a rank not above that of inspector may, at his own request, be reduced by the Commissioner to his former rank.

13. If any attempt, direct or indirect, by or on behalf of a member to influence the decision or recommendation of any person in relation to the promotion of the member is made with the knowledge or consent of the member, the member shall be disqualified for the promotion concerned and shall not be eligible for promotion during the period of 5 years immediately following the attempt.

14. The following are hereby revoked—

(a) the Regulations of 1960,

(b) the Garda Síochána (Promotion) Regulations, 1962 ( S.I. No. 97 of 1962 ),

(d) the Garda Síochána (Promotion) (Amendment) Regulations, 1970 ( S.I. No. 43 of 1970 , and

(e) the Garda Síochána (Promotion) (Amendment) Regulations, 1983 ( S.I. No. 180 of 1983 ).

SCHEDULE

Garda Garage Section

Garda Mapping Section

Garda Computer Section

Garda Band

Garda Ballistics Section

Garda Printing Section

Garda Fingerprint Section

Garda Photography Section

Garda Documents Section

Garda Telecommunications Section

GIVEN under my Official Seal, this 12th day of February, 1987.

ALAN M. DUKES,

Minister for Justice.

The Government hereby approve of the foregoing regulations.

GIVEN under the Official Seal of the government, this 12th day of February, 1987.

PETER BARRY,

Tánaiste.

EXPLANATORY NOTE.

These Regulations set out the procedure to be followed in relation to the promotion of members of the Garda Síochána.