THE Minister for Justice has told gardai involved in the internal representation dispute that anyone promoting "disaffection in the force could face up to two years' imprisonment.
Mrs Owen was responding to the setting up of an "action committee" within the Garda Federation, the breakaway organisation of around 2,000 gardai, mostly in Dublin.
The committee was set up last month to discuss ways of promoting the federation's demands for official recognition and new pay negotiations under the public service pay rounds.
Among the proposals put forward for discussion were forms of industrial action which members considered would be legal within their terms of employment as gardai.
The industrial action included refusing to drive over the speed limit and treating relatively minor crimes in Dublin, like stealing cars, "by the book", which would entail the taking of statements and detailed form filling, rather than the current cursory taking of details.
In a letter to the federation on June 25th, the Minister's private secretary said Mrs Owen had "noted" the establishment of the action committee and "asked me to draw to your attention to the provisions of Sections 13 and 14 of the Garda Siochana Act, 1924".
Section 14 of the Act refers to any person who "causes or attempts to cause, or does any act calculated to cause, disaffection amongst, the members of the Garda Siochana, or induces, or attempts to induce, or does any act calculated to induce, any member of the Garda Siochana to withhold his services or to commit a breach of discipline".
The maximum sentence under the Act is two years' imprisonment. Section 13 outlines the Minister's powers to recognise a Garda staff association and forbids gardai from joining trade unions.
In the letter to the federation, her private secretary, Mr John O'Dwyer, says the Minister "wishes to point out that it will not be possible for her to enter into dialogue with such an action committee if their purpose is to discuss pay and conditions".
The reference to Section 14 and the implied threat of court action against gardai is the latest in a series of attempts to persuade gardai into accepting a settlement in their internal dispute, which has run for more than two years.
Mrs Owen has already introduced a Bill amending the Garda Siochana A9t, to provide the Government with powers to dissolve any Garda staff association which does not comply with certain conditions. This is due to take effect next year.
The Bill's proposals are to be discussed by the Garda Representative Association at a special conference next month.
The Bill has already split the Garda Federation, with representatives of about half its 2,000 members opposing it.