Dáil Éireann Debate, Thursday - 26 September 2013
182. Deputy John Halligan asked the Minister for Justice and Equality the current guidelines covering the correct and appropriate use of pepper spray by An Garda Síochána; his views that the recent use of this agent against Irish citizens outside Dáil Éireann was both warranted or necessary; if he will make a commitment to review the use of pepper spray in the future; and if he will make a statement on the matter. [40168/13]
View answerA detailed manual on Garda policy and procedures in relation to the use of incapacitant spray has been developed by the Garda Commissioner and is published on the Garda website. The manual sets out the detailed considerations which must always be taken into account by a member of the Garda Síochána before using incapacitant spray. Any use of incapacitant spray, as with any use of force in general, must be in accordance with law, in particular the law on the use of force set out in the Non-Fatal Offences Against the Person Act 1997. In effect, the use of incapacitant spray must be necessary and must be reasonable in the circumstances.
Garda members are trained in the lawful use of incapacitant spray and, as the manual makes clear, are individually responsible and answerable for their actions in its use. It is also the case that every incident where incapacitant spray is deployed is notified to the Garda Síochána Ombudsman Commission, which can investigate any question of misuse. The fundamental principle underpinning Garda policy on the use of force is that any action taken must comply with the fundamental principles of legality, necessity, proportionality and accountability and be applied in a non-discriminatory manner in accordance with the principles of the European Convention of Human Rights. In carrying out their duties, members of An Garda Síochána shall, as far as practicable and in so far as the circumstances dictate, consider non-physical means prior to resorting to the use of force. I believe, therefore, that comprehensive policy and procedures in relation to the use of incapacitant spray, and appropriate safeguards to ensure compliance with those standards, have been put in place. I have been informed that the use of Incapacitant Spray on the 18th September, 2013 during a policing operation in the vicinity of Government Buildings was in accordance with the above policy.
