Minister for Justice Alan Shatter has confirmed there is no barrier to gardaí entering the personal insolvency process. A Labour TD had raised concerns that the Garda Code could prohibit participation.
Michael McNamara, who represents Clare, told Mr Shatter some members of the force in financial difficulties believed they were precluded from availing of the new debt resolution arrangements.
“There is nothing in the Garda Code, the Discipline Regulations nor indeed the Personal Insolvency Act 2012 which acts as a barrier to members of the Garda Síochána availing of debt resolution mechanisms contained in that Act,” Mr Shatter said.
“In the same vein, neither the Bankruptcy Act 1988 (as amended) nor the Personal Insolvency Act 2012 contain prohibitions in relation to the bankrupt’s or debtor’s employment as the case may be.”
At the Garda Representative Association conference last week it emerged that one garda a day on average was presenting to the organisation with serious financial problems.
Mr McNamara subsequently raised the issue in the Dáil, telling Mr Shatter that gardaí he had spoken to, “including friends with whom I attended school, constituents and neighbours”, believed they were excluded from the new service.
“There is doubt in their minds as to whether they can apply for and enter a personal insolvency arrangement without falling foul of their code of conduct,” Mr McNamara said.
He said many gardaí were in financial difficulties, “some of them with their own personal mortgages, but many in respect of investment properties”.
