The Supreme Court has granted the Commissioner of An Garda Síochána leave to appeal a Court of Appeal ruling that quashed the dismissal of Martha McEnery from the force. The decision was made on 22 January 2016. Ms McEnery was dismissed from An Garda Síochána by the Commissioner under the summary dismissal procedure in Regulation 39 of the Garda Síochána (Discipline) Regulations 2007. She then went to the High Court seeking an order quashing that decision.
In the High Court, Justice Kearns held that the power had been validly exercised. He said it was for the Commissioner and the Minister, not the courts, to decide what conduct was enough to warrant summary dismissal. The Commissioner had considered her unfit for retention and had no doubt about the material facts, which were criminal conduct in the form of an assault. Justice Kearns refused her reliefs and awarded costs to the Commissioner.
Ms McEnery appealed to the Court of Appeal. On 16 October 2015 that court, with Justice Kelly giving the judgment and Justice Finlay Geoghegan and Justice Peart agreeing, allowed her appeal and quashed the dismissal. It held that Regulation 39 required the Commissioner to have no doubt about the material facts and about the breach of discipline being serious enough to merit dismissal, and that these were two separate matters.
The Commissioner then applied to the Supreme Court for leave to appeal. The Commissioner argued that the ruling made summary dismissal unworkable where the breach of discipline is criminal conduct proved by a conviction. Ms McEnery opposed the application. She said the case was of limited importance, concerned the interpretation of a limited power, and that the Court of Appeal had already clarified when the power can be used.
The Supreme Court found that the Commissioner had met the constitutional test. It said the points raised were of general public importance because the Court of Appeal judgment has significant implications for the Commissioner's ability to maintain discipline and for public confidence in the force. It also said that clarifying when a garda convicted of a criminal offence can be summarily dismissed is a matter of general public importance.
The Supreme Court has therefore allowed the appeal to go ahead. The ruling it will now hear is the Court of Appeal's judgment of 16 October 2015.