Alan Shatter (Dublin South, Fine Gael)

A detailed manual on Garda policy and procedures in respect of the use of incapacitant spray has been developed by the Garda Commissioner and is published on the Garda website. The manual sets out the detailed considerations that must always be taken into account by a member of the Garda Síochána before using incapacitant spray. Any use of such a spray, as with any use of force in general, must be in accordance with law, in particular the law on the use of force set out in the Non-Fatal Offences Against the Person Act 1997. In effect, the use of such sprays must be necessary and must be reasonable in the circumstances.

Garda members are trained in the lawful use of incapacitant spray and, as the manual makes clear, are individually responsible and answerable for their actions in its use. It is also the case that every incident where incapacitant spray is deployed is notified to the Garda Síochána Ombudsman Commission, which can investigate any question of misuse. Comprehensive policy and procedures in respect of the use of incapacitant spray and appropriate safeguards to ensure compliance with those standards have been put in place.

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