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.
Section 9(1) of the Policing, Security and Community Safety Act 2024 states that one of the functions of An Garda Síochána is 'regulating and controlling road traffic and improving road safety.' Garda trainees are instructed that a checkpoint has several functions, namely to act as a preventative measure to monitor and control the movement of criminals; to monitor and gain intelligence on the movement of persons, criminals and terrorists; to detect stolen vehicles; to detect and act as a deterrent for road traffic offences; and to complete questionnaires in relation to criminal investigations.
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.
Training of Vehicle Stopping Device Instructors is carried out by the Garda College and focuses on the following;
• 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.
I am further advised that all training is based around the relevant Vehicle Stopping Device Policy – HQ directive 088/2024. The members of An Garda Síochána trained to master instructor level complete their training with the Metropolitan Police Tactical Driving Academy at Hendon, London. These instructors roll out this training to Garda members nationally.