Mayo TD claims equality acts being breached by forcing gardaí to retire at 60

A Mayo TD has claimed the government is in breach of the European equality legislation and directives on retirement ages in the EU by forcing senior gardaí members to retire at the age of 60.

Deputy Rose Conway-Walsh argued it did not reflect the operational nature of the force.

"The equality authority under the remit of the Department of Justice agreed that the State could face compensation claims from senior officers who have been forced to retire at the age of 60 instead of aged 63," she stated.

In response, Justice Minister Heather Humphreys outlined: "Retirement of all members of An Garda Síochána, including those at the rank of chief superintendent, is governed by legislation that sets the mandatory maximum retirement age at 60.

"This reflects the operational nature of many of the roles in An Garda Síochána, including the requirement to work a variety of 24-hour rosters.

"Members of An Garda Síochána may also opt to retire before reaching the age of 60.

"Those who joined prior to April 1, 2004, may retire on full pension at 50 years of age once they have served at least 30 years and those who joined on or after April 1, 2004, may retire on full pension at 55 years of age with 30 years’ service.

"In the context of the extension of retirement ages generally across the public sector, a review of the mandatory maximum retirement age is currently being carried out by my department.

"As part of this review, an examination has been undertaken of compulsory retirement ages in a number of other national and regional police services.

"Consideration is also being given to the impact of such an increase of retirement age on career progression for other garda members, including the importance of career succession, operational capacity and workforce planning within An Garda Síochána.

"Any changes to the maximum mandatory retirement age will need to be considered very carefully and will require amendments to both primary and secondary legislation.

"Detailed consultations will also be required with my colleague, the Minister for Public Expenditure and Reform, on the issue of retirement age across the public sector and the potential costs of any increase in the retirement age.

"The Garda Síochána (Retirement) (No. 2) Regulations 1951, SI 335/1951, allow the Commissioner, with the consent of the minister, to extend the age of retirement of a garda member where this is in the interests of the efficiency of the Garda Síochána due to special qualifications or experience in policing possessed by that member."

Deputy Dara Calleary said surely the minister would agree that somebody at the age of 60 has an awful lot to give in terms of experience, energy and commitment.

He stating: "Forcing people to retire because of what was policy many decades ago is now depriving them of their chance to continue to make a contribution, and it is depriving society of their experience and knowledge.

"This policy belongs to a different era and is in urgent need of change."

Minister Humphreys: "The Garda Commissioner, with the consent of the minister, can extend the age of retirement of a garda member where this is in the interests of the efficiency of the Garda Síochána due to special qualifications or experience in policing possessed by that member.

"In terms of the Covid-19 pandemic, garda members who had reached the age of 60 and had significant experience in policing, and the particular skills to support the Commissioner's urgent policing priorities during the pandemic, were given the opportunity to extend their service.

"The Commissioner was very keen that this would happen. He, therefore, invited applications from those who would otherwise have been required to retire because of their age, and extensions of up to 12 months were granted to 49 garda members, including three at the rank of chief superintendent.

"Since the start of 2020, approval has also been given to requests by the Commissioner to extend the retirement age of five other Garda members, including two at assistant commissioner rank, to assist in succession planning and prevent the loss of essential skills to the Garda organisation.

Deputy Conway-Walsh: "I would argue that this almost creates an inequality within an inequality where some requests are granted and others are declined.

"It also makes no sense financially because we obviously have to pay pensions to senior gardaí when they retire. They may as well be working and having an output. I cannot, therefore, see the sense in that. I cannot see any impediments either.

"As I understand it, all associations and unions are in favour of extending the age limit.

"Numerous questions have been raised around criminal activities, including killings, corporate crime, gangland violence, drug crimes, domestic violence, sexual crimes and cybercrime.

"All those things are posing huge challenges to An Garda Síochána, as well as the organisation undergoing a huge change management process.

"To take experienced senior gardaí out of that position and deter them from applying for promotions in their 50s does not make sense either."

Deputy Calleary: "I agree with Deputy Conway-Walsh. I detect that the minister is anxious to change it because she is dealing with the other side of the issue with her social protection hat on.

"We need to be embracing of experience and age, however. We should be proactive on this issue rather than being forced to act on it as a consequence of legal decisions.

"We have seen it going to legal fora in semi-State organisations because they were not proactive in acting on this issue.

"This policy of retirement at a certain age belongs to a different era. It excludes people of experience and passion who wish to continue to contribute that experience and passion in their chosen field, which could be within the public or private sector.

"Government should be proactive in terms of moving away from that system and saying to people that as long as they are able, fit and willing to do the job, it will help and encourage them and take away all legal blockages."

Minister Humphreys: "I agree absolutely with Deputy Calleary.

"We need to be proactive and look at things through the lens of a modern world, where we are all living longer and are much healthier, thank God.

"My department is currently carrying out a review of the mandatory maximum retirement age of 60 for the Garda Síochána.

"This review is taking account of retirement ages that apply generally across the public service and that apply in other uniform services, such as the Defence Forces and the Prison Service, the physical nature of the role and the need for An Garda Síochána to maintain operational capacity at all times.

"The review is also undertaking detailed analysis of compulsory retirement ages in other policing organisations at an international level.

"In both the UK and Northern Ireland, for example, the compulsory retirement age for the ranks equivalent to superintendent and above is 65 years of age compared to 60 years for An Garda Síochána, whereas lower retirement ages apply for lower ranks.

"There is a bit of work to be done on this but it will continue over the coming months and the review will be completed in the latter half of this year."

"If required, legislative changes will be brought forward at that time. It is, therefore, something we should progress."