Minister warns striking gardaí pay will be docked and they face being sued
She has encouraged both the Garda Representative Association and the Association of Garda Sergeants and Inspectors to reach an agreement when they attend the Labour Court today.
Members of both representative bodies are expected not to turn up for work on Friday as part of a dispute over pay restoration.
Ms Fitzgerald said: “Our focus is on trying to prevent the action going ahead on Friday and, failing that, ensuring that the maximum number of gardaí report for duty.
“Clearly if people don’t turn up for work they don’t get paid,” she said, adding that gardaí had “taken a solemn oath to protect the public”.
“Very importantly, any garda who is involved in the withdrawal of labour does not have the protection of industrial relations legislation and could be sued for any damages,” she said. “There are lots of consequences."
It is understood that the issue arises from the fact that gardaí are not covered by the Industrial Relations Acts for the purposes of the taking of industrial action, they do not enjoy the protections of those Acts on an individual basis. As such, they could be exposed to being sued if a person suffered loss as a result of the action.
Cabinet yesterday discussed the planned industrial action of both Association of Secondary Teachers in Ireland members and gardaí over the restoration of pay and conditions.
Ministers stood firm in their stance that any agreement would have to come within the parameters of the Lansdowne Road agreement.
Afterwards, Public Expenditure and Reform Minister Paschal Donohoe said maintaining an “affordable” public wage package is “essential” and that working within the Lansdowne Road deal is “crucial” to this.
Ms Fitzgerald said contingency plans in the event of the Garda strike proceeding have been ongoing “for some time”.
“There has been detailed discussions in relation to contingency planning, but I have to say the focus is of course on arriving at a situation with the Labour Court, where we won’t be facing [Garda strike action].”
Ms Fitzgerald said Garda Commissioner Nóirín O’Sullivan had “no choice” in sending out a letter to every member of the force reminding them they are required to turn up for duty on Friday.
Ms Fitzgerald said the Defence Forces are “on stand-by” but could only work as an “aid” and could not replace the gardaí.
“Let me be clear: There is no service that can be supplied that can substitute 12,800 members of An Garda Síochána and that’s why every focus is on avoiding that situation,” she said.
This was echoed by Gerry Rooney, general secretary of the Defence Forces’ representative body. He pointed out that soldiers do not have the same powers as gardaí.
“The Defence Forces do not have have the power to arrest or to stop and search,” he said.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
