Clare Daly (Dublin Fingal, Independent)
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80. To ask the Tánaiste and Minister for Justice and Equality if he will request GSOC to undertake an investigation of the activity of gardaí during an eviction at a location (details supplied) on 11 September 2018. [37983/18]

Charles Flanagan (Laois, Fine Gael)
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I am of course aware of reports surrounding the removal of individuals from a property in Dublin City centre last week. I understand that this removal was conducted on behalf of the property’s owner, and was subject to an order of the High Court directing people who had been occupying the premises to vacate it.

It is important to note that 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.

The Deputy will be aware that the manner in which Garda Operations are conducted is solely a matter for the Garda Commissioner and his management team. I am advised, however, 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. Community Gardaí were deployed initially and later supported by a Garda Public Order Unit.

The Garda Commissioner has stated that the Gardaí in attendance were acting appropriately in the course of their duty and demonstrated professionalism and restraint in the face of physical and verbal abuse from a very small minority of protesters.

I would also like to assure the Deputy of my firm belief in the right to protest. It is a fundamental right in any democracy and one which must be protected and facilitated. It must, however, be exercised with due regard to the rights of others in society and carried out peacefully and in accordance with the law.

As for the suggestion that any aspect of the matter should be investigated by the Garda Síochána Ombudsman Commission (GSOC), it is of course open to any individual who believes that a member or members of An Garda Síochána have committed any wrongdoing to report the matter to GSOC. It is the independent body charged with receiving complaints from the public concerning members of An Garda Síochána.

It is, of course, open to GSOC to commence their own public interest investigation under section 102(4) of An Garda Síochána Act 2005, if they consider there may be grounds or reason to do so.