Garda Commissioner Fachtna Murphy today expressed his concerns about the decision of the Garda Representative Association (GRA) to ballot its members for possible industrial action during a meeting with the union.
In a meeting attended by GRA president Michael O’Boyce and general secretary PJ Stone, Mr Murphy gave the union a letter setting out the potential civil and criminal legal implications of the proposed action as advised to him by the Attorney General.
The GRA yesterday announced it is organising a ballot of its members even though industrial action by a Garda member, or inducing gardaí into such action, is a crime punishable by five years in prison under provisions in the Garda Síochána Act 2005.
The association said it had decided to take the unprecedented step because of the erosion of its members’ pay and because its members have urged the GRA to show stronger leadership.
During today's meeting, the president and the general secretary undertook to discuss the contents of the letter they received with their Central Executive Committee.
Minister for Justice Dermot Ahern yesterday mounted a strongly-worded attack on the GRA, saying its ballot plan was an “affront to democracy” that would do huge damage to the force and would not be tolerated by the Government.
He reminded the association’s national executive that any garda who took industrial action would be breaking the law, and said that those who facilitated such action left themselves open to criminal prosecution and civil actions.
“I would strongly urge the executive to take legal advice,” he said, expressing surprise it had not already done so," he said. "The people who uphold the law can’t be law-breakers. No society can countenance that, no democracy can countenance that.”
Informed sources said the Government could initially apply to the courts for an injunction to prevent the ballot.