Garda body to challenge ban on lobbying over closures

A DIRECTIVE forbidding gardaí from lobbying politicians in relation to station closures is to be challenged in the High Court.

Yesterday the Garda Representative Association (GRA) was granted leave to legally challenge the Garda Commissioner’s circular, which was issued in June.

In the memo, gardaí were told they should not attempt to use influence concerning closures or perceived closures of stations.

The circular forbade gardaí from communicating (directly or through someone else) with any public representative in order to lobby or influence the decision of the commissioner.

The directive aimed at stopping every garda from even approaching their representative association about lobbying a politician, John Rogers, for the GRA, told the High Court yesterday.

Opposition justice spokesmen yesterday backed the GRA and described the directive as undemocratic. Fianna Fáil justice spokesman Niall Collins said it was wrong and anti-democratic to try to suppress the voices of gardaí, either individually or collectively.

Sinn Féin justice spokesman Pádraig Mac Lochlainn described the directive as outrageous.

For democracy to function there needed to be the ability to get testimony from gardaí on the ground, he said.

The GRA is arguing that gardaí have the same right as every other citizen to communicate with and make representations to a TD or councillor, the court heard.

The association did not receive a substantive reply to its letter to the commissioner objecting to the directive, the court was told.

Mr Justice Seán Ryan granted leave to challenge the directive on the basis that gardaí were entitled to be represented by the GRA in all matters affecting their welfare and efficiency and had the right to communicate with the GRA.

Some 40 Garda stations are to close this year, with a further wave of closures planned for next year and possibly a third round in 2014. The stations most likely to be closed are those manned by one garda and opened part-time.

In April, before the directive was issued, the GRA said it would resist closures and believed people in rural areas would mobilise against the plans.

Reacting to the case, Mr Collins said gardaí were “entitled to have their position heard by public representatives” as members of the public, he said.

He urged Minister for Justice Alan Shatter to make a statement on whether or not he directed the commissioner to issue the directive.

Mr Mac Lochlainn said that while senior gardaí were “telling us all is hunky-dory”, it was crucial to hear from rank-and-file gardaí about the impact of cuts.

Both the Department of Justice and the Garda Press Office would not comment on matters before the courts. The case will be back before the court on November 27th.