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Dáil Éireann debate -
Wednesday, 26 Oct 1949

Vol. 118 No. 1

Ceisteanna—Questions. Oral Answers. - Use of Firearms and Batons by Garda.

asked the Minister for Justice if he will state whether detective officers of the Garda Síochána, who carry firearms, are ordinarily engaged on duties connected with the general enforcement of the law, other than those arising from political activities, and in particular on duties connected with trade disputes.

asked the Minister for Justice if he will state the regulations governing the use of batons and firearms by members of the Garda Síochána in the course of their duties.

asked the Minister for Justice if he will state the regulations governing the issue of firearms to members of the Crimes Ordinary Branch and the Crimes Special Branch of the Garda Síochána.

I propose, if the Ceann Comhairle permits, to answer Questions Nos. 40, 41 and 42 together.

Generally speaking, the members of the Garda Síochána are unarmed but all the members of the detective branch and some of the members of the uniformed branch who are engaged on special duties are supplied with arms as part of their equipment. However, this does not mean that every detective carries a firearm on his person every time he goes on duty. Whether he should do so or not on any particular occasion is a matter to be determined in the discretion of the officer concerned, in accordance with the circumstances of the case, subject to the general or special directions of his superior. No special instructions have been given with respect to the carrying of firearms by members engaged on duties in connection with trades disputes nor does it appear to me that any such instructions are called for.

In my judgment it would not be in the public interest to disclose to all and sundry the precise restrictions that are imposed upon the police in the use of firearms or batons, but I can assure the Deputy that I have personally satisfied myself that the standing instructions have been carefully considered and are clear and comprehensive. And having regard to this assurance I think it should allay all reasonable misgivings for me to say that the instructions make it clear that, even in those cases in which the law permits of their use, firearms are only to be used as a last resort and that where the use of batons is necessitated there must be no more force than is necessary.

I need not remind the Deputy that, quite apart from the disciplinary aspects of the matter, a police officer who is guilty of any excess of force is answerable before the courts like any other citizen.

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