RANK-AND-FILE gardaí should be exempt from the pension levy because their employment circumstances are different from most other public servants on several grounds, including that gardaí have no right to strike, the High Court has been told.
The Garda Representative Association (GRA) has brought proceedings against Minister for Finance Brian Lenihan claiming he was wrong in refusing to exempt them from the levy.
The GRA claims the levy is inequitable because the position of gardaí in the public service has always been regarded as unique and materially different from other public servants.
Among the differences are that gardaí are obliged to work overtime but, while overtime is not reckonable for their pension entitlements, it is for the pension levy, it is claimed.
Because gardaí must do overtime or face disciplinary action, they are deprived of the opportunity not to do so. It is also claimed gardaí are subject to a less favourable method of calculation for overtime and unsocial hours and receive less overtime pay in relative terms than other public servants. The GRA also claims their inclusion in the levy is unfair and in breach of natural and constitutional justice because gardaí are not permitted to get a second part-time job to offset the loss incurred, unlike other public servants. They also differ as they have no right to strike.
Opening the case yesterday, John Rogers SC, for the GRA, said the levy was introduced under the financial emergency measures in the Public Interest Act 2009.
Under Section 8 of that Act, the Minister for Finance has discretion to exempt or modify levy payments by any “particular class” of public servant on grounds the circumstances of their employment differ from others in the public service, counsel said.
GRA general secretary PJ Stone wrote to the Minister last April arguing they were such a group and had enclosed a report from a expert, Dr Gerard McMahon, as to what that was so and on the effects of the levy on rank-and-file gardaí.
Maurice Collins SC, for the Minister, said while the Act provided exceptions for specific public bodies, it specifically named the Garda Síochána as being included.
The case continues.