Minister for Justice Dermot Ahern said the Government would "pursue anything within the law" in relation to industrial action by gardaí.
Rank and file gardaí are to be balloted on taking industrial action despite such a ballot or any withdrawal of labour by a Garda member being a criminal offence punishable by up to five years imprisonment.
The move by the Garda Representative Association (GRA) represents a major escalation in the dispute between public sector workers and the Government over cutbacks and mooted pay reductions.
He said the Government "will act and has to act" and in an interview with RTE News described a strike as "an affront to the democracy of the state"
Mr Ahern said there were many civil and criminal laws in the statute books in this area and certain action could leave gardaí open to civil claims.
"The people who uphold the law can’t be lawbreakers no society can countenance that no democracy can countenance that," he said. However Mr Ahern did not think it would come to this and urged the GRA to reflect.
Rank-and-file gardaí will be balloted in the next two weeks as to whether they are willing to withdraw their labour on future days of protest organised by Ictu.
GRA general secretary PJ Stone said his association had decided to hold the unprecedented ballot because his members now felt “valueless and worthless”.
He denied he was “putting it up to” the Government and senior Garda management. “We’re not putting it up to anybody. But we are being upfront in our actions.”
In a reference to the 'Blue Flu' action of ten years ago – when gardaí rang in sick for a day as part of a row over pay – Mr Stone said some people had seen it as a “dishonest action”.
This time the mooted action was clear and honest. It had been brought about because Garda staff associations had not been given a place at the negotiating table during last week’s talks on public sector savings.
The cutbacks and levies that had already been imposed meant Garda pay was “going back” nearly 15 years.
Mr Stone said the GRA had not taken legal advice on the legality or otherwise of holding a ballot.
He and his fellow members of the GRA executive were willing to face the consequences of their actions. He described the mooted industrial action as the “ultimate step”.
Under the Garda Siochána Act 2005 it is a criminal offence for a member of the force to withdraw their labour or to induce anybody to withdraw their labour.
On conviction the offence carries a penalty of up to five years in jail and/or a fine of up to €50,000.
Gardaí take an oath when they enter the force to uphold the law.
Mr Stone believed members of his organisation, which number around 12,000 in a force of 14,500, had the support of the public but accepted the extent and depth of that support was unknown.
However, even if the membership voted in favour of withdrawing their labour, a total withdrawal of policing would not take place.
“We would be conscious that a level of cover would have to be provided if the answer to the ballot is ‘yes’.”
Mr Stone it was unclear of the Association of Garda Sergeants and Inspectors (AGSI) would support the GRA or carry out its own ballot.
Mr Stone made his remarks at a press conference in Dublin. He did not give a date for the ballot but indicated it would take place within the next fortnight.
