Minister for Justice Frances Fitzgerald has stopped well short of supporting the right of the Garda Representative Association (GRA) to call on its members to vote in favour of same-sex marriage.

The GRA, which represents more than 10,000 rank and file gardaí in a force of 12,800, recently urged its members to vote ‘yes’ via an editorial in its Garda Review magazine written by its general secretary PJ Stone.

It was the first time the organisation has ever encouraged its members to vote in a particular way in any referendum or election.

The unprecedented intervention has led to accusations that the body has deviated from the oath taken by all Garda members to remain apolitical.

Members of the force are not permitted to join a union, a political party or any “secret society”. They also swear to uphold the constitution and the law impartially and fairly.

Former Police Ombudsman in the North, Nuala O’Loan, said Garda members must take very seriously their oath.

“The guards need to be building confidence, not losing it. It is not the function of police officers who are sworn to uphold the law, to challenge the law and call for people to change the law in this way.”

The Irish Times put a series of questions to Ms Fitzgerald, including whether she was comfortable with the GRA entering the debate in the manner it had.

She stopped well short of supporting their right to express a view, saying she “notes Mr Stone’s comments were made as general secretary of a staff representative body”.

Her comments are significantly different to Minister for Health Leo Varadkar and Minister for Public Expenditure and Reform Brendan Howlin, who have both clearly said the Garda body was entitled to take the stance it had.

Garda Commissioner Noirin O’Sullivan has yet to reply to queries about the GRA’s stance on the issue.

Mr Stone said his association stood over its remarks and saw no issue with expressing a preference for one side of the debate.

“The GRA don’t see this as a political issue,” he said.

“We see it as a moral issue and we believe all of our members should have equality under the law as every other citizen should have equality the law.”

The Garda Review editorial stated: “The marriage equality referendum is the first time for this association to recommend a stance on elections or referenda, but this is the first time we have had the opportunity to recommend equality of our members as constitutional reform. It’s a ‘Yes’ to equality.”

The matter is particularly sensitive as it represented the second time in a matter of weeks the Garda has found itself at the centre of the referendum debate.

On the first occasion, a Garda member in uniform was pictured at a photo call encouraging people to register to vote in the referendum. It was organised by the ‘Yes Equality’ campaign.

Garda Commissioner Noirín O’Sullivan expressed her reservations but said the Garda member involved had acted in good faith.

She insisted gardaí were “apolitical and are not supporting either side in this particular referendum or in any campaign”.

Within days, the GRA called on its members to vote ‘yes’.

The association is a staff representative group rather than a trade union.

However, its unprecedented move into the debate mirrors that of full trade unions.

And it comes at a time when many in the force, including the GRA and Association of Garda Sergeants and Inspectors, are seeking either trade union status or a trade union-style role in future negotiations on public service pay and conditions.