Calls for gardaí to note ethnicity during stop-and-search operations

The Irish Council for Civil Liberties says it is opposed to the proposal that the power of arrest without warrant will be extended to non-serious offences. File picture: Dan Linehan

New laws on Garda powers should require gardaí to record the ethnic origin of a person during a stop and search, the Irish Human Rights and Equality Commission has said.

In its submission on the Garda Síochána (Powers) Bill, the IHREC also calls for stronger provisions to prohibit racial profiling from happening.

In a separate submission on the bill, the Irish Council for Civil Liberties calls for detention not to go beyond 24 hours and opposed proposals to extend the power of arrest without warrant to non-serious offences.

The Garda Powers Bill is one of a number of garda bills going through the Oireachtas.

The IHREC says the collection of data on the ethnicity or racial background of people subjected to stop-and-search operations is a “fundamental tool” in the oversight of police powers.

“Without equality data, including special categories on racial and ethnic origin, it is difficult to measure how the implementation of Garda powers impacts people in different sectors of society,” the commission said.

To accompany this, the IHREC says there should be training for gardaí in “cultural competence, human rights and equality”. In addition, it says custody records in garda stations should contain a record of the detainee’s race or ethnicity.

What's your view on this issue?

You can tell us here

The commission said that while there is a legal basis for An Garda Síochána to collect this type of data, the new bill provides an opportunity to create a “specific statutory basis and requirement” for data collection.

The IHREC also wants an obligation on gardaí to take all reasonable steps to protect the rights of people with disabilities, including the right to an advocate.

In relation to protecting the rights of children, the commission highlights the role of a lawyer, or appropriate adult, in safeguarding the rights of children in detention. It calls for limitations on the circumstances in which a child may be questioned prior to a solicitor being present.

The ICCL supports the call for recording data on ethnicity and said this should also include gender. Regarding other provisions in the bill, it recommends that detention should not be extended beyond 24 hours.

The ICCL says it is opposed to the proposal that the power of arrest without warrant will be extended to non-serious offences. The group says it is also against provisions to compel a person to provide a password.