A garda who wanted a career change and applied to become a firefighter/paramedic has brought a High Court challenge to a ban on giving these jobs to those with diabetes.
Ciaran O'Brien, who describes himself as a very physically active 32-year-old who has never had to take time off work in his seven years as a garda, claims Dublin City Council's blanket ban has been imposed without reasons and is not in compliance with local government guidelines.
On Monday, Ms Justice Niamh Hyland granted his lawyers leave to bring a challenge over the decision to deem him "unfit for the post" after he underwent a medical examination and learned for the first time that Type 1 and 2 diabetes were "a disqualifying medical condition".
The application was made to the court with only Mr O'Brien's side represented.
Mr O'Brien, who lives in Co Kildare, said in an affidavit he was diagnosed with Type 1 diabetes at the age of 17.
He said the "illness is, and has been, under complete control and does not impact on my ability to engage in physical activity.
He trains regularly in the gym and also plays football. In terms of work, he has been a garda since 2016 and engaged in full-time front line work.
In November 2022, he decided to apply to be a fulltime firefighter/paramedic with Dublin Fire Brigade which is run by the city council. He said there was no requirement in the job application or suggestion that he share details of his diabetes diagnosis.
He subsequently received a notification that he had been successful, subject to medical.
It was in the course of the examination that he said he was first advised the Type 1 diabetes was an automatic disqualifying condition. His application proceeded no further and an appeal he lodged against the decision was also rejected.
Corporate Health Ireland, which carried out the medical test, also told him it would "not be outlining the exact reasons as to why diabetes mellitus is an automatic ban at this stage".
He put in a Freedom of Information request to the council for information about the basis for the automatic ban and received a guideline document on the occupational health scheme for members of the retained fire service.
He said there is no absolute prohibition in this document on employing people with diabetes within Dublin Fire Brigade.
He said he had been unlawfully and improperly prevented from taking up an offer of employment with the fire brigade as a result.
He also claimed the council had failed and/or refused to identify an appropriate standard, rule, authority or basis for the automatic disqualification.
Mr O'Brien also claimed he was aware of an existing serving member of the fire brigade who has Type I diabetes. London Fire Brigade had abandoned such blanket bans, he said.
The case returns next month.
