I am sure the Taoiseach will agree that the morale of An Garda Síochána has taken a hammering over recent years and that morale is now quite low among many members of the force. Many issues have achieved a high public profile, culminating in the industrial relations dispute that almost led to an unprecedented strike by An Garda Síochána just over a week ago. It calls into question the competence of the administration of justice and the apparent sense of dysfunctionality in how issues are handled in respect of An Garda Síochána under the justice portfolio.

The latest controversy the Garda is now mired in relates to the vacancies for chief superintendent positions in An Garda Síochána. A competition was held in December 2015 and, arising from that, on 25 May last, the names of the successful applicants were published in Garda headquarters and 18 people were notified by letter of their successful selection to the position of chief superintendent. There are significant vacancies across the force, including in Cork West, the special detective unit, the roads policy unit, the technical bureau, the crime policing administration unit, the central vetting unit, the operational support unit, the Dublin metropolitan regional office, the Garda Reserve and internal affairs. The Government eventually decided to appoint ten chief superintendents and not to appoint the remaining eight applicants, despite that the Government accepted the legitimacy of the competition and of the panel that was selected as a result of that process. The remaining eight who were not appointed would have legitimate expectation of being appointed.

This type of thing damages morale in the force. The O'Higgins report, which examined matters in the Cavan-Monaghan district, was very strong on the issue of supervision and on people being in place in senior, responsible positions to ensure mistakes were not made further down the line and that proper standards and so forth applied. However, these vacancies have existed for quite some time. The issue is that the competition took place under the 2005 Act, and under section 13 of that Act it is the Government's responsibility to appoint members. The Garda Síochána (Policing Authority and Miscellaneous Provisions) Act that established the Policing Authority was passed in December 2015.

Section 12 of the Act, and the regulations pertaining to it, which would give the body the promotional responsibilities for superintendents and chief superintendents, has not yet come into force, almost 12 months on. While there is always a transition between the old and the new law, it is the Government's responsibility to appoint in accordance with the Act that is the law of the land. We have paralysis on the appointment of judges and we now have paralysis and indecision on the appointment of gardaí to very senior and sensitive positions. It is damaging to the force and further compounds already serious issues pertaining to the Garda Síochána. Will the Taoiseach explain why we are where we are regarding the failure to appoint these people to vacant positions at senior level?

I will explain. The establishment of the Policing Authority earlier this year was the most fundamental change in the Garda Síochána since the foundation of the State. The establishment of the independent Policing Authority was to oversee the performance by the Garda Síochána of its relations in respect of policing services. It has already commenced its work and is holding regular meetings. The transfer of the function is a major signal about the Government's intent not to have the hand of politics in any of the appointments to senior positions in the Garda Síochána, for perception and for reality. The clear preference of the Tánaiste and Minister for Justice and Equality, Deputy Frances Fitzgerald, is that the authority should have the opportunity to exercise the function as soon as possible. This will give new confidence to the oversight arrangements in place and the role of the Policing Authority.

I agree there should be no undue delay in filling existing vacancies. The Tánaiste is anxious about it and it will be kept under very close review. Section 12 of the Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 provided for the transfer to the Policing Authority of the appointment of persons to the senior ranks of the Garda Síochána. This was the function, intent and purpose of the Act. This function transfers to the Policing Authority by or on 1 December, a few weeks hence. There is a public consultation. In the interim, the appointment of persons to senior ranks remains a matter for the Government. Earlier this year, at the request of the Garda Commissioner, the Government made a number of appointments to fill vacancies in senior ranks. On 24 May, the Government appointed four members to the rank of assistant commissioner. On 13 July, the Government appointed ten members to the rank of chief superintendent and 18 to the rank of superintendent. Fianna Fáil rightly queried the Government as to why these appointments were being made. I remember having to give instructions to explain to Fianna Fáil that the Government had made a decision to transfer responsibility and authority to the Policing Authority. The appointments were drawn in order of merit from promotion panels which were formed on foot of competitions held by the Garda Commissioner in accordance with the Garda Síochána regulation Act of 2006. The Policing Authority was consulted on the proposal to fill the vacancies and supported the filling of them on the nomination of the Government, as provided by the Garda Commissioner, up to the limit of the agreed strength as approved by the Tánaiste and the Minister for Public Expenditure and Reform under the employment control framework, ECF.

The Garda Commissioner informed the Tánaiste that a chief superintendent retired in September. This, together with the recent departure of an assistant commissioner to take up a post abroad, brings the number of vacancies in the senior ranks to three, including one at superintendent level. The ECF will be increased and, from 30 December, the independent Policing Authority will be in a position to make those arrangements and appointments. I assume the Policing Authority is readying for the opportunity when it arises.

The Taoiseach has not told me anything new. He has basically repeated what I said, although using different terminology.

Deputy Micheál Martin did not tell me-----

The bottom line is that we queried why section 12 was not commenced. It has taken a full 12 months to commence it. Why have the competition? Why write to 18 people telling them they were successful but only appoint ten of them? That is the bottom line. There is one law. The 2005 Act is currently in situ in terms of promotions of superintendents and chief superintendents. The Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 is a new Act and one that we support. We support the idea that the authority would be responsible for promotion to the senior ranks of An Garda Síochána, but the section has not yet been commenced. Why has it not been commenced? Why has it taken 12 months for the Government to get its act together in respect of that particular section of the Act?

This speaks to a dysfunctionality at the heart of the administration of justice. We have all witnessed it in different facets and manifestations. The latest is that we cannot appoint judges now because more reform is sought. There is a basic rule - a bottom line - in terms of the administration of law which is that the existing law is the law of the land until a new law supersedes it. Everyone abides by that clear distinction.

That there would be a competition and the names of the successful applicants would be published and that the Taoiseach would then resile from his duty and responsibility, because it is his duty and responsibility under the existing law to appoint them, is wrong. It damages morale, which is already quite low in An Garda Síochána, and creates division and all sorts of issues. The Taoiseach knows that. What will subsequently happen will create further divisiveness and so on. All of that needs to be avoided in terms of the best interests of An Garda Síochána. We have been supportive of the changes, but they have not been commenced. That is not the fault of anyone except those in government. The responsibility to commence legislation resides with the Government. In the interim, the existing law of the land applies.

I accept that Deputy Micheál Martin supported the reason behind setting up of the independent Policing Authority. I consider it the major significant change in policing in the country since the foundation of the State. The reason for the employment control framework was the poor state of public finances. We had no Garda training college. When we were able to reopen it, there were 500 recruits. There are now 800.

The recruits were never going to be appointed chief superintendents.

The Taoiseach, without interruption.

The independent Policing Authority will be in a position to make the appointments to senior ranks as and from 31 December. The independent Policing Authority is well aware, as the memorandum for Government stated in the summer time, that the responsibility would pass to it by or on 31 December. I am sure it is making arrangements to be in a position to fill senior appointments, as will be its completely independent responsibility, shortly after that date. Deputy Micheál Martin queried the appointments that were made, as was his right. He also queried why the authority was not doing it in July.

That is the point, but the Government still has not-----

There were many matters to be dealt with by it.

There were four appointments to the rank of assistant commissioner, ten to the rank of chief superintendent and 18 to the rank of superintendent. Those appointments were all made strictly in accordance with the list submitted by the Garda Commissioner on foot of a competition held under the Garda Síochána Act. On 31 December, the independent Policing Authority takes responsibility for these positions.