Latest news with #GardaCommissioner
BreakingNews.ie
2 days ago
- BreakingNews.ie
Retired Garda given permission to challenge Garda commissioner over Irish-speaking allowance
A retired garda sergeant has been given High Court permission to challenge an alleged failure to decide on an application to restore his Gaeltacht allowance, which he claims affects his pension entitlements. Paul Wallace, of Burtonport, Letterkenny, is taking an action of judicial review against the Garda Commissioner over what he claims is their failure or refusal to determine his application to have the allowance restored to him following his January 2023 application. Advertisement Mr Wallace is also seeking a declaration from the court that the alleged continued failure to restore or even decide the matter is 'unlawful' in that it breaches the respondent's obligation to determine financial issues. It is also submitted that it results in Mr Wallace being unable to pursue any internal appeal, which he argues is in breach of fair procedures. Mr Wallace states in his court papers that he was attested as a Garda in 1985, was allocated to Monaghan Garda Station and was promoted to sergeant in November 1993. He was allocated to Glencolmcille Garda Station in Donegal that month. He submits that he was transferred to Letterkenny in June 1997 and then to Bun Beag in November 2000. Glencolmcille and Bun Beag are in Gaeltacht areas in Co Donegal. Advertisement Mr Wallace accepted the position of Divisional Crime Prevention Officer in November 2002 and was transferred to Letterkenny. There his role included giving interviews in Irish to print and broadcast media – TG4 and Raidió na Gaeltachta having studios in Donegal - as part of a service to the entire county, including Gaeltacht islands inhabited by Irish-speakers. At the time of his training, his competency in Irish was judged to be at 63 per cent - this rose to 82 per cent in 2003. Mr Wallace was in receipt of the allowance for four years from 2003 and in 2007 and applied for its restoration in 2007 but was refused on the basis that Letterkenny was not designated as a Gaeltacht area at the time. Advertisement In August 2020, however, Letterkenny was designated as a 'Gaeltacht service town' and the applicant claims he had given service to the Gaeltacht community since 2002. He reapplied for allowance consideration in January 2023 but retired in March 2024 without, he claims, any update from Garda HQ over his application. Ireland Man jailed for defiling employer's 15-year-old dau... Read More Mr Wallace took his Garda pension which did not include his allowance, resulting in, he claims, him being deprived of €8,708.17 from his one-off gratuity payment upon retirement and €249.38 a month from his regular pension. Mr Wallace claims that An Garda Síochána is under a duty to exercise statutory powers in a "prompt and reasonable manner" in terms of the rights of people to fair procedures. 'On any analysis, the respondent [the Garda Commissioner] has not acted promptly or reasonably in failing or refusing to take the decision in issue,' he submits. At the High Court on Monday, Ms Justice Mary Rose Gearty granted the application for leave brought by Paul McGarry SC, for Mr Wallace, and adjourned the matter to October.
Irish Times
3 days ago
- Irish Times
Retired garda can challenge Garda Commissioner over loss of Irish-speaking allowance, court rules
A retired Donega l garda sergeant has been permitted by the High Court to challenge his former employers in a bid to restore his Gaeltacht allowance as he claims losses to his pension entitlements. Paul Wallace, of Burtonport, Co Donegal, is taking the action against the Garda Commissioner over what he claims is their failure or refusal to determine his January 2023 application to have the allowance restored. Mr Wallace is asking the court to declare that the alleged continued failure to restore or even decide the matter is 'unlawful' in that it breaches the respondent's obligation to determine financial issues. He claims this is preventing him from pursuing any internal appeal, which he argues is in breach of fair procedures. READ MORE Mr Wallace says in his court papers that he was sworn in as a member of the Garda in 1985, posted to Monaghan Garda station and was promoted to sergeant in November 1993 when he was moved to Glencolmcille Garda station in Donegal. He said he was transferred to Letterkenny in June 1997 and then to Bunbeg in November 2000. Glencolmcille and Bunbeg are in Gaeltacht areas in Co Donegal. Mr Wallace accepted the position of divisional crime prevention officer in November 2002 and was transferred to Letterkenny. There his role included giving interviews in Irish to print and broadcast media, with TG4 and Raidió na Gaeltachta having studios in Donegal, as part of a service to the entire county, including Gaeltacht islands inhabited by Irish speakers. At the time of his training, his competency in Irish was judged to be at 63 per cent, rising to 82 per cent in 2003. Mr Wallace was in receipt of the allowance for four years from 2003 and in 2007 and applied for its restoration in 2007 but was refused on the basis that Letterkenny was not designated as a Gaeltacht area at the time. In August 2020 Letterkenny was designated as a 'Gaeltacht service town' but Mr Wallace claims he had served the Gaeltacht community since 2002. He reapplied for the allowance in January 2023 but retired in March 2024 without, he claims, any update from Garda headquarters over his application. Mr Wallace took his Garda pension, which did not include his allowance, resulting in, he claims, the loss of €8,708.17 from his one-off gratuity payment upon retirement and €249.38 a month from his regular pension. He claims the Garda is under a duty to exercise statutory powers in a 'prompt and reasonable manner' in terms of the rights of people to fair procedures. 'On any analysis, the respondent [the Garda Commissioner] has not acted promptly or reasonably in failing or refusing to take the decision in issue,' he argues. At the High Court on Monday, Ms Justice Mary Rose Gearty granted the application for leave brought by Paul McGarry SC, for Mr Wallace, and adjourned the matter to October.
BreakingNews.ie
08-07-2025
- BreakingNews.ie
Garda Commissioner challenges court granting disclosure to failed taxi licence applicants
An Garda Síochána is asking the High Court to quash a District Court judge's decision to order discovery of documents and costs in favour of 38 non-national drivers who appealed the refusals of their taxi licence applications. An Garda Síochána is currently acting as the taxi-licensing authority. Advertisement In the statement of grounds for the application for judicial review, which was granted leave for a hearing last month, the Garda Commissioner claims that the Dublin District Court judge who made the order last March acted outside the court's powers. The Commissioner was granted a stay last month on the orders of the District Court until the conclusion of the judicial review. The Commissioner accepts that District Court rules permit the making of discovery orders in civil proceedings. However, the Commissioner adds that in exercising its licencing jurisdiction, the court is not determining civil proceedings. At the High Court today, Kilda Mooney BL, for the Commissioner, told Ms Justice Mary Rose Gearty that the issue of the jurisdiction of the District Court in licensing cases was a matter currently under consideration by the High Court with a judgment expected soon. Advertisement Ms Mooney said that "in nearly all" of the cases voluntary disclosures had already been made by gardaí to the refused applicants. Ms Justice Gearty granted a stay on the District Court orders and adjourned the matter to October. The issue under appeal is the 'suitability' of the applicants to hold Small Public Service Vehicle (SPSV) licences. The drivers sought disclosure regarding the 'suitability' aspect of the application process as part of their appeals. In his affidavit, Garda Superintendent Stephen McCauley of the Dublin Regional Traffic Division, states the "fundamental duty" the licensing authority is charged with is to ensure public safety when awarding SPSVs. Advertisement Supt McCauley submits that the authority shall not grant a licence unless it is satisfied that the applicant is a 'suitable' person to hold a licence, as provided for in the Taxi Regulation Act 2013. "The Act provides that the authority should have regard to a broad range of matters in determining whether an applicant is a suitable person to hold a licence. "The matters include, but are not limited to: whether the applicant is of good character and any concerns raised regarding the applicant's suitability to hold a licence," he submits in his affidavit. Supt McCauley referenced a related High Court case, and submitted: Advertisement Ireland Government accepts super juniors are involved in C... Read More "The High Court has confirmed that in assessing the suitability of an applicant for a licence, the authority was entitled to have regard to the immigration status of an applicant and whether they were lawfully entitled to reside and work in the State." He said the authority was to "have regard to the immigration history of an applicant, including any findings of fraud or dishonesty in the assessment of a person's suitability". Supt McCauley said that the Carriage office in the Dublin Metropolitan Region alone deals with between 2,000 and 4,000 applications every year and that of these applications there is a refusal rate of only five per cent. "At all times, in making a decision to grant or refuse a licence, the issue of public safety is to the forefront of my decision," he said.
BreakingNews.ie
01-07-2025
- Politics
- BreakingNews.ie
Garda Commissioner allegedly found Dublin Airport employee posed risk to State security
The Garda Commissioner purportedly upheld the withdrawal of a Dublin Airport technician's security clearance after finding his 'ability to facilitate nefarious activity' within the airport poses a security risk to the State, having regard for 'what is known' about his 'associates'. Christopher Doyle (34), an employee of Dublin Aerospace since June 2022, lost his airport security clearance last November after failing a Garda 'security intelligence check', rendering him unable to work. Advertisement In proceedings that came before Ms Justice Mary Rose Gearty this week, Mr Doyle, of Claremont Lawns, Glasnevin, Dublin 11, wants the High Court to quash the Garda Commissioner's purported decision to dismiss his appeal of the failed security check. According to his court documents, Mr Doyle suspects that the failed security check arises from an incident in November last year, when he recorded another Dublin Aerospace employee pledging his support for Gerard 'The Monk' Hutch's 2024 general election campaign. Mr Doyle did not share the video to social media, but did send it to a number of his friends in a WhatsApp message. However, the video eventually surfaced on social media, where it was posted to various platforms by accounts connected to Mr Hutch's campaign. Mr Hutch, named in court as the head of the Hutch organised crime group, narrowly missed out on winning a seat in Dublin Central constituency last November. Advertisement The Garda Commissioner is ultimately responsible for undertaking security checks of Dublin Airport employees, according to Mr Doyle's court documents. In December, Mr Doyle appealed the decision to fail his security check. In April, Mr Doyle says the Garda Commissioner wrote to him, declining his appeal of the security clearance failure. 'In my view, given what is known in relation to a number of your associates, a risk potentially arises around your ability to facilitate nefarious activity within restricted areas of the airport thus creating what I consider to be an unacceptable security threat to Dublin Airport and by extension the State,' the commissioner stated, according to Mr Doyle's documents. Advertisement Mr Doyle says he has no criminal convictions and is not involved in criminality. He says that as far as he is aware, none of his family or associates have any links to criminality, and none are involved in any conduct that would justify withdrawing his security clearance. Remy Farrell SC, appearing with Eoin Sreenan BL for Mr Doyle, on Monday sought permission to bring proceedings seeking an order quashing the Garda Commissioner's appeal determination. It is Mr Doyle's case that the decision not to recommend him for security clearance is 'unreasonable, unlawful, irrational', and is in breach of his constitutional rights and fair procedure. Ms Justice Gearty gave permission to counsel to bring the proceedings against the Garda Commissioner and the Minister for Justice, with Dublin Airport Authority (DAA) a notice party in the action. In March, Mr Doyle brought separate proceedings against DAA, the Minister for Justice and the Garda, seeking to compel the completion of his appeal of the failed security check. The proceedings were struck out after the Garda Commissioner communicated his decision on the appeal to Mr Doyle.
Irish Times
30-06-2025
- Politics
- Irish Times
Garda Commissioner allegedly found Dublin Airport employee posed risk to State security
The Garda Commissioner purportedly upheld the withdrawal of a Dublin Airport technician's security clearance after finding his 'ability to facilitate nefarious activity' within the airport poses a security risk to the State, having regard for 'what is known' about his 'associates'. Christopher Doyle (34), an employee of Dublin Aerospace since June 2022, lost his airport security clearance last November after failing a Garda 'security intelligence check', rendering him unable to work. In proceedings that came before Ms Justice Mary Rose Gearty on Monday, Mr Doyle, of Claremont Lawns, Glasnevin, Dublin 11, wants the High Court to quash the Garda Commissioner's purported decision to dismiss his appeal of the failed security check. According to his court documents, Mr Doyle suspects the failed security check arises from an incident in November last year when he recorded another Dublin Aerospace employee pledging his support for Gerard 'The Monk' Hutch's 2024 general election campaign. READ MORE Mr Doyle did not share the video to social media but did send it to a number of his friends in a WhatsApp message. However, the video eventually surfaced on social media, where it was posted to various platforms by accounts connected to Mr Hutch's campaign. Mr Hutch, named in court as the head of the Hutch organised crime group, narrowly missed out on winning a seat in Dublin Central constituency last November. The Garda Commissioner is ultimately responsible for undertaking security checks of Dublin Airport employees, according to Mr Doyle's court documents. In December, Mr Doyle appealed the decision to fail his security check. In April, Mr Doyle said, the Garda Commissioner wrote to him, declining his appeal of the security clearance failure. 'In my view, given what is known in relation to a number of your associates, a risk potentially arises around your ability to facilitate nefarious activity within restricted areas of the airport, thus creating what I consider to be an unacceptable security threat to Dublin Airport and by extension the State,' the commissioner stated, according to Mr Doyle's documents. Mr Doyle said he has no criminal convictions and is not involved in criminality. He said that as far as he is aware, none of his family or associates have any links to criminality and none are involved in any conduct that would justify withdrawing his security clearance. Remy Farrell SC, appearing with Eoin Sreenan BL for Mr Doyle, on Monday sought permission to bring proceedings seeking an order quashing the Garda Commissioner's appeal determination. It is Mr Doyle's case that the decision not to recommend him for security clearance is 'unreasonable, unlawful, irrational', and is in breach of his constitutional rights and fair procedure. Ms Justice Gearty gave permission to counsel to bring the proceedings against the Garda Commissioner and the Minister for Justice, with Dublin Airport Authority (DAA) a notice party in the action. In March, Mr Doyle brought separate proceedings against DAA, the Minister for Justice and the Garda, seeking to compel the completion of his appeal of the failed security check. The proceedings were struck out after the Garda Commissioner communicated his decision on the appeal to Mr Doyle.
