Garda sergeant launches fresh action over €23,000 of expenses

The expenses claim at the centre of the action relates to the period when Sgt Dunne was stationed in Coolock Garda Station in Dublin. File photo: Leon Farrell Photocall Ireland

A Garda sergeant has brought a fresh High Court action over an alleged failure to process or pay an expenses claim for €23,000 he submitted over four years ago.

The action has been brought by Sgt Patrick Dunne who in August 2019 made a claim for subsistence expenses, covering a four-year period between July 2014 to October 2018. It was to cover expenses, including travel costs, incurred by the sergeant while he was working at a Dublin Garda Station.

Last year, he brought proceedings against the Garda Commissioner, the Minister for Justice and Equality, Ireland and the Attorney General, where he sought various reliefs including an order requiring the Commissioner to assess the application for subsistence expenses filed in August 2019.

The matter was settled in March following out of court talks. The terms of that agreement included that the case could be struck out and that the expenses application would be assessed and determined within a period of three months.

Fresh action

On Monday, Anthony Moore SC, appearing with James Lawless Bl for Sgt Dunne told the court the matter had been settled on the basis that his client's expenses application would be processed in a timely fashion.

However, the respondents, it is claimed, have allegedly failed to comply with their obligations under the settlement agreement, and have not assessed nor determined the expenses claim.

Sgt Dunne again seeks an order from the court compelling the Commissioner to assess and determine the expenses claim furnished in 2019. He also seeks various declarations including that he has legitimate expectation that the Commissioner would process the claim in a timely fashion.

As was the case with his first action, Sgt Dunne's latest case is against the Garda Commissioner, the Minister for Justice and Equality, Ireland and the Attorney General.

The matter came before Ms Justice Niamh Hyland, who on an ex-parte basis, directed that the leave application be made on notice to the respondent's lawyers.

When the matter returns before the court early in the New Year, the judge said that she can hear what the respondents have to say about the claim that they have not allegedly adhered to the settlement agreement.

The judge also questioned if bringing fresh judicial review proceedings was the correct way to enforce a settlement. In reply, Mr Moore said his client's approach is the correct one to take in terms of getting the matter resolved.

Case background

The expenses claim at the centre of the action relates to the period when Sgt Dunne was stationed in Coolock Garda Station in Dublin. He was relocated to Coolock from Swords Garda Station where he was officially stationed.

Under the Garda Finance Act, and the Garda Finance Code, he alleges that he is entitled to a subsistence allowance, to cover things including travel, for every day he worked at Coolock.

After being moved to Coolock he asked to be officially stationed there. That request was refused by the Garda Commissioner, he claims.

Sgt Dunne claims he submitted his expenses claim in August 2019 to cover a four-year period. For some reason, he says, his claim has not been determined or assessed by the Garda Commissioner.

He claims that there is no justification for the Commissioner's alleged inaction in assessing his expenses claims. As a result, in July 2022 he brought a High Court action where he sought an order compelling the Commissioner to assess his application.