Clare Daly (Dublin Fingal, Independent)
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82. To ask the Tánaiste and Minister for Justice and Equality if he has sought information on the reason private security operators in attendance at an eviction at a location (details supplied) on 11 September 2018 did not display their PSA identification in a prominent place on their torso and-or arms where it can be clearly seen; and if criminal background checks were made on the alleged private security operators prior to or on the day they arrived in Dublin to ascertain if they were appropriate persons to be engaged in these activities. [37985/18]

Charles Flanagan (Laois, Fine Gael)
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The Private Security Authority (PSA), established under the Private Security Services Act 2004 (as amended), is the statutory body with responsibility for the licensing and regulation of the private security industry in the State.  The Authority is an independent body under the aegis of my Department.

A “security service” is defined in the Private Security Services Act 2004 (as amended) as a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor:

(a) door supervisor,

(b) installer of security equipment,

(c) private investigator,

(d) security consultant,

(e) security guard,

(f) provider of protected forms of transport,

(g) locksmith,

(h) supplier or installer of safes.

The persons in attendance at the location specified by the Deputy were involved in the execution of a court order and are not subject to regulation by the PSA. Accordingly, the display of PSA identification and the conduction of criminal background checks did not apply.

However, I have asked the relevant officials in my Department to review the relevant legislation and report to me in due course.

Joan Collins (Dublin South Central, Independent)
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84. To ask the Tánaiste and Minister for Justice and Equality if the private security company that cleared a premises (details supplied) in Dublin on 11 September 2018 has health and safety clearance; if its employees have been vetted by An Garda Síochána; the name, address and identification of the employees who cleared the premises; if the vehicle used by the security company was compliant for tax and insurance; if the driver or drivers have a full licence; and if An Garda Síochána ensured that the vehicle was road safety compliant. [38026/18]

Charles Flanagan (Laois, Fine Gael)
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In relation 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 conducted 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’s order being carried out safely, to ensure public order and to facilitate peaceful protest. 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.

It is also important to note that the execution of such 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. Accordingly, the persons involved in the execution of the High Court order are not licensable by the Private Security Authority.

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.

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.