Written answers

Tuesday, 3 October 2006

Department of Justice, Equality and Law Reform

Tribunals of Inquiry

9:00 pm

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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Question 175: To ask the Tánaiste and Minister for Justice, Equality and Law Reform his response to the report of the Barr Tribunal into the shooting dead of a person (details supplied); the action he has taken or intends to take arising from the report; and if he will make a statement on the matter. [30604/06]

Photo of Eamon RyanEamon Ryan (Dublin South, Green Party)
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Question 183: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the advances made to date to implement the recommendations contained in the report of the Barr Tribunal, in particular the recommendations that the Emergency Response Unit be equipped with stun guns and other non-lethal options and that improvements in Garda training in the context of siege situations be implemented without delay; and if he will make a statement on the matter. [30707/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 175 and 183 together.

As I stated at the time of the Barr Report's publication, it is important that we learn whatever lessons we can from the tragic death of John Carthy. In this regard, and in accordance with the Garda Síochána Act 2005, I have forwarded a copy of the Report to the Chief Inspector of the Garda Inspectorate, Ms Kathleen O'Toole. In the light of the Report's findings I have asked her to review Garda procedures and practices for dealing with incidents of the nature that arose in Abbeylara. In addition, under the provisions of the Garda Síochána Act 2005, all fatal shooting incidents involving the Gardaí will automatically be referred to the new Garda Ombudsman Commission.

However, the improvements that have already been made, both in terms of legislation and those initiatives already adopted by the Garda Commissioner, should not be overlooked. Legislatively, in addition to the new provisions of the Garda Síochána Act 2005, the Criminal Justice Act 2006 substantially reforms the law in relation to legally and illegally held firearms. These include amongst other things measures relating to suitability to possess firearms, secure accommodation for firearms, and mandatory sentences for certain firearms offences.

With regard to 'less lethal' weapons, following the tragedy in Abbeylara the Garda Commissioner appointed a Working Group to consider their use. The report of this Group was considered by Government in November 2002 and authorisation was granted for the introduction of three types of 'less lethal' weapons for use by the Garda ERU where appropriate, namely bean bag shot, pepper spray device and ferret pepper spray shot. The Emergency Response Unit has since been equipped with these devices and fully trained in their use.

An Garda Síochána also commenced a review in relation to response to critical incidents in 2003. Following this review, a Manual of Guidance for On Scene Commanders, outlining policy and procedures for dealing with critical incidents, was approved in May 2005. To date twenty-nine officers of Superintendent and Inspector rank have completed the On Scene Command training. In addition, as part of its Critical Incident Response Programme, discussions are continuing between An Garda Síochána and the Health Service Executive on the provision of specialist medical assistance at critical incidents in the form of psychological experts.

Moreover, the Garda Commissioner has assured me that An Garda Síochána are examining Mr Justice Barr's report carefully and comprehensively with a view to addressing the issues which arise.

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