A Garda who sued the Minister for Justice for subsistence for time spent guarding Mrs Nora Owen when she was Minister for Justice succeeded in his claim. Garda John McLoughlin of Malahide Garda Station was awarded £254.88 in Swords District Court yesterday.
Garda McLoughlin's claim was based on the fact that subsistence was normally paid if a garda was away from the home station for five or more hours. Although his duty shifts outside Mrs Owen's home in Malahide were only four hours long, he was also claiming for half-an-hour travelling time in either direction.
This travelling time was part of a formula contained in a 1975 circular used for calculating Garda overtime. The distance involved was only four-fifths of a mile from Malahide Garda Station to Mrs Owen's house.
The court heard while he was on duty, Garda McLoughlin had no shelter or meal breaks of any sort.
Supt Dan Walsh said subsistence was only paid for actual time away from the home station, not notional time.
Judge Sean Delap said he spent a lot of time considering this case, and referred to several other cases which revolved round the basis of "reasonable expectation". He said that based on the "expressed promise" of the 1975 circular which, had been adopted in claims made over the past 22 years, Garda McLoughlin was entitled to rely on the expectation that subsistence would be paid.