Members open to prosecution if they strike

By Scott Millar and Shaun Connolly

Tuesday, December 08, 2009

A THREATENED strike by gardaí would leave members open to criminal and civil prosecution, Justice Minister Dermot Ahern has warned.

The stern message came as unrest in the public service took an unprecedented new twist ahead of tomorrow’s budget, with the Garda Representative Association (GRA) announcing its intention to ballot 12,000 members on industrial action in support of wider trade union protests. Under the Garda Síochána Act 2005 balloting gardaí on industrial action is illegal.

Elsewhere in the public service, union bosses refused to rule out more industrial action before Christmas following an ICTU meeting to discuss last week’s breakdown in pay talks with the Government.

Mr Ahern said the GRA announcement amounted to an "affront to democracy" and was clearly illegal. He said GRA executive members could be found liable under civil law for the costs incurred by an illegal strike by members.

Last night the Association of Garda Sergeants and Inspectors (ASGI), the group representing senior ranks, upped the pressure on the Government stating they "understood" the GRA’s decision.

ASGI general secretary Joe Dirwan said: "It now appears that the Government will deal with public sector pay into the future by diktat – an intolerable situation."

GRA representatives have disputed their intended ballot would breach the law but they have not sought legal advice on the issue. General secretary PJ Stone said his organisation had little option but to take what he termed an "honest" and "up front" approach to opposing pay cuts.

Fine Gael’s Charlie Flanagan, said it was an unprecedented show of defiance to a sitting Government.

This story appeared in the printed version of the Irish Examiner Tuesday, December 08, 2009