Ireland breaking law by denying Garda unions

A landmark European decision is expected to rule that Ireland is breaching international laws by denying gardaí the right to form a trade union.

The Council of Europe ruling, due to be made public on May 17, will put pressure on the Government to grant garda associations trade union status.

Under the Garda Síochána Act 2005, gardaí are prohibited from being a member of a trade union, with all the bargaining rights and powers unions have, including strike action.

The 2005 Act updated legislation from 1924 which prevented trade union membership for gardaí. They are, however, allowed to be members of professional associations.

The Association of Garda Sergeants and Inspectors (AGSI) lodged a complaint with the Council of Europe’s European Committee on Social Rights — a committee that rules on whether signatory statutes conform to the European Social Charter which Ireland signed in November 2000 and ratified in January 2001.

The committee accepted AGSI’s complaint in 2012.

The complaint was made by the European Confederation of Police calling on the country to grant full trade union rights for police representative associations and, more specifically, the AGSI.

“Police associations in Ireland are not allowed to join an umbrella organisation such as Ictu (Irish Congress of Trade Unions, the Irish umbrella organisation to which trade unions in Ireland affiliate),” said the complaint.

“This means that the police representative associations are kept out of the overall national negotiations that Ictu conduct on behalf of their members, such as those on salaries in the public service.”

The complaint argued that Irish laws violated three provisions of the European Social Charter and breaches four rights, including:

n Right to affiliate to national umbrella organisations (Ictu);

* Right to fair pay agreement discussions;

* Access to Labour Court agreements;

* Right to collective action, including the right to strike.

The complaint said many European countries permitted their police to have strike powers: “This has been shown not to cause any adverse effects on the public including public safety.”

AGSI general secretary John Redmond declined to comment, saying the decision of the European committee was not being made public until May 17.

It is not clear how the Department of Justice will respond to the decision.

It will have knock-on effects for other police staff associations, including the Garda Representative Association which comprises rank-and-file gardaí.