Gardaí 'reluctant' to use powers in case of Gsoc investigation 

An Garda Siochana at the scene in Dublin City centre. Picture: PA

Policing Authority Chairman Bob Collins has said that 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 to them partly because of a fear of finding themselves the subject of a Gsoc investigation.

Speaking on RTÉ’s This Week, Mr Collins said such a reluctance was a “source of surprise” to him and the Policing Authority.

“Because the law is clear and the code of ethics that the authority established at the beginning of 2017 one of the first things it did after it came in to being itself was to make quite clear that powers that are available to gardaí.

"It says simply and clearly in that code law and public safety may oblige gardaí to use their powers. 

Oblige not permit. Oblige. 

"And in those circumstances it is 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.” 

Mr Collins was asked about a recent statement made by Justice Minister Helen McEntee, that she had asked the Policing Authority to “provide clarity on the use of force by gardaí so they do not feel like that are operating “with their hands behind their backs.” 

An Garda Siochana at the scene in Dublin City centre. Picture: PA Wire

Ms McEntee also said she had asked the Policing Authority to look at equipment and resources gardaí might need to crack down on rioters.

Mr Collins said that the formal request that came down from the Minister did not involve clarifying the garda position on the use of force.

When asked what force was appropriate in dealing with certain situations Mr Collins stressed that was “a matter for law, and for their (garda) superiors and ultimately for the Commissioner."

And as I say it is a source of some surprise that gardaí feel that the risk of a complaint being made to Gsoc might be a consequence of their use of force.

"What matters to the authority is what the Minister has formally asked the authority to do and that we will do. And anything else thinking aloud perhaps but it is not an issue for us. “ 

Mr Collins said he was “somewhat surprised” that it appears that “no guidance or direction may have been given on the day, on the evening (of the riots) to gardaí.” 

“But I am no less surprised that gardaí didn’t feel empowered to use the power that is explicitly given to them. Because gardaí welcome the fact that they have discretion, and that discretion is recognised in the code of ethics. 

Well then these are circumstances in which they should be prepared to use it even if the consequence is that there be a complaint made to Gsoc.

Mr Collins noted that "gardai are not exempt from the law themselves," but said they they do not want to be.

He added: "It is a matter for the Commissioner to determine the duty status of every garda member in the organisation. If there is any doubt as to what the circumstances of an individual complaint to Gsoc well then that is a matter that has to be resolved between the Commissioner and Gsoc."

Mr Collins said that he had “full confidence” in Garda Commissioner Drew Harris "unshaken by what has happened in the last week."