May 5, 2008

Letter to Garda Commissioner (5th May 2008)

Dear Garda Commissioner,

We would like to bring to your attention, the unwarranted and unconstitutional interference by Gardai at the illegal seizure and/or detention of citizens’ property, namely vehicles, particularly in border counties and throughout this Nation.

We would like to inform you that every citizen in this country including yourself and the Gardai has property rights recognised by the State under Article 43 of the Irish Constitution. By dispossessing citizen’s of their property vis a vis VRT/alleged owing of monies to the State, the effect of this is to breach peoples Constitutional rights to their property, interferes with the peaceful enjoyment of their possessions and in particular, and on every occasion, breaches the Principle of Proportionality which is not only recognised by the Supreme Court of Ireland and implicit in our own Constitution but is also a European Law right and a principle enshrined under the Treaty of Rome and the relevant Treaty Articles concerning the Free Movement of Goods and the Free Movement of Persons.

Every Irish citizen in this State, is entitled to due process to have their case heard in a court of law. It appears that Gardai are circumventing and undermining citizen’s rights by disregarding their Constitutional and EC Law rights and further compounding this disregard by omitting to take into consideration the constitutional requirement of due process. Only a court of law can direct the dispossession of a citizen’s property by means of a court order permitting such ‘dispossession’ and then only after the citizen has been given the opportunity of being heard.

We would appreciate a meeting with your good self in relation to discussing these serious matters. It is suggested by this Association’s members that consideration will be given to Court action against the Gardai should this situation continue unabated. We respectfully suggest that you ‘instruct’ the Nations’ Gardai that they are not entitled to take, seize, dispossess or otherwise interfere with the peaceful enjoyment of possessions of citizens where their property is concerned and lawfully owned, for we are extremely concerned that certain Inspectors and Superintendents appear to be under the false illusion that our Constitutional and EC Law rights have no effect, unless enacted by an Act of the Oireachtas.

We respectfully notify you that The Irish Constitution is superior to any Act of the Oireachtas and no Act can be enacted which is repugnant to our Constitutional rights. Furthermore, EC Law rights are part of Irish Law by virtue of the 1972 referendum on the Treaty of Rome which amended Article 29.4 of the Irish Constitution and where the formalities of this were competed as a result of the 1972 European Communities Act which have entrenched these property rights under guaranteed fundamental freedoms and as such cannot be interfered with.

We expect the Gardai to respect peoples’ property rights rather than attempt to dispossess them of their property and we are entitled to the protection of the Gardai as such. Failure to respect citizens’ property rights is likely to cause a serious loss of respect for the Gardai of which we have been informed by our members and the public in general. As servants of the State and the citizens, we expect and anticipate that our property rights will be vindicated.

Please respond soonest, as opposed to simply an acknowledgment of our letter and please indicate when a suitable date can be arranged for a constructive discussion on this matter. A copy of this letter will also be forwarded to the Minister for Justice.

E & OE.

Yours Faithfully,
David Russell
National Secretary, Irish Drivers Association.
087 231 2250.

John Lernihan
National Chairman, Irish Drivers Association.
087 2509 123

Written by:

Filed Under: Correspondence

Trackback URL:

Leave a reply

* means field is required.