AGSI AUTUMN SEMINAR
Sheraton Hotel, Athlone, Co. Westmeath
7th November 2011
CONTENTS
Introduction by the President of AGSI, Aidan O’Donnell ................................... 3
Seminar Programme ................................................................................................ 4
The Croke Park Agreement, progress so far......................................................... 5
The Organisation of Working Time Act, 1997 ...................................................... 11
Impact of the Working Time Directive on the Garda Síochána .......................... 16
Other Croke Park Issues ......................................................................................... 19
Appeal for extension of February deadline refused.............................................. 22
Possible taxation of allowances – negotiations with Revenue .............................. 23
To go or not to go – retirement figures .................................................................. 26
The GRACE project ................................................................................................ 30
Garda Inspectorate Implementation Updates ....................................................... 32
The following documents are also available for downloading:
AGSI Excellence/Bravery/Outstanding Commitment Awards
The Westmanstown Rosters
The ‘Reverse Country’ Roster
It is also hoped to have the 2010 Report of the Garda Superannuation Scheme available
for downloading soon.
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INTRODUCTION
by AGSI President Aidan O’Donnell
It is my honour as president of AGSI to welcome you all to the annual seminar here in the
Sheraton Hotel in Athlone. I look forward to seeing many members of branch committees
again and I hope you all enjoy what promises to be a very interesting day.
As members will be aware, it has been an extremely pressured year. The work on the Croke
Park Agreement has been unrelenting, particularly that centred on the rosters debate which is
extremely time consuming and intricate – we report on the current position in this booklet.
The association representatives in these crucial discussions are very aware of their vital
importance to the members and will defend their interest to the very best of their abilities.
This booklet also contains an explanatory memorandum from the Department of Enterprise,
Trade and Employment on the Organisation of Working Time Act that has relevance to the
rosters negotiations.
In view of the high numbers retiring from the force the association wrote to the Minister for
Finance requesting him to extend the deadline for retirement under 2009 conditions beyond
its current date of the end of February. Our letter was passed to Mr Brendan Howlin T.D.,
Minister for Public Expenditure and Reform, and you can read his detailed, and not helpful,
reply here.
There are progress reports also in this booklet of the other Croke Park issues – civilianisation
and its allied subject - reporting structures, ICT, performance management, training report
and electronic funds transfer. The GRACE project is covered and we also have a summary of
the unfinished business from the reports of the Garda Inspectorate.
I draw your attention to the AGSI Excellence Awards information and nomination form that
are contained in the booklet you have been issued with. We have had some very worthy
winners of the awards since they were started in 2008 – John Liston, Derek Gannon, Michael
Moran, Angeline Conefry and John Hynes. Please consider who you could nominate and set
about nominating them. The awards are now an anticipated part of our annual delegate
conference, they have a context in wider society and they are part of the annual life of our
association.
I hope you enjoy the seminar and will take the opportunity to participate in the discussions.
Sincerely
Aidan O’Donnell
President, AGSI
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Seminar 2011 Programme
1. 09.30am: Morning coffee.
2. 10.00am: Opening address by the President of the Association, Mr
Aidan O’Donnell
3. 10.15am: Rosters, Transformation Agenda.
4. 12.15pm: Civilianisation; PALF (Performance Management)
5. 1.15pm: Lunch
6. 2.15pm: AC John Twomey: GRACE Project – station closures.
7. 3.15pm: IT; Training.
8. 4.00pm: Pensions
9. AOB
There will be a question and answer session after each speaker.
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The Croke Park Agreement – the progress so far
The Croke Park Implementation Body report
The Croke Park Implementation Body published its first annual report on progress under the
Agreement in June this year. The role of the Body is to drive implementation of the
Agreement and the Action Plans developed in each sector of the Public Service. Its Report
deals with the savings generated and reform delivered over the first year of the Agreement
The Body concluded that “solid and measurable” progress has been made by the parties to
the Agreement in the first year. It found that sustainable paybill savings of €289m were
achieved during the review period. These savings were driven primarily by a 5,349 reduction
in staff numbers. Other factors such as reductions in overtime costs and paybill savings
resulting from changed work practices, rationalisation etc. also contributed to these savings.
The Report also details examples of non-pay savings worth some €308m generated through
better use of resources – re-organising work and achieving greater internal efficiencies. It
also highlights examples of redeployment, reform and reconfiguration of services taking
place across the public service. While acknowledging the important progress that has been
made, the Body has cautioned, however, that there is a need for more “urgency and
ambition” in the coming weeks and months, in light of the fiscal situation and it has pointed
to some of the issues that need to be taken forward as a priority. The Minister for Public
Expenditure and Reform has welcomed the progress achieved but has agreed with the
Body’s assessment about the need to up the pace of implementation.
At the most recent meeting of the Garda Sectoral Implementation Body on Tuesday, 1st
November the chairman, Mr PJ Fitzpatrick, confirmed that there was no change in the status of the
Croke Park Agreement and that the government were committed to meeting its obligations provided
the time-lines of the implementation of the sectoral transformation agenda are met. The Troika
(IMF, ECB, and European Commission) are satisfied with the progress to date. Favourable comments
on the progress of the agreement were also contained in a recent report from the OECD. A new
departmental group – Reform and Delivery Unit- within the Department of Public Service Reform has
been established to oversee implementation of the reform agenda. The government over the
coming month will be publishing a number of important reports, including reform plans for the
public service, books of estimates, expenditure review of departments and the European Union will
also publish the financial outlook for the country. The publications will precede the budget which
will take place on the 6th of December.
It is unclear what the implications, if any, would be if the Garda Síochána failed to reach the required
number of retirements set out in the four year government plan in 2010 and the 13,000 target is not
reached. Another matter of concern is how the Employee Control Framework will impact on civilian
and garda numbers –this again is a matter for the government.
An Garda Síochána
The June report of the Body commented that the staff representative associations for An
Garda Síochána and the Defence Forces are not affiliated to ICTU, the report points out,
adding: ‘but, in a parallel process of engagement, agreement was reached with them on a
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reform agenda for those sectors. The terms of the Agreement have since been endorsed by
the relevant associations.’
Sectoral implementation structures
Sectoral Groups have been established by the National Implementation Body to assist both
employers and unions to progress implementation of the Agreement in a number of sectors.
In addition, separate parallel arrangements have been put in place for the Defence Forces
and for An Garda Síochána. The Chairman of the National Implementation Body, Mr P. J.
Fitzpatrick, chairs these Groups
The Body has also noted that some smaller redeployments are significant in terms of
demonstrating potential to free-up personnel for frontline services. ‘For example, An Garda
Síochána are increasing the number of civilian staff through redeployment of staff from
elsewhere in the public service. One such recent redeployment was the transfer of staff
from Government Departments to work as civilian call takers in the Garda Communications
Centre,’ states the report.
The report sets out the steps being taken by An Garda Síochána to improve the quality of
the policing service:
 ‘The operation of safety cameras has been outsourced with full roll out of the
‘GoSafe’ project implemented in March 2011. This project now provides 6,000 hours
of speed monitoring and detection, freeing up Gardaí to
concentrate on other areas of the road network and on other key road safety
offences such as drink driving.
 ‘A unified/shared “Integrated Command and Control Solution” has been procured
and implemented in Dublin and is currently being used by An Garda Síochána with
the Ambulance Service due to come online in Q2 2011.
 ‘Also increasingly, emergency and security services need to know the location of
their resources to respond to incidents and to enhance the safety of personnel on
the ground. A unified/shared “Automatic Vehicle Location System” is being
implemented with An Garda Síochána with the Ambulance Service as initial users.
This ensures a standard approach that removes duplication of activity, infrastructure
and costs.
‘As numbers fall, services to the public, and especially to the most vulnerable in society who
are the biggest users of public services – children, older people, the sick, the unemployed will suffer unless changes are made quickly to rosters, staffing levels, work practices and
skills mix across all sectors, and particularly in health services. Greater civilianisation is
necessary for the Garda Síochána, Prison Service and Defence Forces to allow the
maintenance of frontline services with fewer people, allied, in the case of An Garda
Síochána, to the reform of rostering arrangements required by the end of 2011. A number
of public service areas have also identified cross-disciplinary working as key to better
services, including, in particular, business inspection services.’
The report identifies implementation of revised rosters by end 2011 as a selected area for
priority action in 2011 by An Gharda Síochána.
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Rosters
Members will be aware of the intensive discussions and negotiations that have been
conducted over the past year as all parties endeavour to come to an agreement on a roster
that will fill the requirements of the Croke Park Agreement and maximise the number of
members available at times of maximum demand.
The negotiations have been intensive and detailed. Initially management put forward a
roster that they entitled the ‘reverse country’ roster , but they did so prematurely, before
the parties had agreed on the principles or discussed the possible implications of the
European Working Time Directive (EWTD); the Organisation of Working Time Act 1997
(QWTA) or the various judgements of the European Courts of Justice (ECJ).
From the regular bulletins issued by AGSI members will be aware that the staff associations
have been intensively working in a joint group at Westmanstown under the facilitation of
Chief Superintendent John Grogan, Human Resource Management and this group
considered a five-unit roster proposed by AGSI and a six-unit core and non-core roster
proposed by the GRA which latter was eventually chosen as the joint staff proposal, has
been given the working title ‘Westmanstown Roster’.
Key features of the 6-unit 24 hour roster
No of Units: 6 (based on the utilisation of the full District Resource).
Work life Balance: Work 27 days and Rest 13 days along with two "mandatory rest periods
after night duty". .
Resting: 13 clear rest days and 2 "mandatory rest periods after night duty" over the six week
period. Including: 2 Mondays, 2 Tuesdays, 2 Wednesdays, 2 Thursdays, 2 Fridays, 2
Saturdays and 3 Sundays.
Minimum Weekly Rest: 48 hours
Night Tours: Night 9.15pm to 7.15am (10 hours)/(7 tours)
Night (1) 5pm to 3am (10 hours)/(2 tours)
(Total No. of hours on night tours 90 hours)
Late Tours: Late 2.30pm to 10.30pm (8 hours)/(9 tours)
(Total No. of hours on late tours 72 hours)
Early Tours: Early 7am to 3pm (8 hours)/(7 tours)
Early (1) 10am to 6pm (8 hours)/(2 tours)
(Total No. of hours on early tours 72 hours)
Sundays: Three Sundays 2 of 8 hour and 1 of 10 duration over six week period.
(26 hours Sunday allowance)
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All rosters considered can be downloaded from the AGSI Website at
http://www.agsi.ie/members/downloads by members who have user names and passwords
– apply on the home page. The six-unit joint staff proposal is reproduced at Appendix 1 in
this booklet along with the management proposed ‘reverse country’ roster at Appendix 2.
The AGSI representatives on the staff group are General Secretary Joe Dirwan, VicePresident Padraic Dolan, Hon. Sec. Michael Gallagher and executive member Eddie Murphy,
supplemented by other members of the executive as needed.
After a period for consideration, management responded to the Westmanstown Roster with
a detailed critique, a critique that was in turn examined by the staff group and found to be
extremely wanting. The detailed response from the staff side was as follows:
1. The resource allocation as provided for in the Westmanstown roster is based on
management ‘research’.
2. The Westmanstown roster provides for four units working daily, Monday to Saturday
inclusive, and three units working on Sundays. The fourth unit working Monday
through to Saturday works at the identified peak times. This meets the requirements
of the Croke Park agreement.
3. Management relied on CAD data to measure demand in the DMR. This facility is not
available outside the DMR.
4. PULSE solely relates to incidents which have been reported and not to Garda activity.
Management appear to rely on data from PULSE in the presentation of the 26 th
September. This only gives a partial view of Garda demand.
5. Management relied on ‘additional non-recorded information’ in their critique. The
working group cannot see how such information can be relied upon?
6. It is unclear as to why Enniscorthy District was selected for the application of the sixweek roster. There is insufficient data available to allow for a proper analysis of the
application of the Six Unit Roster in this District.
7. Management have accepted that the six-unit roster is EWTD compliant.
8. The six-unit roster meets the requirements of the Croke Park agreement. There may
be slight variations depending on the final implementation.
9. The management response was primarily made of graphical representations with no
narrative. It is thus difficult for this group to critique properly.
10. The visual aids used to indicate the ‘Peaks and valleys’ in both demand and
resources, did not represent the true potential of the Westmanstown roster to meet
demand.
11. The sample for demand appears to be one week taken in isolation. This cannot give a
true representation of ongoing demand patterns.
Fatigue and Risk:
1. Dr Coogan was of the opinion that the tool used is open to question. This tool was
analysed* and was found to show ‘only weak associations’ between indices and
actual rates of accidents, fatigue and sleep problems. To base any decisions solely on
this model is to display a lack of understanding about how such models work and
how they are validated.
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2. The Fatigue and Risk Index is not part of a risk assessment mandatory by statute for
shift workers.
3. The Fatigue and Risk Index was not applied to the management proposal (‘reverse
country roster’).
4. The Westmanstown roster scored better than the DMR ‘three relief’ and ‘Country
Roster’ when the fatigue index was applied.
(*Greubel, Nachreiner, Dittmar, Wirtz and Schomann, Chronobiology International
2010, 27:1149-1158)
In summation, it was the unanimous view of the working group that the roster developed at
Westmanstown meets all the requirements of the EWTD, Health and Safety issues,
members’ welfare, management demand/supply requirements and the Croke Park
agreement.
There was unanimous agreement from the four Staff Associations that:
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Management have failed to respond to the questions raised by the Associations on
the 20th June 2011.
Management have made no attempt to negotiate the roster as proposed from
Westmanstown. The information to the Westmanstown Group was that
management would negotiate on a proposal from Westmanstown, should a proposal
come from the group. The Westmanstown roster is such a proposal.
On the 26th September, management presented a critique of the Westmanstown
roster, without alternatives or solutions proposed to correct the alleged flaws.
If there are defects in the Westmanstown roster they should be clearly outlined. The
critique of the 26th September was not adequate in this regard.
The Staff Associations are ready to negotiate and negotiations should start
immediately.
Management must negotiate on a Working Time agreement.
The organisation is downsizing to 13,000. The original research in the Accenture
report was completed on an organisation of 15,000 personnel.
The new roster must be supported by technology.
What is the response of the Attorney General to the letters of the 18 th and 28th June
2011? A response needs to be provided urgently.
There was unanimous agreement from the working group that it was imperative that the
following issues must be clarified as a matter of urgency:
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It must be clarified whether management accept the six-unit proposal as the basis
for discussion.
Garda management must inform the group on their proposals in respect of the
EWTD, and whether derogations are to be sought?
What are the issues with the Westmanstown proposal from management’s point of
view? These must be clearly set out and negotiated.
Are management going to meaningfully negotiate on the proposed Westmanstown
roster, with a view to making that roster fit the organisation?
Are 12 hour shifts acceptable?
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The Accenture report 1.4 (3) recommended that we review existing policies in
conjunction with the Staff Associations in light of the EWTD provisions and make
changes where necessary. What is the current position in relation to this
recommendation?
The Accenture report 1.6 recommended a review of resource allocation data analysis
capability. What is the current position in relation to this recommendation?
To conclude, it is the unanimous position of the Working group that the Westmanstown
Roster is a document for negotiation, this is based on assurances received by the working
group from Garda management during the construction of the roster.
The group is mindful of commitments given by all parties under the Croke Park agreement
and it is imperative that constructive negotiations commence as a matter of urgency to
finalise an agreed roster and a working time agreement. To this end they believe that it is an
urgent requirement that Garda management present their position in meaningful
negotiations forthwith. Otherwise, a valuable opportunity to reach a mutually acceptable
solution to the roster issue could be missed.
The AGSI Proposal
Although it was not selected at the Westmanstown working group as the staff side
preferred roster to be put to management, it is appropriate to set out here a summary of
the terms of the AGSI Five-unit x five week roster, which is downloadable from the AGSI
website.
In our presentation to the Westmanstown working group we pointed out that it met the
requirements of Croke Park and the Transformation Agenda in that it maximised resources
at time of maximum need. It also complied with the requirements of the Garda
Inspectorate, the EWTD and the need of the garda organisation for change.
To prepare the roster, AGSI had in addition reviewed rostering arrangements in other police
services, had consulted with acknowledged experts and had taken on board the views and
concerns expressed at the Westmanstown group. The proposal would be a ‘best fit’ for the
garda organisation, it would meet the needs of community in supply and demand terms, it
would contain a work/life balance and it would take health and safety concerns on board.
For our members the proposal would provide certainty, predictable rest day patterns,
work/life balance, minimise impact on earnings, compress the working week, minimise
fatigue and have a beneficial supervisory management impact.
The AGSI roster would enable service delivery 24/7/365, would match peak demand with
supply, provide a core and non-core roster, produce a maximum four successive nights and
four successive similar duties, produce a maximum rostered tour length of 10 hours and a
minimum rostered tour length of 8 hours, provide a maximum of two rostered rest days
between shifts, would be manageable, administration-friendly and ICT compatible.
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Rosters at the Garda Sectoral Implementation Body
At the most recent meeting of the Body, on 1st November, the chairman of the Partnership
Committee A/C Fanning gave an overview in relation to rosters and recent advice from the Attorney
General on the impact of the European Working Time Directive and the implications for the Garda
Síochána. A request for tender (RFT) for an information technology system to support the
introduction of new rosters has been advertised in the European Journal that day and a response is
likely in six (6) weeks. It is too early to say at this stage if legislative changes are required to meet
the requirements of the Organisation of the Working Time Act 1997. He also accepted that there
would be a national roll out of a pilot in relation to the rosters and the Westmanstown rosters
proposals are the basis for discussion on rosters. The staff associations highlighted the difficulties
with rosters, the impact it will have on the working lives of our members and that we are
constructively engaged in discussions which resumed with management last week. All sides are
trying to reach consensus on a working time agreement which will underpin new rostering
proposals. No date was set for the national roll out and the chairman of the Partnership Committee
will brief the chairman of the Implementation Body, Mr Fitzpatrick, every three weeks on progress.
Some issues were identified which will be sent to the Attorney General for clarification and the
official side undertook to make available to the Body copies of the seven interim working party
reports emanating to date from engagement by the parties in Westmanstown.
The Organisation of Working Time Act, 1997 (OWTA)
(AGSI Note: This information is reproduced from a booklet produced by the Department of
Enterprise, Trade and Employment. There are question marks over the blanket exclusion of
members of An Gharda Síochána from the terms of the OWTA, as stated below, arising from
judgements of the European Court and the EU Working Time Directive (WTD). The Attorney
General has since confirmed that the garda organisation must become compliant with the WTD.)
General
The Organisation of Working Time Act sets out statutory rights for employees in respect of
rest, maximum working time and holidays. These new rights apply either by law as set out in
the Act, in regulations made under the Act or through legally binding collective agreements.
These agreements may vary the times at which rest is taken or vary the averaging period
over which weekly working time is calculated. You are not covered by the rest and
maximum working time rules if you are a member of the Defence Forces, the Garda
Síochána, if you control your own working hours or if you are a family employee working on
a farm or private house. Otherwise, if you are an employee, you are generally covered by
the following rest and maximum working time entitlements.
Maximum Weekly Working Time
From 1st March 1998 the new maximum average working week is 48 hours. Averaging may
be balanced out over a 4, 6 or 12 month period depending on the circumstances. The
provision relating to the 48 hour week operates as follows:
48 hour net maximum working week can be averaged according to the following rules:• For employees generally - 4 months
• For employees where work is subject to seasonality, a foreseeable surge in activity or
where employees are directly involved in ensuring continuity of service or production - 6
months
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• For all employees who enter into a collective agreement with their employers which is
approved by the Labour Court - 12 months
Rest
From 1st March 1998 every employee has a general entitlement to:
• 11 consecutive hours daily rest per 24 hour period
• one period of 24 hours rest per week preceded by a daily rest period (11 hours)
• Rest breaks - 15 minutes where up to 4½ hours have been worked; 30 minutes where up
to 6 hours have been worked which may include the first break.
• Shop Employees whose hours of work include the hours 11.30am - 2.30pm must after 6
hours work be allowed a break of one hour which must commence between the hours
11.30am - 2.30pm. These rest breaks and intervals may be varied if there is a collective
agreement in place approved by the Labour Court or if a regulation has been made for your
sector. If there are variations in rest times and rest intervals under agreement or in the
permitted sectors, equivalent compensatory rest must be available to the employee.
Night Workers
Night time is the period between midnight and 7 a.m. the following day.
Night workers are employees who normally work at least 3 hours of their daily working time
during night time and the annual number of hours worked at night equals or exceeds 50% of
annual working time.
Maximum Night Working Time From 1st March 1998
• for night workers generally - 48 hours per week averaged over 2 months or a longer period
specified in a collective agreement which must be approved by the Labour Court.
• for night workers whose work involved special hazards or heavy physical or mental strain –
an absolute limit of 8 hours in a 24 hour period during which they perform night work.
Definitions, Exceptions and Other Features of the Working Time Act
Working time is net working time i.e. exclusive of breaks, on call or stand-by time.
Exceptional or Unforeseeable Circumstances: The Act permits exemption from the rest
provisions if there are exceptional, unusual and unforeseeable circumstances. Equivalent
compensatory rest must be taken within a reasonable period of time.
Shift and Split Shift Working: The Act provides for automatic exemption from the rest
provisions for shift workers when they change shift and for workers on split shifts.
Equivalent compensatory rest must be taken within a reasonable period of time.
Exemption by Regulation: Categories of employees in the sectors set out in the
Organisation of Working Time (Exemption) Regulations may, subject to receiving equivalent
compensatory rest, be exempted from the rest provisions of the Act. The regulation S.I. 52
of 1998 Exemption of Civil Protection Services) provide exemptions from the rest and
maximum working week provisions of the Act without a requirement for equivalent
compensatory rest.
Exemption by Collective Agreement: Any sector or business may be exempted from the
statutory rest times by collective agreement, subject to equivalent compensatory rest being
made available to the employee. Collective agreements to vary the rest times may be drawn
up between management and a trade union or other representative staff body in any
business, organisation or enterprise and must be registered with the Labour Court.
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Some of the exemptions above are subject to equivalent compensatory rest being made
available to the employee. This means that, although employers may operate a flexible
system of working, employees must not lose out on rest. In these circumstances rest may be
postponed temporarily and taken within a reasonable period of time. A list of the sectors
exempted by regulation and guidelines on equivalent compensatory rest can be found in a
code of practice on compensatory rest produced by the Labour Relations Commission.
Holidays
Holiday pay is earned against time worked. All employees, full-time, part-time, temporary or
casual earn holiday entitlements from the time work is commenced. Depending on time
worked, employees’ holiday entitlements should be calculated by one of the following
methods:(a)
4 working weeks in a leave year in which the employee works at least 1,365 hours
(unless it is a leave year in which he or she changes employment).
(b)
1/3 of a working week per calendar month that the employee works at least 117
hours.
(c)
8% of the hours an employee works in a leave year (but subject to a maximum of 4
working weeks).
For further information see Department of Jobs, Enterprise and Innovation explanatory
booklet on Holidays and Public Holidays. Copy available on request, or on Department
website at www.entemp.ie.
Public Holidays
The Organisation of Working Time Act provides the following nine public holidays:
a) Christmas Day,
b) St. Stephen’s Day,
c) St. Patrick’s Day,
d) Easter Monday, the first Monday in May, the first
Monday in June and the first Monday in August,
e) the last Monday in October,
f) the 1st of January.
In respect of each public holiday, an employee is entitled to either:
(a) a paid day off on the holiday or
(b) a paid day off within a month or
(c) an extra day’s annual leave or
(d) an extra day’s pay as the employer may decide.
If the public holiday falls on a day on which the employee normally works, the employee is
entitled to a paid day off for the day.
If the public holiday falls on a day on which the employee does not normally work, the
employee is entitled to one fifth of his/her normal weekly wage for the day or to either (b)
or (c) above as the employer may decide.
If the employee is asked to work on the public holiday, the employee is entitled to (b) (c) or
(d) above as the employer may decide.
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There is no service requirement in respect of public holidays for whole time employees. Part
time employees qualify for public holidays entitlement provided they have worked at least
40 hours during the five weeks ending on the day before a public holiday.
(Note this Act refers to “public holidays” not “bank holidays”. Not every official bank holiday
is a public holiday though in practice most of them coincide).
Sunday Premium
If not already included in the rate of pay, employees are entitled to supplementary payment
for Sunday which will be equivalent to the closest applicable collective agreement which
applies to the same or similar employment and which provides for a Sunday premium.
The premium can be in the form of:
• added payment
• time off in lieu
• a portion of shift premium
• unsocial hours premium.
Zero Hours
This feature of the legislation covers situations where, for example, an employee is sent
home if things are quiet or is requested to be available for work and is not, on the day asked
to work. Where an employee suffers a loss by not working hours he/she was requested to
work or be available to work, the zero hours provisions of the Act ensure that he/she is
compensated for 25% of the time which he/she is required to be available or 15 hours
whichever is the lesser.
e.g. If an employee’s contract of employment operates to require the employee to be
available for 48 hours in a week, he/she will be entitled to a minimum payment of 12 hours
even if not required to work that week. Or if an employee is asked to be available to work
8 hours and is not called into work he/she will be entitled to a minimum payment of 2
hours.
Records
Employers are obliged to keep records of holidays and public holidays for a period of 3
years. These records must be available for inspection by Labour Inspectors of the
Department of Enterprise, Trade and Employment. Records should also be maintained to
show as evidence in the event of a Rights Commissioner or Labour Court investigation of an
employee’s complaint.
Penalties
A person found guilty of offences relating to failure to keep records, double employment,
obstruction of inspectors or non-compliance with regulations outworkers may face fines of
up to E1,904.61 (£1,500) and an extra E634.87 (£500) a day for a continuing offence.
Employers may face compensation claims for amounts up to 2 years of an employee’s salary
for breaches of other provisions of the Act. Such amounts may be determined by the Rights
Commissioner and the Labour Court.
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Average Working Week and Double Employment
In accordance with the Organisation of Working Time Act, 1997 an employer may not
employ an employee to do any work in a relevant period during which the employee has
done work for another employer except where the aggregate of the periods does not
exceed the maximum working week of 48 hours as an average over that period. In effect
this means that where an employee works for more than one employer the average working
week of 48 hours cannot be exceeded.
Whenever an employer employs an individual in contravention of the above both the
employer and the employee shall each be guilty of an offence. Time working in a selfemployed capacity generally does not apply when calculating the maximum working week.
There are exceptions to this in respect of some drivers covered by Transport Regulations. It
is possible that there may be restrictions in relation to certain professions, outside the remit
of the Organisation of Working Time Act 1997, which may limit time their members may
engage in work whether employment, self-employment or volunteer time.
Companies may also agree contractual limits for time worked in respect of their employees.
A person found guilty of an offence under the Organisation of Working Time Act 1997 shall
be liable on summary conviction to a fine not exceeding €4,000. Persons performing mobile
road transport activities as defined in Directive 2002/15/EC3 of the European Parliament
and of the Council of 11 March 2002 are governed by Road Transport Regulations.
Proceedings for an offence under section 8 of the Organisation of Working Time Act, 1997
or a further offence, in relation to such an offence under subsection (3) may be brought and
prosecuted by the Minister. A complaint can be made to NERA Inspection Services
by logging on to www.employmentrights.ie/aboutNERA/Inspection/Inspection Services
Complaint Form.
List of Regulations
The following is a list of regulations made under the Organisation of Working Time Act,
1997. Copies of these regulations may be obtained from the Government Publications
Office, Molesworth St., Dublin 2, Tel: (01) 679 3515:
1. Organisation of Working Time Act, 1997 (Commencement) Order, 1997-S.I. No.392 of
1997.
2. Organisation of Working Time (Determination of Pay for Holidays) Regulations, 1997-S.I.
No.475 of 1997.
3. Organisation of Working Time (Inclusion of Transport Activities) Regulations, 2004-S.I.
No.18 of 2004
4. Organisation of Working Time (General Exemptions) Regulations, 1998 - S.I. No. 21 of
1998.
5. Organisation of Working Time (Code of Practice on Compensatory Rest and Related
Matters) (Declaration) Order, 1998 - S.I. No. 44 of 1998.
6. Term of Employment (Additional Information) Order, 1998 - S.I. No. 49 of 1998 (This
Order was made under the Terms of Employment (Information) Act, 1994 but is relevant to
Organisation of working Time Act, 1997).
7. Organisation of Working Time (Exemption of Civil Protection Services) Regulations, 1998 S.I. No. 52 of 1998.
8. Organisation of Working Tune (Breaks at Work for Shop Employees) Regulations, 1998 S.I. No. 57 of 1998.
15
9. Organisation of Working Time (Code of Practice on Sunday Working in the Retail Trade
and Related Matters) (Declaration) Order, 1998 - S.I. No. 444 of 1998.
10. Organisation of Working Time (Public Holiday) (Regulations, 1999 - S.I. No. 10 of 1999.
11. Safety, Health and Welfare at Work (Night work and Shift Work) Regulations, 2000 - S.I.
No. 11 of 2000. (These Regulations were made under the Safety, Health and Welfare at
Work Act, 1989 but are relevant to Organisation of Working Time Act, 1997).
12. Organisation of Working Time (National Day of Mourning) Regulations 2001- S.I.No.419
of 2001.
13. Organisation of Working Time (Records) Prescribed Form and Exemptions) Regulations,
2001 - S.I. No. 473 of 2001.
14. Organisation of Working (Inclusion of offshore work) Regulation 2004- S.I. no 819 of
2004
Complaints and Enquiries
Complaints about any breaches of the Act or collective agreements made under the Act,
may be referred to a Rights Commissioner, Tom Johnson House, Haddington Road, Dublin 4,
tel: 01 - 6136700 or 1890 220 227 (locall if outside 01 area), or to a Labour Inspector,
Department of Jobs, Enterprise and innovation, Davitt House, 65A Adelaide Road, Dublin 2,
tel: 01 - 631 2121 or locall 1890 220 222 (locall if outside 01 area).
For further information or complaint forms in connection with The Organisation of Working
Time Act please contact the National Employment Rights Authority (NERA), locall 1890 80 80
90, www.employmentrights.ie.
Impact of the Working Time Directive (WTD) on An Garda Síochána
A management study of the European Working Time Directive found the following
implications for An Garda Síochána:
Article 3 - Daily Rest
 Requirement - each worker is entitled to a minimum daily rest period of 11
consecutive hours per 24-hour period
The current three-relief system does not offer workers their entitlements under the
provisions. Examples were found across the organisation in Regular units and Specialist units
of daily rest periods of less than 11 hours in a 24-hour period. For example a member
working the 'Late' shift from 2pm to 10pm on one day, followed by the 'Early' shift from
6am to 2pm the next day only allows for a maximum eight hour rest break, which is below
the stated 11
hours recommended. It should be noted that, under Article 17(4) of the 2003 Directive,
derogations may be made from this provision for those on shift work activities, "when the
worker changes shift and cannot take daily and/or weekly rest periods between the end of
one shift and the start of the next one".
Article 4 – Breaks
 Requirement - where the working day is longer than six hours, workers are entitled
to a rest break, as agreed by the organisation
16
An Garda Síochána addresses the provisions under this Article; opportunities are provided
for workers to avail of a break during the working shift.
Article 5 - Weekly rest period:
 Requirement - Per seven-day period, each worker is entitled to a minimum
uninterrupted rest period of 24 hours, plus 11 hours daily rest
Article 16 of the 2003 Directive states that the reference period for Article 5 (weekly rest
period) must not exceed 14 days. The current three-relief system does not offer workers
their entitlements under the provisions; examples were found across the organisation of
weekly rest periods of less than 24 hours, for example where employees work for seven
consecutive days of 'Night' shifts.
It should be noted that, under Article 17(4) of the 2003 Directive, derogations may be made
from this provision for those on shift work activities, "when the worker changes shift and
cannot take daily and/or weekly rest periods between the end of one shift and the start of
the next one".
Article 6 - Maximum weekly working time
 Requirement - the average working time for each seven-day period, including
overtime, does not exceed 48 hours.
Article 16 of the Directive states that the average hours worked should be calculated over a
4 month period. Overtime is not counted towards the maximum week working time when
the circumstances are considered exceptional. Periods of annual leave and sick leave should
not be included in the calculation of the average.
The current three-relief system in An Garda Síochána was found not to offer workers their
entitlements under the provisions; examples were found of the average working time and
overtime being greater than 48 hours per 7-day period, for example where employees work
one week of seven nights at 56 hours.
Article 6(2) of the 2003 Directive precludes National legislation which permits the 48 hour
maximum working week period to be exceeded, and may be relied upon by individuals
before National Court. However exemptions may be applied - to be excluded from this
provision, a worker must give his free and express consent for his weekly working time to be
extended beyond 48 hours, as was the finding of the European Court of Justice in the case of
Pfeiffer and Others v Deutsches Rotes Kreuz (German Red Cross)22. An opt-out waiver may
be signed by individuals to work more than the 48 hours average over a seven day period23.
Article 7 - Annual leave
 Requirement- workers are entitled to paid annual leave of at least four weeks
The current resource allocation arrangements provide workers with the minimum paid
annual leave entitlements.
Notably, the Court of Justice of the European Communities interprets the entitlement to
paid annual leave as being made available to those on sick leave, and that a worker should
not lose his/her right to paid annual leave which he has been unable to exercise because of
sickness: "the Court concludes that the right to paid annual leave is not to be extinguished at
17
the end of the leave year and/or of a carry-over period laid down by national law where the
worker has been on sick leave for the whole or part of the leave year and where his
incapacity to work has persisted until the end of his employment relationship, this being the
reason why he could not exercise his right to paid annual leave.”24
A review of the organisation's sick absence management processes by Garda HRM, Civilian
HRM and Accenture in 2009 identified trends in the number of individuals leaving the
employment of An Garda Síochána due to long-term ill health25. Under the provisions of the
Directive, such individuals are entitled to compensation for the loss of annual leave during
sick absence. This provision is relevant when considering the impact on the Garda
organisation of individuals retiring on age grounds, medical grounds, v and dismissal.
Articles 8-13 - Night Workers and Shift Workers
 Requirement - measures shall be taken by the Member State to ensure that shift
workers have safety and health protection appropriate to their work; Member States
shall take the measures necessary to ensure that an employer who intends to
organise work according to a certain pattern takes account of the general principle
of adapting work to the workers to alleviate monotonous work and work at a
predetermined rate, depending on the type of activity, and of safety and health
requirements, especially as regards breaks during working time.
Under the current resource allocation arrangements, individuals working the three-relief in
An Garda Síochána fall under the category of shift-worker in the Directive. 'Shift-work' is
defined in the 2003 Directive, under Article 2(5), as meaning "any method of organising
work in shifts whereby workers succeed each other at the same work stations according to a
certain pattern, including a rotating pattern, and which may be continuous or discontinuous,
entailing the need for workers to work at different times over a given period of days or
weeks".
There were no examples of night-workers in the organisation, as defined by the Directive
(Article 2.4).
Assessment of existing work arrangements indicates that the Garda organisation addresses
the provisions with the Directive with respect to the conditions of employment for shiftworkers.
Article 22 - Miscellaneous provisions (Record of working time)
 Requirement - the employer keeps up-to-date records of all workers; records are
placed at the disposal of the competent authorities, which may, for reasons
connected with the safety and/or health of workers, prohibit or restrict the
possibility of exceeding the maximum weekly working hours.
An Garda Síochána currently record attendance and absence for both sworn members and
civilian staff using a combination of manual systems (e.g. Station Diary; Register of
Attendance; Form A85; Sick Forms S2, D5 and D15; Overtime Form and Leave Sheet) and
computerised systems (e.g. PeopleSoft HR system, Core Pay, GRIPS, and Oracle).
18
Technology systems are used to allocate and deploy Garda resources based on demand (e.g.
emergency calls) and supply levels (e.g. station strength). Such systems include the Garda
Establishment Redistribution Model (GERM), the Computer Aided Dispatch (CAD) system
managed by Command & Control, the PULSE system, and weekly and monthly crime
analytics reports dispensed from the Garda Analysis Service).
With regard to this provision in the Directive, An Garda Síochána addresses provisions in the
2003 Directive.
22 Pfeiffer and Other v Deutsches Riotes Kreuz, C397/01 - C-403/01
23 Article 22, European Working Time Directive 2003/88/EC
24 Judgement of the Court of Justice in Joined Cases C350/06 and C-520/06
25 Review of An Garda Sick Absence Processes, Accenture, September 2009
Other Croke Park issues
Civilianisation
Civilianisation Working Group
The Civilianisation Working Group established under the Croke Park Agreement and
consisting of representatives from the staff associations and garda management continues
to meet on a regular basis and has concentrated on four main areas for further possible
civilianisation – the Garda Central Vetting Unit (GCVU), the Emergency Call Answering
Service (ECAS) and its allied services Command and Control and divisional control rooms,
and the possibility of Public Counter Assistants to assist gardaí in dealing with the public in
public offices and the Garda National Immigration Bureau (GNIB). In another area, while
agreement has been reached on the Information and Communications Technology (ICT)
brief, an outstanding issue is funding which must be approved by Government. The human
relations issues of ICT, including civilianisation, have not yet been finalised. The working
group has been told that the ICT Strategy is still being worked on, but AGSI insists that these
issues must be brought back to the working group for finalisation.
The AGSI representatives on the working party are executive members Brian O’Dea and
John Jacob with General Secretary Joe Dirwan and Deputy General Secretary John
Redmond.
Garda Central Vetting Unit (GCVU)
AGSI continues to reflect the interests of its members attached to the Vetting Unit in
Thurles and to insist that the levels of garda supervision be maintained. The requirement for
300 extra civilian personnel in GCVU, which is supported by this association, is tied up with
the Government’s Employee Control Framework (ECF) which forbids the employment of
additional staff in the public service unless under strictly controlled conditions – the Garda
Síochána already exceeds the numbers set out in that framework. It is now a matter for
Government to allow further recruitment of civilians and it is possible that a derogation
19
from the ECF will be sought when additional personnel become available from other
sections of the public service as an ongoing result of Croke Park.
ECAS
Divisional control rooms are being examined in the context of the Emergency Call Answering
System (ECAS) and the use of civilians in a role similar to that at Command and Control in
the DMR. The association is adamant that the only suitable role of civilians in this area is as
call takers and that the dispatch area must continue to be staffed by garda members. Again
management has been asked to submit their full proposals which will be examined by AGSI
and a reply formulated.
Public Office Assistants
Agreement has been reached in principle on a pilot scheme involving the possible use of
civilians as Public Office Assistants to augment garda members. Again management has
been asked to forward concrete proposals on the role the assistants will carry out; these will
be examined and a response formulated.
Civilianisation at GNIB
In a potentially serious development, the association has become aware of a clear breach of
the Croke Park agreement by management in that a separate working group under the
chairmanship of Assistant Commissioner Byrne has drawn up proposals for a pilot project to
civilianise Garda positions at Dublin Airport, a report has been prepared and that
expressions of interest have been invited from clerical officers and EOs in the Department of
Justice and Equality to apply for these positions.
The association has written to the Commissioner to point out that AGSI is engaged in
Partnership discussions on all aspects of the Transformation Agenda for the Garda Síochána
as part of the Croke Park Agreement and yet there have been no discussions with this
association in relation to these proposals.
“This is a serious breach of the Croke Park Agreement and the directive inviting expressions
of interest should be withdrawn until discussions take place,” General Secretary Joe Dirwan
told the Commissioner, adding that the association will be raising the matter at the Garda
Sectoral Implementation Body meeting on Tuesday 1st of November 2011.”All discussions in
relation to civilianisation must take place under the auspices of Partnership Committee. I
would respectfully ask why this did not happen in this case,” concluded the General
Secretary.
The General Secretary subsequently raised the matter at the Garda Sectoral Implementation
Body on Tuesday, 1st November, pointing out that it was a serious issue of a breach of the
agreement by management in relation to the civilianisation of the Immigration Unit at Dublin airport
as the matter had not been progressed through the agreed mechanism of the Croke Park
Agreement. Following lengthy bi-lateral meetings between the parties, the official side undertook to
abide by the agreement and accepted that all issues in relation to the transformation agenda,
including the above, must be dealt with through Partnership.
20
The development in relation to Dublin Airport is all the more disturbing because the
association has been engaging positively in the Civilianisation Working Group. A great deal
of issues, legal and otherwise, remain to be clarified in relation to the passport processing
booths at the airport, among them the levels of garda supervision, the understaffing
thereof, and the relative powers of civilians and gardaí in relation to permission to land and
refusal to land. The preparation of a report, and the failure of management to process it
through the civilianisation working group, raises serious questions about the credibility of
the management approach to the Croke Park negotiations.
The association has asked management to set out their proposals for GNIB in full following
which a full and objective analysis will be carried out and then the association will submit a
reply. The management detailed proposals are awaited but in the meantime it must be
made clear that there is no agreement to civilianise the garda passport control booths and
the association will strongly object to any proposed compulsory transfers or displacements
in this area. The association has also sought all management reports in relation to GNIB.
Reporting Structures
AGSI is adamant that reporting structures were agreed in 2008 and that these continue in
force. At the most recent meeting of the Garda Sectoral Implementation Group on 1st
November the chairman of Partnership, AC Fanning, updated the meeting on the reporting
structures and stated that both sides will meet bi-laterally with him shortly. The staff side reiterated
that the agreement of August 2008 is their position.
Performance Management (PALF)
Work is continuing. An IT model is being developed to support the working of the
Performance Accountability Learning Framework (PALF). A pilot will be run in January 2012
in a few selected districts. At the most recent meeting of the Garda Sectoral
Implementation Group on 1st November the chairman of the working group on Performance
Management (PALF), A/C Twomey, briefed the meeting on the update in relation to PALF
and said that recently a draft policy document was circulated to the staff associations.
Responses will be evaluated and the working group, with staff involvement, will be
reconvening early next week. The time-line for the introduction of the pilot is set for the 1st
quarter in 2012 - there are some difficulties which hopefully can be overcome before the
introduction of the pilot.
Training Report
Meetings are taking place between the staff associations and management at the Garda
College.
Electronic Funds Transfer (EFT).
This issue is fully agreed.
21
Howlin rejects appeal for extension of February 2012
deadline
Brendan Howlin, Minister for Public Expenditure and Reform, has rejected an appeal by
AGSI for an extension of the "grace period" beyond 29 February 2012 for retirement of
public servants on 2009 salary rates.
The association had originally written to Michael Noonan T.D., Minister for Finance pointing
out that an internal garda study had disclosed a potential 1,200 retirements from An Gharda
Síochána between now and the end of February, 2012. “We are deeply concerned at the
effects 1,200 retirements will have on the force, the vast majority of these will be of the
more mature and experienced members and their departure will deprive the garda
organisation of a huge pool of knowledge and expertise. Their departure will also add to the
already intolerable burden on members who continue to serve because the additional
workload will devolve onto their shoulders,” General Secretary Joe Dirwan pointed out.
“We ask the Government to extend the deadline of the end of February, 2012, for members
to retire on pension and gratuity based on 2009 income, to remove the pressure on relevant
members to retire. These members have spent a lifetime in the service of the state, and on
many occasions have placed their lives on the line to preserve the peace.
“We are of course aware of the condition of the country’s finances, but we feel that
extending this deadline by one year will not further endanger the position of the country
but will give the relevant members more time to prepare to retire and more time to the
garda organisation to skill up and intensify training of those who will have to pick up the
additional responsibilities,” the general secretary concluded.
Howlin’s reply
In his reply Mr Howlin said that, as Minister for Public Expenditure and Reform the issue of
terms and conditions including pension provisions for public servants came within his and
the AGSI correspondence had been forwarded to him for direct reply.
“At the outset I understand the serious concerns you have expressed in relation to the
potential impact on the police force of a large number of your more experienced members
choosing to avail of the "grace period" and opting to retire on their 2009 salary rates by 29
February 2012,” said the Minister. “The EU/IMF Programme for Financial Support for
Ireland which was agreed in December 2010 by the previous Government included
sovereign commitments to very significant reductions in government current expenditure
over the period of the agreement. More particularly, it provided for a considerable further
reduction in the cost of the Exchequer pay bill to be achieved primarily through a reduction
in numbers of public servants. The Agreement requires a pay saving of €1.2bn by 2014 and
this commitment will be achieved through significant reductions in public service numbers
in line with the numbers reductions targets set out in the Programme for Government.
22
“In the Programme for Government we have set down targets to further reduce the number
of public servants by between 18,000 and 21,000 by 2014, compared to the total number at
the end of 2010, and by a further 4,000 by 2015. These targets provide an immense
challenge to us as a country and people but our policy options, given the fiscal restraints
which the Government is currently operating under, are extremely limited. You will
appreciate that in this context, it is not possible to extend the deadline for retirements on
2009 pay rates for your members beyond 29 February next. To do so would impact
negatively on the required reductions in the exchequer pay bill in 2012 through a reduction
in the number of public servants retiring. This would have to be offset by additional
spending reduction measures in a year when the magnitude of spending reductions
required to meet the fiscal deficit target set under the EU/IMF Programme already
represents a considerable challenge for the Government.
“The impact of the reductions required on the Exchequer pay bill which will be met by a
reduction in the number of public servants will impact on all sectors of the public service
and undoubtedly will require significant changes in how the public service works and
delivers the services required to our citizens. The position of the Government is clear in this
regard. Following the publication of the Report on the Implementation of the Public Service
Agreement the Government has reaffirmed the key commitments under the Public Service
Agreement 2010-2014 on pay rates and job security for serving public servants. These
commitments are contingent on delivery of the necessary flexibilities and reforms to public
service delivery that are required under the Agreement.
“The Implementation Body in its report published in June confirmed that sustainable savings
were being generated under the Agreement and that pay bill savings in the order of E289m
had been achieved in the first reporting period and these savings had exceeded target. The
most recent review under EU/IMF Programme of Financial Support indicated that the
progress by the Government in implementing the agreed programme including measures
designed to reduce the exchequer pay and pension bill is on track and consistent with the
requirement to address the continuing very large deficit in the public finances.
“While I very much share the view expressed by the Implementation Body that the
Government's programme for numbers reductions in the public service and the
development of an accelerated public service reform agenda will present significant
challenges into the future, the public service and those working within it can and will meet
the challenges ahead. I look forward to the continued support of you and your association in
this process.”
Brendan Howlin, Minister for Public Expenditure and Reform.
Negotiations with Revenue Commissioners on possible taxation of some
allowances
Discussions have been ongoing with the Revenue Commissioners for some time regarding
their proposal to impose tax on some garda allowances. AGSI takes the strong view that
these allowances have not historically been taxed, that they were negotiated on a non-taxable
23
basis and that therefore, if they are subject to tax, the allowances must be grossed up to
compensate.
There is a precedent for the AGSI position in that the allowance paid to the Garda Reserve
was grossed up to take account of taxation.
Contrary to media speculation most allowances paid to gardaí are already taxed and there are
five that are the subject of the recent negotiations: Plain Clothes Allowance; Detective
Allowance; JLO/ CPO Allowance; Uniform Allowance; Boot Allowance:
We have been involved in discussions on this issue with garda management since early 2010
and have, on several occasions, asked that they write directly to every member of the force to
inform them of the situation, and to keep them informed. They have assured us that at the
end of the process our request will be complied with.
Representatives of all the garda associations met Revenue in October and outlined in detail
why these allowances should not be taxed, going into extensive detail on the unique nature
and difficulties contained within the job of being a member of An Gharda Síochána. The
Revenue Commissioners acknowledged the presentations and said that they would examine
the basis of each allowance separately and return with their final decision. If a negative
decision is reached, the tax changes will take place from January 1st next.
In the meantime also the joint associations have lodged a claim at Conciliation Council
seeking to have the allowances grossed up in the event of taxation. An element to be taken
into account also is that, if the allowances are taxed, the question of their calculation for
pension purposes will also arise.
As soon as the decision is known, it will be communicated to the members. It is important to
note also that if the decision is a negative one, AGSI will examine all possible avenues of
appeal. All the associations are treating this issue as vital and urgent and we have
consistently pointed out that members cannot afford what will amount to another pay cut if
taxation is imposed on these allowances.
Garda management have acknowledged to Revenue the ‘Wholly, Necessarily and Exclusive’
rule and the requirements to satisfy each element of the rule. The unique nature of Garda
work, the situations, often extreme, that Gardaí often find themselves on a daily basis in the
course of their employment which is wholly different to any other public servant work
environment in the course of their duty. The impact that Health, Safety & Welfare at work
places on the individual member and the organization in terms of the specific role, the
uniform / clothing required to comply with current legislation.
In relation to specific allowances, the associations have made the following points:
Plain Clothes Allowance:
Members who work in plain clothes, and who carry firearms, must obtain clothes that are
suitable in work situations but which are not suitable for social wear, because of the
firearms, ballistic vest, handcuffs, asp and spray requirements, – and must also reach the
standard as set out in HQ Directives and accompanying booklet. Members must attend
24
crime scenes in all weathers and conditions, attend morgues to view dead bodies and
attend interviews with suspects who may be suffering from infectious diseases and who
may verbally and otherwise attempt to assault the member, including spitting at him/her.
This interaction involves routine and regular fumigating and deep cleaning of the clothing
which shortens its operational life. The range of duties of plain clothes Gardaí range from
detective, Crime Prevention Officers, JLO Officers, PSV, Immigration, court attendance, VIP
Escorts. A very high standard of dress is required, especially in the case of VIP visits.
Immigration officers often have to travel considerable air journeys to foreign lands escorting
deportees. This duty involves long flights, they are not allowed to disembark the
aircraft and have to spend long hours in the same attire. Female members have to be
careful in the choice of work clothes as they must look well but also be capable of
concealing equipment required for daily duty. Investigations and attendance at crime scenes
may require the surrender of clothing or footwear for elimination purposes.
The allowance is not excessive and cognizance must be taken of the cost of purchase and
maintenance.
Detective Allowance
This allowance is to assist detectives in their work, and not a payment for being a detective.
It is used when, for instance, meeting a suspect, a member of the public or a witness, to pay
for a coffee or other refreshments.
Crime Prevention / Community Relations Officer & JLO Allowance.
This is a small weekly allowance to cover incidentals incurred in the performance of duty.
The CPO is expected to represent the divisional and district officers at meetings with the
public, that are not always arranged in conjunction with the roster – resulting in a reduction
of night duty claims. Similarly going on radio to give crime prevention advice to the public
may have to be performed on a rest day, incurring costs that may not always be recoupable.
Members have to have broadband Internet in order to conduct research and be fully
informed of developments in their field, and they also undertake courses for the same
reason, again not recoupable. Many meetings, for a huge range of meetings, must take
place outside garda stations and the members incur expense in paying for refreshments at
those meetings. Members also incur un-recoupable costs in purchasing medals/trophies to
present to young people at special events.
Uniform & Boot Allowance
Members must attend traumatic incidents, RTAs, including fatal accidents and have to deal
with exposure to body fluids, debris, oil etc. In one recent incident a body had been lying for
3 weeks. Exposure to decay, body fluids etc. required fumigation and deep cleaning of the
uniform.
25
Three uniforms are required on a rotational basis and one is always in the laundry being
cleaned. Formal uniform must be maintained in a state of readiness for formal occasions
and court appearances.
Footwear of two distinct types has to be maintained in good condition in the face of adverse
constant use: robust footwear for operational wear and capped shoes for use with the dress
uniform.
To go or not to go?
Over the past few years this has been one of the most frequent questions addressed to AGSI
head office – ‘should I retire or not?’
The decision in fact must always be a personal one, but of course it is always advisable to
take as much good counsel as possible before making such a life-changing and momentous
decision.
The following is intended for illustrative purposes only – every member considering
retirement must look carefully at their own circumstances and make their decisions in their
own best interests. Pension Section in Killarney will provide accurate individual figures for
members who are considering retirement.
Let us look at the options of a member considering such a question as he or she reaches, or
has reached, the age of 50, with 30 years’ service already under the belt. For the purposes
of this exercise we are using the 2009 salary scales which will be used for gratuity and
pension calculation purposes up to 29th February 2012. The member has the option of
serving a further 10 years, should they so wish. We are then comparing it with the situation
which will come into effect after March 1st., 2012.
MEMBER RETIRING BEFORE MARCH 1, 2012
LUMP SUM CALCULATION - ESTIMATE
The lump sum is calculated by adding annual salary with rent allowance (€4018) and
unsocial hours earnings and multiplying by 1.5. No account is taken in these calculations for
any other payment as individual circumstances vary widely. The final sum is less deductions
as set out below.
Assuming the member is on a salary at the top of the basic scale (PRSI B) and also assuming
an annual unsocial hours earning of €12,000, then total annual basic income before tax is:
Sergeants - €67,403; Inspectors €73,261.45.
Therefore the gross lump sums, before deductions, will be:
26
Lump Sum: Sergeant: €101,104; Inspector €109,892.
DEDUCTIONS – ESTIMATE:
If the member decides to retire before the maximum age a compulsory deduction will be
made from their lump sum to cover the remaining years which they could have served. This
is obligatory for all members under the spouses and children (widows and orphans) scheme
and is calculated at 1% per year for each year between the 30 and 40. If a member is
retiring at age 50, a further 10 years of service is available so a total of 10% off pay could be
deducted, amounting to €6,740.30 for a sergeant, €7,326.15 for an inspector. Tax relief is
available at 41% on this sum so the actual deduction is €3,976.78 for sergeants and
€4,322.43 for inspectors.
A further 1.667% is deducted off the element of the lump sum attributable to unsocial
hours. As earnings from unsocial hours vary widely, we are using the notional figure of
€12,000. 1.667% of €12,000 is €200.40. €200.04 x 10 years = €2,000.40. Again tax relief is
available at 41% so the actual deduction is €1180.24.
Therefore total deductions are: Sergeant €5,157.02; Inspector €5,502.67
Final estimated lump sum, if a qualifying member is to retire between now and March 1,
2012:
Sergeant: €95,946,98; Inspector: €104,389.33.
PENSION:
The figures below are calculated by dividing the annual income figure set out above by two
and applying the public service pension levy of 6% (average)(this levy will not apply to
pensions after 1st March 2012 but pensions will be based on salary reductions of 7.5%):
Sergeant: €31,679.41; Inspector €34,432.89
AFTER MARCH 1, 2012
Salaries, including rent allowance and unsocial hours payments, will be reduced by 7.5%,
therefore the new annual fingers will be:
Sergeant: €62,347.77; Inspector €67,766.84
Therefore lump sum, before deductions: Sergeant €93,521.66; Inspector €101,650.26
Deductions
If, as in the previous example, the member decides to retire before the maximum age, the
deductions will be made based on the new salary:
Widows and orphans: €3678.51 for sergeants and €3929.56 for inspectors.
27
1.667% off the new unsocial hours earnings - €11,100 (€12,000 less 7.5%) = €185.04 x 10
years = €1850.40, and taking 41% tax relief into account the actual deduction is €1091.74.
Total deductions: Sergeant €4770.25; Inspector €4,946.56.
Final lump sum after deductions: Sergeant €88,751.41; Inspector €96,703.70.
Pension after March 1st 2012
Sergeant: €31,173.89; Inspector €33,883.42
CONCLUSION
LUMP SUM
Before March 1, 2012
Sergeant: €95,126.82; Inspector: €103,569.17
After March 1, 2012
Sergeant €88,751.41; Inspector €96,703.70
Difference: Sergeant - €6,292.59; Inspector - €6,865.47
PENSION
Before March 1st, 2012
Sergeant: €31,679.41; Inspector €34,432.89
After March 1st, 2012
Sergeants €31,173.89; Inspectors €33,883.42
Difference: Sergeants €505.52; Inspectors €549.47
See next page for an officially-supplied sample calculation for pre and post March 2012
pensions.
28
29
The GRACE project (Garda Response to a Changing
Environment)
AGSI first became aware of this project when speculative articles appeared in the media
early in September about an internal garda study which showed a potential loss to the force
of 1,200 personnel by the end of February, 2012. The association wrote to the
Commissioner pointing out that this association was unaware of the existence of such a
report prior to the media disclosures.
AGSI formally requested a copy of the report which appeared to contain material of direct
relevance to our members - the projected decline in the overall numbers, numbers of
supervisors, and the proposal to close garda stations. We also pointed out that this material
had implications for the Croke Park Agreement between the Government and the staff
associations. We asked the Commissioner to make available any other reports that had
relevance to our members and to Croke Park and also asked him to set a date for a meeting
with AGSI to discuss the contents of the report and its implications.
The Commissioner acknowledged receipt of the correspondence and pointed out that the
Government had decided that the strength of the Garda Síochána, as part of a wider
programme of reductions in public service numbers, was to be reduced to 13,500 by 31st
December 2011 and to 13,000 by the end of 2014, with the reductions to be achieved
through retirements.
“There are currently some 1,200 members who are eligible to voluntarily retire on full
pension,” said the Commissioner. “While it is not expected that all of these will actually
retire, it is incumbent on Garda management to assess the implications of such level of
retirements and to prepare appropriate contingency plans. The document referred to in
your email appears to be research material prepared for the Commissioner as part of this
process, which was subsequently circulated to Assistant Commissioners for their
consideration and report. It is not material which would normally be furnished to the staff
associations and the Commissioner does not propose furnishing the National Executive
of the Association of Garda Sergeants and Inspectors with a copy. Contrary to the assertion
in your email, it contains no proposal for station closures.
“The Commissioner is of the view that specific issues regarding retirements, the Croke Park
Agreement, etc. should be addressed by the Association in the first instance to Assistant
Commissioner, Human Resource Management, and only in the absence of satisfactory
resolution should they be referred to him.”
The association is dismayed by the negative response of the Commissioner to our
reasonable request for a meeting. Contrary to usual practice, this Commissioner has not yet
met the association formally since taking up office
The Commissioner circularised all members of the organisation early in September to
outline the rationale behind the GRACE programme, pointing to the economic crisis and the
need to face further reductions in the Garda budget and to make relevant decisions. GRACE
30
was established to explore and recommend where non-pay costs could be reduced in 2011
and where longer term efficiencies and savings could be made for the financial years
commencing 2012.
The Commissioner added that by consulting and engaging with people both inside and
outside our organisation the GRACE programme would:
 Determine savings to remain within budget for 2011 and have a cost neutral position
for 2012.
 Identify where the garda organisation could work with other agencies to build and
implement change across the public service to achieve further savings.
He added that the people working on delivering these results are drawn from every part of
the organisation covering the Operational, Strategic and Administrative elements and
including gardaí from urban and rural locations and from uniform, detective and specialist
sections.
The Commissioner however has ignored the representative associations in this consultative
process.
31
Garda Inspectorate Status Implementation Updates
The Garda Inspectorate released the progress updates on the implementation of
recommendations from its reports 2, 3, 4, 5, and 6 early in October. Below we summarise
the outstanding issues from the reports (for the full reports go to the Garda Inspectorate
website), including Report 1:
Report and recommendation
Report 1 – Senior Management Structure
Outstanding from this report are the appointments of a
civilian Director of Strategy and Executive Director of Human
Resource Management.
Report 2 – Review of Practices and Procedures for Barricade
Incidents – Implementation Update
Facilities appropriate for tactical firearms instruction should
be incorporated into plans for range facilities. Development
of new range facilities is being considered in the context of
the long term accommodation strategy for the Garda
Síochána. The Garda Síochána ‘Long-Term Accommodation
Strategy’ has been completed however its full
implementation is subject to sufficient funding being made
available.
A review of the number and deployment of Gardaí
authorised to use a firearm should be conducted. Following
consideration of the results of the review, carried out as part
of recommendation 2.62, a more in-depth strategic review of
the roles and functions of personnel issued with firearms
authorisation cards was conducted. The results and
conclusion of the review informed the development of an
Organisation Firearm Strategy which was approved by the
Commissioner. Planning for implementation of the strategy
has commenced.
Report 3 – Policing in Ireland , Looking Forward
Devolve greater autonomy to the six Garda regions, making
assistant commissioners fully responsible and accountable for
all aspects of policing in their respective regions. Some work
has been done, more to do – financial constraints a big issue.
Provide clear, updated job descriptions for chief
superintendents, superintendents and inspectors within the
regions to clarify their respective remits. Focus groups
established, to be held in September 2011.
32
Status
These positions cannot be
filled as yet under the
Government’s Employee
Control Framework.
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012.
3rd Quarter, 2011
(For update on
implementation)
4th Quarter, 2011 for further
assessment and discussion
with appropriate officers of
the Garda Síochána
3rd Quarter, 2011
Develop timeframes for the contracting out of non-core
services under ‘Towards 2016’ and agree the transfer of
responsibility for remand prisoner escorts to the Irish Prison
Service. Awaiting improvement in financial situation.
Develop a recruitment and selection strategy that ensures a
talented, multi-cultural, multilingual workforce, both sworn
and non-sworn. (NOTE: AGSI does not accept the term ‘nonsworn’).
Pursue the commitment in the Programme for Government
to further rapid civilianisation in the Garda Síochána by
means of a rolling programme and exempt civilian posts from
any future staffing restrictions. Progress is being reported to
the Implementation Body on the Croke Park Agreement.
Agree a strategy and develop a timeframe for the
introduction of a professional performance management
system. This proposal is being negotiated under the Croke
Park Agreement.
Continue the review of promotion processes to ensure
relevance and fairness and identify means to accelerate the
advancement of highly talented people through the various
ranks. The final report on the “Review of Promotions” has
been submitted to Assistant Commissioner HRM. Draft
promotion application forms for Sergeant, Inspector,
Superintendent and Chief Superintendent rank have been
developed to include recommendations from the review of
promotions report. These draft forms will be brought before
the Promotion Advisory Council for use in future promotion
competitions.
Implementation Deferred.
4th Quarter 2011
3rd Quarter, 2012 (For
implementation)
4th Quarter, 2012 For
commencement of
implementation. 4th
Quarter, 2013 for full
implementation.
4th Quarter, 2011 (for
update on the
implementation of Report’s
recommendations)
Develop a transport policy that is primarily driven by business
needs and set out strategies to resource and implement that
policy. The Garda Transport Executive Board has requested 4th Quarter, 2011
that the Transport Strategy be reviewed, expanded and
resubmitted for consideration and has established a working
group for this purpose. The working group is due to resubmit
the draft Transport Strategy to the Transport Executive
Board in the 4th Quarter 2011.
33
Expedite the process of engaging a professional, external
fleet management service and negotiate a contract with
specific deliverables, including a provision to develop data to
determine the safest, most reliable and fuel efficient vehicles.
Sanction was received from the Department of Finance in
March 2011 to proceed with a tender for the service, repair
and maintenance of the Garda Fleet. It is anticipated that the 3rd Quarter, 2011
contract will be awarded in 3rd Quarter, 2011 following an
evaluation of the tenders received and sanction from the
Department of Finance.
Develop, prepare and publish a strategic Garda
accommodation plan. The Garda Síochána ‘Long-Term
Accommodation Strategy’ has been completed however its
full implementation is subject to sufficient funding being
made available.
Dependent on finance.
The position will be
reviewed 1st Quarter, 2012
Report 4 – Roads Policing Review and Recommendations
4.1 The Inspectorate recommends that the Garda National
Traffic Bureau (GNTB) continue to serve at the core of the
Garda roads policing initiative. Building on its success to
date, the GNTB should execute a review of existing roads
policing policy and procedures and design a modern
framework for monitoring roads policing plans and evaluating
the outputs and outcomes. GNTB has developed a Roads
Policing Manual which includes policies and procedures in
respect of all aspects of roads policing and this awaits legal
sign off.
4th Quarter, 2011
(For completion of Use of
Force Policy and final
approval and signoff of
Roads Policing Manual)
The Inspectorate recommends that Garda management
consider dedicated accommodation for traffic personnel as
part of a comprehensive facilities management plan.
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012
The Inspectorate recommends that the Garda Síochána begin
a comprehensive review of internal policy related to all
aspects of roads policing. This should be done with a view to
providing clarity to existing stated policy, identifying policy
gaps and developing new policy where required. This work
should include a particular focus on enhancing standard
operating procedures, including safety policies on specific
roads policing functions. The standard operating procedures
and policy guidelines should be accessible to all members.
4th Quarter, 2011
(For completion of Use of
Force Policy and final
approval and signoff of
Roads Policing Manual)
34
The Inspectorate recommends that the Garda Síochána
1st Quarter, 2013
urgently develop a comprehensive driver training programme (for elimination of “Chief’s
and do away with the current practice of driving on ‘Chief’s
Permission”)
Permission.’ If necessary, to expedite this recommendation,
a vendor should be contracted to provide this training. Those
currently driving on ‘Chief’s Permission’ should attend an
abbreviated but effective driver training course.
The Inspectorate recommends that all recruit applicants to
the Garda Síochána be required to possess a valid driving
licence prior to employment and successfully complete a
comprehensive police driving course during their probationer
training.
Working group on training established
The Inspectorate recommends that all driving instructors be
required to possess and maintain a professional instructor
qualification.
The Garda Síochána and the Road Safety Authority are
developing an integrated information system on the
enforcement of road transport legislation in respect of heavy
goods vehicles. The policies and procedures regarding the
electronic exchange of data with the RSA have been agreed
and signed off. The implementation of this new system is
currently with the Ex Director of ICT and will be rolled out
subject to availability of resources the approval of the
Department of Finance and the completion of a procurement
process.
Report 5 – Missing Persons Review and Recommendations
The Inspectorate recommends that the Garda Síochána
ensure that missing persons technology allows for
collaboration and coordination with the Police Service of
Northern Ireland and other police services across Europe.
4th Quarter, 2011 for update
on the findings of the
working group
4th Quarter, 2011
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 3rd
Quarter, 2012.
4th Quarter, 2011
The Inspectorate recommends that the Garda Síochána work
with the United Kingdom and other international partners to 4th Quarter ,2011
develop standardised protocols for cross-border investigation
of missing-persons cases.
The Inspectorate recommends that the Garda Síochána
develop an alert system for missing children that includes
4th Quarter, 2011
strict criteria and provisions for international collaboration.
The Inspectorate recognises that this is a challenging task
that will require the support and participation of many
government agencies, NGOs and private sector
representatives.
35
The Inspectorate recommends that the Garda Síochána
explore the opportunity to partner with Northern Ireland to
develop an all-island alert system.
Report 6 – Resource Allocation
The Inspectorate recommends that the Garda Síochána plan
for future recruitment of both police officers and police staff.
The plan should aim to bring the ratio of police staff to police
officers in line with international norms. It should identify
priority areas for civilianisation and the particular skills and
expertise required in those areas. Where possible, advantage
should be taken of future opportunities to acquire civilian
staff with the required skills that may become available
through increased mobility across the public service. Future
recruitment of police officers should be linked to progress
towards achieving an initial minimum target ratio of one
member of police staff to every three serving police officers.
4th Quarter, 2011
3rd Quarter ,2012
The Inspectorate recommends that priority be given in the
Garda IT programme for provision of a new human resource
information system and a resource management system.
Given its potential to bring about greater efficiencies in frontline policing, the resource management system should be
developed first.
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012.
The Inspectorate recommends that the Garda Síochána
pursue opportunities, especially in the DMR, to release sworn
personnel from administrative duties at Garda stations
through changes in station opening hours and civilianisation.
Reducing the volume of administrative transactions. A
working group was tasked with :
1. Examining the volume of administration tasks in stations.
2. Examining the possibility of introducing online application
forms.
3. Arrangements to reduce the handling of cash
The Inspectorate recommends that the Garda Síochána
adopt, as rapidly as feasible, new rosters and work-hour
policies consistent with the European Working Time Directive
in order to safeguard the health of members and the safety
of both the Garda Síochána and the public.
The Inspectorate recommends that leave records, including
sick leave records, should be created electronically on a
resource management system.
4th Quarter, 2011
for update
36
4th Quarter ,2011 for
update on implementation
approach
1st Quarter, 2013 for full
implementation
(Croke Park agreement has
reference)
Implementation of this
recommendation
is
dependent
on
the
availability of finance. The
position will be reviewed 1st
Quarter, 2012
The Inspectorate recommends that the Garda Síochána
adopts a graduated response to calls for assistance. The
Garda Síochána should adopt the widely accepted practice
among police services in other jurisdictions of locating a
helpdesk in control rooms to enable the needs of some
callers to be met over the phone without dispatch of a patrol
car.
The Inspectorate recommends that the Garda Síochána
deploy more one-officer mobile units to non-emergency calls
in urban areas where backup is close at hand and use more
motorcycles and bicycles for this purpose. One-officer patrols
in extensive rural areas should be avoided. If, in exceptional
circumstances, such a patrol is so assigned, the Garda
concerned should be briefed by a supervisor, guided by an
operational protocol, and have designated back-up.
The Inspectorate recommends that the Garda Síochána
develop new managerial and supervisory approaches to
resource deployment based on robust and timely data.
The Inspectorate recommends that the Garda Commissioner
immediately establish a National Resource Deployment Team
(NRDT) to develop a resource allocation plan for the Garda
Síochána. Ideally, the team should include sworn personnel, a
civilian analyst and a professional project manager
experienced in the development of strategic resource
allocation in a police environment
The Inspectorate recommends that the DMR should be the
pilot region for implementation of the national resource
allocation plan. Experience gained in the pilot should inform
roll-out in the other five regions.
1st Quarter, 2012 for
Update of the Pilot and
planned advancement of
the initiative
The Inspectorate recommends that the Garda Síochána
develop a national computer-aided dispatch system,
incorporating GPS facilities, a geodirectory and demand
profiling software (DPS).
1st Quarter, 2012 for the
commencement of the pilot
in four divisional control
rooms
Implementation of the
technology parts of the
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012
1st Quarter, 2012 for
update on Divisional
Implementation Plan
The Inspectorate recommends that, pending control room
rationalisation, the Garda Síochána make a computerised
record of the particulars of every “999” call received at the
twenty-two divisional control rooms outside the DMR,
including the time of the call, dispatch time, arrival time at
scene and the call clearance time.
37
1st Quarter, 2012 for
Update of the Pilot and
planned advancement of
the initiative
1st Quarter, 2012 for
decision on the submitted
business case
1st Quarter, 2012 for
decision on the submitted
business case
1st Quarter, 2012 for
decision on the submitted
business case
The Inspectorate recommends that the Garda Síochána
devise and publish a policy on telecommunications contacts
with members of the public.
4th Quarter, 2012
For completion of the
report
The Inspectorate recommends the provision of two mirrorimage national Garda control rooms unless it can be
conclusively shown that there is an overriding case for a
third.
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012.
The Inspectorate recommends that the Government have
regard to the potential to achieve economies and efficiencies
through co-location and integration of the control room
systems of the Garda Síochána and other emergency
services.
Implementation of this
recommendation is
dependent on the
availability of finance. The
position will be reviewed 1st
Quarter, 2012.
The Inspectorate recommends that the Garda Síochána
establish a resource deployment unit in each Garda region,
commencing in the DMR at the earliest possible date. The
units would determine the numbers of Gardaí required for
duty at any given time based on predicted and planned
policing requirements. Each regional resource deployment
unit should include personnel with operational policing
experience and civilian analyst expertise.
1st Quarter, 2012 for
decision on the submitted
business case
The Inspectorate recommends that one of the first tasks of
the DMR Resource Deployment Unit should be the
development of incident data recording standards and
effective data audit procedures to ensure the completeness
and accuracy of computer aided dispatch data. The new
standards should require immediate updating of dispatch
records by all front-line officers as their operational status
(“At Scene” etc.) changes. (Updating should be done by
means of voiceless transmissions on the new digital radio
system.) Officer safety should be paramount when
developing these standards.
38
1st Quarter, 2012 for
decision on the submitted
business case
The Inspectorate recommends that Garda management and
the Garda representative associations begin discussions on
new rosters at the earliest opportunity. The new rosters
should:
• Be consistent with the terms of the European Working
Time Directive as clarified in judgements of the European
Court of Justice and accord with evidence-based good
practice (see recommendation 6).
• Provide the flexibility to have the right numbers of Gardaí
on operational duty to match predicted levels of demand for
police services.
• Incorporate recognised health and safety
guidelines for shift working.
• Provide sensible work-life balance for Gardaí, giving good
notice of work rotas and some weekends free.
1st Quarter, 2013 for full
implementation.
The Inspectorate recommends that emergency and nonemergency callers be given an estimated time of arrival of a
Garda unit.
1st Quarter, 2012 for
Update of the Pilot and
planned advancement of
the initiative
1st Quarter, 2012 for
Update of the Pilot and
planned advancement of
the initiative
The Inspectorate recommends that call takers be trained to
identify calls that do not necessitate dispatch of a Garda unit.
In those cases, calls should be routed to a Garda helpdesk
(see recommendation 11), which can give callers appropriate
advice, assistance and/or information.
39
(Croke Park Agreement has
reference)