Written answers
Thursday, 3 July 2025
Department of Justice and Equality
An Garda Síochána
Matt Carthy (Cavan-Monaghan, Sinn Fein)
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72. To ask the Tánaiste and Minister for Justice and Equality if he will establish an historical investigations unit to allow for independent police investigation into unresolved deaths and incidents of torture or ill-treatment, as proposed by the Irish Council for Civil Liberties and the Committee on the Administration of Justice; and if he will make a statement on the matter. [36602/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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As the Deputy will be aware, the Historical Investigation Unit structure was a proposal contained in the Stormont House Agreement specific to Northern Ireland.
In this jurisdiction, the Garda National Bureau of Criminal Investigation, led by the Assistant Commissioner for Organised and Serious Crime, holds a national investigative remit and is specialised in the area of major crime investigation. It undertakes and supports investigations on the direction of the Garda Commissioner.
The Deputy will also be aware that the expertise of the Serious Crime Review Team (SCRT), established in 2007 to provide for independent review of historical investigations, including homicides, is available where appropriate. These reviews constitute an independent examination of evidence and other material, gathered during investigation and to ensure that it conforms to approved standards; that the investigation has been thorough, conducted with integrity and objectivity; and to identify further investigative opportunities. The remit of the SCRT is broad and would include reviews of troubles-related cases, where appropriate.
I am assured that, in circumstances where historic offences have not been resolved, the investigations remain open and the Garda Authorities will, and do, follow up fully, on any new evidence or information that becomes available to them, whether that comes from the public, from other police services or from their own investigations.
I can also assure the Deputy that the Government is determined to fulfil our shared responsibilities as co-guarantors of the Good Friday Agreement. The Programme for Government explicitly states our commitment to play our full part in legacy processes and to address the legacy of the conflict in this jurisdiction. The Taoiseach, Tánaiste and I continue to engage with the British Government in this regard.
Michael Cahill (Kerry, Fianna Fail)
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73. To ask the Tánaiste and Minister for Justice and Equality the training and specific actions his Department is undertaking to ensure members of An Garda Síochána are best protected and best prepared for particular situations (details supplied); if there is a system within An Garda Síochána to engage vehicles that refuse to stop when engaged in criminal activity; and if he will make a statement on the matter. [36622/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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The Garda Commissioner is responsible for managing and controlling generally the administration and business of An Garda Síochána, including the training of its members. As Minister, I have no role in the matter.
I am advised by the Garda authorities that Garda trainees receive comprehensive instruction in the areas of Roads Policing during the course of their training at the Garda College. This includes instruction on the following:
- The functions of An Garda Síochána as outlined in section 9(1) of the Policing, Security and Community Safety Act 2024
- The functions of a checkpoint
- Out of Vehicle Safety Training
- The establishment and correct procedure to operate a checkpoint
- The legislative powers to operate a checkpoint and to stop and engage with drivers of mechanically propelled vehicles
- The legislative powers to demand certain information e.g. name and address, driving licence, insurance etc. from drivers of mechanically propelled vehicles.
In relation to the legislative powers available to Gardaí to operate and stop vehicles, Trainee Gardaí receive instruction in relation to;
- DPP vs Fagan (Supreme Court 1994) – the operation of random checkpoints falls within the common law power of Gardaí to detect and prevent crime.
- Section 109 of the Road Traffic Act 1961, as amended. This section obliges the driver of an MPV in a public place to stop his/her vehicle when directed to do so by a member of An Garda Síochána.
- Deployment of a Vehicle Stopping Device as a tactical option for the managed pursuit of all vehicles
- Compliance with manufacturers guidelines (Health & Safety)
- The Garda Decision Making Model / Overarching Use of Force Policy / European Convention for Human Rights
- Case studies from real life scenarios to identify key learning points
- Safety – Deploying methods, suitable deployment locations and use of cover
- Communications – Important details to be communicated between deploying member, following patrol vehicle, Regional Control Dispatcher and the Garda Air Support Unit
- Other factors – Planned and Spontaneous pursuits/stops, motorway cover & motorway deployment, parking of Garda vehicle near deployment site and factors such as weather/speed, etc.
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