A district court decision on Garda subsistence allowances, which could leave the State liable to substantial back payments has been appealed to the Circuit Court.
Judge John O'Hagan was told yesterday Garda John McLoughlin, Malahide, Co Dublin, had been awarded a £254 subsistence allowance for security duties at the home of former justice minister, Mrs Nora Owen, over a one-year period.
The claim related to overtime associated only with travelling time to and from the Minister's Malahide home - under a mile from the local station.
Mr John O'Donnell, for Garda McLoughlin, said the claim was made under a 1975 directive, which allowed gardai in the Dublin Metropolitan Area to claim 30 minutes overtime for any journey up to 2 1/2 miles from the station. Mr Paul McDermott, for the Minister for Justice and the Garda Siochana, said the State's case was that the 1975 directive had been introduced to resolve two localised travel disputes in the early 1970s only. A 1976 directive amended it.
Det Garda Frank Gunn, former president of the Garda Federation, said the 1975 directive had always been the yardstick.
Deputy Garda Commissioner Peter Fitzgerald said the 1975 i travelling to Garda Headquarters in the Phoenix Park to connect with official transport to Portlaoise Prison for security duties.
At the same time there had been a dispute relating to allowances for time gardai spent travelling within the Dublin m Metropolitan Area to in-service training courses which had been held at Fitzgibbon Street Garda station.
He said and the 1975 directive referred only to the payment of overtime to cover travelling.