Retired garda gets permission to challenge commissioner for second time in a year

Garda Paul Wallace received Gaeltacht allowance for four years and applied for its restoration but was refused on the basis that Letterkenny was not designated as a Gaeltacht area at the time

TG4 and Raidió na Gaeltachta have studios in Donegal and Garda Paul Wallace's role was part of a service to the entire county, including islands inhabited by Irish speakers. File picture

A retired Irish-speaking Garda sergeant from Donegal has been given permission by the High Court to challenge the Garda Commissioner's decision to refuse to reinstate his Gaeltacht allowances, which he says is costing him €249.38 a month in pension payments.

Paul Wallace of Burtonport, Co Donegal, has taken the case, his second this year, against the commissioner, seeking a court order quashing the allowance refusal.

In July 2025, Ms Justice Mary Rose Gearty granted Mr Wallace permission to seek relief over an alleged failure by An Garda Síochána to give reasons for the decision not to restore the allowance.

Those proceedings were settled on the basis that the respondent, the commissioner, would give reasons for the refusal.

At the High Court this week, Garda Wallace submitted that a notice he received last February regarding the reasons for the refusal were "unlawful, invalid, and of no legal effect".

Garda Wallace states in his court papers that he was attested as a Garda in 1985, was allocated to Monaghan Garda Station, and was promoted to sergeant in November 1993. He was allocated to Glencolmcille Garda Station in Donegal that month.

He submits that he was transferred to Letterkenny in June 1997 and then to Bun Beag in November 2000. Glencolmcille and Bun Beag are in Gaeltacht areas.

Garda Wallace accepted the position of divisional crime prevention officer in November 2002 and was transferred to Letterkenny where his role included giving interviews in Irish to print and broadcast media. 

TG4 and Raidió na Gaeltachta have studios in Donegal and the role was part of a service to the entire county, including islands inhabited by Irish speakers.

Garda Wallace received the Gaeltacht allowance for four years from 2003 and applied for its restoration in 2007 but was refused on the basis that Letterkenny was not designated as a Gaeltacht area at the time.

He took his Garda pension in 2014, which did not include his allowance, resulting in, he claims, him being deprived of €8,708.17 from his one-off gratuity payment and €249.38 a month from his regular pension.

He submits the commissioner erred in law concerning an allowance differentiation between Gaeltacht stations and Gaeltacht service stations.

Garda Wallace is claiming that the Commissioner "failed to take account of all relevant considerations" in the reasons provided rejecting his claim.

 Following his transfer from Glencolmcille, he said his service to Gaeltacht communities continued in Letterkenny.

He submits his "legitimate expectation" was that his application would be considered fairly and substantively by reference to the full Garda policy framework and would not be refused solely by reference to the absence of Letterkenny Garda Station from the historical list.

At the High Court, Paul McGarry, instructed by Sean Costello Solicitors LLP, successfully applied for judicial review. Ms Justice Gearty adjourned the matter to November.