Beirne v Commissioner of an Garda Síochána

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1993
• Date: 01 January 1993

(S.C.)

(H.C.)

Beirne

and

Commissioner of An Garda Síochána

- Trainee garda -Assignment terminated - Commissioner of opinion that applicant unsuitable for continued employment by reason of misconduct - Whether decision capable of being subject to judicial review - Whether breach of fair procedures -Garda Síochána (Admissions and Appointments) Regulations, 1988 (S.I. No. 164), regs. 7, 8.

The applicant, a trainee garda, had successfully applied to the High Court for an order of certiorari in respect of a decision of the Commissioner of An Garda Síochána of 12 August, 1991, terminating his assignment as a trainee within the meaning of the Garda Síochána (Admissions and Appointments) Regulations, 1988 with effect from 21 August, 1991 (see [1992] ILRM 699) The appellant argued first, that the learned trial judge (Flood J.) erred in law in holding that his decision was capable of being a proper subject matter of an application for judicial review and, secondly, that there was no breach of fair procedures Held by the Supreme Court (Finlay C.J. and Egan J.; O'Flaherty J. dissenting) in dismissing the appeal, 1, the decision of the Commissioner of An Garda Síochána to terminate the training assignment of a trainee garda was within the ambit of those decisions which are subject to judicial review. 2...