Patrick Nulty (Dublin West, Labour)
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Question 77: To ask the Minister for Justice and Equality the guidelines covering the use of pepper spray by An Garda Síochána; if he is satisfied that An Garda Síochána are using these guidelines correctly; and if he will make a statement on the matter. [22605/12]

Alan Shatter (Dublin South, Fine Gael)
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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.

Patrick Nulty (Dublin West, Labour)
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I thank the Minister for his response. I recognise the fact that we must ensure that the Garda Síochána can conduct its work in as safe a manner as possible, but the use of this spray was only sanctioned by one of the Minister's predecessors in 2008, prior to which gardaí were able to conduct their work adequately. Is access to this type of facility adding to good policing? I have concerns. According to a response to my colleague, Deputy Seán Kenny, rolling out this facility has cost approximately €350,000.

We must remember that gardaí have a duty of care towards citizens who are engaging in legitimate political demonstrations and activities. I am sceptical about whether the access to or use of pepper spray, as it is colloquially known, assists good policing and community relations. One of our great strengths is that the Garda is a civilian police force. Facilities such as this need to be used with extreme caution, particularly given the fact that political activity will hopefully increase in the months and years ahead.

Alan Shatter (Dublin South, Fine Gael)
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I agree with the Deputy that such sprays must be used only in appropriate circumstances, as prescribed by the guidelines. I do not see why any increase in, as the Deputy described it, political activity should result in the use of such sprays. I am conscious that some of those who purport to be engaging in political activity resort to violence and abuse and disregard requests from the Garda Síochána to conduct themselves in a peaceful manner. There are individuals engaged in protest who seek to intimidate innocent persons going about their business. It is the job of the Garda Síochána to maintain law and order. I would be the first to defend any individual's right in this State to engage in peaceful protest on any issue, but I will not defend individuals who resort to violence or attack members of the Garda or the general community.

Members of the Garda Síochána have received appropriate training in the use of this spray. The Garda website outlines the details of the procedures applicable to its use. If it is used, a report is made to the Garda Síochána Ombudsman Commission, even in the absence of an individual making a complaint. If it is ever suggested that the spray is used in circumstances that are inappropriate, the Garda Síochána Ombudsman Commission is in existence to investigate any complaint that may be received.

Patrick Nulty (Dublin West, Labour)
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I thank the Minister. Good policing is about taking the heat out of potentially tense situations. This forms part of the Garda's training process. However, I would question whether having access to pepper spray assists that process. I hope it will be kept under ongoing review. Gardaí did not have access to pepper spray until 2008, yet I am sure the Minister would agree that the Garda Síochána was policing situations well prior to that time, including large events.

I draw the Minister's attention to cases of people being unhappy with policing, for example, at Rossport in County Mayo where citizens were engaging in political activity. Issues needed to be investigated. It is in the interests of good policing to monitor these situations closely. The less that facilities such as this spray are used, the better. Pepper spray has an effect on the person on whom it is used. The Minister must be vigilant in this regard.

Alan Shatter (Dublin South, Fine Gael)
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Of course, the Deputy is ignoring the fact that, for many years, members of the Garda Síochána had the use of batons to protect themselves. Some people would be of the view that the use of pepper spray by a member of the force under attack is better than using a baton, in that the spray does not do any permanent damage or serious injury to a member of the community who is attacking a garda. Pepper spray is an alternative mechanism available to a member of the Garda Síochána.

If individuals are engaged in peaceful protest, they do not attack members of the Garda. If individuals do not attack members of the general community who are not engaged in whatever protest is taking place, there is no particular reason that batons or pepper spray would ever be used. However, it is important that members of the force have at their disposal the means to protect themselves when under attack. We have in this country some individuals who engage in protests, intend to incite violence and are themselves violent and have no sense of the fundamental rights of ordinary individuals going about their business. It is important that the Garda have available to it whatever is necessary to protect its members in those circumstances.

There are some individuals who would like to see anarchy on our streets. It is the job of the Garda Síochána to maintain law and order and to protect the wider community. I will support it in that context.

Jonathan O'Brien (Cork North Central, Sinn Fein)
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I seek clarification. Is it for each garda to decide when it is appropriate to use pepper spray? If a garda is on patrol by himself or herself, there is no one else from whom direction can be taken. Where there is a political protest and a superior officer is present, is it for the superior or each garda to decide on when to deploy the spray?

Alan Shatter (Dublin South, Fine Gael)
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That is an operational matter and depends on the circumstances that arise.