Ruth Coppinger (Dublin West, Socialist Party)
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506. To ask the Minister for Justice and Equality her views on an incident on Henry Street, Dublin, on 13 March 2015 (details supplied). [11956/15]

Ruth Coppinger (Dublin West, Socialist Party)
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507. To ask the Minister for Justice and Equality her views on the proper use of pepper spray by members of an Garda Síochána. [11957/15]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 506 and 507 together.

In view of the fact that the Garda Síochána Ombudsman Commission has launched a public interest investigation into the incident referred to by the Deputy under powers granted to them by Section 102(4) of the Garda Síochána Act 2005, it would not be appropriate for me to comment on the matter while this investigation is ongoing.

However, on the general issue raised by the Deputy I can say the following.

The fundamental principle underpinning Garda operational actions is the need to ensure compliance with the requirements of legality, necessity, proportionality and accountability. This principle is also to be applied in a non-discriminatory manner in accordance with their obligations under the European Convention of Human Rights. In carrying out their duties, members of An Garda Síochána shall, as far as practicable and in so far as the circumstances dictate, consider non-physical means prior to resorting to the use of force.

A detailed manual on Garda policy and procedures in relation to the use of incapacitant spray can be viewed on the Garda website (www.garda.ie/Documents/User/Incapacitant%20Spray%20-%20Policy%20and%20Procedures.pdf). The manual sets out the detailed considerations which must always be taken into account by a member of the Garda Síochána before using incapacitant spray. Any use of incapacitant 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 incapacitant spray 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.

I believe, therefore, that comprehensive policy and procedures in relation to the use of incapacitant spray, and appropriate safeguards to ensure compliance with those standards, are in place within An Garda Síochána.