S.I. No. 135/1978:

GARDA SÍOCHÁNA (ASSOCIATIONS) REGULATIONS, 1978.

GARDA SÍOCHÁNA (ASSOCIATIONS) REGULATIONS, 1978.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 13 of the Garda Síochána Act, 1924 (No. 25 of 1924), as amended by the Garda Síochána Act, 1977 (No. 24 of 1977), 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) Regulations, 1978.

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

3. In these Regulations--

"district" has the meaning assigned to it by the Garda Síochána (Designations, Appointments and Discipline) Regulations, 1924;

"division" has the meaning assigned to it by the Garda Síochána (Designations, Appointments and Discipline) Regulations, 1924;

"Representative Body" means a Representative Body which was elected in accordance with the provisions of the Garda Síochána (Representative Bodies) Regulations, 1962 ( S.I. No. 64 of 1962 ), as amended, and which holds office at the making of these Regulations.

4. (1) An association to be known as the Garda Representative Association is hereby established for the purpose of representing members of the Garda Síochána holding the rank of Garda in all matters affecting their welfare and efficiency.

(2) The provisions of the First Schedule to these Regulations shall apply to the Association.

5. (1) An association to be known as the Association of Garda Sergeants and Inspectors is hereby established for the purpose of representing members of the Garda Síochána holding the rank of Sergeant, Station Sergeant or Inspector in all matters affecting their welfare and efficiency.

(2) The provisions of the Second Schedule to these Regulations shall apply to the Association.

6. Subject to the provisions of these Regulations, the Associations established pursuant to Regulations 4 and 5 of these Regulations may conduct their own affairs in accordance with a Constitution or Rules made by the Associations.

7. (1) The elections of members of each district committee, of members of each regional committee and of members of the Central Executive Committee of the Garda Representative Association shall be held in the year 1978 as soon as may be after the making of these Regulations and every subsequent election shall be held in accordance with the provisions of the First Schedule to these Regulations.

(2) The elections of members of each branch committee and of members of the National Executive of the Association of Garda Sergeants and Inspectors shall be held in the year 1978 as soon as may be after the making of these Regulations and every subsequent election shall be held in accordance with the provisions of the Second Schedule to these Regulations.

8. (1) For the purposes of the elections to be held pursuant to these Regulations in the year 1978, every person who holds the rank of Garda may excercise the powers which the provisions of the First Schedule confer on a member of the Association for that rank and every person who holds the rank of Sergeant, Station Sergeant or Inspector may exercise the powers which the provisions of the Second Schedule to these Regulations confer on a member of the Association for those ranks.

(2) Until such time as the first election pursuant to these Regulations of the members of the Central Executive Committee of the Garda Representative Association has been completed, the Representative Body for that rank shall be deemed to be the Association established pursuant to these Regulations and shall be entitled to exercise the powers and functions which the provisions of these Regulations confer on the Central Executive Committee of the Association.

(3) Until such time as the first election pursuant to these Regulations of the members of the National Executive of the Association of Garda Sergeants and Inspectors has been completed, the Representative Body for those ranks shall be deemed to be the Association established pursuant to these Regulations and shall be entitled to exercise the powers and functions which the provisions of these Regulations confer on the National Executive of the Association.

FIRST SCHEDULE.

Garda Representative Association.

The Association

1. (1) The Association shall be known as the Garda Representative Association.

(2) Subject to any conditions that may be determined by the Association, membership of the Association shall be open to all members of the Garda Síochána who hold the rank of Garda.

Management

2. The management of the Association shall be vested in

( a ) Annual or Special Conferences, and

( b ) a Central Executive Committee.

District Organisation

3. (1) For the purposes of this Article--

( a ) any section, or group of sections, of Garda Headquarters, as may be determined by the Central Executive Committee, shall be deemed to be a district;

( b ) the Garda Training Centre in the County of Tipperary shall be deemed to be a district; and

( c ) the Central Detective Unit and the Special Detective Unit shall together be deemed to be a district.

(2) The members of a district shall be the members of the Association permanently assigned to the district, but, for the purposes of paragraphs (3), (4) and (7) of this Article, shall not include, in respect of the Training Centre, Gardaí in training at the Centre.

(3) An Annual General Meeting of the members of each district shall be held as soon as may be in the year 1978 and thereafter in the month of January each year.

(4) Special general meetings of the members of a district shall be held whenever the district committee deem it necessary.

(5) The affairs of the Association in the district shall be conducted by a district committee in accordance with the policy of the Association.

(6) Each district committee shall be elected by written secret ballot of members of the district in the month of April in every third year after 1978. The manner in which the ballot, including nominations, is conducted shall be subject to the approval of the Central Executive Committee.

(7) The number of members of a district committee shall be equal to the number of members of the district divided by 25 (a fraction being rounded up) subject to a minimum of five and a maximum of nine.

(8) Each district committee shall elect from among its members a chairman and a secretary.

(9) A member of a district committee shall cease to hold office on his ceasing to be a member of the Association or on his being transferred permanently to another district.

(10) Where a vacancy occurs on a district committee, the committee shall have power to co-opt another person from among the members of the district to fill the vacancy.

Divisional Committees

4. Regional committee members from within each division shall constitute a divisional committee to deal with matters on a divisional basis. Each divisional committee shall elect from among its members a chairman and a secretary.

Regional Committees

5. (1) There shall be thirteen regions, one comprising all divisions in the Dublin Metropolitan Area and each of the other twelve comprising one or more divisions as may be determined by the Central Executive Committee.

(2) For the purposes of paragraph (1) of this Article--

( a ) Garda Headquarters shall be deemed to be a division;

( b ) the Garda Training Centre at Templemore in the County of Tipperary shall be deemed to be a division;

and

( c ) the Central Detective Unit and the Special Detective Unit in the Dublin Metropolitan Area shall together be deemed to be a division.

(3) There shall be a regional committee for each region. The number of members of each committee shall be determined in accordance with paragraph (4) of this Article.

(4) Within one month of its election, each district committee shall elect one of its members for each 100, or portion of 100, members in the district to act as a member of the regional committee.

(5) Each regional committee shall elect from among its members a chairman and a secretary.

(6) A member of a regional committee shall cease to hold office on his ceasing to be a member of the Association or on his being transferred permanently to another district.

(7) Where a vacancy occurs on a regional committee, the district committee which elected the member whose place has become vacant may elect a substitute.

Central Executive Committee

6. (1) At its First meeting after its election, each regional committee, except the Dublin Metropolitan Area Committee, shall elect one of its members to be a member of the Central Executive Committee. The Dublin Metropolitan Area regional committee shall elect five of its members for that purpose. The members so elected shall constitute the Central Executive Committee.

(2) A member of the Central Executive Committee shall cease to hold office on his ceasing to be a member of the Association.

(3) Where a vacancy occurs on the Central Executive Committee, the regional committee which elected the member whose place has become vacant may elect a substitute.

Annual Conferences and Special Conferences

7. (1) The Annual Conference shall be the primary policy making body of the Association.

(2) A Special Conference shall, in regard to the special matter for which it is called, be vested with the same powers and authority as an Annual Conference.

(3) The delegates to the Annual Conference and any Special Conference shall be the members of the regional committees, including those members who are members of the Central Executive Committee.

(4) The first Annual Conference shall be held as soon as may be after the making of these Regulations and every subsequent Annual Conference shall be held in the month of April in each year.

(5) A Special Conference may be called at any time by the Central Executive Committee and shall be called by that Committee on the requisition of seven regional committees, the majority of those present and voting in each of those committees being in favour of such Conference.

President and Vice-President

8. The Central Executive Committee shall elect one of its members to be President of the Association and may elect one of its members to be Vice-President.

General Secretary

9. (1) There shall be a General Secretary who shall be a member of the Association or a member of the Garda Síochána other than a member of the Association, provided that, in any case where the person proposed to be appointed to the position of General Secretary is a member of the Garda Síochána other than a member of the Association, his appointment shall be subject to the approval of the Minister, who may attach such conditions to such approval as he thinks fit in relation to the release of the member from Garda duties.

(2) The General Secretary shall be appointed by the Central Executive Committee.

(3) If the person so appointed is a member of the Central Executive Committee, a regional committee or a district committee he shall cease to be a member of such committee or committees.

SECOND SCHEDULE.

Association of Garda Sergeants and Inspectors.

The Association

1. (1) The Association shall be known as the Association of Garda Sergeants and Inspectors.

(2) Subject to any conditions that may be determined by the Association, membership of the Association shall be open to all members of the Garda Síochána who hold the rank of Sergeant, Station Sergeant or Inspector.

Management

2. The management of the Association shall be vested in

( a ) Delegate Conferences, and

( b ) a National Executive.

Area and Branch Organisation

3. (1) For the purposes of the organisation of membership, the State shall be divided into four areas as follows: the Leinster Area, the Connaught/Ulster Area, the Munster Area and the Dublin Metropolitan Area.

(2) ( a ) The Leinster Area shall consist of all divisions (apart from those in the Dublin Metropolitan Area) the headquarters of which are located in the province of Leinster.

( b ) The Connaught/Ulster Area shall consist of all divisions, the headquarters of which are located in the province of Connaught or Ulster.

( c ) The Munster Area shall consist of all divisions, the headquarters of which are located in the province of Munster.

( d ) The Dublin Metropolitan Area shall consist of all divisions in that Area.

(3) For the purposes of paragraph (2) of this Article--

( a ) Garda Headquarters shall be deemed to be a division;

( b ) the Garda Training Centre at Templemore in the County of Tipperary shall be deemed to be a division;

and

( c ) the Central Detective Unit and the Special Detective Unit in the Dublin Metropolitan Area shall together be deemed to be a division.

(4) There shall be a branch of the Association in each division which will consist of all members of the Association permanently assigned to the division.

(5) An Annual General Meeting of the members of each branch shall be held as soon as may be in the year 1978 and thereafter in the month of January each year for the purposes of, inter alia--

( a ) making nominations for the National Executive and

( b ) electing delegates to the Annual Delegate Conference.

(6) Special general meetings of a branch shall be held whenever the branch committee deem it necessary, or in accordance with the directions embodied in a resolution passed by a majority of the members present at a previous branch general meeting, or on a request signed by not less than one-fifth of the members of the branch or on the instruction of the National Executive.

(7) The affairs of the branch shall be conducted by a branch committee in accordance with the policy of the Association.

(8) The branch committee shall be elected by postal ballot vote of members of the branch. Elections shall take place annually and shall be completed not later than a date determined by the National Executive. The manner in which the ballot vote, including nominations, is conducted shall be subject to the approval of the National Executive.

(9) The branch committee shall consist of the six members who receive the highest total number of votes in the result of the postal ballot vote, subject, however, to the condition that one place at least of the six places on the committee shall be filled by the Inspector who receives the highest total number of votes (received by Inspectors) in the postal ballot whether or not he is among the six who received the highest total number of votes (provided always that an Inspector has been nominated). In the event of a tie for a place, it shall be filled by drawing lots.

(10) Each branch committee shall elect from among its members a chairman and a secretary.

(11) A member of a branch committee shall cease to hold office on his ceasing to be a member of the Association or on his being transferred permanently to another division.

(12) Where a vacancy occurs on a branch committee, the committee shall have power to co-opt another person from among the members of the branch to fill the vacancy.

Delegate Conference

4. (1) The supreme authority of the Association shall be vested in the Annual Delegate Conference or any Special Delegate Conference.

(2) Delegates to the Annual Delegate Conference shall be appointed at the Annual General Meeting of each branch and delegates to a Special Delegate Conference shall be appointed at a special general meeting of each branch.

(3) Each branch shall be entitled to appoint one delegate in respect of each 15 members of the branch provided that each branch shall be entitled to a minimum delegation of two.

(4) The members of the National Executive and the General Secretary shall, in addition to the delegates, be full members of the Delegate Conference.

(5) The first Annual Delegate Conference shall be held as soon as may be after the making of these Regulations and every subsequent Annual Delegate Conference shall be held in the month of April in each year.

(6) A Special Delegate Conference of the Association may be summoned at any time on the request of one-quarter of the total membership of the Association or may be summoned at any time at the discretion of the National Executive.

National Executive

5. (1) The National Executive shall consist of eleven members, eight of whom shall be elected by postal ballot vote and three by the Annual Delegate Conference.

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

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

( b ) For this purpose, each branch shall be entitled to nominate not more than one Sergeant or Station Sergeant and not more than one Inspector.

( c ) Each candidate must be nominated by his own branch.

( d ) The election shall be by the proportional representation system, single transferable vote, and shall be conducted in the year 1978 by auditors appointed by the Representative Body for Inspectors, Station Sergeants and Sergeants and, thereafter, by auditors appointed by the Annual Delegate Conference and shall be completed not later than a date determined by the National Executive.

(3) The Annual Delegate Conference shall elect from among the delegates present three further members of the National Executive. Each candidate must be nominated by his own branch.

(4) A member of the National Executive shall cease to hold office on his ceasing to be a member of the Association.

(5) Where a vacancy occurs on the National Executive, the Executive shall have power to co-opt a member.

President

6. (1) The annual Delegate Conference shall elect a President from among the eight members of the National Executive who have been elected by postal ballot vote. 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 committee and by at least one other branch committee.

(2) 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.

General Secretary

7. (1) There shall be a General Secretary who shall be a member of the Association or a member of the Garda Síochána other than a member of the Association, provided that, in any case where the person proposed to be appointed to the position of General Secretary is a member of the Garda Síochána other than a member of the Association, his appointment shall be subject to the approval of the Minister, who may attach such conditions to such approval as he thinks fit in relation to the release of the member from Garda duties.

(2) The General Secretary shall be appointed by the National Executive.

GIVEN under my Official Seal, this 9th day of May, 1978.

GERARD COLLINS,

Minister for Justice.

The Government hereby approve of the foregoing Regulations.

GIVEN under the Official Seal of the Government, this 9th day of May, 1978.

SEÁN Ó LOINSIGH,

Taoiseach.

EXPLANATORY NOTE.

These Regulations provide for the establishment of representative associations for the ranks of Garda, Sergeant, Station Sergeant and Inspector of the Garda Síochána.