A LEGAL challenge by the Minister for Justice and Garda Commissioner to a decision of the Equality Tribunal to hear complaints by three people over being refused entry to the Garda because they are aged over 35 has opened before the High Court.
The Minister and commissioner contend that the Equality Tribunal has no jurisdiction to inquire into the legality of the upper age limit of 35 for the Garda and are seeking court orders preventing the hearing. The dispute arises from Garda regulations which stipulate that persons must be aged between 18 and 35 before they can be accepted into the force.
The upper age limit was 26 years until 2004 when it was revised upwards to 35.
The complainants are Ronald Boyle (48), Gerard Cotter (39) and Brian Fitzpatrick (39), who had applied to join the Garda and were refused.
They then complained to the Equality Authority alleging discrimination on age grounds and it referred the matter to the Equality Tribunal, which was due to sit on August 8th last.
The Minister and the commissioner had asked the tribunal to first examine whether it had jurisdiction to deal with the issue.
When the tribunal refused to do so, the Minister and Commissioner initiated a High Court judicial review challenge to that refusal and the full hearing opened yesterday before Mr Justice Peter Charleton.
The Minister and commissioner want a declaration that the tribunal acted unreasonably and unfairly in failing to hear them on the jurisdictional point as a preliminary issue.
They claim the tribunal also failed to give appropriate and adequate reasons for its refusal.
The tribunal failed to properly construe and apply the Equality Act 1998, acted outside its powers and erred in law, it is claimed.
Because the tribunal had denied the Minister and the commissioner the opportunity of appealing any decision it might make, the judicial review had to be sought, it is further argued.
The Minister and commissioner also contend the rules relating to age for Garda entry – the Garda Síochána (Admissions and Appointments) Regulations 1988 and 2004 – are consistent with both the Equality Act and the relevant EU directive.
Opening the case, Brian Murray SC, for the Minister and Commissioner, said there is no authority for an inferior body, in the legal sense of the word, to deal with the validity of a law.
That was a matter for the courts and legislature, he said.
In opposing the action, the tribunal and the three complainants argue that the tribunal is entitled to deal with the issue under the Employment Equality Acts 1998-2007 and in accordance with an EU equality directive (2000/78/EC) made in 2000 dealing with the principle of equal treatment under a number of headings, including age.
They also say the tribunal is entitled, within its jurisdiction, to have regard to EU directives, in particular where a complaint is against the State.
The hearing continues.