Gardaí challenge new rules on sick pay

Public Expenditure Minister Brendan Howlin made a sudden U-turn to include gardaí with other public servants in new sick leave regulations after a senior trade union official threatened to ballot their members, the High Court has heard.

Yesterday, in a legal challenge by the four bodies that represent members of An Garda Síochána, High Court President Mr Justice Nicholas Kearns was told members of the force had been informed they would be initially excluded from the new regulations.

As part of the new regulations, sick leave on full pay has been reduced from six months to three.

Barrister Fechin McDonagh, SC, for the garda representative bodies, said information revealed that Minister Howlin changed his mind after Shay Cody, general secretary of Impact trade union, threatened to ballot his members if gardaí were not included.

When Judge Kearns said that very serious statements were being made in relation to Mr Cody, who was not a party to nor represented in court, Mr McDonagh said it was not suggested Mr Cody had done anything unlawful.

Mr McDonagh said it was inappropriate for the minister to take Mr Cody’s views into account when considering whether or not to include gardaí in the scheme.

The case against the Minister concerns the implementation of provisions of the 2014 Public Service Management (Sick Leave) Regulations which reduce public service sick leave entitlements and were introduced in April.

The Garda representative bodies claim the regulations were brought in without proper consultation and are irrational and incomprehensible.

They claim the enactment of the regulations was outside the powers of the Minister, breached fair procedures and that they had a legitimate expectation nothing would be done until negotiations between the Department and Garda representatives were completed.

In a statement of opposition, the Minister says he was fully entitled to introduce the new regulation designed to ensure savings of public monies. The Minister claims the cuts are needed to increase productivity and lower the cost of sick pay to the public sector.

The Garda bodies, who say the regulations will cause hardship to their members, had sought a derogation from the regulations.

The case, which is expected to last for a number of days, continues today.