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Dáil Éireann debate -
Wednesday, 7 Oct 1998

Vol. 494 No. 5

Written Answers. - Garda Operations.

John Gormley

Question:

142 Mr. Gormley asked the Minister for Justice, Equality and Law Reform the guidelines, if any, in place governing the use of batons and handcuffs by uniformed gardaí in the discharge of their policing duties; and if he will make a statement on the matter. [18938/98]

I have been informed by the Garda authorities that the detailed guidelines governing the use of batons and handcuffs by gardaí in the discharge of their policing duties are set out in the Garda code and circulars.

I am also informed that all gardaí in training receive instructions in the care and use of handcuffs and batons, as part of their training. Other gardaí also receive instruction on a periodic basis.

The degree of force permitted by law and the means of applying it will vary with the nature and gravity of the situation to be dealt with. Where there is no option but to use force the force must be moderate and proportioned to the circumstances of each particular case; the methods of its application must be adjusted and restrained; no more force is to be used than is necessary to achieve the purpose.

The dignity and rights of all persons in Garda custody must be upheld and all legal and procedural rules regarding persons in custody must be allowed.

John Gormley

Question:

143 Mr. Gormley asked the Minister for Justice, Equality and Law Reform if he will outline the guidelines which stipulate the appropriate response of a uniformed Garda when asked for his name and identification number by a member of the public. [18939/98]

I understand from the Garda authorities that the Garda Code Regulations stipulate that when the nature of the duty permits, members on duty in uniform will in all reasonable circumstances, when requested, supply their name, rank, registered number and station to a member of the public directly affected by, or properly concerned with, the duty being udertaken.

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