S.I. No. 371/2023 - Civil Defence Act 2023 (Code of Practice) Regulations 2023

1. Informal Verbal Warning

Informal cautions or warnings may be issued by a Duty Officer, Unit Officer, Commander, ACDO or CDO affording a volunteer an opportunity to explain his or her actions.

2. Formal Verbal Warning

When informal cautions have failed to bring about the desired improvements in Practice or performance or in certain circumstances of unsatisfactory behaviour, the CDO or ACDO will caution the volunteer verbally of the specific aspect of the breach of the Code of Practice. The CDO or ACDO will state clearly that this is a verbal warning and will advise the volunteer of improvements which must be made. This formal warning should be issued in the presence of the volunteer’s Unit Officer (or local equivalent if applicable) and duly recorded by the CDO or ACDO. The volunteer will be advised that further breaches of discipline will result in a written warning. A record of this warning will be retained by the CDO or ACDO for 6 months.

3. Written Warning

When a formal verbal warning has failed to bring about the desired improvements in Practice or performance or in certain circumstances of unsatisfactory behaviour the CDO or ACDO, with the concurrence of the local authority, will issue a written warning in the presence of the volunteer ’s Unit Officer (or local equivalent if applicable). The volunteer will be advised that further breaches of discipline will result in a final written warning. A copy of this warning will be retained on the volunteer’s file for 6 months.

4. Final Written Warning

When a written warning has failed to bring about the desired improvements in Practice or performance the CDO or the ACDO with the concurrence of the local authority, will issue a final written warning in the presence of the volunteer’s Unit Officer (or local equivalent if applicable). The volunteer will be advised that further breaches of discipline will result in suspension. A copy of this warning will be retained on the volunteer’s file for 12 months.

5. Suspension

If the desired improvements have not been made or further breaches of discipline occur, or in cases of gross misconduct the volunteer will be suspended from the Civil Defence organisation by an appropriate officer of the local authority with the knowledge of the CDO or ACDO. Formal written notification of this suspension will be forwarded to the volunteer involved and a full report will be forwarded to the Director of Services (or local equivalent if applicable).

The term of the suspension will be determined by the nature/severity of the offence and is at the discretion of the local authority. Suspension as a result of serious offences or cases of gross misconduct may progress to termination of membership. A copy of the suspension notice will be retained on the volunteer’s file for 2 years.

Gross misconduct may include, theft, physical violence, serious sexual harassment and bullying, deliberate damage to property, serious insubordination, misuse of the Civil Defence property or name, bringing Civil Defence into disrepute, serious incapacity whilst on duty brought on by alcohol or illegal drugs, serious negligence which causes or might cause unacceptable loss, damage or injury, serious infringement of health and safety rules. This list is not exhaustive.

Civil Defence reserves the right to ask volunteers to leave the organisation if their involvement hinders the organisation achieving its goals.

6. Termination of Membership

On return from suspension, further breaches of discipline will warrant immediate termination of membership from the organisation by the local authority. Formal written notice of termination of membership will be forwarded to the volunteer involved and a full written report will be forwarded to the local authority and the Civil Defence Branch.

A copy of the termination notice will be retained permanently on the volunteer’s file.

7. Appeals

At any stage during the disciplinary procedures the volunteer can appeal the action. An appeal must be submitted in writing, stating the reasons for the appeal, within 30 days of the disciplinary action. The appeal can be submitted to the CDO, the ACDO, the Director of Services (or equivalent) or to the Chief Executive of the local authority. The appeal will be considered by an independent person not previously involved with the disciplinary action. An appeal may be partially allowed, e.g. the independent person may lift a suspension but impose restrictions on an individual’s membership.

8. Criminal Acts

If a volunteer has been charged with or convicted of a criminal offence, the CDO or ACDO will fully consider the circumstances surrounding this occurrence. Based on the nature of the offence, the potential impact on the Civil Defence organisation and the totality of the circumstances surrounding the event/s involved, including the application of this Code of Practice, the CDO or ACDO may immediately suspend the volunteer involved from the organisation.

If an individual is being investigated by An Garda Siochana for an alleged offence which may impact on their Civil Defence activities the CDO or ACDO, with the concurrence of the local authority, may suspend the volunteer from the organisation.

At the conclusion of any judicial proceedings that may arise from the said occurrence an independent person, appointed for this purpose by the local authority, will review the situation, including the appropriateness of any continuing suspension, or the need for further disciplinary action including termination of membership. In carrying out such a review, the independent person will consider the totality of the factual situation involved, including any acquittal of criminal charges, possible civil proceedings and the potential impact on the Civil Defence organisation.

9. Other matters

Equal Status Act

Civil Defence acknowledges and respects the cultural and religious diversity that exists within Ireland and seeks to ensure that its volunteer base reflects the diversity of the local communities in which it operates. Any person over the age of 18 and resident in Ireland may apply to join the organisation regardless of age, gender, sexual orientation, race, marital status, disability, membership of the traveller community, family status, religion, colour, nationality, ethnic or national origin, gender non-conformity, political opinion, residence status or social origin.

Insurance

The Department of Defence has a Public Liability policy in place that protects Civil Defence in respect of claims being made against Civil Defence volunteers whilst participating in Civil Defence activities, subject to the terms conditions and exclusions of that policy. The Department also has insurance policies in place to compensate volunteers who suffer injury during the course of their Civil Defence activities.

Expenses

Civil Defence recognises that some financial expense may be incurred during the course of volunteering. Reasonable out of pocket expenses may be reimbursed in accordance with approved rates and with the prior approval of the CDO or ACDO.

Acceptance of Gifts, Rewards, Hospitality and Fund Raising

Although outside organisations may regard offers of hospitality as normal business practice, Civil Defence volunteers must exercise the utmost discretion in deciding whether or not to accept such offers.

Gifts, Rewards, Hospitality

In line with this code, a volunteer is prohibited from seeking, exacting or accepting any remuneration, fee, reward or other favour for any act done or not done by virtue of his or her Civil Defence activities. The overriding concern in all cases is that the actions of volunteer should be above suspicion and not give rise to any conflict of interest and that their dealings with the public should bear the closest possible scrutiny and avoid any risk of damage to public confidence in Civil Defence.

The following practice must be followed in relation to gifts: -

• a volunteer should not solicit gifts directly or indirectly;

• any gift other than a modest token should be courteously but firmly declined;

• in all cases the offer or receipt of any gift (other than what is clearly a modest token) should be reported to the volunteer’s CDA or ACDO supervisor

However, the normal presentation of modest gifts or tokens exchanged or given would not be precluded. A volunteer approached with an offer or an award or prize by an outside organisation which is in any way connected with your official duty must consult their CDO or ACDO.

Fund Raising

Civil Defence is funded by the Department of Defence and the local authority. It is not a charitable organization. Fund raising for Civil Defence is not acceptable. Small fund raising activities for recognised charitable purposes are acceptable. If the CDO or ACDO is in any doubt regarding these activities they should contact their Director of Services, or equivalent.

Political Activities

Civil Defence is a State organisation. It is important that personal views are not reflected in the discharge of your Civil Defence activities. All volunteers are barred from any form of political activity whilst in uniform or engaged in any Civil Defence activities.

If you wish to take part in an outside activity, which involves the disclosure of official information, or use of official experience, you must obtain prior authority from your CDO or ACDO. The request must be made in sufficient time to allow proper consideration. The following principles cover all activities in which official information or experience is used. This includes the publication of books or articles, contacts with the press, broadcasts, speeches or lectures, and participation in outside conferences.

They are that you must not

• Discuss matters of current or potential political controversy in respect of Civil Defence Code;

• Comment on individuals or organisations in terms that Civil Defence would find objectionable; and

• Take part in activities, which conflict with the interests of Civil Defence or bring the good name of the organisation into disrepute.

Queries relating to any element of this Code should be discussed with the CDO or ACDO in the first instance.

GIVEN under my Official Seal,

12 July, 2023.

MICHEÁL MARTIN,

Minister for Defence.

EXPLANATORY NOTE

(

This note is not part of the Instrument and does not purport to be a legal interpretation

.)

The purpose of these regulations, which apply to civil defence volunteers, is to prescribe a code of practice for the purposes of the

Civil Defence Act 2023

(No. 17 of 2023). Among other matters, the code of practice prescribed in these regulations sets out grievance and disciplinary procedures as well as standards of conduct and integrity.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

21

st July,

2023.

I, MICHEÁL MARTIN, Minister for Defence, in exercise of the powers conferred on me by

section 10

(1) of the

Civil Defence Act 2023

(No. 17 of 2023) hereby make the following regulations