THE MINISTER for Justice and Garda Commissioner have brought a High Court action claiming the Equality Tribunal is not legally entitled to determine complaints that the upper age limit of 35 for joining the Garda amounts to age discrimination.
The Minister and the commissioner yesterday secured leave to bring judicial review proceedings aimed at preventing the tribunal hearing the claims next month. The Equality Authority is a notice party to the action.
Mr Justice Michael Peart also granted a stay on the tribunal hearing, due to take place on August 8th.
In that hearing, three people are claiming they are being discriminated against on grounds of age because they are over 35 and therefore not entitled to join the force.
In their challenge, the Minister and commissioner are seeking a declaration that the tribunal has no jurisdiction to determine the validity of legislation covering the maximum age limit for entry into the Garda Síochána.
They say the tribunal failed to investigate this jurisdictional issue as a preliminary matter before proceeding with arrangements for the August 8th hearing. The tribunal acted unreasonably and unfairly in failing to hear them on this issue and in failing to give appropriate and adequate reasons for its decision, it is claimed.
Brian Murray SC, for the Minister and commissioner, told the court yesterday that the matter concerned three people who had applied to join the force as trainees.
They were turned down because recruitment to the Garda is governed by the Garda Síochána (Admissions and Appointments) Regulations 1988 and 2004, which preclude the commissioner from admitting people to the force unless they are “at least 18 years but under 35 years of age”, Mr Murray said.
The three people concerned appealed the matter to the Equality Authority who then referred it to the Equality Tribunal.
Mr Murray said the tribunal had argued that it was entitled to deal with the issue under the Employment Equality Act 1998 and in accordance with an EU equality directive made in 2000.
However, he added, the Minister and commissioner contended there was no authority for an inferior body, in the legal sense of the words, to deal with the validity of law.
This role rested with the courts and the legislative authority, Mr Murray said.
In their application, the Minister and Garda Commissioner say the tribunal failed to construe and apply properly the 1998 equality legislation, it acted outside its powers and erred in law.
The tribunal had denied the Minister and the commissioner the opportunity of appealing any decision it might make, thus necessitating the judicial review proceedings, they say.
The Minister and commissioner also say that the regulations on age for Garda entry are consistent with both the Equality Act and the EU directive.
Mr Justice Peart granted leave and returned the case for directions to the High Court judicial review list later this month.