Oireachtas Joint and Select Committees

Wednesday, 24 April 2024

Joint Oireachtas Committee on Disability Matters

The United Nations Convention on the Rights of Persons with Disabilities at Local Level: Discussion (Resumed)

Photo of Tom ClonanTom Clonan (Independent) | Oireachtas source

At the outset, I must declare a conflict of interest. My father was a garda in Pearse Street Garda station, and my grandfather was a garda in Kevin Street Garda station. Their service overlapped briefly in the 1950s. I am told that my grandfather used to go from Kevin Street to Pearse Street to make sure my dad was in bed. I believe they had a doorman there. Dad would have retired around 1985 or 1986. Policing has changed a great deal since then. All of my dad's friends were gardaí. I would say that I was parented, clothed, fed and educated by An Garda Síochána. My understanding of the challenges that gardaí face is informed by that experience. A garda friend of mine with whom I was in school is now a superintendent. I remember an interaction between him and a member of the public when that person just happened to meet him. There was a level of aggression and confrontation towards him just because he is a member of An Garda Síochána. This was the exact opposite of what my understanding is of the social contract between the public and members of An Garda Síochána. He told me that it happens all the time. I just want to incorporate that into the questions I have for the witnesses.

I have four adult and teenage children. I have a 22-year-old who is wheelchair user. He has neuromuscular disease. It was his 18th birthday on 7 February 2020, which was the day before the general election. To register to vote at that late stage, one had to go to the local Garda station. There was an issue with his wheelchair. The gardaí in the station actually came out to him in order that he could register to vote. They brought the stamp and everything. They did it really well; it was a solemn kind of thing. That was an interaction with a person on a good day when they had the time and resources and were not pulled away to deal with other matters. It was at a particular time in the evening when they had the time to do that.

Given the strategies in 2019 and 2022 informed by the UNCRPD, I have no absolutely no doubt that, from an organisational and corporate perspective, An Garda Síochána is completely committed in respect of the issues. However, since I was elected, I have received a great deal of correspondence from disabled citizens. There is a certain cohort that reports suboptimal experiences either with the Courts Service, the administration of justice or members of An Garda Síochána. Subjectively, very often it is an interaction with somebody who is having a bad day and possibly that member of An Garda Síochána may have had a series of interactions on the day that were very confrontational and difficult to manage. Then, the garda must deal with a disabled citizen who perhaps has some behavioural trait or tick that can be ambiguous and can be misinterpreted. I am aware An Garda Síochána has all the procedures and the training in place to educate its members as best it can but my questions are more about gardaí. If my understanding is correct and if gardaí are faced with this level of confrontation and hostility every day - and I imagine that much of the time they are meeting people who are at a very low point in their lives and their behaviour may be very uninhibited, and I am sure they might be aggressive - are there any kinds of supports for members of An Garda Síochána in that regard? It is a very unusual workplace in that respect. Does An Garda Síochána have a formal mechanism for looking after the resilience or mental health of its members if they are exposed to that level of aggression day after day? It possibly informs some of this, but I believe there are exceptions. As I have said, our experiences are overwhelmingly and exceptionally positive. That is my first question.

My second question relates to An Garda Síochána. Do the witnesses know what percentage of members of An Garda Síochána have disabilities? What would the breakdown of that be? For example, what are the levels of neurodiversity within An Garda Síochána or how many members will experience chronic stress reaction from being exposed to hostility, conflict or risk? When one is aware of a risk in the environment most other professions either eliminate or remove the risk but the Garda Síochána cannot. I was in the army for 12 years so I understand about how one tries to control for risk but cannot remove it. All the research tells us that if a person is exposed to risk the natural, inevitable and organic response to that is chronic stress reaction. It can be very successfully treated because it is a normal and natural automatic response. If it is not treated, however, there is a risk that the person could develop post-traumatic stress disorder, PTSD. Do the witnesses know what levels of chronic stress reaction there are within the force? What are the structures or programmes in place to support Garda members in the context of resilience, mental health and issues relating to trauma?

My next question is for the Courts Service. I agree that the Criminal Courts of Justice are accessible. I went there with my son when he was in transition year in school. A very high-profile murder case was being heard at the time. I will not mention which case, but he was really lucky on the day because the evidence was very interesting and the cross-examination was very explicit about what happened on the particular day leading up to the murder. On the way home, my son said that he believed that the case was about money and not sex. That just stuck in my memory. I have been a witness in many court cases. Back in the bad old days of the 1990s, I was often down in the charge courts with soldiers who were being charged with assault or aggravated assault. It was a very intimidating environment for anybody.

Although I know the witnesses cannot comment on the training of judges, can they state whether the Judiciary gets any training in this regard?

My final question is on the modification of what are often heritage buildings. My family stopped going to the Natural History Museum because we could not bring Eoghan upstairs. The museum would say that it cannot install a lift because it is a listed or old building. I believe that is unacceptable. Is this a challenge or obstacle in making facilities fully accessible?

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