Ruth Coppinger (Dublin West, Solidarity)
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I wish to raise a matter of very serious importance, namely the use of pepper spray by An Garda Síochána. My concerns arise from what happened last Saturday at Dublin Port. A group of protesters went to the port in solidarity as we approach two years since the genocide in Gaza began, and in light of Ireland’s continued favourable trade with Israel. This was part of a global movement. In Italy last Friday, for example, workers held a general strike to try to stop the barbarism and bloodshed. The protesters at Dublin Port, who were entirely peaceful, met a large cordon of gardaí who blocked their path and prevented them from progressing. The gardaí then proceeded to use pepper spray indiscriminately, without any verbal warning and at a distance closer than the recommended 1 metre minimum. Gardaí also had riot shields and used long batons on the day.

I have a statement issued by the Irish Council for Civil Liberties following the events. It states it was gravely concerned by the heavy-handed policing approach to the protest. It refers to the indiscriminate use of pepper spray and states any use of force by gardaí must always be proportionate and necessary, in line with Garda policies.

Let me set out what Garda policies stipulate and how they were breached. Human-rights law provides broad protection for the right to peaceful protest. It actually protects the right to block a road. The only ground upon which gardaí can use pepper spray is if they fear violence is being used directly against them. The UNHRC specifically notes that mere pushing or shoving or anything like that, which was not even the case at the port because people were just walking, does not constitute or amount to a threat or to violence. Independent legal observers were present on behalf of the ICCL on the day and will, I hope, provide a report.

I turn to the Garda’s own regulations on the use of pepper spray. They state gardaí must always consider non-physical approaches, obviously. Paragraph 1.4 states the fundamental principle underpinning the use of pepper spray is that it must comply with the principles of legality, necessity, proportionality and accountability and is not to be used in a non-discriminatory manner. The regulations also state: "Every effort should be made to resolve an incident without resorting to the use of force." They add that gardaí "should avoid extended or repeat uses of Incapacitant Spray". That certainly did not happen.

A councillor there on the day gave witness testimony. A young member of my own party who works with me went down with her friends. She is in her 20s and was not even particularly taking part in the protest and was sprayed with pepper spray. I want to make it very clear that this is double strength pepper spray that the Garda is now using. The impact of it was felt by people for more than two days. Women I know who were the victims of this told me that they showered about three times and they were still burning the next day. There was absolutely no justification in using that type of what is basically chemical warfare against peaceful protesters. There was no threat of violence. This pepper spray was not used at the race riot, for example, when gardaí were under attack. I think it was being used for a different reason. There had been an effective protest the previous week that had an impact at the port. By the way, people are entitled to do that. The Garda was determined that would not happen again and it wanted to send a message to pro-Palestine protestors not to go to the port again. That is what I think happened.

Niall Collins (Limerick County, Fianna Fail)
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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?

Ruth Coppinger (Dublin West, Solidarity)
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I hope I get the extra half minute now that the Minister of State got. I will tell the Minister of State what I agree with. I agree that this Government that is meant to support the Palestinian state has utterly failed to carry out action in the past two years to do that. It would not even pass the occupied territories Bill.

Niall Collins (Limerick County, Fianna Fail)
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That is not true.

Ruth Coppinger (Dublin West, Solidarity)
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We are the second biggest trader with Israel.

Niall Collins (Limerick County, Fianna Fail)
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That is not true.

Ruth Coppinger (Dublin West, Solidarity)
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It is true.

Niall Collins (Limerick County, Fianna Fail)
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It is not true.

Ruth Coppinger (Dublin West, Solidarity)
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The Minister of State asked me a question. I totally agree that workers and young people throughout the world have been the only saving grace as this horrific genocide that we are seeing livestreamed on our phones each day has occurred. Only for the protest movements that are happening, there would be no action at all. The EU has been an utter disgrace throughout this and obviously the US has been a partner in the genocide. The Government is complicit in that it did nothing. I know the Government does not like that being said, but the word "complicit" means doing nothing when you see things happening as well doing something.

Niall Collins (Limerick County, Fianna Fail)
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That is not true.

Ruth Coppinger (Dublin West, Solidarity)
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Nobody would have to protest if the Government actually undertook and carried through its so-called support for Palestine. The injuries sustained include one person who has a broken wrist.

Niall Collins (Limerick County, Fianna Fail)
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What about locking down the city and the tunnel?

Ruth Coppinger (Dublin West, Solidarity)
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One young woman I know is on crutches. I got a phone call after and went down myself, and I actually saw a second round of pepper spray used. The impact on some of the people and the effect of it was absolutely horrific. I remind the Minister of State there is broad protection for the right to protest, nationally and internationally. If you are walking on a road or even if you are going to block a road, the Garda does not have the right to use pepper spray. Blocking roads is an effective means of protest. It was done for the right to vote for women. It was done for civil rights. It is done for lots of things. The Minister of State wants ineffective protests that achieve very little. He asked me if I think people have the right to block a port for a period of time.

Niall Collins (Limerick County, Fianna Fail)
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The Dublin Port tunnel.

Ruth Coppinger (Dublin West, Solidarity)
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I absolutely do to stop a genocide. They were not blocking the port tunnel. They were up at the port. The Minister of State does not know what they were going to do because they were actually blocked by the Garda. They were not actually blocking anybody.

Niall Collins (Limerick County, Fianna Fail)
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You see, the Deputy tries to own the argument every way. She does not have a monopoly on concern for the Palestinians. I have been to the Middle East. I have been to Palestine and to Ramallah and Hebron. I have walked the streets of East Jerusalem. I have been to the settler communities and seen the impact those have on the people of Palestine. The Deputy does not have a monopoly on concern for the Palestinians. She likes to present that she has a monopoly on it. The protestors do not have a monopoly on it. This Government has done more than any other Government across Europe in terms of trying to highlight and support the cause of the Palestinian people. I wonder if the Deputy thinks that locking down Dublin and reducing it to gridlock and impacting hundreds of thousands of people is acceptable. The Deputy failed to address it. Did she support it and does she support it? She obviously does by her silence.

Ruth Coppinger (Dublin West, Solidarity)
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For a genocide? To block a road to stop a genocide? Absolutely.

Niall Collins (Limerick County, Fianna Fail)
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You cannot have it both ways. You want to have it both ways. The Deputy thinks we can just lock down Dublin city centre every single day of the week.

Ruth Coppinger (Dublin West, Solidarity)
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Not every day, just one day

Niall Collins (Limerick County, Fianna Fail)
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That is what the Deputy is saying, because if it is okay once, then it is okay twice. Where does it go from there then? The Garda was right and acted completely correctly in my view.

Ruth Coppinger (Dublin West, Solidarity)
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They were right; okay.

Niall Collins (Limerick County, Fianna Fail)
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I have seen the video and I will support every single member of An Garda Síochána who policed that event because they were looking out for the hundreds of thousands of people around this city and region who-----

Ruth Coppinger (Dublin West, Solidarity)
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The Minister of State will not wait for any report. He will just-----

Niall Collins (Limerick County, Fianna Fail)
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-----have an absolutely right go about their business and use the public roads to get on with their business, get home to their families, do their day-to-day activities, get to work, get home, rear their children and bring their kids to their clubs and their sports. The Deputy, though, seems to think that locking down Dublin is acceptable.

Ruth Coppinger (Dublin West, Solidarity)
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It is about gardaí breaking their own rules.

Niall Collins (Limerick County, Fianna Fail)
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No, it is not. People are absolutely entitled to protest. Nobody disputes that. The Deputy, though, wants to elevate it and bring it to a place where it actually discredits what they are protesting for, and that is regrettable.

Ruth Coppinger (Dublin West, Solidarity)
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You are the one who has broken lots of laws with your housing and your properties.