S.I. No. 218/1965:

GARDA SÍOCHÁNA ALLOWANCES (CONSOLIDATION) ORDER, 1965.

GARDA SÍOCHÁNA ALLOWANCES (CONSOLIDATION) ORDER, 1965.

ARRANGEMENT OF ARTICLES

Article.

1. Short title.

2. Interpretation.

3. Definitions.

4. Special temporary allowance.

5. Subsistence allowance.

6. Special suspension allowance.

7. Locomotion expenses.

8. Cycling allowance.

9. Transfer expenses.

10. Uniform allowance.

11. Boot allowance.

12. Plain clothes allowance.

13. Detective allowance.

14. Transport allowance.

15. Hospital expenses.

16. Miscellaneous allowances.

17. Payment of allowances in respect of period of absence from duty.

18. Allowances not to be taken into account for pension purposes.

19. Periods in respect of which allowances are payable.

20. Revocations.

SCHEDULE.

Locomotion, Cycling, Boot, Plain Clothes, Detective and Transport Allowances.

S.I. No. 218 of 1965.

GARDA SÍOCHÁNA ALLOWANCES (CONSOLIDATION) ORDER, 1965.

I, BRIAN LENIHAN, Minister for Justice, in exercise of the powers conferred on me by section 12 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), and section 1 of the Garda Siochana, Act, 1958 (No. 14 of 1958), with the sanction of the Minister for Finance and after due compliance with subsection (2) of the said section 12, hereby order as follows:

1. This Order may be cited as the Garda Siochana Allowances (Consolidation) Order, 1965.

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

3. In this Order--

"the Minister" means the Minister for Justice ;

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

"the Force" means the Gards Síochána.

4.--(1) Where a married member of the Force, having been transferred, is unable to find suitable unfurnished quarters for his family in reasonable proximity to his new station, he may be granted a special temporary allowance towards meeting the extra expense necessarily involved by reason of his being obliged to take furnished quarters at the station. Each case of this nature will be considered on its merits and the appropriate allowance shall be fixed by the Minister within such limitations and subject to such restrictions as may from time to time be laid down by the Minister for Finance.

(2) For the purposes of this Order, a widower shall be regarded as a married man, if, and for so long as, his child or any of his children remains under the age of (in the case of a male) 18 years or (in the case of a female) 21 years.

5.--(1) Subject to the provisions of paragraphs (9) and (10), members of the Force employed on duty away from their permanent stations shall be paid subsistence allowance at the rates set out in the following paragraphs of this Article.

(2) Where a night's absence from the permanent station is not involved, the following rates shall apply :

(3) Where an absence of one or more nights is involved and where neither sleeping accommodation nor messing facilities are available the rates for each night up to 24 hours, as respects all absences on duty other than temporary transfer, shall be as follows :

Provided that in the case of an absence of less than 24 hours where the expense of lodging has not been incurred the night rate of subsistence allowance shall not be payable unless the absence was of not less than 18 hours duration and covered the period from 11 p.m. to 4 a.m.

After 56 nights no allowance is payable except that--

(i) members obliged to maintain two establishments may be paid vouched extra expenses necessarily incurred within a limit of two nights' subsistence a week at the appropriate rate in column (2) of the Table set out in this paragraph ;

(ii) members who although not obliged to maintain two establishments are under additional expense due to retention of rooms at their normal headquarters may be paid vouched extra expenses calculated by reference to cost of lodgings at temporary station plus cost of retention of rooms at normal headquarters, less cost of lodgings at normal headquarters, within a limit of one night's subsistence a week at the appropriate rate in column (2) of the Table set out in this paragraph.

(4) Where an absence of one or more nights is involved and where neither sleeping accommodation nor messing facilities are available the rates for each night up to 24 hours, as respects absences on temporary transfers, shall be as follows :

After 30 nights no allowance is payable except as provided in subparagraphs (i) and (ii) of paragraph (3) of this Article.

(5) Where sleeping accommodation is provided but where no messing facilities are available or can conveniently be made available the rates for each night up to 24 hours shall be as follows :

(6) Where members of the Force are absent on duty from their permanent stations and both sleeping accommodation and messing facilities are available they shall, if unmarried, or if married and already separated from their families, be entitled to an allowance at the rate of sixpence a night for not more than the first seven nights of absence : if married and not already separated from their families, they shall receive an allowance at the rate of seven shillings per night up to 24 hours for not more than the first thirty nights of absence and at the rate of five shillings and threepence per night after thirty nights.

(7) For the purposes of paragraphs (3), (4), (5) and (6) of this Article an absence of one or two nights from the temporary centre shall not be regarded as breaking the continuity of the stay at that centre. This provision shall not be construed as rendering the absence of one or two nights reckonable as part of the stay at the temporary centre.

(8) Where a member of the Force is in receipt of subsistence allowance under paragraph (5) or paragraph (6) of this Article and the member is absent from the temporary centre for not less than 5 hours on any day, in case the amount which he would be entitled to receive under paragraph (2) of this Article if such absence were from his permanent station exceeds the rate of the subsistence allowance of which he is so in receipt, he shall receive, in respect of the absence, an allowance equal to the amount of such excess.

(9) Subsistence allowance shall not ordinarily be paid in respect of absences on duty performed in the day-time within a distance of two miles from the station.

(10) Subsistence allowance shall not be paid to a member of the Force in respect of a period during which he is at either his home or his normal place of residence.

6. Members of the Force who have been suspended from duty may be granted a special suspension allowance in lieu of pay during the period of suspension at such a rate, not less than one-half and not more than two-thirds of their pay, as the Commissioner may determine. Where a member having been suspended, is dismissed or resigns without having resumed duty, no allowance shall be paid to him in respect of the period of suspension except the aforesaid special suspension allowance.

7.--(1) Officers shall be paid locomotion expenses necessarily incurred by them in the performance of their duty. When travelling by rail they shall be allowed first-class train fares. Public conveyance shall be utilised whenever the nature of the duty permits. Officers and Inspectors using their private motor cars or motor cycles in the performance of their duty shall be paid locomotion allowance at such rates and subject to such conditions as may from time to time be fixed by the Minister for Finance.

In cases where the Minister shall see fit he may, with the consent of the Minister for Finance, fix an inclusive locomotion allowance at any time for a particular district or division.

(2) Inspectors and lower ranks shall, where travel vouchers have not been issued, be allowed the cost of the least expensive form of suitable conveyance for travelling on duty. All such locomotion expenses shall be certified by the District Officer, and, in any case where public transport has been used or cars hired, it must be clearly shown that bicycles could not reasonably have been used.

(3) Locomotion allowance at the rate specified in the Schedule to this Order shall be paid to each Superintendent and Inspector stationed in the Dublin Metropolitan Area (excluding Headquarters and the Depot) to cover all expenses of locomotion within that area.

(4) Notwithstanding the provisions of paragraph (3) locomotion allowance shall not be paid to a Superintendent or an Inspector for whom official Transport is provided, or who is required to provide himself with a motor car for use on duty and who is in receipt of the appropriate allowance for that purpose, or whose duties do not require him to incur travelling expenses in the performance of those duties.

8.--(1) Cycling allowance at the rate specified in the Schedule to this Order shall be paid to each Inspector, Sergeant and Guard outside the area formerly known as the Dublin Metropolitan Division who has been directed by the Commissioner to provide himself with a bicycle for use on duty. The payment of cycling allowance shall be subject to a certificate by the District Officer that the member concerned has in his possession a bicycle in good order and is willing to use it on police duty when ordered to do so.

(2) Sergeants and Guards stationed in the area mentioned in paragraph (1) of this Article who are directed to use bicycles on duty may be paid cycling allowance at such rates as may be sanctioned by the Minister for Finance.

9. Members of the Force transferred from one station to another, unless transferred as a punishment or at their own request, shall be allowed expenses of transfer within such limitations and subject to such conditions as may from time to time be fixed by the Minister with the sanction of the Minister for Finance.

10.--(1) An initial uniform allowance of £90 shall be paid on first appointment as an officer, but, in the cases of officers promoted from the rank of Inspector who received an initial uniform allowance on appointment to the rank of Inspector, the uniform allowance on promotion to officer rank shall be £21. An annual uniform maintenance allowance of £40 shall be paid after the first year's service as an officer. The initial uniform allowance shall not be paid on promotion from one officer rank to another.

(2) Officers entitled to an initial uniform allowance of £21 under paragraph (1) of this Article shall, in addition, be paid during the period of one year immediately following the date of their promotion to officer rank a uniform allowance at the rate of £22 per annum.

(3) An initial uniform allowance of £80 shall be paid on first appointment to Inspector rank and an annual uniform maintenance allowance of £37 10s. 0d. after the first year.

(4) Where, in the case of a member of the Force below the rank of Inspector, uniform is not supplied fitted by a contractor, a uniform allowance shall be paid for making up uniform at such rates as may from time to time be authorised by the Minister with the sanction of the Minister for Finance.

(5) No allowance under this Article shall be paid to Officers or Inspectors who are in receipt of plain clothes allowance.

11. Boot allowance at the rate specified in the Schedule to this Order shall be paid to all members of the Force not being of higher rank than Inspector.

12. Members of the Force employed under the authority of the Commissioner, in plain clothes provided at their own expense, shall be paid in respect of a calendar month plain clothes allowance at the rates specified in the Schedule to this Order while so employed, provided that plain clothes allowance shall not be paid unless the member concerned was employed in such plain clothed for at least seven days within the month.

13. Members of the Force who are employed under the authority of the Commissioner on detective duties shall be paid in respect of a calendar month detective allowance at the rate specified in the Schedule to this Order to cover casual expenses incidental to detective work, provided that detective allowance shall not be paid unless the member concerned was employed on detective duties for at least seven days within the month. Detective allowance shall not be paid to members of the Force engaged merely on clerical duties in connection with detective work.

14. Transport allowance at the rate specified in the Schedule to this Order shall be paid to

(a) members of the Force wholly employed as drivers or mechanics in the Motor Transport Section,

(b) members of the Force wholly employed as drivers of official cars at district headquarters,

(c) drivers for the Detective Units stationed throughout the country,

(d) members of the Force wholly employed as drivers on motor cycle duty.

15. Where the local medical attendant or the surgeon certifies that the removal to hospital of a member of the Force suffering from illness is necessary, an allowance shall be made to cover reasonable removal expenses. Where the illness is due to injuries received in the course of duty without wilful default or negligence, the Minister shall have power to authorise payment of hospital expenses necessarily incurred.

16.--(1) An allowance at the rate of £177 per annum shall be paid to the Superintendent acting as Private Secretary to the Commissioner.

(2) In case of duty of an exceptional character or in any special circumstances not provided for in this Order, the Minister may, with the sanction of the Minister for Finance, authorise the payment of such allowance as he considers to be appropriate.

17. An allowance under this Order shall not, unless the Minister with the concurrence of the Minister for Finance otherwise determines, be payable in respect of a period of absence from duty.

18. None of the allowances authorised by this Order shall be taken into account for the purposes of computing the pension or gratuity of any member of the Force, or the pension, gratuity, or allowance of a wife, child, or dependent of any member of the Force.

19. When an allowance under this Order is claimed, such allowance shall not, unless the Minister otherwise determines, be payable in respect of any period not falling wholly within twelve months immediately preceding the date on which it is claimed.

20. The following Orders are hereby revoked :

(a) the Garda Síochána Allowances (Consolidation) Order, 1947 (S.R. & O., No. 167 of 1947),

(b) the Garda Síochána Allowances Order, 1950 ( S.I. No. 174 of 1950 ),

(c) the Garda Síochána Allowances Order, 1953 ( S.I. No. 258 of 1953 ),

(d) the Garda Síochána Allowances Order, 1954 ( S.I. No. 294 of 1954 ),

(e) the Garda Síochána Allowances Order, 1955 ( S.I. No. 271 of 1955 ),

(f) the Garda Síochána Allowances Order, 1956 ( S.I. No. 323 of 1956 ),

(g) the Garda Síochána Allowances Order, 1958 ( S.I. No. 52 of 1958 ).

SCHEDULE.

Articles 7, 8 11, 12, 13 and 14.

Locomotion, Cycling, Boot, Plain Clothes, Detective and Transport Allowances.

GIVEN under my Official Seal, this 21st day of October, 1965.

BRIAN LENIHAN.

Minister for Justice.

The Minist er for Finance hereby sanctions the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 21st day of October, 1965.

JOHN LYNCH,

Minister for Finance.

EXPLANATORY NOTE.

This Order consolidates, with a number of amendments, the Garda Síochána Allowances Orders 1947 to 1961.