The Minister for Justice and Equality, Charlie Flanagan TD, today welcomed publication by the Garda Commissioner of up-to-date statistics on the use of the new Garda powers.
These powers are provided for under section 31A of the Health Act 1947, as inserted by the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020, in order to protect public health during the Covid-19 pandemic. The Minister also welcomed the important work of the Policing Authority which, in response to a request from the Minister, is engaging regularly with the Commissioner and his senior team on the policing operation and the use of Garda powers.
Minister Flanagan said,
We all recognise that the temporary powers given to Gardaí in support of the public health restrictions on movement and gatherings are far-reaching. Because of this, I requested the Commissioner to compile and publish a record of any use of these powers, with a view to ensuring transparency and public confidence. I welcome the Commissioner’s response in publishing this data on a weekly basis.
The Minister welcomed the high level of compliance by the public with the guidance and temporary public health measures in place to inhibit the spread of Covid-19.
Commenting further on the report, the Minister said:
There were many thousands of interactions between Gardaí and members of the public during this period, and I note that Gardaí have used their new arrest powers sparingly - on only 34 occasions to date. This is a welcome demonstration that there continues to be a high level of public compliance with the temporary public health measures in place to inhibit the spread of Covid-19.
It is also confirmation that the graduated policing response adopted by Gardaí – engaging, educating, encouraging and only as a last resort enforcing – is understood by the public and is working.
To provide additional public assurance that these extraordinary measures are being implemented in an appropriate and proportionate way, I have also asked the Policing Authority to assess and report regularly on the use of these regulations by An Garda Síochána. I thank the Policing Authority for its rapid work in preparing the first in this series of reports on this important issue.
The Policing Authority is monitoring use of the Garda powers and the deployment of anti-spit guards, which it notes has been limited to date. The Authority reports a general sense that the approach of An Garda Síochána to date has been reasonable and that enforcement is indeed being used as a last resort. It also welcomes the Commissioner’s transparent approach to publishing use of the arrest powers, while identifying some issues of particular attention including training of newly attested Gardaí and the introduction of anti-spit hoods. It records the Authority’s intention to work with the Commissioner to revise the objectives set out in the Policing Plan 2020, in light of Covid-19.
Reflecting on these matters overall, Minister Flanagan said:
These are extraordinary times. However I am confident that as a society and a State, we will emerge from this crisis stronger, in large part thanks to the dedication of our frontline services including An Garda Síochána, as well as the shared sense of community and cooperation which can now be seen across the country.
I am confident that the proactive publication of data by the Garda Commissioner on the use by Gardaí of these new powers, as well as the ongoing engagement and oversight of the Policing Authority, will strengthen the Garda response to this emergency and help to maintain the public’s trust in the Gardaí in these difficult times. These important safeguards will also assist in ensuring that trust in An Garda Síochána and its tradition of policing by consent is protected.