S.I. No. 366/1994:

GARDA SÍOCHÁNA (ASSOCIATIONS) (AMENDMENT) REGULATIONS, 1994.

GARDA SÍOCHÁNA (ASSOCIATIONS) (AMENDMENT) REGULATIONS, 1994.

I, MÁIRE GEOGHEGAN-QUINN, T.D., Minister for Justice, in exercise of the powers conferred on me by section 13 (as amended by the Garda Síochána Act, 1977 (No. 24 of 1977)), of the Garda Síochána Act, 1924 (No. 25 of 1924), and 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 (Associations) (Amendment) Regulations, 1994.

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

3. In these Regulations--

"the Regulations of 1983" means the Garda Síochána (Associations) (Amendment) Regulations, 1983 ( S.I. No. 151 of 1983 );

"the Regulations of 1991" means the Garda Síochána (Associations) (Amendment) Regulations, 1991 ( S.I. No. 342 of 1991 ).

4. The Second Schedule to the Garda Síochána (Associations) Regulations, 1978 ( S.I. No. 135 of 1978 ), is hereby amended by the substitution--

( a ) for Article 5 (amended by the Regulations of 1983 and 1991) of the following Article:

"5. (1) The National Executive shall be elected triennally and shall consist of thirteen members, all of whom shall be elected by postal ballot vote.

(2) The following provisions shall apply to the thirteen members elected by postal ballot vote.

( a ) Each area shall elect to the National Executive one of its members from the rank of Inspector, and one of its members from the rank of Sergeant.

( b ) In the areas of Connaught/Ulster, Munster and Leinster the candidate (either Inspector or Sergeant) with the next highest number of preference votes and in the Dublin Metropolitan Area the two candidates (either Inspectors or Sergeants) with the next highest number of preference votes shall be elected.

( c ) For the purpose of this Article each branch shall be entitled to nominate not more than one Sergeant and not more than one Inspector.

( d ) Each candidate shall be nominated by his own branch.

( e ) The election shall be by the proportional representation system, single transferable vote, and shall be conducted by Auditors appointed by the Annual Delegate Conference and shall be completed not later than a date determined by the National Executive.

(3) A member of the National Executive shall cease to hold office on ceasing to be a member of the Association or on ceasing to serve in the area wherein elected.

(4) Where a vacancy occurs on the National Executive, the candidate of the same rank as the person who created the vacancy with the next highest preference votes following the election of those at Article 5 (2) (a) and (b), and from the area wherein the vacancy occurs shall be co-opted to the National Executive to fill the vacancy. In the absence of such a candidate the National Executive shall have the power to co-opt any other Branch member of the same rank as the person who created the vacancy from the area wherein the vacancy arises."; and

( b ) for Article 6 (amended by the Regulations of 1983 and 1991) of the following Article:

"6. (1) The Annual Delegate Conference shall elect triennally a President from among the thirteen members of the National Executive. Candidates shall be nominated by Branch Committees prior to the Annual Delegate Conference not later than a date to be specified by the National Executive. A candidate shall be nominated by his own branch and by at least one other branch.

(2) The President shall cease to hold office on his ceasing to be a member of the Association or on his failure to attend 3 consecutive meetings of the National Executive unless, in the opinion of the National Executive, he has good and sufficient cause for such failure.

(3) In the event of the office of President becoming vacant, the National Executive may elect one of its members to act as President until the next Annual Delegate Conference.

(4) Following the election of a President as outlined at 6 (3), there shall be an election for the office of President at the next Annual Delegate Conference. Any member of the National Executive nominated by his own branch and at least one other branch, not later than a date to be specified by the National Executive, may be a candidate for the office of President. The President so elected shall hold office until the next triennial elections.

(5) The election of President shall be by proportional representation system, single transferable vote, and shall be conducted by Auditors appointed by the Annual Delegate Conference."

GIVEN under my Official Seal, this 29th day of November, 1994.

MÁIRE GEOGHEGAN-QUINN,

Minister for Justice.

The Government hereby approve the foregoing Regulations.

GIVEN under the official Seal of the Government, this 29th day of

November, 1994.

ALBERT REYNOLDS,

Taoiseach.

EXPLANATORY NOTE.

These Regulations amend the Garda Síochána (Associations) Regulations, 1978 to 1991.