Catherine Martin (Dublin Rathdown, Green Party)
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207. To ask the Tánaiste and Minister for Justice and Equality his views on Garda actions surrounding the removal of occupiers from a location (details supplied); if the wearing of balaclavas by members of An Garda Síochána is lawful or appropriate in such circumstances; and if he will make a statement on the matter. [38313/18]

Charles Flanagan (Laois, Fine Gael)
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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 in question, 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.

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 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 in what were very difficult circumstances.

I am aware that 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 subjected to threats, intimidation or abuse.