S.I. No. 64/1962 - Garda Síochána (Representative Bodies) Regulations, 1962.

I, CHARLES J. HAUGHEY, 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), hereby, with the approval of the Government, make the following regulations :

PRELIMINARY.

1. These Regulations may be cited as the Garda Síochána (Representative Bodies) Regulations, 1962.

2. (1) In these Regulations—

" area " means one of the four areas specified in sub-paragraphs (a), (b), (c) and (d) respectively of Regulation 4 of these Regulations;

" the Commissioner " means the Commissioner of the Garda Síochána;

" District Officer " means a Superintendent of the Garda Síiochána;

" Divisional Officer " means a Chief Superintendent of the Garda Síochána;

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

" Joint Representative Body " has the meaning assigned to it by Regulation 12 of these Regulations;

1925, No. 7.

" rank " means one of the ranks of the Garda Síochána specified in the third column of the First Schedule to the Police Forces Amalgamation Act, 1925 ;

" Representative Body " has the meaning assigned to it by Regulation 3 of these Regulations.

(2) For the purposes of these Regulations the members of the Garda Síochána permanently assigned to Garda Headquarters and the members of the Garda Síochána permanently assigned to the Garda Depot shall be deemed to form a Division which in these Regulations is referred to as the Headquarters/Depot Division.

Establishment of Representative Bodies.

3. For the purpose of enabling the members of the Garda Síochána to bring to the notice of the Commissioner and of the Minister matters affecting the welfare and efficiency of members (other than questions of discipline and promotion affecting individualmembers) there shall be established in accordance with these Regulations three bodies (each of which is in these Regulations referred to as a Representative Body) which shall be known respectively as—

(i) the Representative Body for Chief Superintendents and Superintendents;

(ii) the Representative Body for Inspectors, Station Sergeants and Sergeants; and

(iii) the Representative Body for Guards.

4. (1) For the purpose of electing members of the Garda Síochána to the Representative Bodies, the State shall be divided into four areas which shall be known, and in these Regulations are referred to, respectively as the Leinster Area, the Connaught/Ulster Area, the Munster Area and the Dublin Metropolitan Area.

(2) (a) The Leinster Area shall consist of the following Divisions, namely, Carlow/Kildare, Dublin/Wicklow, Leix/Offaly, Longford/Westmeath, Louth/Meath, Wexford, and the Headquarters/Depot Division.

(b) The Connaught/Ulster Area shall consist of the following Divisions, namely, Galway West, Mayo, Sligo/Leitrim, Roscommon/Galway East, Donegal and Cavan/Monaghan.

(c) The Munster Area shall consist of the following Divisions, namely, Cork (East Riding), Cork (West Riding), Kerry, Limerick, Tipperary, Clare and Waterford/Kilkenny.

(d) The Dublin Metropolitan Area shall consist of the Dublin Metropolitan Division.

Election of District Representatives, District Committees, Divisional Committees and Area Committees.

5. (1) In each District other than a District in the Dublin Metropolitan Area—

(a) Sergeants shall elect one of their number to be a District Representative, and

(b) Guards shall elect three of their number to be District Representatives.

(2) (a) In each District of the Dublin Metropolitan Area—

(i) Sergeants shall elect from their number a District Committee for that rank, and

(ii) Guards shall elect from their number a District Committee for that rank.

(b) For the purposes of the elections referred to in sub-paragraph (a) of this paragraph the Sergeants and Guards permanently assigned at the time of an election to the Central Detective Unit and the Sergeants and Guards then permanently assigned to the Special Detective Unit shall be deemed to form one District.

(3) In each Division—

(a) Sergeants shall elect from their number a Divisional Committee for that rank, and

(b) Guards shall elect from their number a Divisional Committee for that rank.

(4) (a) In each of the following areas, namely, the Leinster Area, the Connaught/Ulster Area, and the Munster Area,—

(i) Sergeants shall elect from their number an Area Committee for that rank, and

(ii) Guards shall elect from their number an Area Committee for that rank.

(b) In the Dublin Metropolitan Area—

(i) the Divisional Committees elected under paragraph (3) of this Regulation shall respectively be the Area Committees for the ranks referred to in that paragraph;

(ii) Station Sergeants shall elect from their number an Area Committee for that rank; and

(iii) Inspectors shall elect from their number an Area Committee for that rank.

(5) Inspectors who are permanently assigned to an area other than the Dublin Metropolitan Area shall elect from their number an Area Committee for those Inspectors.

6. Save where these Regulations provide otherwise, the number to be elected for each rank to a District Committee, Divisional Committee or Area Committee shall be one for each twelve members of that rank permanently stationed in the District, Division or Area (as the case may be), subject—

(a) to a minimum of three in every case, and

(b) to a maximum of five in the case of Inspectors, Station Sergeants and Sergeants, and fifteen in the case of Guards.

Election of Representative Bodies.

7. The members of the Representative Bodies shall be elected in the following manner :

(a) the Chief Superintendents in each area shall elect one of their number to a Selection Committee and the four Chief Superintendents so elected shall elect one of their number to act on the Representative Body for Chief Superintendents and Superintendents;

(b) the Superintendents in each Division shall meet to elect one of their number to act on a Selection Committee for the Area and each Selection Committee so elected shall meet to elect one of their number to act on the Representative Body for Chief Superintendents and Superintendents;

(c) for the purpose of paragraph (a) of this Regulation, the Headquarters/Depot Division shall, notwithstanding paragraph (2) of Regulation 4 of these Regulations, be deemed to be in the Dublin Metropolitan Area;

(d) the Area Committees, other than the Area Committees for the rank of Guard, shall each elect one of their number to act on the Representative Body for Inspectors, Station Sergeants and Sergeants;

(e) the Area Committees for the rank of Guard shall each elect three of their number to act on the Representative Body for Guards.

8. (1) Subject to paragraph (2) of this Regulation, the elections provided for by these Regulations shall be carried out in accordance with the procedure prescribed by these Regulations.

(2) The procedure for any election under these Regulations, other than an election held in the year 1962, may be varied by direction of the Minister for Justice upon the receipt by him of representations by the Joint Representative Body or, where one Representative Body only is concerned, by that Representative Body.

9. (1) Elections of members of the Representative Bodies shall take place in the month of April, 1962, (or as soon as may be thereafter) and thereafter in the month of April in every year that is the third year after a year in which elections are held under this Regulation.

(2) The Representative Bodies so elected shall hold office until the 31st day of March of the third year following the year of election.

(3) The Representative Bodies shall hold not less than two meetings in each year of office and such other meetings as the Commissioner may request or approve.

(4) The dates on, and places at, which meetings of the Representative Bodies shall be held shall be approved by the Commissioner.

(5) Save where the Commissioner for special reason so permits, a meeting of a Representative Body shall not extend over a period greater than five days.

10. (1) Elections of District Representatives and of members to serve on District Committees, Divisional Committees and Area Committees, shall take place in the month of April, 1962, (or as soon as may be thereafter) and thereafter in the month of April in every year that is the third year after a year in which elections are held under this Regulation.

(2) The District Representatives and Committees so elected shall hold office until the 31st day of March of the third year following the year of election.

(3) (a) Each District Committee, Divisional Committee and Area Committee shall, unless it deems it unnecessary to meet, meet not less than twice in each year of office on a day and at a place to be fixed by the Commissioner.

(b) In the Dublin Metropolitan Area a meeting of the Divisional Committee under this Regulation shall be deemed to be the meeting of the Area Committee for that Area under this Regulation.

(4) Save where the Commissioner for special reasons permits, a meeting of a District Committee, Divisional Committee or Area Committee shall not extend over a period greater than one day.

(5) (a) Every meeting of a District Committee, Divisional Committee or Area Committee shall take place not later than fourteen days, in the case of a District Committee or Divisional Committee, and not later than seven days, in the case of an Area Committee, before the date fixed for the next meeting of the Representative Body for the rank or ranks represented on the District Committee, Divisional Committee or Area Committee, as the case may be.

(b) (i) A District Committee, Divisional Committee or Area Committee may meet on such other occasion as the Commissioner approves.

(ii) A District Committee, Divisional Committee or Area Committee shall meet on such other occasion as the Commissioner requires.

11. (1) Each Representative Body, District Committee, Divisional Committee and Area Committee shall choose its Chairman and Secretary from amongst its own members and shall regulate its own procedure.

(2) Where there is an equality of votes regarding any matter under consideration at any meeting under these Regulations, the Chairman shall have a second or casting vote.

12. The three Representative Bodies, or any two of them, may—

(a) by written prior agreement sit together as a Joint Representative Body for any special purpose;

(b) be summoned to sit as a Joint Representative Body by the Commissioner for the consideration of any question referred to them by the Commissioner, who shall in such a case nominate a member of one of the Representative Bodies so summoned to be chairman of that Joint Representative Body.

13. Each member of a Representative Body or of a District Committee, Divisional Committee or Area Committee shall be given leave, which shall not be reckoned as annual leave, to enable him to attend the meetings of the Representative Body, District Committee, Divisional Committee or Area Committee (as the case may be) and such attendance shall be deemed to be an occasion of duty.

14. (1) A member of a Representative Body, District Committee, Divisional Committee or Area Committee shall cease to be a member on his ceasing to be a member of the Garda Síochána, on his changing rank or on his resignation from the Representative Body, District Committee, Divisional Committee or Area Committee, as the case may be.

(2) Where such a vacancy as is referred to in paragraph (1) of this Regulation occurs it shall be filled—

(a) in a case in which a Committee had elected the member to the office vacated, by the nomination by that Committee of one of its own number;

(b) in any other case, by co-option, by the Committee on which the vacancy arose, from the members of the Area, Division or District (as the case may be) which the member who vacated office represented.

General.

15. (1) On the nomination of the Representative Body for Guards and with the approval of the Commissioner, a member of the Garda Síochána of the rank of Guard shall be assigned to act in a whole-time capacity as General Secretary to the Representative Body for Guards.

(2) On the nomination of the Representative Body for Inspectors, Station Sergeants and Sergeants and with the approval of the Commissioner, a member of the Garda Síochána of the rank of Sergeant shall be assigned, for such period or periods as the Commissioner shall approve, to act as General Secretary to the Representative Body for Inspectors, Station Sergeants and Sergeants.

(3) An assignment under this Regulation shall be terminated at any time—

(a) on the direction of the Commissioner after recommendation by the Representative Body to which the assignment related, or

(b) for stated reasons on the direction of the Commissioner, after consultation with the Representative Body to which the assignment related.

16. (1) The Representative Body for Guards may, if it thinks fit, appoint from amongst its number an Executive Committee, which shall consist of three members.

(2) (a) The Executive Committee may meet whenever it thinks fit and shall meet when requested by the Commissioner to do so.

(b) Regulation 13 of these Regulations shall apply to meetings of the Executive Committee which have been requested by the Commissioner and to meetings for official consultations approved by the Commissioner but shall not apply to any other meetings of the Executive Committee.

17. Subject to the approval of the Commissioner and to such conditions, if any, as he may impose, each Representative Body shall be empowered to solicit and receive subscriptions from the members of the Garda Síochána holding the rank or ranks represented by that Representative Body.

18. (1) A Joint Representative Body or any Representative Body may apply to the Commissioner for any information which the Joint Representative Body or the Representative Body (as the case may be) considers necessary to assist it in its deliberations and, in so far as the Commissioner considers the application reasonable, the information sought shall, if available, be given.

(2) If—

(a) a Joint Representative Body or a Representative Body considers that the services of a particular person who is not a member of the Garda Síochána are necessary to assist it in the formulation of claims or proposals for determination under conciliation or arbitration machinery, and

(b) an application to employ that person is made to the Commissioner—

the Commissioner, if satisfied that to do so would not be prejudicial to discipline and would be in the interests or the welfare of the rank or ranks concerned, shall grant the application.

19. The following provisions shall apply to a meeting of a District Committee, Divisional Committee or Area Committee :

(a) subject to paragraph (c) of this Regulation, it shall be attended only by the members of the committee holding the meeting;

(b) a statement or other communication regarding the proceedings shall not be made or issued for publication in any form whatsoever;

(c) the attendance of members of the District, Division or Area, as the case may be, to which the Committee relates, at the whole or a part of the meeting, may be permitted at the discretion of the District Committee, Divisional Committee or Area Committee holding the meeting.

Elections.

20. (1) The Commissioner shall appoint officers who shall be known, and in these Regulations are referred to, as Convening Officers and who shall be responsible for the proper conduct of elections under these Regulations, including (in a case in which postal voting is not provided for by these Regulations) the determination of the place where an election shall take place.

(2) Save where the Commissioner otherwise decides, the District Officer shall be the Convening Officer for the election of District Representatives in his District, and the Divisional Officer for the centre at which the election is to be held shall be the ConveningOfficer for the election of a Divisional Committee or an Area Committee.

(3) In the Dublin Metropolitan Area and the Headquarters/Depot Division the Convening Officer shall be an officer appointed by the Commissioner.

21. (1) Elections under these Regulations shall be by secret ballot save where—

(a) the number of votes to be cast is less than five, and

(b) it is the unanimous wish of those present and eligible to vote that secret ballot be dispensed with.

(2) In the event of an equality of votes among more than one candidate for an election under these Regulations the candidate or candidates (as the case may be) determined by lot from among those who obtained equal numbers of votes shall be deemed to have been elected.

22. (1) A nomination of a candidate for an election under these Regulations shall be in writing and shall indicate by his signature the consent of the candidate to such nomination.

(2) A candidate shall be nominated by not less than two members of the same rank as the candidate.

(3) Notwithstanding any other provision of these Regulations, where in any election under these Regulations the number of candidates nominated is equal to or less than the number required by these Regulations to be elected, it shall not be necessary to hold a ballot and the candidates so nominated shall on the day of the election be declared elected by the Convening Officer.

(4) A person who is not eligible to vote in an election under these Regulations shall not be nominated as a candidate for that election.

23. A ballot paper for an election under these Regulations on which appears matters other than that required by the directions (if any) on the ballot paper to be furnished shall be deemed to be invalid and shall not be counted in determining the result of the election.

24. It shall be the duty of the Convening Officer to arrange for the supply of nomination papers and to ensure that, in respect of any election under these Regulations, a ballot paper is available for each person eligible to vote in that election.

Guards and Sergeants.

District Representatives.

25. Only those Sergeants and Guards who are permanently assigned to a District shall be entitled to vote in the election of the District Representatives for that District or to nominate a candidate for that District.

26. (1) Not later than thirty days before the date of the election, the Convening Officer for a District shall issue to each Garda station in that District a list of Sergeants and Guards permanently assigned to that District, containing the registered number of each such Sergeant and Guard and the name of the Garda station to which the Sergeant or Guard is so assigned.

(2) The Convening Officer shall send a copy of the said list to any such Sergeant or Guard temporarily absent from the District.

27. (1) Completed nomination papers shall be lodged with the Convening Officer not later than twenty days before the date of the election.

(2) Not later than ten days before the date of the election the Convening Officer shall issue to each Garda station and to each Sergeant and Guard temporarily absent from the District a list containing the name, registered number and rank of each nominated candidate and of his nominators.

(3) On the same date as he issues the list referred to in paragraph (2) of this Regulation the Convening Officer shall issue a ballot paper to each Sergeant and Guard eligible to vote.

28. (1) On the date of the election each Sergeant and Guard eligible to vote may vote for the candidate or candidates (as the case may be) of his own rank whom he prefers by writing the name, registered number and Garda station of the candidate or candidates (as the case may be) on the ballot paper.

(2) The ballot paper shall then be placed in an envelope by the voter who shall seal the envelope, write the rank of the candidate or candidates on the back of the envelope and lodge the envelope so sealed with the person then in charge of the Garda station to which the voter is permanently assigned.

(3) A voter temporarily absent from the Garda station on the day of the election shall, in lieu of so lodging it, enclose the sealedenvelope in an outer envelope and post it direct to the Convening Officer.

(4) Each voter shall be entitled to vote for as many candidates as there are vacancies.

29. (1) As soon as may be following the day of the election each person in charge of a Garda station in a District in which an election has taken place shall forward the envelopes containing the ballot papers in a sealed envelope to the Convening Officer.

(2) As soon as may be after the receipt of all the envelopes so sealed, the Convening Officer shall, in the presence of a member of each of the ranks concerned who shall be nominated by him and shall act as scrutineers, proceed to count the votes so received.

(3) On completion of the counting the Convening Officer shall add up the number of votes recorded for each candidate and shall declare elected the candidate receiving the highest number of votes or (as the case may be) the candidate who received the highest number of votes and the candidate who received the next highest number of votes, and so on until all the vacancies have been filled.

(4) In the event of an equality of votes among more than one candidate the Convening Officer shall declare elected the candidate or candidates (as the case may be) determined by lot from among those who obtained equal numbers of votes.

(5) As soon as may be after the completion of the election the Convening Officer shall notify the Divisional Officer and the members of the Garda Síochána in the District of the result of the election.

District Committees, Divisional Committees and Area Committees.

30. The election of District Committees shall be by postal vote and shall otherwise be carried out in accordance with the procedure prescribed by these Regulations, the numbers to be elected being in each case determined in accordance with the provisions of Regulation 6 of these Regulations.

31. (1) Subject to paragraph (2) of this Regulation, the District Representatives elected in each Division shall constitute the Divisional Committee for their respective ranks.

(2) (a) The Sergeants and Guards (excluding recruits in training) serving in the Headquarters/Depot Division shall respectively elect from their numbers the members to act as Divisional Committees.

(b) Elections under this paragraph shall be by postal vote and otherwise in accordance with the procedure prescribed by these Regulations.

(3) (a) Each District Committee in the Dublin Metropolitan Division shall meet to elect the members of the Divisional Committees for that Division.

(b) Each District Committee shall elect, in the case of Sergeants, one member and, in the case of Guards, three members.

(c) Each Divisional Committee elected under this paragraph for the Dublin Metropolitan Division shall constitute the Area Committee for the Dublin Metropolitan Area.

32. (1) (a) The Divisional Committee in each of the following areas, namely, the Leinster Area, the Connaught/Ulster Area and the Munster Area, shall meet to elect an Area Committee.

(b) Each Divisional Committee shall elect, in the case of Sergeants, one member and, in the case of Guards, three members.

(2) The Area Committees elected under this Regulation and the Area Committees in the Dublin Metropolitan Area shall each meet to elect, in the case of Sergeants, one of their number and, in the case of Guards, three of their number, to act on the Representative Body for Inspectors, Station Sergeants and Sergeants and the Representative Body for Guards respectively.

Station Sergeants and Inspectors.

33. (1) Each of the following—

(a) Station Sergeants serving in the Dublin Metropolitan Area,

(b) Inspectors serving in the Dublin Metropolitan Area, and

(c) Inspectors serving outside the Dublin Metropolitan Area—shall elect from their number the members to act as an Area Committee.

(2) The number to be elected under this Regulation shall in each case be determined in accordance with the provisions of Regulation 6 of these Regulations.

(3) Elections under this Regulation shall be by postal vote and otherwise in accordance with the procedure prescribed by these Regulations.

(4) Each Area Committee elected under this Regulation shall meet to elect one of their number to the Representative Body for Inspectors, Station Sergeants and Sergeants.

34. The Garda Síochána (Representative Bodies) Regulations, 1927, and the Garda Síochána (Representative Bodies) Regulations, 1927 (Amendment) Regulations, 1962 ( S.I. No. 6 of 1962 ) are hereby revoked.

GIVEN under my Official Seal, this 13th day of April, 1962.

(Signed) CHARLES J. HAUGHEY,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 13th day of April, 1962.

(Signed) SEÁN F. LEMASS,

Taoiseach.

EXPLANATORY NOTE.

These Regulations, which replace those made in 1927, prescribe the manner in which Representative Bodies for the ranks of the Garda Síochána up to and including the rank of Chief Superintendent shall be established. Provision is made for the formation of District, Divisional and Area Committees and for elections by secret ballot. The Representative Bodies will hold office for three years.