No injunction over ‘flawed’ garda recruitment process

An assistant Garda commissioner who claimed the Garda Commissioner asked him unfair questions about his views on left-wing political “extremists” while being interviewed for the position of deputy commissioner has been refused injunctions restraining the recruitment process for the post.

John Fintan Fanning alleged the nature of the questions, along with several other factors, rendered the conduct of the recruitment process unfair and flawed.

In opposing his case, the Public Appointments Service and the State denied Mr Fanning was asked questions about his own political views and said the questions related instead to his views concerning the main security threats confronting the State.

Mr Fanning had sought injunctions, to apply pending the outcome of his full High Court action, restraining further continuation of the recruitment process for the position. In a judgment yesterday, Mr Justice David Keane refused those injunctions on grounds including Mr Fanning had failed to make out a fair issue to be tried concerning his claims.

The judge said damages would not be an adequate remedy for the respondents should the recruitment process remain stalled and the balance of convenience was against granting the orders. The issue of costs will be addressed next month.

Conor Power, for the respondents, said their undertaking not to continue with the recruitment process would now be lifted .