S.I. No. 316/1971:

GARDA SÍOCHÁNA (DISCIPLINE) REGULATIONS, 1971.

GARDA SÍOCHÁNA (DISCIPLINE) REGULATIONS, 1971.

I, DESMOND O'MALLEY, 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:

1. These regulations may be cited as the Garda Síochána (Discipline) Regulations, 1971.

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

3. These regulations shall come into operation on the 8th day of December, 1971.

4. The Garda Síochána (Discipline) Regulations, 1926, and the Garda Síochána (Discipline) Regulations, 1942 (S.R. & O., No. 254 of 1942), are hereby revoked.

5. (1) In these regulations--

"Appointing Officer" has the meaning assigned to it by regulation 8 and includes an officer of the same or higher rank acting in the place of the Appointing Officer and, for the purpose of regulation 8, includes a Superintendent of the Garda Síochána while assigned to discharge the duties of a Chief Superintendent in a particular Garda division;

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

"the Force" means the Garda Síochána;

"inquiry" means an inquiry under regulation 13;

"Investigating Officer" has the meaning assigned to it by regulation 8 and includes an officer nominated under regulation 16 (d);

"the member concerned" means the member of the Garda Síochána who is believed to be, alleged to be or found to have been in breach of discipline;

"the Minister" means the Minister for Justice;

"officer" means a member of the Garda Síochána of the rank of Superintendent or of higher rank and includes a member of the Garda Síochána of the rank of Inspector while assigned to discharge the duties of a Superintendent in a particular Garda district.

(2) A reference in these regulations to a regulation or Schedule is to a regulation or Schedule of these regulations and a reference to a paragraph or subparagraph is to a paragraph or subparagraph in the regulation or paragraph, as the case may be, of these regulations in which the reference occurs.

6. An act or omission described at a reference number in the Schedule shall be a breach of discipline and "in breach of discipline" shall be construed accordingly.

7. Nothing in these regulations shall affect the right of the Commissioner or any other member of the Force whose duties include the supervision of another member to deal informally (whether by advice, admonition or warning as the circumstances may require) with a breach of discipline of a minor nature.

8. (1) Subject to regulation 7, where it appears that there may have been a breach of discipline, the matter shall be investigated by an officer who is in these regulations referred to as an Investigating Officer.

(2) An Investigating Officer shall be an officer who is appointed to be an Investigating Officer by an officer who is of a rank not lower than Chief Superintendent and is in these regulations referred to as the Appointing Officer.

9. As soon as practicable after his appointment an Investigating Officer shall inform in writing the member concerned--

(a) that it appears that the member concerned may have been in breach of discipline,

(b) that the Investigating Officer is investigating the matter,

(c) that the member concerned is not required to make any statement relating to the matter but that if he wishes to make such a statement he may make it in writing, and

(d) that any statement made under paragraph (c) may be used in any inquiry under these regulations relating to the matter.

10. (1) Upon completion of an investigation under regulation 8 an Investigating Officer shall submit to the Appointing Officer a written report of the investigation, together with any statements (or copies thereof) made under regulation 9.

(2) Upon receipt of a report under this regulation the Appointing Officer shall without avoidable delay--

(a) decide whether or not to continue the proceedings under these regulations and

(b) if he decides to continue the proceedings, cause to be entered on a Discipline Form such particulars of the breach of discipline alleged as will leave the member concerned in no doubt as to the precise nature of it.

(3) A Discipline Form may be in such form as the Commissioner shall from time to time approve.

11. The member concerned shall be supplied with--

(a) two copies of the relevant Discipline Form duly completed,

(b) a copy of each statement intended to be used in an inquiry relating to the matter,

(c) particulars of any other information intended to be used in an inquiry relating to the matter, and

(d) an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation, which may be favourable to the member concerned and of which he may be unaware.

12. (1) When being furnished with the documents referred to in regulation 11 the member concerned shall be informed in writing--

(a) that he may admit or deny the breach of discipline alleged,

(b) that he may admit that the statements supplied under regulation 11 are wholly or partly true but deny that the facts stated therein constitute a breach of discipline,

(c) that he may deny the breach of discipline alleged but admit that the facts constitute another breach of discipline,

(d) that a denial under subparagraph (a), (b) or (c) shall not adversely affect him, and

(e) that he may return within 14 days of the date of its receipt by him one copy of the Discipline Form with an indication thereon of admission or denial of a breach of discipline.

(2) Where a copy of the Discipline Form is not returned within the period aforesaid the member concerned shall be taken to have denied the breach of discipline alleged.

13. After the return of the Discipline Form or (where the Form is not returned) the expiry of the 14-day period referred to in regulation 12, the Appointing Officer shall, without avoidable delay, forward to the Commissioner all the documents in his possession relating to the breach of discipline alleged and the Commissioner (unless he decides not to continue the proceedings) shall cause an inquiry to be held into the breach of discipline alleged.

14. (1) (a) An inquiry shall be held either by one officer or three officers, appointed for that purpose by the Commissioner.

(b) In case one officer only is so appointed, he shall be of a rank not lower than Chief Superintendent and references in these regulations to the Presiding Officer shall in such case be taken as references to such officer.

(c) In case three officers are so appointed, one at least shall be of a rank not lower than Chief Superintendent and the senior officer of those appointed shall be the Presiding Officer.

(2) Not later than 21 days before the date of the inquiry the member concerned shall be notified in writing of the date of the inquiry and of the names of the officers appointed to hold it.

(3) The date of the inquiry may be altered but shall not be altered so as to abridge the period of notice mentioned in paragraph (2) unless the member concerned agrees.

(4) (a) The member concerned may submit not more than three objections, each of which shall relate to a specified officer, to the membership of the inquiry and one such objection may be made without giving reasons therefor.

(b) An objection (and the reasons therefor where reasons are required) shall be submitted by the member concerned not later than 7 days after the receipt by him of the name of the officer to whom the objection relates.

(c) Where only one objection is made, the Commissioner shall allow the objection and shall substitute another officer for the officer objected to and, where more than one objection is made, the Commissioner shall allow that in respect of which reasons are not required and may at his discretion allow or disallow the other objection or objections, and, where the Commissioner substitutes another officer for an officer objected to, an objection may, subject to sub-paragraph (a), be made in respect of an officer so substituted.

15. (1) Where before the hearing of an inquiry it appears to the Presiding Officer that particular information relating to the breach of discipline alleged is not likely to be disputed, he may request the Investigating Officer and the member concerned to agree that there is no such dispute and, in the event of such agreement, a statement in writing of such information shall be admissible at the inquiry and the information shall not be required to be given orally.

(2) Not later than 14 days before the date of the inquiry the Presiding Officer shall notify in writing any persons whose attendance at the inquiry is, in his opinion, required in order to establish the material facts.

(3) Where it appears to the Presiding Officer that any particular fact may be established by more than one person, it shall not be necessary for him to give a notification under paragraph (2) to more persons than he considers sufficient to establish that fact, but an inquiry may on its own initiative or at the request of the member concerned or the Investigating Officer, call for examination at the inquiry such other or others of the persons aforesaid as it considers necessary.

(4) In the case of an inquiry at which information is to be given on oath the notification under paragraph (2) to a person who is not a member of the Force shall be by summons.

16. The following provisions shall apply to an inquiry:--

(a) Where, in the opinion of the Commissioner, the breach of discipline alleged is of so serious a nature as to warrant it and the Commissioner so informs the Presiding Officer in writing, information at an inquiry shall be given on oath.

(b) Where information at an inquiry is given on oath a verbatim record of all such information shall be taken and in any other case a record thereof shall be taken which is sufficient to enable the decision of the inquiry to be reviewed under regulation 20.

(c) The Presiding Officer shall read to the member concerned the particulars of the breach of discipline alleged and shall inform him--

(i) that he may admit or deny the breach of discipline alleged,

(ii) that he may admit that the statements supplied to him under regulation 11 are wholly or partly true but deny that the facts stated therein constitute a breach of discipline,

(iii) that he may deny the breach of discipline alleged but admit that the facts constitute another breach of discipline and

(iv) that a denial under subparagraph (i), (ii) or (iii) shall not adversely affect him.

(d) The Investigating Officer or another officer nominated by the Commissioner shall present the case on which the allegation of the breach of discipline by the member concerned is founded.

(e) The member concerned may present his case either in person, through another member of the Force or through a solicitor or barrister at his own expense.

(f) Where the member concerned presents his case through another member of the Force both members may examine witnesses.

(g) Where, because of the absence of the member concerned or a witness or for any other reason, the Presiding Officer is satisfied that the hearing of an inquiry should be adjourned, he may adjourn the hearing to a specified date and, in a case where the member concerned or a witness is absent, shall, if practicable, cause that member or witness to be duly notified of the adjournment.

(h) The inquiry shall decide--

(i) that the member concerned has not been in breach of discipline,

(ii) that such member has been in breach of discipline as alleged, or

(iii) that the facts established constitute another breach of discipline, provided, however, that such a decision shall not be made unless the inquiry is satisfied that the other breach is less serious (that is, one which in the circumstances of the particular case merits disciplinary action of a less serious nature) than the breach alleged and that such a decision is not unfair to the member concerned having regard to the fact that the other breach is not the breach that was alleged.

(i) The Presiding Officer shall announce the decision at the inquiry and shall thereupon consider any statement or submission in relation to the member's record of service, his conduct in the Force, his circumstances and any other relevant matter.

(j) Upon completion of an inquiry, a written report thereof (which shall include any statement or submission referred to in paragraph (i), if in writing, and, in the case of such a statement or submission made orally, an account thereof) shall be made and forwarded with the record of the inquiry to the Commissioner by the Presiding Officer, and the report shall state the decision of the inquiry and, where appropriate, its recommendation as to disciplinary action.

(k) Where there is a difference of opinion among the officers holding an inquiry the decision or recommendation of the majority shall prevail and only such decision or recommendation shall be included in the report.

17. (1) As soon as practicable after receipt by him of a report under regulation 16 the Commissioner shall, where a breach of discipline has been found to have occurred, decide what disciplinary action shall be taken.

(2) The power conferred on the Commissioner by paragraph (1) may, except in a case where a recommendation under regulation 16 (j) is for dismissal or reduction in rank, be exercised by a Deputy Commissioner or Assistant Commissioner authorized by the Commissioner.

18. The decision of the inquiry and the decision (if any) of the Commissioner shall be entered on the Discipline Form which shall be transmitted to the member concerned.

19. (1) If the member concerned is found to have been in breach of discipline, he shall be liable to one of the following, namely, dismissal, reduction in rank, temporary reduction in pay, reprimand or caution.

(2) A reduction in pay under this regulation shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed in amount one week's pay and the amount deducted in respect thereof in any one week shall not exceed 10 per cent of weekly pay.

20. (1) The member concerned may, subject to this regulation, apply to the Commissioner for a review of a decision under regulation 16 (h) or 17 or both.

(2) Notice of intention to apply for a review shall be given in writing by the member concerned to his immediate superior not later than seven days after the receipt by the member concerned of the Discipline Form under regulation 18, unless the application itself is lodged within that time.

(3) An application for a review shall be in such form as the Commissioner may from time to time approve and the application shall be submitted by the member concerned to his immediate superior not later than 14 days after the receipt by the member concerned of the Discipline Form under regulation 18.

(4) As soon as practicable after the receipt by him of an application for a review, the Commissioner shall--

(a) in a case where dismissal or reduction in rank had been decided on, refer the application to an appeal board (in these regulations referred to as an Appeal Board) under these regulations, or

(b) in any other case--

(i) if or in so far as the application is for a review of the decision of the inquiry, affirm or set aside the decision,

(ii) if or in so far as the application is for a review of his decision in relation to disciplinary action, affirm or revoke the decision or mitigate the disciplinary action, or

(iii) refer the application to an Appeal Board.

21. The member concerned may at any time before the commencement of a hearing by an Appeal Board withdraw an application for a review under regulation 20 by a notification in writing to that effect sent to the Commissioner.

22. (1) An Appeal Board shall consist of three persons nominated by the Commissioner.

(2) One member of an Appeal Board, who shall be chairman thereof and is in these regulations referred to as the Chairman, shall be selected from a panel nominated by the Minister and consisting of three persons, none of whom is a member of the Force and each of whom is a justice of the District Court or a barrister or solicitor of seven years' standing at least.

(3) The other two members of an Appeal Board shall be members of the Force selected from a panel of five persons nominated by the Commissioner of whom one shall be of the rank of Superintendent, two shall be of the rank of Chief Superintendent and each of the remaining two shall be of the rank either of Assistant Commissioner or of Deputy Commissioner.

23. (1) An Appeal Board shall, in accordance with these regulations, hear an application referred to it by the Commissioner and shall, not later than 21 days before the hearing, cause the member concerned to be notified in writing of the date of the hearing.

(2) The date of the hearing may be altered but shall not be altered so as to abridge the period of notice mentioned in paragraph (1) unless the member concerned agrees.

24. The provisions of regulation 15 and of paragraphs (d), (e), (f) and (g) of regulation 16 shall, subject to regulation 26, apply to an Appeal Board with the substitution of " Chairman " for " Presiding Officer " where that occurs.

25. A copy of the record referred to in regulation 16 (b) shall be supplied to the member concerned and to the officer presenting the case.

26. Where an application is in respect of an inquiry at which the information was given on oath, an Appeal Board shall deal with the matter by considering the verbatim record of the inquiry but

(a) the member concerned and the Investigating Officer shall be entitled to appear and be heard, and

(b) if the Board is satisfied that additional information is required, it may secure the attendance of witnesses.

27. Information at a hearing by an Appeal Board shall be given on oath and a verbatim record of all such information shall be taken.

28. (1) An Appeal Board shall, in relation to an application--

(a) if or in so far as the application is for a review of a decision of the inquiry, affirm or set aside the decision or decide that the facts established constitute a breach of discipline other than that found by the inquiry, provided that such a decision shall not be made unless the Board is satisfied that the other breach is less serious (that is, one which in the circumstances of the particular case merits disciplinary action of a less serious nature) than the breach alleged and that such a decision is not unfair to the member concerned having regard to the fact that the other breach is not the breach that was alleged, or

(b) if or in so far as the application is for a review of a decision of the Commissioner in relation to disciplinary action, recommend that the decision be affirmed, varied or revoked, as the case may be.

(2) A decision of an Appeal Board shall be communicated to the Commissioner for implementation.

(3) Where there is a difference of opinion among the members of an Appeal Board, the decision of the majority shall prevail and only such decision shall be communicated.

29. (1) Notwithstanding anything in these regulations, the officer who is Training Officer at the Garda Training Centre (or, if he is absent, such other officer at that Centre as is acting on his behalf) may deal with a breach of discipline by a member of the Force stationed at that Centre who has not completed his period of probation.

(2) The Training Officer (or other officer so acting on his behalf) shall ensure that when dealing with a breach of discipline under this regulation the member concerned is informed in sufficient detail of the nature of the breach to enable him to understand fully what is alleged and to offer any explanation or make any statement.

(3) Disciplinary action under this regulation shall not consist of anything other than a reduction in pay (which shall not, in respect of the same set of circumstances, exceed in amount one day's pay), a reprimand or a caution and shall be notified to the Commissioner without delay.

(4) A member of the Force against whom disciplinary action is taken under this regulation may apply to the Commissioner for a review of such action and such an application shall be dealt with by the Commissioner as if it were an application for review under regulation 20.

30. Where, because of the absence of the member concerned, compliance with a requirement of these regulations is not possible, proceedings may take place notwithstanding such non-compliance if an inquiry or an Appeal Board (as the case may be) is satisfied that this is reasonable in all the circumstances.

31. (1) Where, in the opinion of the Commissioner, the circumstances render such a course desirable, he may suspend from duty for a specified period a member of the Force.

(2) The power of suspension conferred on him by this regulation may be delegated by the Commissioner to a member of a rank not lower than Chief Superintendent who shall not so exercise the power as to impose a suspension of more than 72 hours.

32. Where a member of the Force is convicted of an offence or the District Court, without proceeding to a conviction, finds the facts alleged in a criminal charge to have been proved against a member of the Force, the Commissioner, an inquiry or Appeal Board shall be entitled to rely on the conviction or finding as conclusive.

33. Any time limit provided for by these regulations may be extended by the Commissioner, or by any officer of the Force to whom the Commissioner delegates this power, where the Commissioner or officer is satisfied that an extension is justified.

34. (1) Notwithstanding anything in these regulations, the Commissioner may, subject to this regulation, dismiss from the Force any member (not being of a rank higher than Inspector) whom he considers unfit for retention in the Force.

(2) The power of dismissal conferred by this regulation shall not be exercised except in the following cases--

(a) where the Commissioner is not in any doubt as to the material facts and the relevant breach of discipline is of such gravity that the Commissioner has decided that the facts and breach merit dismissal and that the holding of an inquiry could not affect his decision,

(b) where disclosure of facts relating to the breach of discipline would, in the opinion of the Commissioner, be liable to affect the security of the State or do serious and unjustifiable damage to the rights of some other person or to have other similarly grave consequences; provided that in such a case the Commissioner shall consider whether, in the interests of the member concerned, some special inquiry can be held into the relevant breach of discipline which would not be liable to affect the security of the State or do serious and unjustifiable damage to the rights of some other person or to have other similarly grave consequences,

(c) where the member has failed to attend for duty over such period and in such circumstances that it can be presumed that his intention has been to abandon his membership of the Force.

(3) The power of dismissal conferred by this regulation shall, in the case of a member who has completed his period of probation, not be exercised without the consent of the Minister and shall not, in any case, other than a case to which paragraph (2) (c) applies or any other case in which, despite reasonable efforts to do so, the member's whereabouts have not been established, be exercised without the member's being given an opportunity of advancing to the Commissioner reasons against the proposed dismissal.

35. Any proceedings in relation to a member of the Force which were commenced and are not concluded before the commencement of these regulations may be continued as if these regulations had not been made, but, in the event of a decision being made in those proceedings to take disciplinary action, the member shall be entitled to have the decision reviewed as if it were a decision made under these regulations and, accordingly, in such a case, the provisions of these regulations relating to an application under regulation 20 shall, subject to any necessary modifications, apply in relation to the decision.

SCHEDULE

Paragraph 6

1. Conduct prejudicial to discipline or likely to bring discredit on the Force.

2. Misconduct towards a member of the Force, that is to say, an assault on a member of the Force or any oppressive conduct by a member towards any other member over whom he is in a position of authority.

3. Neglect of duty, that is to say, failure or neglect, without good and sufficient cause, promptly to carry out any lawful order or to do any other thing which it is his duty to do, or carrying out any such order or doing any such thing in a negligent manner.

4. Disobedience of orders, that is to say, wilful disobedience of any lawful order.

5. Falsehood or prevarication, that is to say--

(a) making, or procuring the making of--

(i) any oral or written statement or

(ii) any entry in an official document or record which is, to the member's knowledge, false or misleading, or

(b) destroying or mutilating any official document or record or altering or erasing or adding to any entry therein, with a view to deceiving.

6. Breach of confidence, that is to say, making an unauthorized communication (namely, a communication other than a communication made in the exercise of duty or authorized by the Commissioner), in relation to any information which comes to the member's knowledge in the course of duty and which was not available to members of the public.

7. Corrupt or improper practice, that is to say--

(a) misappropriation or failure to account for any money or property received by a member in the course of duty,

(b) soliciting or receiving as a member of the Force and without the consent of the Commissioner any gratuity, present, subscription or testimonial (other than customary collections for such purposes as presentations to members on the occasion of transfer, marriage or retirement),

(c) placing of himself by a member under a pecuniary obligation to any person in such a manner as might affect his ability to discharge his duty as a member of the Force,

(d) improper use (or attempt at use) of his position as a member of the Force for his private advantage,

(e) writing or giving, otherwise than in accordance with conditions specified from time to time by the Commissioner, any testimonial of character or other recommendation with the object of obtaining employment for any other person or of supporting an application for a licence relating to intoxicating liquor, betting or gaming, or

(f) failure wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his ability to discharge his duty or as to be liable to compromise other members of the Force,

(g) signing or circulating a petition or statement relating to matters affecting the Force other than a petition or statement presented or intended to be presented to his superiors either directly or through a Representative Body.

8. Abuse of authority, that is to say--

(a) without good and sufficient cause, making an arrest,

(b) using unnecessary violence towards a prisoner or any other person with whom he is brought into contact in the execution of his duty or

(c) failing to behave with due courtesy towards a member of the public.

9. Neglect of health, that is to say, any culpable act or conduct by a member which occurs while he is absent from duty because of sickness and which is calculated to delay his return to duty.

10. Untidiness on duty or in uniform, that is to say, without good and sufficient cause, being untidy in appearance while on duty or while not on duty but wearing uniform in a public place.

11. Misuse of property in Garda custody, that is to say, wilful or careless misuse, waste or loss of or damage to any property in Garda custody, or failure, without good and sufficient cause, to report any such misuse, waste, loss or damage.

12. Intoxication, that is to say, while on duty or while in uniform in public, unfitness for duty through drinking or drugs or a combination thereof.

13. Drinking on duty, that is to say, without good and sufficient cause, drinking intoxicating liquor while on duty.

14. Unauthorized entering of licensed premises, that is to say, without good and sufficient cause while on duty, or while off duty but wearing uniform, entering any premises in respect of which a statutory license or permit has been granted relating to intoxicating liquor, betting or gaming.

15. Prohibited spare-time activities, that is to say--

(a) identifying actively or publicly with a political party,

(b) behaving in relation to political matters in such a manner and in such circumstances as to give rise to reasonable apprehension among members of the public in relation to impartiality in the discharge of duties,

(c) engaging (whether for reward or otherwise) in any activity which, though not mentioned in subparagraph (a) or (b), is prohibited by the Commissioner (either by general or special directive) as being likely to interfere with proper discharge of duties, as being likely to give rise to reasonable apprehension among members of the public in relation to impartiality in the discharge of duties or as being, for good and stated reasons, inappropriate for members of the Garda Síochána to engage in.

16. Criminal conduct, that is to say, conduct constituting an offence in respect of which there is a conviction by a court.

17. Accessory to a breach of discipline, that is to say, conniving at or being an accessory to a breach of discipline.

GIVEN under my Official Seal, this 30th day of November, 1971.

(Signed) DESMOND O'MALLEY

Minister for Justice

The Government hereby approve of the foregoing regulations.

GIVEN under the Official Seal of the Government, this 30th

day of November, 1971.

(Signed) SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

These regulations, which replace the Garda Síochána (Discipline) Regulations, 1926, and the Garda Síochána (Discipline) Regulations, 1942, prescribe the procedures for dealing with breaches of discipline by members of the Force.