State withdraws appeals against findings of age discrimination in An Garda Síochána

Case of men denied entry to gardaí on age grounds had become 'academic' following the raising of new entrant age limit to 50, court told

The Labour Court found last February that the Garda age limit of 35 for new applicants was discriminatory on grounds of age. File picture: Eamonn Farrell/RollingNews.ie

The State has withdrawn its appeals against findings that An Garda Síochána discriminated against two men who were refused access to employment within the force due to their age.

The Labour Court found last February that the Garda age limit of 35 for new applicants was discriminatory on grounds of age.

The Commissioner of Garda Síochána and the minister for justice and equality initiated a High Court appeal of the decisions in the cases of Ronald Boyle and Brian Fitzpatrick, who were aged 48 and 37, respectively, applying to join the Garda.

In the meantime, the Cabinet approved increasing the new entrant age limit to 50.

The High Court was this week told that in light of the changes, the case had become “academic”, if not moot, and the State was withdrawing its appeals.

Ms Justice Niamh Hyland noted the proceedings were being withdrawn.

The Labour Court ordered An Garda Síochána to pay €12,700 each to Mr Boyle and Mr Fitzpatrick, represented by the Irish Human Rights and Equality Commission, after finding they were discriminated against on grounds of age.

This followed a contested hearing that involved Garda Commissioner Drew Harris telling the court he believed the age cap of 35 was “essential”.

The court’s deputy chairwoman Louise O’Donnell said the age limit of 35 “is not appropriate or necessary” and ”does not constitute a genuine and occupational requirement”.

She said she made the findings having regard to the objective of training Garda recruits and the need for a reasonable period for a recruit to be effective in the job before retiring.

Mr Boyle’s 2005 application to join the gardaí, at aged 48, was not processed, and he was advised by the Public Appointments Service that he did not meet the eligibility requirements due to the upper age limit.

Mr Fitzpatrick applied at the age of 37, and his job application was similarly not advanced.

Mr Boyle told the Labour Court he was then and still is physically fit and that it was his lifelong ambition to be a garda.

Their Labour Court wins came after An Garda Síochána and the minister appealed the Workplace Relations Commission’s decision to award them compensation of €12,700 each.

In a statement on Thursday, the Irish Human Rights and Equality Commission’s director, Deirdre Malone, said the organisation welcomed the State’s withdrawal of its appeals.

She said the cases brought by Mr Boyle and Mr Fitzpatrick “proves that there is absolutely no place for age discrimination in the workplace in Ireland today”.

“After so many years fighting against the ageist discrimination they experienced, I thank both men for their persistence and wish them well in their futures,” she added.