Will gardaí strike a blow to the Government?

Plans by the Garda Representative Association to ballot members on industrial action brings the Garda into uncharted waters, writes CONOR LALLY, Crime Correspondent

A HANDWRITTEN sign was stuck to a door frame in Buswell’s Hotel beside Dáil Éireann on Monday morning. “All out resistance to public sector pay cuts, press conference 12pm.” A scribbled arrow pointed to a room down the corridor. The notice was signed by the Socialist Party MEP, Joe Higgins.

But before Higgins’s event had even started, a much more unlikely group had assembled the media in a room off the same corridor to launch a revolution of its own.

In an unprecedented and surprise move, the Garda Representative Association (GRA) announced its intention to ballot its members on industrial action. This is despite any withdrawal of labour on the part of gardaí being a crime punishable by five years in prison. The Minister for Justice, Dermot Ahern, described the GRA’s announcement as an affront to democracy. He said the Government would not tolerate gardaí breaking the law.

The Garda Commissioner, Fachtna Murphy, reminded the GRA that its actions left its hard-working members open to criminal prosecution and risked the force losing the trust and respect of the public. The GRA, which represents almost 12,000 rank-and-file gardaí in a force of 14,500, denied it was putting it up to the Government. It says it will ballot and deal with the consequences if and when they arise. The row is a major headache for the Government and Garda management and raises many questions.

Why is the GRA so intent on industrial action?The main reason is dissatisfaction with levies and pay cuts. Gardaí are also banned from joining a trade union, so the GRA is a staff representative association, not a trade union. That means it was not directly involved in recent talks on public sector savings and was not allowed to join the recent national strike, so could be seen as powerless in the current climate.

GRA general secretary PJ Stone has said his members felt “worthless and valueless” and were demanding action from the GRA’s leadership. That environment had given rise to only one option: balloting for industrial action.

Is there any concession that might placate the GRA?Much of the GRA's anger centres on pay cuts and levies. The age profile of the GRA is younger than ever because there has been an accelerated recruitment drive into the force in recent years, and gardaí with five years' service or less now account for almost half of the GRA's membership. That means there is a huge number of members with young children and big mortgages based on incomes they thought were set in stone.

One GRA member said because members of the force put themselves in danger on duty, their conditions should be protected “slightly more” than other public sector workers. “People are definitely under financial pressure so I would support any action that lets us show our anger. It’s not as if we’re going to strike for a week.” Another said: “A lot of gardaí were using their money to fund certain lifestyles and you can’t pull back on loan repayments when your money is cut. I think a lot of gardaí are going to get into trouble paying mortgages.” But the prospect of the Government making a special case for gardaí and exempting them from pay cuts seems impossible, because other workers would look for similar treatment.

If the Government were willing to grant the GRA concessions that effectively granted it trade union status, the association’s leadership might be able to declare victory and call off its ballot.

Are the GRA's complaints about pay well founded?A rank-and-file garda with 17 years' service, the top end of the pay scale, is on a salary of around €42,000 after levies and the public sector pay cut.

According to figures contained in the McCarthy report, gardaí, on average, earn the equivalent of half their salaries again on overtime and allowances.

This brings average pay for a garda with 17 years’ service or more close to €63,000. Gardaí with up to five years’ service earn considerably less. “Lots of the people who have joined in the past few years have degrees, so based on that the money is not spectacular,” said one young garda.

What happens if the ballot goes ahead?Under the Garda Siochána Act 2005 any Garda member who withdraws their labour or induces another member into that action faces criminal prosecution and a jail term of up to five years. It would be impossible for the Garda to prosecute almost 12,000 of its own members. However, an example could be made of some of the GRA leadership. But the Government and Garda management would pursue that avenue only as a last resort.

So, realistically, what could be done to stop the GRA?The most obvious first option would be for the Government to get an injunction to stop the ballot. If the GRA ignored an injunction it would be in contempt of court and would face massive fines.

What if that fails and industrial action goes ahead?Ireland would be in uncharted waters. The only precedent in the modern era is the so-called "Blue Flu" in 1998 when gardaí rang in sick as part of a dispute with the Government over pay.

This latest dispute is more complex. Because gardaí called in sick in 1998 for just one day, none of them needed a sick note. It meant their protest, while seen as a dishonest act that damaged the reputation of the force, wasn’t illegal so didn’t necessitate much of a response from Government. The protest mooted now does appear illegal so the Government really would need to act.

Would a ballot be carried?Of the GRA members and gardaí of other ranks who spoke to The Irish Timesthis week, slightly more than half believed a ballot would not be passed.

“But asking guys what they think is like asking people how they’re going to vote in a general election,” said one member. “Loads of people will tell you they won’t vote Fianna Fáil, but somehow they always get back in. So what way [gardaí] will tell you they’ll vote in a ballot and what way they’ll actually vote are two different things.” The GRA says a ballot would at least help it assess the mood of its membership. It says while many members have been very militant at recent meetings around the country it is difficult to know if these views are held by a vocal few or the majority.

Would the Army be deployed if gardaí strike?During the Blue Flu, members of the Defence Forces were on standby. But the Garda used members not on Blue Flu to provide cover and the troops were not needed. It is likely the same plan would be put in place now.

Having said that, gangland crime is considerably worse than in 1998. The prospect of an organised gang planning a major crime on the day of a Garda strike would be more real now.

Another complicating factor is the timing of the GRA’s mooted industrial action, joining other public sector workers on any future Ictu day of protest. On the last day of protest, major marches were held across the country, all policed by gardaí. But if rank-and-file members were on strike they obviously wouldn’t be available for those duties. This would mean a much more significant Garda contingency plan, comprising members above the rank of garda would be needed than for Blue Flu.

The GRA would assist that contingency, so while the Defence Forces would be on standby they probably wouldn’t be needed.

Would industrial action damage the force's relationship with the public?Dermot Ahern and Fachtna Murphy certainly think so. But members of the GRA are divided.

“I think most people wouldn’t even realise gardaí aren’t allowed to go on strike and I think that would surprise them,” said one member.

“If we were downing tools regularly over minor issues, then that’s not right. But this would be a first strike. Why shouldn’t we be allowed?” Another garda disagreed: “We’re looking for information from people to solve crime. We need the trust of the public and a strike is only going to harm that.” However, he believed that damage would be short term and that some public sector workers would interpret Garda industrial action as gardaí coming out in solidarity with them.

Another member said gardaí he knew were “totally opposed” to the idea of gardaí taking industrial action. “I just think it’s not right for gardaí to break the law. Anyway, it’s a bit late in the day; all the cuts are already in.”