THE Garda Siochana does not allow its members to engage in overt political activity and certainly, under normal circumstances, does not countenance open criticism of a government minister.

There are, however, exceptions. In granting gardai the right to representation, during negotiations with the first leader of the Garda Representative Association, Mr Jack Marrinan, the State conceded that, in certain circumstances, a representative might wish to make statements which could be construed by management as straying beyond the bounds of statutory circumspection.

Mr Marrinan established that where a representative official felt compelled to comment, in pursuance of his work, on an issue which could be construed as political, he would not face transfer to a far flung station.

Clause 2.6 of the Memorandum of Understanding between the representative bodies and the Minister for Justice virtually precluded a Garda representative from disciplinary action for making political statements.

It reads: "It is recognised that if a member is to discharge effectively his duties as an elected representative he is liable at times to find it necessary to make his points with greater freedom of expression than might be considered appropriate in the context of official work as a member of a disciplined Force.

"Accordingly, while the member must at all times be subject in the formal sense to the Disciplinary Code, it is agreed that, provided he does not exceed what could reasonably be regarded as bona fide representative duty or act in a way seriously incompatible with his duty as a member of the Force, his work as a representative body spokesman will not make him liable for disciplinary action.

"Moreover, so that members may have the reassurance provided by a requirement of a second operation it is further agreed that no disciplinary proceedings shall be maintained (or, in circumstances of urgency, commenced) without the consent of the Minister."

This week, Mr Marrinan's agreement came back to haunt the offices of the Minister for Justice and the Garda Commissioner.

After almost two weeks of political pressure on Nora Owen, arising from the mistake in the transfer of Judge Dominic Lynch which led to the release and rearrest of 16 prisoners, thud GRA felt able to join in the fray. The association's magazine, Garda Review, referred in its editorial to an enormous cock up". It accused the Minister of extraordinary arrogance and total lack of a sense of accountability.

Under Garda regulations Mr John Ferry, the current general secretary of the association, who is a serving garda and who criticised Mrs Owen on Tuesday, could be formally disciplined or brought before the Assistant Commissioner for personnel, and informally admonished. By yesterday there was no sign of either response.

Government and Garda sources are predicting that the incident will be ignored. Many gardai feel the statement was designed to assail a Minister at a vulnerable point in her career.

It is, in effect, only the latest in the series of controversies which have surrounded the representatives of the 8,000 men and women of garda rank in the past three years.

Mr Ferry oversees a GRA which has been reduced by the breakaway of 2,500 members, who formed the still unofficial representative association, the Garda Federation, and the defection of a further 1,100 members belonging to four rural Garda divisions who no longer subscribe to the GRA's central executive.

In the past 18 months, since the Government has embarked on a mission to legislate for a new association which would attract the broad support of all officers of garda rank, the GRA leadership has increasingly felt its back against the wall.

AS well as the brushes with authority, it has been involved in costly litigation. This will culminate on February 28th next, when the GRA meets the Minister, head on, in the High Court over her decision to stop an internal GRA election by use of a statutory instrument. The case, which is expected to last three to four weeks, could turn into a challenge to a Bill, still before the Dail, which seeks to set up a new association.

If the GRA wins, it will have established itself in a much stronger position, virtually achieving the status of a fully fledged trade union independent of control by its members' employers, in this case the Government.

If it loses, it will forfeit a substantial part of its members" money in legal costs and will be seriously weakened. Aside from the litigation, doubts are also emerging about the Government's legislation.

The Bill to set up the association is due for committee, stage two days before the Dail recess on December 19th. It still has the Dail and Seanad stages to complete before a looming deadline. It includes provision for elections for a new associations leadership on March 31st next year: this is why the Minister stopped the internal GRA elections in August which led to the court challenge. If the legislation fails to reach its final stages before the deadline, it could fall.

There are suspicions that the Government and Opposition simply do not want to be involved in such potentially controversial legislation before a spring general election. One way or another, all sides feel the internal Garda dispute and the controversies surrounding it will continue.