ASSISTANT GARDA Commissioner Martin Donnellan has initiated a High Court challenge to a law requiring assistant commissioners to retire at aged 60.
The assistant commissioner will reach the mandatory retirement age on June 7th next.
James Connolly SC, for the assistant commissioner, outlined that the challenge to the statutory instrument alternating the retirement age for assistant commissioners from 65 to 60 is being brought on two grounds: that it is irrational and in breach of the equality directive in that it constitutes age discrimination.
The case is urgent because his client is close to his 60th birthday, counsel said.
Mr Connolly also said his client had made a complaint to the Equality Authority about the same matter, but that body would not be able to process the complaint prior to June 7th. The authority did not have the power to strike down the statutory instrument at issue, so the proceedings before it differed from the court case.
Ms Justice Laffoy said she would grant leave to serve notice of the proceedings on the Chief State Solicitor and listed the matter for Wednesday.
It is likely the defendants will require time to deal with the case, so the full action is not expected to be heard until a later date.