THE future of the Government's legislation for a new Garda union may be decided in a ease before the High Court later this week.
The Minister for Justice, Mrs Owen, has gone to the High Court seeking to stop the election of officers to the existing Garda Representative Association (GRA).
The case is being seen by some as a test of the Minister's authority over the Garda representatives who have been embroiled in a bitter two year row. Mrs Owen intends to re-constitute the GRA to try and resolve the internal dispute which has split the association with almost half of the gardai no longer adhering to the GRA.
Legislation, which should he passed by the Dail this autumn, seeks to set up a new association with new structures next year.
However, the GRA has refused requests to delay elections of its executive members. It has also drawn up its own constitution which is not being officially recognised by the Government.
After the GRA signalled its intention of proceeding with its elections, the Minister introduced legislation last month, in the form of a statutory order, preventing the poll.
However, elections went ahead and counting was to take place this week.
At 5.45 p.m last Friday, lawyers for the Minister sought an injunction preventing the GRA from completing its elections. The case was adjourned until yesterday when a further adjournment was given until Thursday.
In the High Court yesterday, an undertaking was given on behalf of the GRA that counting would be suspended, pending the outcome of the High Court hearing on Thursday.
The hearing will decide whether the Minister's legislation for a new Garda union will survive and, whether she has the authority to suspend the GRA's internal elections.