The right to protest is enshrined in the Constitution and in law, and is a legitimate part of our democracy. It is, however, a right to peaceful protest and it comes with responsibility. It is the responsibility of everyone who wishes to engage in protest to do so in a peaceful manner, and to do so in a way that does not infringe on public order or the safety and rights of others.
The Garda Commissioner is responsible for the management and administration of An Garda Síochána under section 33 of the Policing, Security and Community Safety Act 2024, which includes all operational policing matters. The Commissioner is independent in his functions under section 34 of the Act.
While the Garda Commissioner is responsible by law for operational policing, I am assured that the Garda approach to policing protests is predicated on keeping people safe, preventing anti-social and criminal behaviour, and the management of traffic.
Protests create operational challenges for An Garda Síochána. Factors such as the number of persons protesting, the location of protests and actions at the protest, as well as the health safety and welfare of all, including Gardaí, require significant assessment. In response to these demands, Gardaí may deploy an increased presence or other measures, as deemed operationally necessary.
An Garda Síochána's human rights based approach to policing provides guidance to Gardaí on how human rights are to be observed in the course of their work.
An Garda Síochána's response to any incident involves a graduated policing response considering relevant legislation and public safety, with enforcement as a last resort. In carrying out their duties Gardaí, as far as practicable, consider non-physical means before resorting to the use of force in the resolution of incidents that they respond to.
Furthermore it should be noted that incidents in which incapacitant spray has been used must be reported to Fiosrú, the independent Office of the Police Ombudsman. This ensures robust oversight of the use of this equipment by Gardaí.
An Garda Síochána publish their policy documents online, including that for Incapacitant Spray and Public Order Incidents, and these can be found at the following link:
https://www.garda.ie/en/about-us/publications/policy-documents/
Information on Garda use of force are published on the Garda website and in the Commissioner's monthly report to the Policing and Community Safety Authority.
An Garda Síochána's Use of Force statistics can be found at the following link:
https://www.garda.ie/en/information-centre/statistics/
The Garda Commissioner's monthly reports to the PCSA can be found here:
https://www.garda.ie/en/about-us/publications/general-reports/commissioner-s-monthly-reports-to-policing-and-community-safety-authority/
Fiosrú, the Office of the Police Ombudsman, is the sole independent body, established under the Policing, Security and Community Safety Act 2024, to investigate complaints against members of An Garda Síochána. The Police Ombudsman is independent in her functions under Section 173 (8) of the 2024 Act.
As Minister for Justice, I was satisfied with how the Gardaí policed recent protests and blockades. They did so in a very professional and responsible way. Consequently, I will not hold an investigation into the way they were policed.
