McDowell rejects claim for garda pension increase

MORE than 800 retired gardaí who say they are denied their full pension rights had their claim for an increase in payments rejected yesterday by Justice Minister Michael McDowell.

In a reply to a Dáil question on the issue, the Minister said that, considering the recommendation of the Commission on Public Service Pensions, there would be no legislation to ensure parity of pensions among retired gardaí.

This means the current scheme will continue in operation, despite the fact that it has been described as unconstitutional by Mr McDowell’s own Junior Minister, Willie O’Dea.

While in opposition in 1996, Minister O’Dea, who now has special responsibility for equality issues in the Department of Justice, suggested the current scheme should be challenged in the courts.

The scheme has been challenged for years and was the target of a relentless campaign by Michael Murphy, a 68-year-old grandfather from Limerick who retired as a detective in 1988. Legislation, introduced in 1993, distinguished between gardaí who retired before the new law and those who left the force afterwards, giving the latter a better deal.

Members retiring after ’93 have their allowances, such as night duty pay etc., taken into account when calculating their pension. However, pre ’93 retirees like myself don’t get that. There is a big difference. It means we are being discriminated against.” The difference, according to Mr Murphy’s calculation, is about €40 a week, a considerable sum to anyone on a fixed income with bills to pay.

As well as the 800 garda retirees, there are a further 700 or so widows of gardaí who are similarly affected.

“Members of the force have to retire at the age of 57, irrespective of family circumstances,” he explained. “For many, that means trying to find another job to supplement their pension.”

He lobbied government politicians, including Ministers McDowell and O’Dea.

“I wrote to Mr McDowell three times but got no reply.

In a letter written by Mr O’Dea to Mr Murphy in 1996, the Limerick East Deputy agreed that the pension scheme was anomalous. In the letter dated October 22 of that year, Deputy O’Dea wrote: “I think the present scheme is operating in an unconstitutional manner. I think there is a fair chance that if it was challenged it would be found to be unconstitutional.”

Minister O’Dea was unable to respond yesterday to our request for a comment on the issue. Eddie O’Donovan, general secretary of the Garda Pensioners’s Association said his organisation would continue to lobby politicians on the matter. “We are hoping to try to win the goodwill of the Government to take a humane view of the situation,” he said.