Niall Collins (Limerick County, Fianna Fail)

I am responding on behalf of the Minister for justice to the issue that was raised. We in Ireland are lucky to have a police service in An Garda Síochána that has the widespread community support that has been hard earned over decades of service to the State and to our people. The common refrain from the public is that they want more gardaí in their community and on their streets. This is certainly not the case in many other jurisdictions in the world. This is because An Garda Síochána undertakes an important role in upholding and protecting the human and constitutional rights of everyone in our community. It does this by providing a high quality, effective policing service in partnership with the community and in co-operation with other agencies.

In relation to the use of incapacitant spray, it is one of a number of tactical options available to gardaí when faced with the use of force or the threat of violence when it is reasonable to believe that such force or threat of violence may result in injury to themselves or others. Information on the use of force, including the use of incapacitant spray, is published on the Garda website and in the Commissioner’s monthly reporting to the Policing and Community Safety Authority.

The right to protest peacefully is enshrined in our Constitution and legislation. An Garda Síochána, through its human rights-led approach to policing, seeks to uphold and protect the right to freedom of assembly and to protest while also upholding the law and protecting the safety of the public when required. Balancing the right to protest with protecting the public and upholding the law is a complex task. An Garda Síochána's policing approach to protests is focused on keeping the public at large safe and preventing antisocial or criminal behaviour while respecting the right to peaceful assembly under the Constitution. Protests create operational challenges for An Garda Síochána, especially where those protestors engage in force against Garda members and seek to push violently through cordons.

Factors such as the number of persons protesting, the location of protests and actions at the protest as well as the health and safety of all, including gardaí, require significant assessment. A detailed policy document on the use of incapacitant spray has been developed by An Garda Síochána and is publicly available on its website. The fundamental principle underpinning this policy is that any action taken which requires a member of An Garda Síochána to use an incapacitant spray must comply with the fundamental principles of legality, necessity, proportionality and accountability. It must also be applied in a non-discriminatory manner in accordance with the principles of the European Convention on Human Rights. In policing protests, it should be noted that the Garda engages in a gradual response that is reasonable. Where physical force is used against members of An Garda Síochána, they are entitled to respond in a proportional manner.

I agree with the Deputy that there is a right of protest in this country, but I do not think the right of protest should allow a bunch of protesters to lock down this city by blocking Dublin Port as they did. They had no right to do that. They should not do that. They inconvenienced the entire city. I wonder does the Deputy support the idea, the principle or the action of locking down this city by blocking Dublin Port. Does the Deputy think that is right? I certainly do not, and millions of people around the country do not either. I think I have responded in a comprehensive manner to the Deputy regarding the issues she has raised. I support An Garda Síochána and its actions. I have seen the videos in this regard. Protestors have a right to protest, and in this case they were protesting about something that is fundamental, and all of us in this House support trying to sort out the issues in Palestine, but locking down the Dublin Port tunnel does not achieve anything. I would like to hear what the Deputy has to say in this regard. Does she agree with and did she support blocking the Dublin Port tunnel and reducing this city to a mass gridlock? Did she agree with it and does she agree with it?

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