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Dáil Éireann debate -
Thursday, 6 Feb 2003

Vol. 560 No. 5

Written Answers. - Garda Disciplinary Proceedings.

22.

asked the Minister for Justice, Equality and Law Reform the steps he intends to take to reduce the appearance of a significant breakdown of order and discipline in some sections of the Garda having regard to the fact that the taxpayer had to pay out more than €6 million in respect of claims taken for assault, unlawful arrest or other breach of a citizen's rights; and if he will make a statement on the matter. [2910/03]

The figure of €6 million which the Deputy quotes appears to be taken from information I previously gave in reply to a parliamentary question on 27 November 2002. This figure included court awards and out of court settlements over a five year period from 1997 to 2001. The expenditure was made in respect of allegations of assault, unlawful arrest and other alleged wrongs suffered by civilians. Although the claims of alleged assault and wrongful arrest formed the highest percentage of these types of civil actions taken against the Garda Síochána, other breaches of citizens' rights made up almost €4 million of the expenditure figure quoted by the Deputy.

The reality is that civil actions may be taken by the general public against members of the Garda Síochána for compensation for any alleged wrongs and personal injuries inflicted on them by Garda members in the performance of their duties. Settlement of cases takes place on the advice of the Chief State Solicitor, the Attorney General and State counsel.

The Garda Commissioner has informed me that incidents which culminate in successful claims against the State in respect of the actions of gardaí are examined with a view to identifying and implementing operational strategies to eliminate or reduce similar claims in the future. A pilot scheme in conflict resolution was introduced in Store Street and Tallaght Garda stations in 2001. Following this pilot scheme, conflict resolution training has been introduced into the education programme for trainee gardaí. Training in conflict resolution is included in the programme at in-service training schools nationwide for members at garda and sergeant rank. The aim of the training is to provide members with the skills to defuse a confrontational situation without having to use force.

The Garda Commissioner has also informed me that the Garda Síochána (Discipline) Regulations, 1989 are invoked in appropriate cases where the actions of individual garda come into question, some of which may also be the subject of legal actions against the State and the gardaí concerned.

I have made a number of public statements about the standards which should apply to members of the Garda Síochána and their dealings with the public. I have stressed the point that it is now more vital than ever that gardaí are cognisant of the rights and the dignity of each individual that they come in contact with and that they treat people fairly and impartially. I have a strong belief in the capacity of the women and men of the Garda Síochána to continue to earn and maintain the trust of the community by performing their duties to the highest standards. The maintenance of these standards in an era of rapid change will require that new structures and procedures be put in place. Principal among these is the Garda inspectorate which the Government has committed itself to introduce and the legislative proposals for which I am now preparing.

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