Limerick-based company launches High Court action to allow it vet its own workers
A LIMERICK-based company that provides hot cooked meals for school children has brought a High Court challenge against An Garda Siochana's refusal to include the firm on a list of entities entitled to vet its own workers.
The action has been brought by School Food 4 Primary Ltd, which claims that it has applied to An Garda Siochana, via the Garda National Vetting Bureau for inclusion on the register of relevant organisations allowed to vet their own employees.
The company, which prepares and cooks its food on site at schools, says its application has been refused by the bureau on grounds it claims are not legally coherent or comprehensible.
It claims that the garda interpretation of the vetting process is that the individual schools where the firm's employees prepare the meals should vet the company's employees.
The firm, which alongside its sister company employs over 300 people, says that this refusal is causing it practical difficulties and has left in a situation that is "unworkable."
It claims that if one of its workers does not pass the school's vetting process. then that person cannot be employed by the firm.
The company says that in such a scenario, it cannot tell the person why they cannot be employed by it, nor is the company informed of the reasons why that individual has not passed the vetting process.
The company, with a registered address at Eastlink Business Park, Ballysimon Road, Limerick, says it has no legal entitlement to the information, or to tell the employee themselves, what triggered the red flag in the vetting process
The company says that it recently had to deal with this situation with somebody it hired.
While the firm says it does not want to replace the school's ability to vet those working on their premises, it says that no employer or employee can tolerate the current situation, particularly as those working at schools need to be vetting and re-vetted at regular intervals.
It wants to grow its business and employ a further 200 people in the next five years.
The government's Hot School Meals Programme is expanding, with €68m allocated to that scheme in 2022, the firm claims.
In judicial review proceedings against the Garda Commissioner the company says it wants the Garda Commissioner to deem it a 'relevant organisation' under the 2012 National Vetting Bureau (Children and Vulnerable Persons) Act.
Represented by Stephen Walsh Bl, the company seeks various orders and declarations including an order directing the Commissioner to enter the firm on to the register of relevant organisations.
The company argues that on a proper interpretation of the 2012 Act, it is entitled to be included on the register of relevant organisations, and thus would be able to vet its own employees.
It also claims that the garda interpretation of the Act is wrong.
It also seeks declarations that the company is a "relevant organisation" within the meaning of 2012 National Vetting Bureau Act, and that the An Garda Siochana is obliged to enter the firm on the register of relevant organisations.
The matter came before Ms Justice Niamh Hyland, who on an ex-parte basis, granted the company permission to bring to bring its action.
The matter will return before the courts in October.