On 19 November 2002, the Government noted my proposal to authorise the introduction of three "less than lethal" devices for use by the Garda emergency response unit when it is necessary to avoid the use of firearms. The use of "less than lethal" devices is restricted to the unit. Guidelines on the use of authorised less lethal weapons by the Garda are constantly under review to reflect operational and technological developments in less lethal alternatives. The guidelines are an operational matter for the Garda Commissioner. The operation of such weapons by the Defence Forces is a matter for the Minister for Defence. The guidelines for use of such weapons by the PSNI and the publication of such guidelines are matters for the PSNI. Instances of use of "less lethal" devices by the PSNI are referred to the police ombudsman whose role is to investigate the circumstances in which they were used.
One of the key objectives of the Garda Síochána Bill 2004, which will commence Committee Stage in the Seanad soon, is the establishment of an independent Garda ombudsman commission to replace the existing Garda Complaints Board. The primary function of the ombudsman commission will be to investigate complaints by members of the public against members of the Garda. It will have comprehensive powers of investigation and ultimate control and oversight of all complaints processed in accordance with the provisions of the Bill. It will have the power to investigate any case involving the Garda in which death or serious harm to a person has occurred, if such an investigation is desirable in the public interest or if it appears to the commission that a member of the Garda may have committed an offence or behaved in a manner that would justify disciplinary proceedings. Proposals for the establishment of the ombudsman commission are contained in the Garda Síochána Bill 2004.
