Court urged to deal quickly with army captain’s case over Dáil appointment
Posted on 15th February 2022 at 22:17
Dispute over filling of vacancy holding up important appointment, court told
A dispute over the appointment of the Captain of the Guard in Leinster House needs to be heard quickly, the High Court was told on Tuesday.
Mark Connaughton SC, for Commission of the Houses of the Oireachtas (CHO), said the dispute is holding up the “most senior security appointment” in the Dáil and Seanad.
He was speaking during the case management of an action by Defence Forces Captain Alan Kearney who claims his nomination to the post has been cancelled in breach of his rights.
Cptn Kearney is seeking an injunction against the Taoiseach and the CHO, which recommends appointees for the post, restraining them from making the appointment pending determination of his challenge.
Cptn Kearney, who is based at the Curragh Training Camp Base Logistics in Kildare, also seeks an order quashing the decision of the CHO on November 26th last not to proceed with his nomination to the post.
His proceedings are also against the Minister for Justice and the State and against the Garda Commissioner who he claims failed, refused, or neglected to process his security clearance for the job in a timely and expeditious manner.
The defendants deny his claims.
The court heard the injunction aspect of the case was due for hearing next month but there had been some slippage in preparations as it had not been possible to have an affidavit sworn for one of the defendants as the person had been overseas.
Mr Connaughton asked that there be no further delay in hearing the case because of the importance of filling the position.
Mr Justice Charles Meenan said the matter will go ahead next month as scheduled.
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