THE Minister for Justice faces a High Court challenge by the Garda Representative Association after legislating to delay its internal elections.
Mrs Owen had hoped the GRA would delay elections to its central executive until statutory provisions for a new association were in place next year. But the GRA rejected this and began preparing for elections next month.
This led the Government to decide two weeks ago to try to stop the elections by introducing an amendment, in the form of a statutory instrument, to the Garda Siochana Act. This process entailed that the legislation did not have to be put before the Dail.
Statutory Instrument 222, en titled the Garda Siochana (Associations) (Amendment) Regulations 1996, directs the GRA not to proceed with its elections. A Department of Justice official last week informed the GRA the effect of the instrument would "defer the district committee elections of the GRA from September 1996 to March 1997".
The GRA wrote to its members last week saying: "The association has sought legal advice relevant to this unprecedented interference by Government in the internal affairs of the association. If Government can dictate in such an arbitrary fashion to a police association, then it does not augur well for the future of like associations or indeed the trade union movement as a whole.
"The association has been advised to proceed with the elections, process it was legally obliged to embark upon and which has already terminated in many districts where there is no context in the filling of district committees.
The association will seek a declaratory order in the High Court in respect of the Statutory Instrument 222 and the Minister will be "advised in accordance with legal practice."
Mrs Owen apparently believed, that if the GRA elections proceeded before her association was in place, this would preclude the return of dissident members.
The association has rejected several key features of the Government's proposed plan for the staff association. The issues in contention concern the make up of a board of trustees; an argument over whether the Garda College, which has only about 60 staff, should have its own representative in the 26 member GRA executive, and whether paid GRA officials should sit on the executive committee.