Corporal disputes hearing requirement for promotion
A corporal in the Military Police has brought a legal challenge to a new hearing requirement for promotion to the position of sergeant in the Military Police.
The action, against the Minister for Defence, Ireland the the Attorney General, has been brought by Cpl Anthony Joseph Finnerty, based at Finner Camp, Ballyshannon, Co Donegal, who has been a member of the Defence Forces for more than 25 years.
Mr Justice Brian McGovern granted leave yesterday to Michael Howard SC, for Cpl Finnerty, to bring the judicial review proceedings. The application for leave was made ex parte (one side represented only).
Cpl Finnerty applied for promotion earlier this year but was unsuccessful because of a new rule that people in the rank of sergeant have a hearing grade of level H2 or better (H1 is the highest and H5 the lowest), the judge heard. Cpl Finnerty was assessed as having a hearing grade of H4.
The judge granted Cpl Finnerty a temporary injunction restraining the Minister permanently filling any of the positions of sergeant in the Military Police in the 4th Western Brigade pending the determination of the action.