Gardaí entitled to special treatment as vital public servants

There is an increasing sense of alarm as the November 4th date for the Garda associations’ withdrawal of labour draws ever closer.

There are two competing narratives. First where the Government recites the mantra that there is only one game in town for trade unions in the public sector. This is the Lansdowne Road agreement path to pay restoration. Additionally, the Government says there is no money to pay for derogations from that approach.

The alternative narrative is one promoted by the Garda Representative Association (GRA) and the Association of Garda Sergeants and Inspectors (AGSI). The associations say that they do not enjoy the freedoms and privileges afforded to the wider public sector .

Cannot strike

Gardaí are legally prevented from striking and they are prevented from organising such events. These provisions clearly express the States recognition of the role of An Garda Síochána as the security and policing service of the country and the obligations which go with the position. The associations should use this unique position to their advantage rather than seeing it as a negative in current circumstances.

It is very important that due weight be given to the fact gardaí do not enjoy trade union status and that categorisation sets them apart from the process of collective bargaining. It also denies them the right to strike. An equivalent process was provided for in the conciliation and arbitration scheme. The austerity programme essentially blew the scheme away. The scheme was not of great benefit in any case because the Government side essentially owned it. Government could apply the brakes at will and a simple decision not to appoint an arbitrator could effectively delay negotiation indefinitely.

Routine danger

Another consideration relates to the nature of the role and function of An Garda Síochána. Gardaí literally put their lives on the line, and many have paid the ultimate price. They face violence and intimidation and are subject to “routine” danger on a recurring basis. The general public depends on their protection from criminals and criminal actions. The families of gardaí may face negative issues due to occupational hazards associated with the policing role. Late-night threatening phone calls or direct intimidation of officers is not unknown.

Gardaí are by definition a special case and the challenge for the negotiators on both sides is to empirically define that special position in a credible and sustainable manner.

It is also fundamentally important that the Government has a security service and police service, which it can rely on regardless of other considerations. A functioning democracy requires this buttress against anarchy. It is no accident that most attacks on the State commence with attacks on the policing service. State policy recognises the fundamental principle that the protection of civil society requires the services of a full-time State security and policing service for its own protection. This is no lightweight consideration and should weigh heavily on an analysis of the relative position of An Garda Síochána in industrial relations policy.

Years of austerity

There is an overwhelming need to work the process on this dispute. Gardaí are angry and demoralised after years of austerity and they are also angry having regard to the steady stream of criticism levelled in their direction from many sides.

There is also evidence all is not well at the most senior levels. These sentiments present a lethal cocktail and can easily promote a siege mentality where compromise is hard to achieve. It is recognised that some criticism is well-merited but some commentary is superficial and self-serving.

Significantly, there is a very big responsibility on the Minister for Justice and the Garda Commissioner to show inspired leadership. Traditionally commissioners have adopted a stance of non-interference in these disputes. This position is clearly redundant now. It is open to the Garda Commissioner to endorse pay restoration as a key principle while at the same time making clear privately to the associations that walking away from their responsibilities is a bridge too far.

Public safety

A countrywide Garda strike would be a dramatic event with many unforeseen circumstances. Such an event could not be considered just a “normal” industrial relations dispute. It would have serious political consequences and also would cause a serious crisis in Garda management. A police and security service cannot function with parallel command structures. However the most dramatic effect is the likely negative impact on public safety and community confidence. A honourable compromise must be found in the time remaining.

John O'Brien is a former detective chief superintendent and former national head of Interpol and Europol