Garda criticism of sick leave changes rejected

Minister Brendan Howlin and the Department of Public Expenditure and Reform have rejected criticism concerning their handling of a bid by the four Garda representative bodies to be excluded from changes to public sector workers sick pay entitlements.

The cost of sick pay generally in the public sector was estimated to have cost the State €500m in 2012.

Principal officer Louise McGirr, in a statement to the High Court, rejected claims the views of Impact’s general secretary Shay Cody should not have been taken into account when the minister decided the new regulations would be applied to members of the force.

In proceedings against the minister, lawyers representing the Garda representative bodies said they were initially informed they would be excluded from the new regulations.

After applying for a derogation from the changes, the garda bodies claim that last December the minister made a sudden U-turn after Mr Cody threatened to ballot their members if the gardaí were not included.

The garda groups say the regulations will cause hardship to their members and that the changes should not apply to them given the nature of their work. Other groups such as employees at the Central Bank, the judiciary and the defence forces were excluded from the changes.

Ms McGirr said it was only right and proper that Mr Cody be informed of the Garda bid to be excluded. He was also the chair of Ictu’s Public Service Committee and had played a central role in the negotiations resulting in the sick regulations being changed.

Ms McGirr was responding to a statement of PJ Stone, general secretary of the GRA. He said the minister had changed his mind after Mr Cody threatened to ballot his members if the gardaí were excluded.

The GRA, AGSI, and the two organisations that represent Garda superintendents and chief superintendents have brought proceedings against the minister, following the implementation of provisions of the 2014 Public Service Management (Sick Leave) Regulations which reduce public service sick leave entitlements.

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

In a statement of opposition to the claim, the minister said he was fully entitled to introduce the regulations, claiming the cuts were needed to increase productivity and lower the cost of sick pay.

The case before Mr Justice Nicholas Kearns continues.