The Garda Commissioner will be given powers to summarily dismiss a garda he suspects of grave misconduct under new regulations that will come into force next month.
The new regulations are intended to streamline discipline procedures in An Garda Síochána and are in direct response to recommendations made by three reports from the Morris tribunal which investigated wrongdoing by gardaí in Donegal.
In his reports, Mr Justice Frederick Morris was highly critical of internal discipline procedures which he said was being used by some rogue gardaí to undermine the force. He said that without a management structure based on strict compliance and immediate accountability, there was a danger that events which occurred in Donegal could happen again.
The new regulations state that the Garda Commissioner will be given the power of summary dismissal if he is not in any doubt as to the facts surrounding the case and he is convinced that the holding of an inquiry into the breaches of discipline would not affect his decision.
Disciplinary proceedings can now be made against a serving garda even if that garda is the subject of criminal proceedings. This will close a loophole which halted investigations in the past. The burden of proof in investigating cases will be on the balance of probability rather than beyond reasonable doubt.
In the case of minor breaches of discipline, the issues will be resolved at station level by the offending garda's immediate superior on an informal level or through a formal review by a senior officer below the rank of chief superintendent. Sanctions will include the deduction of two weeks pay, reprimand, warning, caution or advice.
Cases of serious breaches of discipline will involve a formal investigation by a three-person board appointed by the Garda Commissioner. The presiding officer will be either a District Court judge or an experienced solicitor or barrister.
Under the existing discipline regulations, presiding officers of inquiry boards have always been at chief superintendent rank. The others will be Garda members.
Possible sanctions range from the deduction of four weeks pay to dismissal. Provision has also been made for an appeal board, also consisting of three members.
Minister for Justice Michael McDowell said the disciplinary procedures were based on well-established principles in the public service and beyond.
"The main problem identified by the tribunal was the overlay of legal formalism and procedures which could be used to delay and frustrate simple, straightforward disciplinary investigations.
"There have been extensive discussions and engagement with the Garda associations in recent weeks and the new regulations represent a fair and effective response to dealing with the shortcomings identified by the Morris tribunal under the current discipline arrangements."
