An Garda Síochána to appeal ruling that found age limit for new recruits is discriminatory

The WRC had ruled that the Garda Commissioner had not demonstrated that there would be a significant number of gardaí unable to perform physically demanding tasks if the upper age limit was removed

The Irish Human Rights and Equality Commission has noted that the Commission on the Future of Policing in Ireland has also claimed that the maximum age limit of 35 years was “outdated and should be scrapped.” Photo: Eddie O'Hare

An Garda Síochána is to appeal a landmark ruling that it discriminated against two men whose applications to join the force were refused because they were over the 35-year age limit.

The Labour Court will hold a preliminary hearing this week of an appeal by Garda management against the finding in 2020 by the Workplace Relations Commission that they had discriminated against Brian Fitzpatrick and Ronald Boyle who had applied to become Garda recruits between 2005 and 2007.

The Garda Síochána (Admission and Appointments) Regulations 1988 set an upper age limit of 35 years for entry as a trainee to the force.

The WRC ordered An Garda Síochána to pay each man an award of €12,700 - the maximum compensation allowed under equality legislation when they initiated their cases in 2008.

The WRC said the award was for “the distress suffered as a result of this discrimination.” Both An Garda Síochána and the Department of Justice are listed as appellants in the case before the Labour Court on Thursday.

The case also involves the Irish Human Rights and Equality Commission which has legally represented Mr Fitzpatrick and Mr Boyle in their long-running legal battle which has also involved the Court of Justice of the EU following a referral by the Supreme Court.

The Equality Tribunal (which subsequently became the WRC) had appealed a High Court ruling in a judicial review case taken by the Department of Justice in 2009 which found that the tribunal was not empowered to hear cases which implicitly gave it competence to overrule national legislation such as age restriction measures for recruiting gardaí.

The long-running series of challenges put the case on hold until the CJEU clarified in 2018 that the WRC had jurisdiction to make a finding that national law was in breach of EU employment equality legislation.

An Garda Síochána and the Department of Justice had contended that the competent body for seeking redress for discrimination in such cases was the High Court.

The case centred on whether the Garda Commissioner could show that the application of an upper age limit was justified as a genuine occupational requirement or on the basis of fulfilling a legitimate employment policy under the relevant national and EU legislation.

The WRC ruled that the age limit as applied to the applications by Mr Fitzpatrick and Mr Boyle was not proportionate and was discriminatory.

It concluded that the Garda Commissioner had not demonstrated that there would be a significant number of gardaí unable to perform physically demanding tasks if the upper age limit was removed.

The WRC said Garda management had also not shown that the maximum recruitment age could be justified on the basis of training requirements or the need for a reasonable period of employment before retirement. Following the ruling, the IHREC called on the Minister for Justice to review the age limit on Garda recruitment.

It noted that the Commission on the Future of Policing in Ireland has also claimed that the maximum age limit of 35 years was “outdated and should be scrapped.” The IHREC declined to comment on this week’s appeal hearing when contacted.

In appealing the WRC ruling, Mr Boyle said it appeared that the State was putting its own interests “ahead of the rights of individuals to be treated fair and equally.” A spokesperson for the Minister for Justice, Helen McEntee, said it would be inappropriate to comment on the case due to the ongoing appeal before the Labour Court.

However, the spokesperson pointed out that a report by an expert group established to examine the issues of Garda recruitment, trainee education, entry pathways and learning and development was currently being considered by the Garda Commissioner, Drew Harris.