Mick Wallace (Wexford, Independent)
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I thank the Ceann Comhairle for selecting this issue. The report of the Commission on the Future of Policing in Ireland was released yesterday and there has been a great deal of talk about gardaí working more closely with the community. Working more closely with the community makes a great deal of sense for An Garda Síochána and is in the public interest. The public would like it. In the recent incident on Frederick Street North, however, 12 public order gardaí went in wearing balaclavas with at least six other regular gardaí attending, giving a total of approximately 18. It is a bit mad and it does not create the right public impression. If the owner of the building gets a court order to evacuate the building and decides to hire a group of gurriers to accomplish that, gardaí should not reinforce them. It does not do them any good.

Joan Collins (Dublin South Central, Independent)
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On 11 September, a group of men from a private security firm carried out an eviction at 34 Frederick Street North. These men were masked along with three members of An Garda Síochána. Also attending was a Garda riot squad, a public order unit, a Garda Transit van and a Garda Jeep with dogs. Some of these gardaí were also wearing masks and not displaying ID numbers.

What investigation has been set up to determine whether human rights abuses were committed, as Amnesty Ireland states? The questions that need to be asked are very serious ones. When did the landlady get the enforcement notice? Normally, it would be the sheriff who would implement the eviction using whatever resources were required. Was the security firm approved under health and safety legislation? Were the men from the security firm who were outside the door vetted? Those questions are very serious. Following what Commissioner Drew Harris said, why were gardaí wearing masks?

Clare Daly (Dublin Fingal, Independent)
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There was a certain irony in the situation that developed in Frederick Street North after the new Garda Commissioner had come out and called for transparency in the service. That appalling incident then occurred where we had members of An Garda Síochána wear balaclavas to deal with citizens. Under the Constitution, the owner of the site had a right to organise to have her property vacated. In that sense, it was a private matter between the owner and the people occupying the property. That gardaí felt it was their role to take sides in that situation is reprehensible and will set back any attempts being made to foster trust between the community and An Garda Síochána. In that context, what investigation has the Minister called for with regard to those events? They have set back trust in gardaí to a very great degree in that property was valued ahead of human rights.

Charles Flanagan (Laois, Fine Gael)
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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.

Mick Wallace (Wexford, Independent)
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The Minister says gardaí should not be targeted by protesters. We agree 100%, and under no circumstances would we target gardaí, but nor should gardaí have been exposed to this. I would like to know who sent them in there. I do not believe for a second that Commissioner Harris did so, nor do I believe it was his decision that they wear balaclavas. I am sure he has better things to do than engage in incidents such as this. We would, however, like to know who took these decisions and whether anyone will be held responsible for them. I know the Commissioner is having his own investigation into the matter. I know the Garda Síochána Ombudsman Commission, GSOC, cannot carry out a section 102 investigation without the Commissioner or the Minister authorising it, just as GSOC was not allowed to investigate the Corrib gas incident. This incident, however, should be investigated in the interest of An Garda Síochána. We want the public to trust An Garda Síochána 100%. For that to happen it is important that when incidents such as this arise, they be investigated thoroughly, and I ask the Minister to facilitate this.

Joan Collins (Dublin South Central, Independent)
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Did the landlady employ the private security firm in question to enact the court order? Was she not supposed to get an enforcement order? The Minister says this is solely a matter for An Garda Síochána. Why did the Garda believe it necessary to send out a Garda riot squad, a public order unit, a Garda Transit Connect van and masked gardaí without identification numbers? The masked men from the private security firm did not have identification numbers either and there was nothing to identify who they were working for or what they were doing there. This incident was very sinister. I stand with my colleagues in saying I do not condone violence. When I was arrested on Parnell Road, I was standing peacefully on a water meter and I did not in any way challenge the gardaí present. If gardaí think someone has done something wrong, they arrest that person, who may subsequently be convicted. Whatever the issue is, one does not go into an incident such as the one we are discussing with batons, dogs, pepper spray and so on. It was a peaceful protest. The people inside the premises left it peacefully, and there was no need for heavy-handed tactics and what looked like very sinister efforts on the part of the Garda and the private security firm.

Clare Daly (Dublin Fingal, Independent)
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We must be very conscious that this incident has set back public confidence in An Garda Síochána considerably. That is my starting point on this issue. We have as the backdrop an unprecedented housing crisis, whereby people, including families, are homeless. That the Garda organisation, whose motto is supposed to be "to protect and serve", rallies around those carrying out an eviction resonates really badly with the Irish public. One may call it political with a small "p"; it was certainly lunacy on the part of whoever made the call. Like Deputy Wallace, I do not believe it was the Garda Commissioner.

The Minister says the gardaí were only upholding the law. My neighbours' house was broken into and when they called the Garda, they did not see a garda for love nor money. That is also the job of the Garda. It chose to take sides in this instance. There was no signal that there would be public order problems of the scale that merited masks and balaclavas and all that kind of carry-on and palaver, which was highly intimidating. The matter deserves an investigation, particularly given that concrete evidence has been produced which shows that the security firm was breaching the law, yet the perception was that the gardaí were present to protect the firm and not the public.

Charles Flanagan (Laois, Fine Gael)
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I agree with Deputy Daly that trust and confidence in the police service is vital in any democratic society. I say to Deputy Collins that those present were acting in accordance with a High Court order, which, by my understanding, was lawfully obtained and was being lawfully executed. I reiterate that the gardaí present faced a most difficult task in managing protest and enforcing the law. There was abuse, including racial abuse. Online threats and intimidation came to light at the weekend. Such threats are utterly unacceptable and rightly being investigated. Gardaí work on our behalf. They need support from the public, not intimidation or abuse.

As I have said, Commissioner Harris has made a statement on the protest. I understand he has requested a report from assistant commissioner, DMR, to see what lessons can be learned from the event. I assure the House that my Department continues to work closely with all stakeholders, including An Garda Síochána, to further enhance the safety of the public at such events, while safeguarding the fundamental right of people to protest. If people have concerns about the way in which gardaí behave, concerns which I have just heard, in respect of this or any other matter, there are established procedures for pursuing such matters. Deputies are aware of the role of the Garda Síochána Ombudsman Commission in this regard.

Alan Farrell (Dublin Fingal, Fine Gael)
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Is the Minister taking the next Topical Issue matter?

Charles Flanagan (Laois, Fine Gael)
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No.

Alan Farrell (Dublin Fingal, Fine Gael)
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We will pause for a moment to allow the Minister for Education and Skills to attend. I note the Minister for Transport, Tourism and Sport, Deputy Ross, is here to discuss the third Topical Issue matter. If Deputies are agreeable, we will discuss the third matter now and take the second matter when the Minister for Education and Skills arrives.