Written answers

Wednesday, 19 September 2018

Department of Justice and Equality

Garda Operations

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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72. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to serious breaches of the Road Traffic Act 2010 during an eviction carried out at a location (details supplied) on 11 September 2018 without apparent action being taken by gardaí in attendance; and the action he has taken regarding same. [37987/18]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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73. To ask the Tánaiste and Minister for Justice and Equality if he has contacted the Garda Commissioner to seek an explanation for the use of balaclavas by gardaí acting as private security for private security company personnel also in balaclavas carrying out an eviction in Dublin on 11 September 2018; and his views on whether this is an appropriate use of Garda time by taking sides in a private matter. [37950/18]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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81. To ask the Tánaiste and Minister for Justice and Equality if his attention has been drawn to serious breaches of the Road Traffic Act 2010 during an eviction at a location (details supplied) on 11 September 2018; and the action taken by him to address the apparent lack of action by attending gardaí. [37984/18]

Photo of Clare DalyClare Daly (Dublin Fingal, Independent)
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83. To ask the Tánaiste and Minister for Justice and Equality if the driver of a bus in attendance at a location (details supplied) on 11 September 2018 has the relevant vehicle licence D in Ireland or its Northern Ireland or UK equivalent to drive this vehicle; and if the driver holds a current driver CPC or its UK or Northern Ireland equivalent as required by law. [37986/18]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 72, 73, 81 and 83 together.

The Deputy will appreciate that the manner in which any Garda operation is conducted is solely a matter for the Garda Commissioner and his management team and I, as Minister, have no role in this regard. Similarly, the deployment of all Garda resources, including personnel, is a matter for An Garda Síochána.

With regard to the incident referred to by the Deputy, I am advised by the Garda authorities that a removal was conducted on behalf of the property’s owner, and was the subject of a High Court order directing people who had been occupying the premises to vacate it. The removal of individuals from the property was not conducted by An Garda Síochána, but by a private firm acting for the owner of the premises on foot of this High Court Order.

I am further advised that the role of the Gardaí who were in attendance at the scene that evening was to facilitate the High Court order being carried out safely, to ensure public order and to facilitate peaceful protest. I understand that Community Gardaí were deployed initially and were later supported by a Garda Public Order Unit.

The execution of High Court orders is not a matter which falls within the remit of the Private Security Authority. The law and procedures governing the execution of Court Orders are contained in the Enforcement of Court Orders Acts and the Rules of Court made under them, and any dispute in relation to the enforcement of a Court Order is solely a matter for the Courts.

I note Commissioner Harris’s recent statement in relation to the protest and he has requested a report from the Assistant Commissioner, Dublin Metropolitan Region (DMR), to see what lessons can be learned from the event. I understand that this review will include an examination of a particular vehicle involved in the removal of the persons from the premises, as well as any other associated Road Traffic Act offences that might have occurred. I also note that the Policing Authority will be pursuing this matter with An Garda Síochána too.

The right to protest is a fundamental one in any democracy, and one which must be protected and facilitated. However, it is also a right that must 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 were enforcing the law of the land in what were very difficult circumstances.

As the Deputy has pointed out, there has been some disquiet about members of the Public Order Unit wearing hoods. The Commissioner has said they should have been worn in conjunction with helmets and you 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, and particularly those who undertake public order policing, are frequently personally targeted and subjected to vile abuse and threats, particularly online. At the protest itself, the Gardaí were subject to sustained abuse, including in one incident, racist abuse and I condemn that behaviour. Where behaviour crosses the line into criminality, it may be investigated but it would be preferable if the crime did not occur at all. I would appeal to people to recognise that Gardaí simply doing their jobs should not be targeted in this way.

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