Gardaí 'got it right' in use of emergency powers to enforce Covid-19 regulations

In excess of 30,000 checkpoints were conducted since the start of November. Picture:Gareth Chaney/Collins

Gardaí have “got it right” in their use of emergency powers to enforce Covid-19 regulations, the head of the Policing Authority has said.

Authority chairman Bob Collins said he did not think gardaí had been “reluctant” to use their powers and pointed out that officers often did not have the legal powers which the public thought they had.

He said that if gardaí had adopted a stronger enforcement strategy, such as the large-scale imposition of fines, that there could be a more “adverse reaction” from the public.

The chair was speaking at the publication of their annual review of the year and the publication of their latest report — which was presented to the justice minister — on garda performance during the Covid-19 public health crisis.

He said it was “disappointing” that some ‘wet’ pubs and shebeens were continuing to operate, as revealed in recent garda reports.

“In general, they [gardaí] have got it right in terms of their use of the powers,” Mr Collins said.

He agreed with the approach taken by gardaí from the outset of the crisis last March — where the “instinct was to use all mechanisms” before they went for the enforcement option.

Authority chief executive Helen Hall agreed, saying that the approach of Garda Commissioner Drew Harris from “day one” has been “positive” and had worked — where enforcement was the last of the ‘Four Es’ strategy — of Engage, Explain, Encourage, and Enforce.

She said gardaí had still brought cases before the DPP and noted the recent first garda closure order of a pub.

Mr Collins said some people might have had “too high” of a level of expectations that the gardaí could “do everything” and said they did not often have the powers to intervene that many people thought.

He said the authority had been “very, very supportive” of the garda approach that enforcement would be used “sparingly”.

He said this did depend on the continuing goodwill and social responsibility of the public, but said this was not “universally distributed” in the population.

He said that people might become more weary as restrictions continue and that adherence might “fray at the edges”.

In relation to whether or not frontline gardaí should be included in the first tier of groups to get the Covid-19 vaccine, Mr Collins declined to say, but added that he hoped gardaí would be included “as early as possible” with whatever was determined by the Government to be the public health priority.

He said the authority was “not advocating they should be placed ahead of others”, saying that had to be a determination made on medical and public health grounds.

He said the garda organisation was concerned with both the welfare of its members and the welfare of those they were in contact with.

In his foreword to the authority’s tenth report on garda performance during the Covid-19 crisis, Mr Collins said gardaí had “reached in” to communities.

“They sought out vulnerable people and gave them hope and a sense of greater security. The organisation also reached across," he said. 

Collaboration with the many organisations that work with people suffering domestic abuse brought together the full range of skills and so enhanced the outcomes for those affected.

“The seriousness of the organisation’s intent is manifested in the continuation of [Operation] Faoiseamh and the sustained emphasis placed on the awful reality of domestic violence. 

“We learned again what An Garda Síochána has often said, and what we have always known, that its role goes far beyond law enforcement and that, in its best moments, it can create a sense of security, of confidence and of certainty that a good policing service can help to keep people safe in all their vulnerabilities.” 

He added: “The concept of community safety was given new life in the past nine months as statutory and voluntary organisations together with An Garda Síochána sought collectively to make a sense of safety a reality for the entire community.”

In relation to the imposition of fines for breaching certain Covid-19 regulations, the report said this was introduced for the non-wearing of face masks on December 16.

“An Garda Síochána have done some initial comparative analysis between the fines imposed in neighbouring jurisdictions, such as Northern Ireland, England, Wales and Scotland,” it said.

While the scale of imposition of fines in those jurisdictions is significantly higher than ours, this does not appear so far to be reflected in poorer health outcomes for Ireland. 

The report said that from April 8 to December 5 there have been 859 incidents where enforcement powers under Covid-19 Regulations were used — an increase of 157 since the last report to the Minister which covered up to the 31 October 31.

“In excess of 30,000 checkpoints were conducted since the start of November representing a significant increase of activity during the Level 5 restrictions,” it said. 

“Despite the increase in garda activity and enforcement, there has only been one incident where an anti-spit hood has been used in November and December.” 

Mr Collins and Ms Hall reiterated the authority’s opposition to the use of spit hoods. Their continuing use — backed by garda representative bodies — is being reviewed by the Commissioner.

The authority report said that with the introduction of Level 5 restrictions, only retailers selling certain categories of goods or services were permitted to remain open.

It said that to enforce the closure of non-essential retail, Operation Treoraím commenced which resulted in 87 incidents, mostly occurring in November where the operation accounted for approximately 60% of all Covid-19 related incidents.

“While Operation Treoraím became the main source of new incidents during Level 5 restrictions, incidents involving members of the public have been considerably lower than what was experienced in the initial restrictions of April and May,” it said.

The report said that since 28 June the Garda Síochána reported the following:

• Nine incidents relating to breaches regarding face coverings;
• Five incidents relating to breaches regarding international travel;
• 74 incidents relating to other breaches (for example, organising events).

Commenting on the report, Justice Minister Helen McEntee said: “The latest report by the Policing Authority highlights once again the crucial role played by An Garda Síochána throughout the COVID-19 pandemic and, in particular, the community policing work undertaken in support of vulnerable people, particularly those victims of domestic violence who have been supported through the vital work of Operation Faoiseamh."

She said the Authority continued to commend An Garda Síochána on the tone of the policing carried out during the pandemic, both at the level of the individual and the organisation.

She said the Authority noted that this has not only built trust, but it was also reported that the tone of policing made the necessary intrusions on the daily course of normal life somehow more acceptable.

The minister added: “We are currently in a crucial period in our fight against Covid-19 and I would urge all members of the public to follow the public health guidelines that have been put in place and to follow the directions of gardaí in support of those guidelines over the Christmas period." 

With the advent of vaccination, we can all look forward to better times in 2021. 

"However, until then, we must continue to work together, adhere to the public health recommendations and take responsibility for preventing the spread of infection,” Ms McEntee said.