Madam, - Ireland, like the UK, has well-developed equality legislation forbidding direct and indirect discrimination based on ethnicity or religion (among other things). Ireland, like the UK, is bound under EU and ECHR equality law to provide effective remedies for the victims of direct and indirect racial and religious discrimination.
For many years it has been well established by law and practice in the UK that Sikhs are entitled to wear their turbans (as are Muslim women a hijab) at work, including employment in the police and immigration and other public services.
Two fellow members of my chambers - a Sikh and a Muslim - do so every day in their court appearances as advocates without any criticism or controversy from fellow lawyers, judges or the public.
It is therefore surprising for this discrimination lawyer and West Cork "blow-in" of many happy years to read of the imposition of a ban on Sikh turban-wearing in the Garda. That ban discriminates indirectly and perhaps also directly against Irish Sikhs who seek to enter the police service.
The argument that the ban applies equally to everyone is fallacious. The ban imposes a requirement or condition of service based on the victim's ethnicity or religion. It can only be complied with in violation of the applicant's religious belief and cultural practice. It has a disparate adverse impact on Irish Sikhs. It lacks any objective justification since the wearing of a neat turban with an appropriate badge is fully compatible with effective policing. The force would surely benefit from being seen to be diverse and inclusive in Ireland's plural society, as does the police service in the UK.
In my view, the ban could be challenged successfully in the Irish courts and, if necessary, in the European Courts of Justice and of Human Rights. Hopefully, that will not be necessary because common sense and simple justice will prevail. - Yours, etc,
ANTHONY LESTER QC, Ardravinna, Schull, Co Cork.