asked the Minister for Justice under what circumstances gardaí may call upon the Army to assist them in the discharge of their duties; the rank or ranks of the officer or officers who have the responsibility of deciding whether or not to call in the Army; whether the Garda have any control over the type of weapons to be used or actions to be taken by the Army assisting the Garda in the discharge of their duties; and if the Garda have no right to call upon the Army to assist them, by whom the Army may be directed to go to the assistance of the Garda and under whose orders would the Army operate while assisting the Garda.
Ceisteanna—Questions. Oral Answers. - Army Assistance to Garda.
32.
Standing instructions to the Garda provide that they may call for assistance from the Army when armed resistance in the performance of their duty is apprehended or when they find themselves unable to control a violent mob or when their own resources are inadequate to maintain order.
Normally a requisition for troops would be made by the senior Garda officer present and, where time permitted, the approval of the Commissioner would first be obtained.
As far as the Garda are concerned, the officer commanding the troops is solely responsible for deciding the action the troops are to take in the particular circumstances.
Are we to understand that the situation is that the Garda might be compelled in certain circumstances to call in the Army and that the Garda would have no say whatever in deciding whether the Army might use CS gas against Irish citizens?
The position is that when the Garda bring in the Army the troops are under the sole command of their commanding officer on the spot. The senior Garda officer present has no jurisdiction over the troops.
From the Minister's reply I understand the answer to my question to be "yes"?
I think the Deputy might understand too much by that. As I pointed out to the House already, the Garda have no supplies of what the Deputy describes as CS gas and, therefore, the question of its use by the Garda does not arise. I understand the Deputy has a question put down to the Minister for Defence in regard to its use by the Army.
Will the Minister now give an assurance that he will take steps to see to it that the Garda will not call in troops who will be armed with CS gas having regard to the real danger of innocent people being affected by this potentially dangerous gas?
It is not my function as Minister for Justice to dictate to the Army what they will arm themselves with. It is a question for the commanding officers.
There is no reason the Minister cannot say he will not call in the Army.
It is not a question for me, as I have pointed out twice to the Deputy.
It is a question for the Government; it is a question of collective responsibility.
I have already told the Deputy it is not for me to dictate to the Army——
The Minister knows that if the Army are called in they can use the CS gas.
I have already told the Deputy I have no function in the matter.
We cannot debate this question all afternoon. I am calling Question No. 33.
The Government have responsibility in this matter. Who is going to answer to the innocent injured people?
Will Deputy Ryan please cease interrupting? I am calling Question No. 33.