THE election of the Garda Representative Association executive has been halted until a dispute with the Minister for Justice, Mrs Owen, is determined by the High Court.
Mr Justice Geoghegan yesterday adjourned an application by the Minister seeking to restrain the GRA from going ahead with the election.
Mr Hugh Gallagher, senior counsel for the Minister, said she contended that the GRA held the election in direct contravention of the regulations made under the Garda Siochana Act which governs the association.
Mr Eoin Mac Gonigal, senior counsel for the GRA, told the court that while the election was taking place his client was prepared to give the court an undertaking that the counting of votes would not take place and no steps furthering the election would be taken until the court had determined the matter.
The court earlier heard a background to the "extremely bitter" controversies which surrounded the representation of members of the Garda Siochana at garda rank.
The GRA has represented gardai since its establishment in 1978 and was recognised under statute as the sole organisation lawfully entitled to represent garda members in matters concerning pay, pensions and conditions.
Disagreements had become public knowledge in 1994 when the associations' annual delegate conference was disrupted by disaffected members.
Four members of the Central Executive Committee were expelled and a new, separate organisation known as the Garda Federation was set up which unsuccessfully sought recognition to negotiate on behalf of its members.
Disaffected members alleged a lack of democracy within the GRA in particular, the undue levels of representation given to certain sections.
The court heard there had been numerous attempts to resolve the differences supported by various Ministers for Justice. On April 30th, 1996, the Garda Siochana Bill was published and it passed its second stage in the Dail on June 12th last.
The Bill provides for the recognition of one representative association with the support of a majority of members and empowers the Minister to withdraw recognition. It also provides for the appointment of five trustees and, the fixing of Standing Orders before the a.g.m.
The Bill allows for the appointment of president and vice president by the a.g.m. and shifts the triennial elections from September to March each year. It also allows for the appointment of secretaries.
The Bill provides voting procedures and gives four of the seven Dublin Metropolitan Area Divisions a second committee representative.
This and other provisions are aimed at increasing democracy within the association and to allay concerns over undue levels of representation for certain divisions.
The schedule to the Bill sets out detailed rules of procedure and organisation to which the organisation must conform.
The court heard that the Minister, in accordance with the new regulations, wants elections moved from this month to March next year. The GRA had taken issue with this on the grounds of "unprecedented interference by Government" and decided to proceed with elections.