Lynn Ruane (Independent) | Oireachtas source

I move amendment No. 59:

In page 93, line 25, after “State” to insert “in the fulfilment of their professional functions”.

Section 101 sets out the circumstances in which members of An Garda Síochána and the Garda Commissioner will be held liable for certain acts. The section, as drafted, provides that where a garda commits an actionable wrong, the Commissioner can be held liable for certain damages. Subsection (5) includes a qualifier that the liability does not extend to wrongs committed by the use of mechanically propelled vehicles which belong to the State. This simple amendment seeks to change the wording of the relevant subsection, such that wrongs committed by the use of Garda vehicles, where these vehicles are not being utilised by a garda in the fulfilment of his or her functions, would be liable under the Bill. There are various circumstances where a garda might, in the line of duty, be compelled to operate a Garda vehicle in a way he or she would not do ordinarily. I am thinking of emergency scenarios where the Garda might drive dangerously, for example, in pursuit of an individual or en routeto a call out or the scene of a crime. Members will recall a number of occasions where significant property damage and even the tragic loss of life have occurred. In contexts such as these, while we recognise there are certain scenarios where gardaí are required to operate a Garda vehicle in a manner that might ordinarily be perceived as dangerous, our fear is that if the section proceeds unamended, the unlawful use of Garda vehicles outside of emergency-type contexts will not be covered by the Bill.

The purpose of this amendment is to ensure that where a Garda vehicle is operated unlawfully by gardaí, outside of the immediate line of duty, they could be held liable for any damages. In tabling this amendment, I invite the Minister to provide any clarity she can on the laws that govern the use of Garda vehicles both inside and outside the line of duty and also to tease out the distinction between the line of duty and regular non-emergency operation of Garda vehicles.