Update – 5.35pm: The Garda Commissioner has written to all Gardaí directing them to report for duty on Friday.
Nóirín O’Sullivan has issued the letter ‘in order to ensure a guaranteed policing service and maintaining the security of the State so as to protect and support communities’.
The letter asks all members of the Garda Siochana to report for duty between 7am on Friday, November 4, and 7am on Saturday, November 5 – the first of four planned strike days.
The Commissioner has also directed that all leave and rest days for Garda members for that day are cancelled.
She has also urged all parties to use all available mechanisms to resolve the dispute.
Here is the letter in full:
“To each member of An Garda Síochána,
Re: Proposed action by the GRA and AGSI on specified dates in November 2016
Colleagues,
The Garda Representative Association (GRA) and Association of Garda Sergeants and Inspectors (AGSI) are currently in negotiations with the Department of Justice and Equality. In the event of failing to reach agreement in these negotiations, the Associations propose four dates of action by their membership commencing on the 4th November, 2016.
As Garda Commissioner, I am aware of the challenges and circumstances which members and staff of An Garda Síochána continue to experience. Despite these challenges, I acknowledge the continued dedication to duty which members of An Garda Síochána have shown and the commitment to continuously serve the community. Our members have given selflessly to protect the public and the State, which is vital in maintaining the trust and support of the communities we serve. The reputation enjoyed by An Garda Síochána is reinforced by our daily interaction with the community and ensuring that public safety is maintained. I wish to acknowledge and express my appreciation for your professionalism and commitment in this regard.
It is in this context, I believe that in the event that the proposed course of action takes place, it may irreparably compromise our authority to police the State. In addition, it will negatively impact on public confidence in An Garda Síochána and jeopardise the respect in which An Garda Síochána and each member of the Garda organisation is held.
Section 7 of the Garda Síochána Act, 2005, as amended (the 2005 Act), places a statutory obligation on each member of the Garda Síochána to protect the security of the state and to provide a policing service that ensures community safety and the protection of the public. In particular, Section 7(1) of the 2005 Act sets out the function of the Garda Síochána is to provide policing and security services for the State with the objective of:
(a) Preserving peace and public order
(b) Protecting life and property
(c) Vindicating the human rights of each individual
(d) Protecting the security of the State
(e) Preventing crime
(f) Bringing criminals to justice, including by detecting and investigating crime, and
(g) Regulating and controlling road traffic and improving road safety
Section 7(3) of the 2005 Act states that in addition to its function under subsection (1), the Garda Síochána and its members have such functions as are conferred on them by law including those relating to immigration.
The events of recent days and weeks have led to An Garda Síochána finding itself in an unprecedented situation. In particular, the action proposed for Friday 4th November and subsequently is without precedent and is gravely damaging for the delivery of a policing and security service for this country as well as for An Garda Síochána as an organisation and each individual member of An Garda Síochána.
In order to avert these potentially serious consequences for the policing and security of the State and in accordance with my statutory functions under Section 26(1) of the Garda Síochána Act, 2005, as amended, to ‘direct and control’ An Garda Síochána; annual leave and rest days in respect of every member of An Garda Síochána on the 4th November, 2016 are hereby cancelled.
In these circumstances, members are hereby directed to make themselves available for duty during the period 7am on the 4th November, 2016 to 7am on the 5th November, 2016. Local Garda Management will be in contact with you to confirm compliance with this direction. It will be necessary to introduce two (2) twelve (12) hour tours of duty during this period. Local Garda Management will direct personnel under their control on their required duties to ensure appropriate policing of their areas of responsibility.
An Garda Síochána has a long-established and proud tradition of placing our communities at the heart of everything we do. In order to maintain this position it is obligatory that we ensure public safety and protection by providing a guaranteed policing service and maintaining the security of the State at all times.
I am confident of your support in these difficult circumstances and I remain confident that the professionalism, dedication and commitment of the members of An Garda Síochána will prevail in the face of these challenges.”
Earlier: The Garda Commissioner is due to issue a direction this afternoon telling all garda members they must report for duty this Friday – the first of four planned strike days, writes Cormac O’Keeffe of the Irish Examiner.
The newspaper understands the message from Nóirín O’Sullivan will be sent out to all members via email and that all members will also be personally informed by their district or divisional officers.
It is unclear, as it stands, what impact this will have on the Garda Representative Association and the Association of Garda Sergeants & Inspectors and their 12,300 members – and whether or not the strike will go ahead, or to what extent.
Both associations have stated that the decision to take industrial action was driven by members themselves and their elected delegates – and that they are not acting under the instruction or advice of association leaders.
It is understood that the commissioner has taken this decision after the failure of the talks process, so far, to find a resolution and the looming strike on Friday.
Garda management want to know how many of the gardaí will now report to duty as ordered on Friday, so it can plan contingency cover for the day.
It is thought that the commissioner is using a provision under the Garda Síochána Act 2005 – regarding her function to “direct and control” the organisation – in issuing the direction.
The Department of Justice was informed of the intended direction beforehand.
