The High Court has reserved judgment on an application by Garda Assistant Commissioner John Fintan Fanning for an injunction restraining anyone being appointed Deputy Commissioner pending the outcome of his legal challenge.
Mr Fanning claims that Garda Commissioner Noirín O’Sullivan asked him about his views on “left-wing political extremism in Ireland” and on left-wing politicians during his interview for the Deputy Commissioner post last March.
In affidavits, two members of the panel that conducted the interview said he was not asked about his personal views on left-wing politics.
Arising out of the interview, which he claims was “flawed”, Mr Fanning has brought High Court proceedings alleging an “unfair” competition was held for the post of Deputy Commissioner.
Among various claims, he alleges that Ms O’Sullivan should have declared a potential conflict of interest prior to the interviews and recused herself from them.
He has sought an injunction preventing the Public Appointments Service from taking any steps to appoint anyone to the position of Deputy Commissioner until his action has been determined by the court.
The injunction application was heard by Mr Justice David Keane. The judge, reserving judgment yesterday, said the matter deserved careful consideration and he hoped to give the decision as soon as possible.
Mr Fanning, represented by Paul McGarry SC, claims the procedures adopted for recruitment to the Deputy Commissioner post infringed his constitutional rights, including the right to fair procedures and natural justice.
Political views
He claims that, after he talked about Islamic State and risks posed by dissident republicans, the commissioner asked him about “left-wing political extremism in Ireland” and his views in relation to left-wing politicians.
Mr Fanning said he was uncomfortable being asked such a question as he was conscious he has a statutory obligation not to affiliate or associate with any political group. He said he considered the line of questioning “very unfair”.
The defendants deny his claims and contend the interview was conducted in a fair and professional manner.