THE CHAIR OF the Policing Authority has said he is “surprised” to hear that gardaí are reluctant to use force as they fear discipline proceedings.
Bob Collins, a former RTE Director General, was speaking this afternoon on RTE Radio.
Justice Minister Helen McEntee has asked the Policing Authority to carry out a review aiming to provide clarity on the use of force by gardaí responding to public order incidents similar to the Dublin riot.
The Fine Gael TD, who is facing a no confidence vote next week, is putting forward the review as part of an examination of the support available to An Garda Síochána when dealing with scenes similar to that seen in the city centre.
McEntee has also asked the Policing Authority to review how frontline Gardaí deal with serious public order events can be further supported.
The Minister said she believes that gardaí should not feel they have to “look over the shoulder” when in violent situations and are faced with a choice of using force.
The phrase “use of force” is in reference to a garda power to use proportional and necessary coercive force while in the course of their duties – this covers everything from the use of handcuffs, to baton strikes, to pepper spray to physical grappling.
The Garda Síochána Ombudsman Commission (GSOC) has pushed back on the suggestion and said that they do not determine who is prosecuted.
When asked did he and the Policing Authority believe that gardaí were correct in their assumption: “It appears to be the case that there is at least some reluctance on the part of some gardaí to use the powers that are available partly because of an apprehension of what the consequences might be somewhere down the line.
“That’s a source of surprise to me and to the Authority because it all is clear in the code of ethics that the Authority established at the beginning of 2017.”
Collins said that the Policing Authority had previously set out the powers gardaí gardaí have to use.
“And in those circumstances, it’s difficult to be certain as to why there might be a reluctance or an apprehension to protect themselves to protect the public to deter illegal activity to protect their colleagues,” he claimed.
He denied that the Minister has requested his body to give clarity to the situation for gardaí around use of force.
“No, the formal request that came to us from the Minister did not include that. It has asked us to advise her as to what else might be done to enhance policing performance and support the gardaí in the use of their lawful powers, to look again at the garda response to the recommendations of the Inspectorate’s Report and to look at additional equipment, facilities, information technology, vehicles or training that might be required or any changes in policy, procedure or law,” he said.
The Inspectorate’s Report is in reference to the Garda Inspectorate who have compiled reports on policing resources and processes including a landmark Future of Policing study.
Collins said there was a difference between the Minister’s formal request and her public pronouncements would have to ask McEntee what she meant by a review of use of force in public pronouncements.
“I am to a certain extent relieved, that’s the wrong word, but I am pleased that request was not made of the Authority because I’m not sure that fits within the Authority’s statutory remit,” he added.
He added that it is the responsibility for the law, garda management and particularly the Garda Commissioner to decide on the use of force. He stressed that Minister has not asked formally for them to review the topic.
Separately Collins blamed the Covid-19 pandemic for problems associated with a shortfall in policing numbers and also said he has full confidence in Commissioner Drew Harris.
“I do [have confidence in Drew Harris], unshaken by what has happened in the last week,” he added.
At an event in Dublin today the Taoiseach Leo Varadkar said that gardaí had received appropriate training in how to use force.
“I suppose above all, gardaí are trained and they’re trained very well as to when to use force and when not to use force and I think the best person to do that is the Garda commissioner and his team to make sure that gardaí have the advice and the train they need to use force as appropriate,” he said.
Meanwhile Sinn Féin TD, Donnacha Ó Laoghaire, speaking on the same programme today, said that his party were pressing ahead with their vote of no confidence in the Minister.
“I think we have to look at the reality here is that this has been a crisis that has been brewing for some time now.
“Gardaí on the street and that is our priority, that is our focus – and that is the fundamental failure,” he said.
The Sinn Féin TD said that it was because of policies adopted by “successive Fine Gael Governments” over the last 12 years that have reduced garda numbers.
“And it’s clear that what happened on the 23 [November] was compounded by the fact that there were not enough gardaí on hand in order to support their colleagues,” he added.
Minister for State for European Affairs and Defence Peter Burke defended the Government’s record and said that McEntee was in a “very strong position”.
With reporting from Muiris Ó Cearbhaill.
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