Two men denied entry to a Garda Síochána for being over 35 years old and received € 12,700 each

TWO MEN who were denied entry to An Garda Síochána due to age discrimination have been awarded € 12,700 each.

The Irish Human Rights and Equality Commission (IHREC) has welcomed the judgments released today confirming that the age restrictions imposed to prevent people aged 35 and over from joining the Garda Síochána as apprentices are discriminatory.

The Commission provided legal representation to both men at the center of today’s cases to challenge this discrimination that.

Brian Fitzpatrick and Ronald Boyle had tried to join the Garda Síochána between 2005 and 2007, but were denied entry under Garda regulations, which set the upper age limit for apprenticeship at less than 35 years.

Following their rejection, the men filed complaints with the Equality Court on the grounds that the maximum age limit for entering the Garda Síochána amounted to age discrimination under the Employment Equality Act 1998, which is national legislation giving effect to the EU Framework Directive. on equal treatment in employment.

The cases focused on whether the Garda Commissioner could demonstrate that the application of an upper age limit in the regulations was justified as a genuine professional requirement or on the basis of compliance with a legitimate employment policy under the relevant provisions. of national and EU legislation.

The WRC judges found that the age limit applied to the Garda applications of the two men was not proportionate and was discriminatory.

The judge concluded that the Garda Commissioner had not shown that there would be a significant number of Gardaí members unable to perform physically demanding tasks if this upper age limit was not applied.

Nor had the Garda Commissioner demonstrated that the maximum age for hire could be justified on the basis of training requirements or the need for a reasonable period of employment before retirement.

Anguish

The maximum compensation possible according to the equality legislation in force at that time was awarded to each man of € 12,700 for “the anguish suffered as a result of this discrimination.”

The Commission has asked Justice Minister Helen McEntee to review this age limit in order to harmonize it with other police forces internationally, including the UK, and in line with the Commission’s findings on the future of policing in Ireland, which stated that “Age diversity should be encouraged. The current maximum age limit of 35 is out of date and should be removed. “

IHREC Chief Commissioner Sinéad Gibney said:

“Discrimination has real and significant impacts on people. These two men were arbitrarily denied any prospect of serving the state as members of the Garda Síochána due to their age, and their professional aspirations were subsequently frustrated. “I give credit to Brian and Ronald’s determination to persevere with their cases despite such a long delay to secure today’s decisions. We hope that their work to ensure justice will pave the way to ensure that others do not suffer this type of age discrimination when trying to join the Garda Síochána. “

Responding to the ruling in his case, Ronald Boyle said The newspaper the discrimination he faced “was not based on my ability, but solely and exclusively on my age.”

“I call on the Minister of Justice, Helen McEntee, to end this ongoing prejudice in the same way that previous discriminatory rules, such as height and sight requirements, have been abolished and to align An Garda Síochána with neighboring police forces, where my fellow Irish citizens do not suffer such discrimination. “

A spokeswoman for An Garda Síochána said she will review today’s ruling and discuss it with the Justice Department.

“In accordance with the Commission’s recommendations on the future of the police, an expert group, which is chaired independently, has been established to review learning and development in An Garda Síochána. A subset of this group will seek entry routes to An Garda Síochána, including entry requirements, ”the spokeswoman said.