Dáil debates

Wednesday, 19 September 2018

Saincheisteanna Tráthúla - Topical Issue Debate

Garda Operations

1:15 pm

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael) | Oireachtas source

Deputies will be aware that the deployment of gardaí and Garda operations generally are solely matters for An Garda Síochána. While the Taoiseach addressed some of these issues during Leaders' Questions yesterday, I can perhaps add some additional detail to the record of the House today. The Garda Commissioner has issued a statement on the incident referred to and we all now have a greater level of clarity as to what took place. I am advised by the Garda authorities that, following the making of an order by the High Court, a small number of community gardaí were present to keep the peace. They were present to facilitate a peaceful protest and they were present to facilitate the enforcement of a High Court order. Gardaí were not involved in the vacation of the premises, which had been illegally occupied. A private security firm acted for the owner of the premises on foot of the High Court order. The law and procedures governing the execution of court orders are contained in the Enforcement of Court Orders Acts and the Rules of Court which have been made under them.

Any dispute concerning the enforcement of a court order is solely a matter for the courts. Accordingly, the persons involved in the execution of the High Court order are not licensable by the Private Security Authority at present. I must advise the House, however, that my officials are currently examining the law governing this area and I am giving the matter further consideration.

As An Garda Síochána has stated, a small number of community gardaí were initially present. As the situation evolved, they were supplemented by more gardaí, and then a small number of officers from the public order unit were deployed. To be clear, the purpose of the Garda presence was to keep the peace and facilitate a peaceful protest and the enforcement of an order of the High Court. I know there was some disquiet about members of the public order unit wearing hoods. The Garda Commissioner has said they should have been worn in conjunction with helmets. Members will be familiar with public order police around the world wearing helmets in the course of their policing duties.

It is a sad fact and a worrying development that gardaí, particularly those who undertake public order policing, are frequently personally targeted and subjected to vile abuse and threats, particularly online. At the protest, gardaí were subject to sustained abuse, including in one incident racist abuse. I condemn this behaviour and I am sure all Members of the House will do likewise. Where behaviour crosses the line into criminality, it may be investigated, but it would be preferable if the crime did not occur in the first instance. I appeal to those involved in such protest to recognise that gardaí simply doing their jobs should not be targeted in this way. This message needs to go out from all sides of the House, and I ask colleagues to join me in reinforcing it.

A small number of people were arrested at the protest for public order offences. As these matters are subject to ongoing Garda inquiries, the House will appreciate it would not be appropriate for me to comment on them. I note, however, Commissioner Harris's recent statement on the protest and I understand he has requested a report from the assistant commissioner, Dublin metropolitan region, DMR, to see what lessons can be learned from the event. I also note the Policing Authority will pursue the matter with An Garda Síochána.

Everyone in this House will agree that the right to protest is a fundamental right in any democracy and one which must be protected and facilitated. However, this right must also be exercised peacefully and with respect for the rights of others. In this context, we must not lose sight of the fact that the members of An Garda Síochána present were enforcing the law of the land in what were very difficult and tense circumstances.

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