Complainant

Respondent

Parties

Mark J. Savage

Ireland and/or Attorney General

Representatives

Represented by Lauren Tennyson BL instructed by Chief State Solicitor's Office

Act

Complaint Reference No.

Date of Receipt

Complaint seeking adjudication by the Workplace Relations Commission under Section 21 Equal Status Act, 2000

CA-00022433-001

04/10/2018

The complainant is alleging that he was discriminated against on grounds of his religion and victimised by An Garda Siochana. He asserts that at a public event on 5 May 2018 while manifesting his religious beliefs as an Evangelical Christian, he was defamed, falsely arrested, falsely imprisoned and victimised by An Garda Siochana.

The complainant states that the matter of the two month deadline for sending “ES 1 Notification” to the respondent is accounted for by reason that in the aftermath of the conduct by the respondent towards him, the complainant suffered severe mental anguish which is ongoing.

The respondent totally refutes the complainant’s claim. The respondent states that on 5 May 2018, the Leinster Pipe Band Championship took place on the grounds of Swords Castle which is owned by Fingal County Council. The respondent asserts that this is a family day and was well attended by adults and children alike.   On the day in question, An Garda Siochana received a call from an individual who notified them of complaints which had been received by the organiser in relation to a person handing out leaflets, the contents of which attendees of the event had complained were extremely offensive. The respondent states that it was reported that the leaflets purported to be in the name of Swords Castle which had not been authorised by the Council and that the leaflets made reference to the referendum on 8th amendment which was due to take place in the weeks ahead.

Garda D attended the scene and saw the complainant who was wearing an enlarged version of the leaflets hanging around his neck and he witnessed the complainant handing out the leaflets the subject of the attendees’ complaints. The respondent submits that it is apparent from the leaflet, “Swords Castle Ltd” is at the top of it which would suggest that it is literature endorsed by Swords Castle which it is not. On foot of this, Garda D informed the complainant that he was in a public place and that he was of the view that the complainant was committing an offence contrary to Section 7 of the Public Order Act 1994 and made the lawful direction under Section 8 of the said Act to desist and to leave the area and explained to the complainant the penalties for failing or refusing to do so. The respondent submits that the complainant replied “arrest me so”. The respondent states that Garda D repeated the direction and the complainant failed to comply. The respondent submits that in accordance with his lawful direction, Garda D proceeded to arrest the complainant under Section 24(1) of the Act for offences contrary to Section 7 and 8 of the Public Order Act, 1994.

On a preliminary issue, the respondent states that there is no jurisdiction to entertain the within complaint as it does not relate to the provision of a service under Section 2 of the Equal Status Acts. The respondent submits that quite apart from the fact that An Garda Siochana is not a named party in this dispute, the respondent does not provide a service within the definition contained in the Acts.   The respondent further submits that it is entitled to avail of Section 14 of the Acts which provides that certain measures or activities are not prohibited under the Acts. Section 14 provides:

“(1)Nothing in this Act shall be construed as prohibiting-

(a)    The taking of any action that is required by or under – (i) any enactment or order of a court”

It is also submitted that Section 7 of the Garda Siochana Act is relevant. S. 7 provides:

“(1) The function of An Garda Siochana is to provide policing and security services for the State with the objective of –

(a)    Preserving peace and public order..”

I am satisfied that An Garda Siochana does not provide a service as defined in the Equal Status Acts and further that it is entitled to rely on Section 14 of the Acts with reference to its statutory functions as contained in Section 7 of the Garda Siochana Act, 2005. On that basis, I have no jurisdiction in relation to the within complaint as it is outside the scope of the Equal Status Acts.

I have no jurisdiction in relation to the within complaint as it is outside the scope of the Equal Status Acts.

No jurisdiction