Vol. 397 No. 9
57 Mr. Rabbitte asked the Minister for Justice if he will give details of the guidelines issued to members of the Garda as to when they may discharge firearms; his views on whether such guidelines are safe and satisfactory, if he intends to review same, in the light of recent experiences; and if he will make a statement on the matter.
Detailed instructions in relation to the circumstances in which firearms may be used by members of the force in the course of duty are set out in the Garda Síochána Code.
It is important to emphasise that firearms are issued only to members trained and proficient in their use; that firearms are issued primarily as weapons of defence; and that the members concerned must be fully familiar with the instructions governing the use of the firearm entrusted to them. Broadly speaking, a firearm may be used by a member of the Garda Síochána only in circumstances where it is absolutely necessary in self defence or to repel a serious attack on other persons or on property. The use of firearms would be justified only where the intention was to achieve a legal purpose and where all other means of achieving this purpose had been exhausted before firing.
An overriding principle in all of this area is that no more force than is necessary should be used. In every case where a firearm is discharged by a member of the force in the course of duty, the circumstances are fully investigated to ensure that all instructions have been strictly observed.
The Garda authorities have informed me that they consider that the instructions are satisfactory but that as a matter of course, and in the light of experience, the instructions and their operation are subject to regular review.
