Conciliation and Arbitration

The division is responsible for the maintenance of good and effective industrial relations between the Garda staff associations, Garda management, The Department of Justice and Equality and the Department of Finance. This involves the efficient administration of the Scheme of Conciliation and Arbitration for An Garda Síochána (Microsoft Word – 67KB).

Paragraph 1 of the scheme describes its purpose as follows:

The purpose of this scheme is to enable the Minister for Justice and Equality, the Minister for Finance and the Commissioner of An Garda Síochána on the one part, and the Association of Chief Superintendents, the Association of Garda Superintendents, the Association of Garda Sergeants and Inspectors and the Garda Representative Association on the other part, to provide means acceptable to the Government and to these representative bodies for the determination of claims and proposals relating to conditions of service of members of the ranks they represent and to secure the fullest co-operation between the State, as employer, and the members, as employees, for the better discharge of the functions of An Garda Síochána. Matters within the scope of the scheme will be dealt with exclusively through the machinery of the scheme.

Regular meetings of the formal Conciliation Council as well as informal meetings are held on a regular basis. These meetings facilitate discussions on a wide range of topics affecting the working conditions of members of An Garda Síochána. Full and fair negotiations are conducted with the representative associations to bring about outcomes which are acceptable to all sides.

Some examples of matters discussed include:

• negotiations on pay and conditions for members of An Garda Síochána up to and including the rank of Chief Superintendent
• introduction of and changes in regard to specialist allowances which are payable to members of An Garda Síochána

Where matters cannot be agreed, there is a facility to proceed to facilitation, adjudication or arbitration.

1. Facilitation: As an aid to the negotiation process, and where the subject matter is appropriate under the Scheme, discussions at the conciliation stage may be continued under a facilitator should both sides so agree.
2. Arbitration: There are two forms of arbitration: (a) an arbitration board and (b) an adjudicator appointed by the Government.
   
   (a) Arbitration board
   This is an independent board with three members: the chairperson who is appointed by the Government, a representative from the official side and a representative from the staff side. The board deals with claims that were not agreed at council which have a higher cost implication.
   
   (b) Adjudicator
   This is an independent person appointed by the Minister with the agreement of the official side. The adjudicator deals with claims not agreed at council which have a lower cost implication.