AGSI action against Garda Commissioner will not proceed, court told

Agsi Action Against Garda Commissioner Will Not Proceed, Court Told
The issue of costs will argued before the court later this month. Photo: PA Images
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High Court reporters

A legal action by the Association of Garda Sergeants and Inspectors (AGSI) against the Garda Commissioner Drew Harris over proposed rostering arrangements is "not proceeding", the High Court has heard.

The action was due to be heard in November and was expected to last for three days.


However, when the matter came before Mr Justice Mark Sanfey on Thursday, the court was told that the hearing was not going ahead as it had become pointless or 'moot'.

This is because the Garda Commissioner has asked parties, including the AGSI, to enter into discussions regarding new rostering agreements. The AGSI has agreed to participate in these talks.

Paul McGarry SC, for the AGSI, told the judge that the issue of garda rostering is one of "public controversy" involving the Garda Commissioner and the different Garda representative bodies.

However, Mr McGarry said, in light of recent developments, his side believes the action is now moot and the proposed hearing does not need to proceed.


The hearing date in November could be vacated, counsel added.

Mark Connaughton SC, for the Garda Commissioner, agreed the hearing did not need to proceed.

Mr McGarry also told the court that the issue as to which of the parties should pay the legal costs of the action remains outstanding between the sides.

In adjourning the case, the judge agreed that the issue of costs can be argued before the court later this month.



The AGSI launched its action earlier in relation to proposed rostering arrangements, designed to replace those which were introduced as a response to the Covid-19 pandemic.

The AGSI laimed that certain proposals were introduced which would have an adverse impact on its members' health, safety and family lives.

They claimed that while it wanted to agree new rostering arrangements, certain proposals put to it by the Garda Commissioner last year were not acceptable.

Arising out of the failure to reach an agreement, the AGSI had been concerned that the Garda Commissioner would have put a roster in place without the representative's body's agreement.


As a result of those proposed changes, the AGSI asked the High Court to grant an injunction stopping the Garda Commissioner from unilaterally imposing a new rostering schedule on its 2,500 members.

It had also sought orders preventing the Garda Commissioner from extending working arrangements put in place during the pandemic, and that the Garda Commissioner exhaust all internal Garda dispute resolution procedures before seeking the assistance of the Workplace Relations Commission.

The Garda Commissioner had opposed the AGSI's application.

The action first came before the court last March and has been adjourned from time to time to allow for talks outside of court.

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