asked the Minister for Justice (a) the circumstances in which military personnel are called to assist the Garda, (b) how and by whom such requests are made and if his approval is required on each request with details of the legislation involved, (c) if military parties must operate with Gardaí present and (d) if military personnel acting in the aid of the civil power have authority to make arrests, or if such arrests must be made by the Gardaí, and the legislation under which they operate.
Written Answers. - Military Assistance for Garda.
208.
Military assistance may be provided for the Garda either in response to specific requests made in circumstances of a non-recurring kind or in accordance with standing arrangements governing particular kinds of operation.
Specific requests are made, generally speaking, on the basis that the safety of Garda personnel requires that military assistance be available or else that, because of numbers of personnel required to deal with a serious situation of an emergency character, the Garda could not cope by themselves. Such requests are made by the most senior member of the Garda Siochána involved, and where possible by way of written request signed by a member not below the rank of inspector. If time permits, the prior approval of the Commissioner is sought.
Examples of standing arrangements are the escort of explosives in certain cases and the carrying out of certain Border patrols.
Approval of the Minister for Justice is not required for specific requests but where there is a recurring situation, involving a repeated commitment of military personnel, the matter is dealt with at ministerial level. There is no rule of principle that Garda personnel must be present but in practice they almost always are present except on certain escort duties or certain patrolling duties when there may or may not be a Garda presence.
Military personnel acting in aid of the civil power in such circumstances have no specific authority as military personnel to make arrests, but they have those powers of arrest that the law vests in citizens generally. Section 15 of the Criminal Law Act, 1976 provides certain powers of arrest for members of the Permanent Defence Force when requested in accordance with that section to assist the Garda but no request under that section has been made by the Garda since the enactment of the legislation.