S.I. No. 111/2025 - Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) (Amendment) Regulations 2025

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th April, 2025.

I, JIM O’CALLAGHAN, Minister for Justice, in exercise of the powers conferred on me by sections 252 , 254 and 261 (4) of the Policing, Security and Community Safety Act 2024 (No. 1 of 2024), having consulted with the Garda Commissioner and the Authority and with the approval of the Government, hereby make the following regulations:

1. (1) These Regulations may be cited as the Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) (Amendment) Regulations 2025.

(2) These Regulations shall come into operation on the 2^nd of April 2025.

2. The Garda Síochána (Appointment to the Rank of Inspector and Sergeant) Regulations 2021 ( S.I. No. 370 of 2021 ) are amended –

(a) in Regulation 2 –

(i) by the insertion of the following definition:

“ ‘Act of 2024’ means the Policing, Security and Community Safety Act 2024 (No. 1 of 2024);”,

and

(ii) by the substitution of the following definition for the definition of “member”:

“ ‘member’ has the same meaning as it has in the Act of 2024;”,

(b) by the insertion of the following Regulation after Regulation 4:

“Board to keep requirement for competitions under review

4A. (1) The Board shall keep under review the need for competitions to be held for the purpose of making appointments to specified ranks and shall ensure that the Commissioner has arrangements in place to undertake required competitions without undue delay.

(2) The Commissioner shall keep the Board fully informed with regard to vacancies likely to arise in a specified rank to enable the Board to comply with paragraph (1).”,

(c) in Regulation 5, by the substitution of the following paragraph for paragraph (b):

“(b) an appointments process, to be undertaken by the Commissioner in accordance with these Regulations and the Act of 2024.”,

(d) in Regulation 7, by the substitution of “7. Where the Commissioner decides” for “7. (1) Where the Commissioner decides”,

(e) in Regulation 8 –

(i) in paragraph (1) –

(I) by the substitution of “Subject to Regulation 4(2) and paragraph (1A)” for “Subject to Regulation 4(2)”, and

(II) by the substitution of “the Board” for “the Policing Authority” in each place it occurs,

and

(ii) by the insertion of the following paragraph after paragraph (1):

“(1A) A syllabus for the Sergeant’s Promotion Examination and the Inspector’s Promotion Examination in force immediately before the coming into operation of the Garda Síochána (Appointment to the Ranks of Inspector and Sergeant) (Amendment) Regulations 2025 shall continue in force on and after such coming into operation until such time as a new syllabus is determined in accordance with this Regulation after such coming into operation.”,

(f) in Regulation 9 –

(i) by the substitution of “9. A member is eligible” for “9. (1) A member is eligible”,

(ii) in paragraph (b), by the substitution of “in accordance with section 16 of the Act of 2005 or section 46 of the Act of 2024, as the case may be” for “in accordance with section 16 of the Act of 2005”, and

(iii) in paragraph (c), by the substitution of “the probationary period in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013 ( S.I. No. 470 of 2013 ) or the Policing, Security and Community Safety Act 2024 (Admissions and Appointments) Regulations 2025” for “the probationary period within the meaning of that term in accordance with the Garda Síochána (Admissions and Appointments) Regulations 2013 ( S.I. No. 470 of 2013 )”,

(g) in Regulation 10, by the substitution of “10. A sergeant is eligible” for “10. (1) A sergeant is eligible”,

(h) in Regulation 13 –

(i) in paragraph (1), by the substitution of “competent to undertake, and capable of undertaking, the duties” for “fully competent, capable and available to undertake the duties”,

(ii) in paragraph (2)(c), by the substitution of “code of ethics” for “Code of Ethics for the Garda Síochána”,

(iii) in paragraph (3), by the substitution of “by virtue of his or her” for “by virtue of his or”, and

(iv) by the insertion of the following paragraph after paragraph (5):

“(6) In this Regulation, ”code of ethics“ means a code of ethics issued by the Authority under section 78 of the Act of 2024 and the reference in this Regulation to the code of ethics shall be construed in accordance with section 2(3)(f) of that Act.”,

and

(i) in Regulation 16 –

(i) by the substitution of the following paragraph for paragraph (3):

“(3) Subject to paragraphs (6) and (7), a probationary period shall be 12 months from the date of appointment under Regulation 12.”,

(ii) in paragraph (4)(a), by the substitution of “adoptive leave, carer’s leave, domestic violence leave, leave for medical care purposes, maternity leave, parental leave, parent’s leave, paternity leave or sick leave” for “maternity leave, parent’s leave, paternity leave or adoptive leave”,

(iii) in paragraph (5), by the substitution of the following subparagraph for subparagraph (a):

“(a) Where an appointed person is absent due to a period of suspension having been imposed on him or her (whether such suspension is imposed under the Act of 2024, regulations made under the Act of 2024, the Garda Síochána (Discipline) Regulations 2007 ( S.I. No. 214 of 2007 ) or otherwise), the period of the absence shall not be reckonable for probationary purposes.”,

(iv) in paragraph (6)(a), by the substitution of “Subject to paragraph (7), where an appointed person has not demonstrated” for “Where an appointed person has not demonstrated”, and

(v) in paragraph (7), by the deletion of “, save in exceptional circumstances,”.

The Government approves of the making of the foregoing Regulations.

GIVEN under my Official Seal of the Government,

25 March, 2025.

MICHEÁL MARTIN,

Taoiseach.

GIVEN under my Official Seal,

2 April, 2025.

JIM O’CALLAGHAN,

Minister for Justice.