Garda promotion challenge resolved; applicant claimed 'whistleblower' question was inappropriate

Garda Keith Blythe had sought an injunction restraining the progression of the Garda Sergeant Promotion Competition until an internal appeal he had lodged in regards to an inappropriate question he claimed he was asked at an interview was fully investigated and completed.

Blythe's action arose of his concerns when he was asked the question regarding "whistleblowers" by a senior garda officer in the course of an interview conducted in April last as part of the competition for sergeant process.

As part of his action against the Garda Commissioner and the Minister for Justice Garda Blythe also sought a declaration that the conduct of the garda sergeant promotion system was tainted with irregularity and flawed and that he is entitled to advance to the Central Board interview.

He further sought damages for what he claims is a breach of contract and breach of duty on the part of the defendants.

The Minister and the Garda Commissioner, represented in the proceedings by Conor Power SC, had opposed the application, and rejected the Garda's claims about the promotion process.

Garda Blythe's case first came before the High Court last month, and was adjourned on occasions to allow discussions take place between the sides.

Today Andrew Walker Bl, for Garda Blythe told Ms Justice Caroline Costello that the matter had been resolved and the proceedings could be struck out.

No details of any settlement agreement were given in open court.

In his action Blythe, who is attached to the legal department in Garda Headquarters, Phoenix Park, Dublin had claimed the promotion system was without transparency, probity and fairness and was not based on merit as it was supposed to be.

He claimed he was the subject of a flawed interview as a result of inappropriate comments made by a Board member.

He claimed he had scored 205 out of 250 in the interview section and believed his performance had been hampered and his scores impacted by the ‘whistleblower’ remarks resulting in him not being selected to advance to the next stage.

He said that when the remarks regarding ‘whistleblowers’ had been made he deemed it as completely inappropriate and off-putting. Whilst he tried to maintain concentration and focus he said he had been left very much uneasy about the interjections.

Garda Blythe claimed that in other relevant sections of competence he had scored much higher and claimed that many candidates who got lower marks than him had been selected to go forward to the next stage of the competition.

After Garda Blythe was informed in June that he had not been selected to go forward he had made a formal complaint about the “inappropriate comments” of the Garda officer.