Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 89: To ask the Minister for Justice, Equality and Law Reform if he will give the go ahead to a Garda Ombudsman Commission request to examine the management of crowd protests and civil disobedience with the object of reducing the number of related complaints against Gardaí in the future. [21068/08]

Dermot Ahern (Louth, Fianna Fail)
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Section 106 of the Garda Síochána Act 2005 enables me, either on my own initiative or on the recommendation of the Garda Ombudsman Commission, to request it to examine a Garda practice, policy or procedure for the purpose of preventing or reducing the incidence of particular types of complaints.

My immediate predecessor received two such recommendations. In one case, relating to certain aspects of the fixed charge processing system, he recommended an examination. In the other, relating to the subject of this question, he was not persuaded of the need for an examination at that time. Clearly I will keep this under review, as my predecessor would have but I, like him, need convincing arguments to persuade me to request an examination under section 106 at this stage.

It is fair to say that an examination under section 106, with its objective of preventing or reducing the incidence of particular types of complaints, would normally arise from significant experience of complaints sufficient to identify patterns or trends. That might not always be necessary, and clearly the particular circumstances of the recommendation on the fixed charge processing system enabled my predecessor to request such an examination, but it certainly was the general expectation behind the section, and understandably so.

The Ombudsman Commission has been in operation for more than one year and its experience of the trends and patterns of complaints is still developing. I am conscious, too, that it has a heavy workload of complaints to deal with, and I am anxious not to overburden it with additional tasks at this time, unless it is clearly necessary.

I will, therefore, keep this matter under review in the light of the developing experience of the Ombudsman Commission, and I will remain in dialogue with it.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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It is a pity that the Minister, in his limited wisdom — a phrase used by Mr. Conor Brady, a member of the Garda Síochána Ombudsman Commission, in this context to describe the previous Minister — is rejecting the call for such an examination. Is the Minister aware that one of the costliest ongoing Garda operations is that taking place in Bellanaboy? Is he further aware that last year Mr. Joe Gannon, the superintendent in charge there said in response to an interview for an article in the Garda Review that:

There were no arrests. That was part of our strategy: we did not want to facilitate anyone down there with a route to martyrdom. That has been the policy ever since.

Is the Minister aware that policy has resulted in 70 complaints being made to the Garda Ombudsman because the Garda approach has been one of substituting lawful arrest with its own form of brute enforcement in the area and that this included brutal and cowardly assaults on protestors by members of the Garda Síochána? Is he also aware that the Garda Síochána Ombudsman Commission is in agreement with Sinn Féin that a review of the Garda approach would help reduce the potential for further abuses, but would also reduce the number of complaints?

I ask the Minister, in his limitless wisdom, in contrast to the phrase used to describe the previous Minister, to give serious consideration to this matter, given the extent of Garda resources dedicated to policing, crowd and protest management in the Bellanaboy area. Will the Minister allow the Garda Síochána Ombudsman Commission to do its job more efficiently by undertaking a general investigation into how the gardaí police protests and crowd control?

Dermot Ahern (Louth, Fianna Fail)
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The simple answer is no, I will not, not in this instance. The members of the Garda Síochána deployed in Bellanaboy or anywhere else have a duty to ensure that there are no breaches of criminal law. I compliment them on the work they do on a constant basis, not only there but elsewhere throughout the country in preventing crowd disturbance and dealing with public order issues that are not acceptable within the law.

The Garda Síochána Ombudsman Commission is a new body that is up and running. It has received a significant number of complaints. I heard what the Deputy said about the number that have been received from people in the Bellanaboy area. The commission has a staff of 101 personnel, a budget of more than €11.5 million and, to a large extent, is dealing with the initial surge of complaints that it has received. I do not believe that I should add to that burden by what I would regard as an unnecessary investigation in this instance under the legislation under which it was set up.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Does the Minister agree with the superintendent, to whom I referred, who said that there should be no arrests and that has been the policy since the protests started? I am referring to an article in an edition of the Garda Review.

Dermot Ahern (Louth, Fianna Fail)
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I am glad the Garda Review is on the Deputy's reading list.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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I asked specifically for it.

Dermot Ahern (Louth, Fianna Fail)
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That makes a change. It is not a matter for me to dictate to the local superintendent how he should direct operations within his own district.

Billy Timmins (Wicklow, Fine Gael)
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I note the question concerns crowd control. It is regrettable that important Garda resources are used for many of these incidents that have occurred throughout the country on a planned basis. I refer to Bellanaboy, as mentioned by Deputy Ó Snodaigh, and protests in Shannon. Policing these incidents involves a considerable cost for the Garda. Has the Minister any plans to bring forward legislation to provide that those who are found guilty of pre-planned public order offences might have to pay for the cost of Garda overtime and the waste of Garda resources?

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Why do the gardaí not arrest them?

Billy Timmins (Wicklow, Fine Gael)
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They are all publicity stunts and the public is paying for it.

Dermot Ahern (Louth, Fianna Fail)
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I accept that, but at the end of the day the gardaí have to deal with the situation as they find it. It is a matter entirely for the Garda Síochána to prosecute and ultimately for the courts to decide on what judgment they give in that respect.