Niall O'Connor

GARDAÍ HAVE SAID they are not carrying out a discipline investigation into a senior Garda Representative Association (GRA) member but instead are carrying out an assessment to see if they need to carry out an investigation. 

As revealed by The Journal, the garda had been informed that management were unhappy that he was speaking publicly about concerns he and other gardaí had.

The GRA Central Executive Committee member has spoken publicly on a range of topics, including a lack of pursuit driving training and the problem of enforcing scooter legislation.

It is understood the garda has been formally informed about the discipline procedure recently.

Sources have said that it is suspected that a garda manager, not in garda headquarters, had initiated the discipline process. This will then be assessed by a senior officer in Internal Affairs to determine if the investigation goes ahead. 

The Journal has confirmed that the issue in question is associated with an article in the Irish Times published on 14 August. The piece discussed the safety of gardaí after two members were injured when their patrol car was rammed by a stolen vehicle.

The garda could face sanctions that can include dismissal if it were to go the distance.  

The Journal has also obtained a Memorandum of Understanding (MOU) dating to the 1980s between garda management, the Department of Justice and the representative bodies. 

The document lays out the relationship between the representative associations. It also states that the disciplining of a Central Executive Committee member, of any of the representative bodies, can only be done with the consent of the serving Minister for Justice.

The Department of Justice confirmed that it and Minister Jim O’Callaghan was not contacted about the discipline matter. 

“Responsibility for the management of An Garda Síochána, including disciplinary matters, rests with the Garda Commissioner.

“Disciplinary rules governing An Garda Síochána are set out in the Policing, Security and Community Safety Act 2024 and the Conduct Regulations made under that Act. Neither the Department nor the Minister has had any involvement in the matters raised,” a spokesman said. 

Sources have said that there was surprise at high levels in the department and An Garda Síochána when it emerged the MOU existed. 

A statement from the garda press office confirmed that it was aware of the MOU.

“No disciplinary investigation has been commenced in relation to a representative of a Garda association. It is incorrect to state otherwise.

“In general, under the new discipline regulations, before a disciplinary investigation can even begin, it must be first assessed to determine if a complaint meets the threshold for a disciplinary investigation. If the assessment determines that it does not meet the threshold, then the matter is closed.

“An Garda Síochána is aware of the MOU, which dates to the 1980s. Any such MOU is matter for the parties to the MOU,” the statement said. 

The garda press office referenced a statutory instrument which governs the way a discipline assessment is carried out.  

‘Deeply worrying moment’

The GRA Central Executive Committee is set to meet at an emergency meeting in Athlone on Wednesday to discuss what action it will take in response to the discipline.

Niall Hodgins, President of the GRA laid out that Internal Affairs “and put on notice that he was subject to an allegation of misconduct”.

“This included an allegation of releasing sensitive operational information to the media, and which if found guilty, could have career damaging consequences for the member, right up to and including dismissal,” he said.

The GRA said it was fully in support of its member and said it was a “deeply worrying moment” in the history of industrial relations within An Garda Síochána.

“The referral of one of the executive of the GRA, who was elected to a position to speak on behalf of that electorate and indeed provide a voice for his Divisional members on matters affecting their health, safety, wellbeing, pay and conditions of employment, represents a direct assault on the rights of our senior executive.

“That management would defer to discipline when they hear something that they don’t like is, in my opinion, pernicious and injurious. This disregard for the fundamental principles of dialogue, respect and discussion is simply not acceptable. Respect must work both ways.

“The role of our elected representatives is clear and we will not be silenced by the threat of discipline and it is a truly worrying development where elected representatives are treated in this manner for fulfilling their roles,” Niall Hodgins added.