Garda Síochána (Admissions and Appointments) Regulations 2013

• Jurisdiction: Ireland
• Citation: IR SI 470/2013
• Year: 2013

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 6th December, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by sections 121 , 122 , 123 and 128 (2) of the Garda Síochána Act 2005 (No. 20 of 2005) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No.138 of 2011 )), after consultation with the Commissioner of the Garda Síochána and with the approval of the Government, hereby make the following regulations:

Short title

1. These Regulations may be cited as the Garda Síochána (Admissions and Appointments) Regulations 2013.

Commencement

2. These Regulations come into operation on 3rd day of December 2013.

Definitions

3. In these Regulations—

“Commissioner” means the Commissioner of the Garda Síochána;

“EEA Agreement” has the same meaning as it has in the European Communities (Amendment) Act 1993 (No. 25 of 1993);

“EEA State” means a state, other than a Member State, that is a contracting party to the EEA Agreement;

“Leaving Certificate Examination” means the Leaving Certificate Examination of the Department of Education and Skills;

“member” means a member of the Garda Síochána;

“Member State” means a Member State of the European Communities;

“National Framework of Qualifications” has the same meaning as it has in the Qualifications and Quality Assurance (Education and Training) Act 2012 (No. 28 of 2012);

“probationary period” means, in relation to a member on probation, a period of 2 years from the date on which that person is appointed to be a member or such longer period as may be directed by the Commissioner in accordance with Regulation 12;

“probationer” means a member on probation in accordance with Regulation 12;

“registered medical practitioner” has the same meaning as it has in the Medical Practitioners Act 2007 (No. 25 of 2007);

“Regulations of 2007” means the Garda Síochána (Discipline) Regulations 2007 ( S.I. No. 214 of 2007 );

“Regulations of 2013” means the European Union (Subsidiary Protection) Regulations 2013 ( S.I. No. 426 of 2013 );

“relevant person”, for the purpose of Regulation 4(b)(i)(III), means a person—

(a)(i) who has been declared under Regulation 20 of the Regulations of 2013 to be a person eligible for subsidiary protection or who is deemed under Regulation 31(1) of those Regulations to be such a person,

(ii) who remains, under those Regulations, a person eligible for subsidiary protection, and

(iii) in relation to whom a subsidiary protection declaration remains in force under those Regulations, or

(b) who is a family member within the meaning of Regulation 23(4) of the Regulations of 2013;

“trainee” means a person who, in relation to the admission to membership of the Garda Síochána, is admitted for training as a member of the Garda Síochána in accordance with these Regulations.

Application for admission as trainee

4. Subject to the provisions of these Regulations, a person is eligible to apply for admission as a trainee where, on the closing date specified in the advertisement for the competition to which the admission relates—

(a) the person has attained 18 years of age but has not yet attained 35 years of age,

(b)(i) he or she—

(I) is a national of a Member State, an EEA St ate or the Swiss Confederation,

(II) is entitled under section 3 , 18 or 24 of the Refugee Act 1996 (No.17 of 1996) to the rights and privileges specified in section 3 of that Act,

(III) is a relevant person, or

(IV) has had a period of one year’s continuous residence in the State and, during the 8 years immediately preceding that period, has had a total residence in the State amounting to 4 years.

(ii) A period of residence in the State shall not be reckonable for the purposes of determining whether a person meets the 5 year residency requirement referred to in paragraph (b)(i)(IV) if—

(I) it is in contravention of section 5 (1) of the Immigration Act 2004 (No. 1 of 2004), or

(II) it consists of a period during which the person was entitled to remain in the State in accordance only with section 9 (2) of the Refugee Act 1996 , whether that period occurred before or after the amendment of that section by section 7 (c) (i) of the Immigration Act 2003 (No. 26 of 2003),

(c) he or she has obtained-

(i) a grade of not less than D3 in 5 subjects at not lower than ordinary level in the Leaving Certificate Examination,

(ii) a Level 5 Certificate (Major Award) or greater that is recognised within the National Framework of Qualifications, or

(iii) such other qualification that, in the opinion of Quality and Qualifications Ireland, is of a standard in terms of both level and volume of learning that is not lower than the standard of those qualifications specified at subparagraphs (i) and (ii), and

(d) he or she has proven proficiency in 2 languages, one of which shall be either English or Irish, which may be proven—

(i) by the grades or qualifications specified at paragraph (c) or,

(ii) in relation to Irish or English only, by undergoing such assessment or assessments as the Public Appointments Service shall determine.

Admission as a trainee

5. (1) Subject to the provisions of these Regulations, where a person has made an application for admission under Regulation 4, the Commissioner may arrange for the admission of the person as a trainee with a view to his or her subsequent appointment and enrolment as a member where the Commissioner is satisfied that, at the time of that arrangement for admission, that person-

(a) continues to meet the requirements of Regulation 4(b),

(b) has been successful in a competitive selection process organised by the Public Appointments Service that is of such a standard and takes into account such matters, including the giving of due recognition to any satisfactory service by the person as a reserve member of the Garda Síochána, as the Public Appointments Service and the Commissioner, after consultation with the Minister, determine,

(c) is of good character,

(d) is certified by a registered medical practitioner nominated by the Commissioner to be in good health, of sound constitution and suited physically and mentally to performing the duties of a member,

(e) has passed a physical competence test and such other tests as may be determined by the Commissioner, after consultation with the Minister,

and

(f) is available to commence training within a reasonable time of being offered admission as a trainee.

(2) Notwithstanding any other provision of these Regulations, the Commissioner shall not admit a person for training as a member of the Garda Síochána with a view to his or her subsequent appointment and enrolment as a member unless it appears to the Commissioner that the person is generally suitable for such admission.

Conditions of service of trainees.

6. (1) The Commissioner may make provision for the admission and training of trainees (subject, in matters involving expenditure, to the approval of the Minister) and, without prejudice to the generality of the foregoing, may—

(a) pay trainees sums by way of remuneration and expenses, and

(b) provide premises for training purposes and other training facilities.

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