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Joint Committee on Justice díospóireacht -
Wednesday, 29 Nov 2023

Policing Matters: Discussion (Resumed)

Good afternoon all. We have received apologies from Deputy Ward. Deputy O'Reilly will be joining as his substitute.

Members should ensure their phones are on silent or airplane mode so as not to interfere with the sound system. I welcome Garda Commissioner Drew Harris. He is joined by Deputy Commissioner Anne Marie McMahon and Assistant Commissioner Cliona Richardson. They are all very welcome to the committee.

The purpose of our session is principally to consider the events of last Thursday night in the city centre. It follows on from other meetings we have been having on the same theme. As members will be aware, we have recently held meetings on policing matters in the city centre, protests by the far right and similar topics. This is a continuation of that theme, albeit an unexpected addition to our programme. I acknowledge that the Commissioner was with the committee very recently to discuss those topics. I thank him for that engagement with the committee. We did not expect to have him back so soon, and I am sure he did not expect it either, but we are where we are. Sometimes events overtake us.

It is in all our interests that the Commissioner and the men and women who serve under him in An Garda Síochána succeed in restoring law and order, justice, normality and stability to the streets of Dublin and around the country. We all agree that the events which took place last Thursday were absolutely shocking. I was in the city centre at the time, as I am sure many of the members present were, and I saw some of what occurred. It was a horrendous, frightening experience for anybody who was anywhere near them. It was much more than frightening, unfortunately, for many businesses, individuals and residents who were caught up in them, as indeed it was for members of the Garda.

I express my sympathy to those who were injured or affected by the terrible event that took place in the early afternoon of the day in question at Gaelscoil Choláiste Mhuire on Parnell Square. It was a horrific attack that was shocking to every one of us. I know some victims of the attack remain in hospital and I am very mindful of that. Our thoughts are with them. Unfortunately, that event was then used as a justification by thugs to rile up division, hatred, racism, chaos and anarchy on the streets of Dublin, with no regard for the victims of the attack or anyone else who crossed their path. This was demonstrated by the fact that the crime scene itself was contaminated by what happened.

Appearing before this committee is about accountability but it is also about support. I encourage the Commissioner and his colleagues to tell members, for better or worse, what we need to know about what happened on Thursday, what happened before and has happened since, and what needs to happen next. We can only help them if they help us. Engagement and frankness are very important to the committee. We know that members of the force responded with bravery and professionalism and did everything within their power to quell the violence, but questions have been asked about their ability to do that. There has been much commentary about the confidence members of the force had in engaging as well as knowing how to respond, whether they could use force or reasonable force and what the appropriate response was in a public order situation. Many Garda members appear to have experienced this for the first time. While I commend the professionalism of Templemore Garda Training College, which members visited recently, it has been suggested that many gardaí had not undergone public order training and were not prepared on the night in question.

Another concern that occurs to me and many members of the committee is that this was apparently an unexpected, surprise attack. Based on my own loose count, this is the fourth similar incident in Dublin city centre in the past 18 months. During the pandemic, we had an incident on South William Street, albeit involving antisocial behaviour, when hooligans in a mob who were drinking on the streets engaged in a form of mini-riot. We also had an incident on Sandwith Street, off Pearse Street, where tents were burned during the summer and factions engaged in another mini-riot, if not a full-blown riot. Then we had the protest outside the Dáil. According to my reckoning, this is the fourth such incident and that concerns me greatly.

I am curious to understand the extent to which this incident could or should have been anticipated and what counterintelligence was being deployed ahead of it. Trends were apparent on social media well ahead of the night's events breaking out.

This is something on which I am sure the committee will engage with the Commissioner in some detail.

Many questions will arise, not least with regard to the co-ordination between emergency services on the night and between members of the force. There is a suggestion that members were volunteering by WhatsApp messages to each other and presenting themselves at stations and coming into town. What degree of command and control was in place centrally? What degree of control was in place in other agencies? Young people were at a concert in the 3Arena and they had no way to get home. There were no Luas or bus services running in or out of town. I am told it was like 11 September on the streets, with hundreds and thousands of people walking out of the city centre trying to avoid the riots along the way. Members of my family were among them. We never want this to happen again. This sets the context for the engagement today. Members will have many questions as we proceed. It is very important for all of us, and I am sure the Commissioner will entirely agree, that we get this right and we prevent it from happening again.

The Commissioner has come before the committee a number of times and is very familiar with parliamentary privilege, which dictates that witnesses do not make charges against any person or entity by name or in such a way as to make him, her or it identifiable, or to engage in speech that might be regarded as damaging or defamatory to a person's good name. This also applies to members. We have a number of visiting Members who are not committee members and they are very welcome. The best practices with regard to not referring to Members or organisations outside the room apply. We have a rota system for questions as the Commissioner and committee members are aware. I will take members of the committee first and then visiting members.

Mr. Drew Harris

I thank committee members. This is an opportunity for me and my colleagues to speak about the shocking events in Dublin city centre last Thursday. As the Cathaoirleach said, our thoughts remain with the teacher and the three children and their families who were victims of the terrible knife attack, in particular those who remain seriously ill. Our investigation into this attack is progressing. We are not looking for any other suspect in relation to this crime. I want to thank the public for their assistance, on the day and subsequently, with our investigation and the support shown to the detectives leading on this matter.

It is terrible that a minority then corrupted the suffering of others in an attempt to further their own narrow-minded and vicious agenda. They should be truly ashamed for this and the destruction that was caused. An Garda Síochána is determined to bring them to justice and a second investigation is under way to do this. So far we have arrested 38 people and our investigation is being assisted by the retrieval of significant amounts of CCTV footage and reports and information from the public. All of this will enable us to prepare investigation files for the Director of Public Prosecutions. We want to do this in as expeditious a way as possible as some of these individuals are undoubtedly a danger to society. In addition, we have established a further strand of investigation under the Garda National Bureau of Criminal Investigation into those who are suspected of inciting serious public order incidents or hatred via social media.

There has, understandably, been a large amount of commentary on the Garda response to the serious public order incident and the entire day. I pay tribute to the gardaí who so bravely and professionally put themselves in harm's way to protect the people of Dublin. I will set out a timeline of events so the committee is aware of the significant work undertaken in a relatively short period of time to restore order to the city after dealing with such an horrendous incident.

At approximately 1.30 p.m. the knife attack on the teacher and three children occurred. Garda resources were immediately deployed to the scene to maintain the cordon so the crime scene was preserved to enable the gathering of evidence for the investigation and reporting the matter to the DPP. We had to determine motive and appoint family liaison officers to deal with parents who were understandably distraught, as well as teachers and the local community who were also very distraught at this awful attack. In addition, a 25-strong Garda national public order unit was on site at approximately 2.15 p.m.

At approximately 3.35 p.m. there was a small spontaneous anti-immigration protest nearby at the Garden of Remembrance. This passed off without incident. At 4.30 p.m. a group blocked the Luas at the Parnell Street and O'Connell Street junction. This group grew and at 5.40 p.m. a larger group of about 200 people charged towards gardaí and attacked them physically and verbally. Garda vehicles were also damaged. In an extremely serious and unprecedented situation, some of this group sought to break through our outer cordon to the crime scene cordon but they were repelled by gardaí.

At around 6.30 p.m. fire attacks started on public transport and Garda vehicles. Criminal damage and looting began and gardaí had fireworks thrown and fired at them. At this time there was already a significant Garda presence in the city and by 7 p.m. further gardaí were arriving. The numbers involved in rioting had also grown considerably in this period of time. We estimate that approximately 500 people were engaged in some form of disorder. By approximately 8 p.m. the number of trained and equipped public order gardaí had grown to 250. This was ten-fold our original deployment and our largest ever public order deployment. They, together with 150 of their colleagues, supported by the dog unit, the mounted unit and air support unit, started to address the riotous groups in front of them.

While the intense violence was shocking and distressing, calm was being restored immediately as gardaí deployed. It was largely restored to the city centre by 10 p.m. and full order was restored by 11.30 p.m. While these were terrible events, it must be said that routine and necessary policing also continued throughout the rest of the Dublin metropolitan region. Thanks to great work by gardaí, all of the other emergency services, Dublin City Council, public transport companies and the business community, Dublin was back open for business the next morning. While I fully appreciate and recognise the hardship and damage caused by the extreme violence of these thugs on Thursday night last, other capital cities in Europe that have seen similar such disorder have also seen normal society shut down for days.

Having said this, it is very clear that we are now facing a different form of disorder than we have experienced before. An Garda Síochána must evolve our tactics and equipment to address this. We have started an operational debrief into our response to last Thursday's disorder, which is being led by Assistant Commissioner Paul Cleary. On Saturday, I meet the four Garda associations to seek their immediate feedback. This was very valuable and there will be further engagement with the associations in the coming weeks. We will also work with the Policing Authority on its review.

We are already making changes. By late Thursday evening stronger incapacitant spray canisters were being deployed to public order units. By Friday evening we had two water cannons ready to deploy operationally. We will be adding to the 1,000 trained public order gardaí. This is in addition to the 100 gardaí we added to the public order unit in the Dublin metropolitan region during this year. We will be providing gardaí with stronger incapacitant spray and more personal safety equipment.

I will outline some of the measures we decided upon yesterday afternoon. The Garda senior leadership team, led by me and including assistant commissioners, the two deputy commissioners and executive directors, decided after discussion on a number of measures. These include the provision of stronger incapacitant spray to all gardaí. This stronger incapacitant spray is already being provided to the public order unit and is already supplied to the armed support unit and the ERU. This will be extended to all gardaí for their operational day-to-day equipment. Public order unit capability will be expanded with the provision of 200 Tasers for deployment to these units, subject to successful training and accreditation. Tasers are already provided to all firearm specialist areas, including the ERU, regional armed response units and the special detective unit.

I intend to submit a business case for the procurement of two water cannon. We want to increase the numbers trained and engaged in public order training. We are considering the addition of smaller round shields for public order units. This is part of our examination of tactics. We want to expand and enhance the public order fleet. This also is to enhance our tactics.

At the request of the Minister, and separate to the procurement of body-worn cameras, we want to run a separate proof-of-concept project involving the deployment of body-worn cameras in the Dublin city area.

These cameras will be used in conjunction with a code of practice developed in line with the digital recording Bill. This is a relatively quick technical solution and should make body-worn cameras available to city-centre gardaí in a shorter timeframe, hopefully during the first quarter of 2024. We also want to accelerate the expansion of the Garda dog unit, as provided for in budget 2024. In terms of further evidence gathering, we want to purchase hand-held video cameras for public order units and undertake an examination of our public order tactics to take into account the equipment we are going to purchase and train on. Additionally, there will be an increase in the number of Garda data scientists to support the identification and analysis of evidential material. As I said, an organisational debrief is now under way under the leadership of Assistant Commissioner Paul Cleary, so there may be further developments as we move forward. To provide public reassurance, since Thursday evening last, we have had four public order units deployed in Dublin city centre, along with high-visibility patrolling supported by specialist units, such as the dog, mounted, and air support units. This policing operation will continue throughout the Christmas period.

Again, there has been much commentary about An Garda Síochána’s approach to policing protests. I have been involved in many policing operations in extremely volatile situations; I know that at times the use of the full extent of our powers is required when all other options have been exhausted. When it comes to policing protests, we have a graduated response that balances the constitutional right to protest with protecting people and property, preventing breaches of the peace and preventing crimes being committed. Already this year, 50 people have been arrested following anti-migrant protests in the DMR and elsewhere. While files are with the DPP for decisions to be taken relating to some of the allegations of criminal activity, others are already before the courts.

It is our duty and, indeed, our obligation to confront such individuals. This requires a graduated response, with the use of force a last resort, but we have and will resort to the use of force to protect the public and ourselves as individuals. I thank the gardaí of all ranks who were on duty last Thursday and, indeed, many who were not but who returned to duty to help their colleagues and the public. They exemplify the very best of An Garda Síochána – professionalism, dedication and the commitment to put their own personal safety at risk to keep others safe. To conclude, I offer my sincere thanks to the people from Dublin and beyond who have shown their support for An Garda Síochána on the night, in very practical ways, and in the days following. My colleagues and I are happy to take any questions. I thank the committee.

I thank the Commissioner for his opening remarks. To ensure members of the committee are aware, I will lead out the questions, while Deputy Daly will take the second slot and Deputy Alan Farrell will take the subsequent one. I will rotate it at 3 p.m. There is a five-minute block for each member, to include questions and answers. I think most members are familiar with this approach now. I will indicate the next three speakers in advance as we go through to enable members to be aware when they are coming in.

Linked to the events of Thursday night, and to our policing module in general, one of the complaints has concerned the visibility of the force, including the lack of foot patrols and a police presence in the city centre and elsewhere. This week, I looked at what is often referred to as the disclosures report from Mr. Justice Peter Charleton. He did a very thorough review of the Garda and operational issues in 2018. I appreciate that the current Commissioner was in not the job at the time. The third recommendation in that report, however, was that gardaí should be visible. I will read a short extract from that report:

In contrast to ... cities, such as Rome and London and Athens ... the extraordinary aspect of our police force is that [in Ireland] they keep themselves isolated in police stations and then transport themselves around in squad cars. It is extraordinarily rare that gardaí are seen in uniform on the streets. ... People behave well, generally, in the presence of uniformed officers of the law ... So, where are the gardaí? ... Ireland, while not having any immediate terrorist threat, but with a serious organised crime problem, has a real problem due to the invisibility of our police force. ... Everyone serving in the police should give a portion of the day to foot and bicycle patrols.

It is often commented on, and I bear witness to this as I walk about Dublin city regularly, that there are not enough gardaí, or, at times, any gardaí, on the streets. Why is this? Is it about to change?

Mr. Drew Harris

I point to Operation Citizen, which has been ongoing throughout 2022 and into 2023. The additional funding in this regard was provided by the Government in the summer in response to serious incidents that occurred in the city centre and the subsequent public outcry in this respect. I refer as well to the uplift there has been in terms of the numbers of gardaí who have been on patrol since then, and throughout Operation Citizen. Dedicated gardaí have been appointed to Operation Citizen and their responsibility is patrolling what we would call the north central and south central divisions, namely, the city centre on either side of O'Connell Bridge. This has been a facet of our operations.

In the coming period up to Christmas, obviously, we want to have a public order response, but also a very visible uniformed response. The issue for me now is going to be around prioritisation. We put a lot of effort into things like street crime and low-level drug dealing, etc., and there will have to be a refocusing towards having visibility on the streets. We recognise that in terms of our police work in the city centre, no matter how many arrests we are making, etc., it is not having the same impact as the issues around visibility. I point to the fact, however, that this year, up to the end of October, we made 11,000 arrests between the north central and south central divisions. This is a large number. What is clear is that we will not be able to arrest and prosecute our way out of this problem on our own. This situation requires a response beyond the actions of An Garda Síochána. We have done a great deal of police work and we have put resources on the ground. There is more we will have to do, but this will require a redirection and reprioritisation of resources.

I thank the Commissioner. I have a few other questions, and I will ask them in a block and allow the Commissioner to answer them in this way as well. I am mindful of the time because we have to move on from member to member swiftly.

In my introductory remarks, I mentioned the suggestions made on last night's "Prime Time" programme by a representative of the Garda Representative Association, GRA. I have heard from many other sources as well, though, that individual gardaí were being called up not through a central command communication but through messages sent from colleague to colleague to say they needed help and to come into their local station. Is the Commissioner aware of this aspect? Is this what happened or was a central command sent out? I understand members of the force were requested to travel from as far away as the west coast, in counties Sligo and Mayo, and elsewhere around the country. Is it correct that members were just volunteering themselves? If they were, I commend them. Was this in the absence of a command or in addition to it?

Mr. Drew Harris

I have seen part of what I think was a WhatsApp message. WhatsApp is used to circulate messages around the public order-trained personnel. It is also used to circulate legitimate messages when individuals are being sought for duties or for overtime. What I saw is part of a management request for additional resources to come in.

Mr. Drew Harris

At the same time, it must be said that one individual, who was going in, was responding and ringing people who were known to be available to tell them they were going to get a call and asking them to come in as well. People were also seeing what was happening on social media and on the news, and then making themselves ready and heading to their station or to prearranged muster points. There was, therefore, an element of people responding themselves, knowing that very shortly they were going to be called upon or, if they were not called upon, volunteering to make themselves available. I think what was said last night was a distortion. It does not reflect the efforts, really, from mid-afternoon onwards, to maximise resources. Constantly, the resources at Parnell Square East were being built up. I have spoken to members of An Garda Síochána who were originally on point in their soft cap and yellow coat uniform, for example, but who then returned to their stations to equip themselves to go back in public order gear.

Very good. I thank the Commissioner. I call Deputy Daly.

The Commissioner is once again very welcome. I thank him for accepting the invitation to come in, and the deputy commissioner and assistant commissioner as well. Last week, the Commissioner said that this incident, or these incidents, could not have been anticipated. In his opening statement, though, he stated there was a series of protests in the last year or so and that they were anti-immigrant. I think the Commissioner accepts there had been a series of protests and 50 arrests have been made and files sent to the DPP. This was probably more than in any other year. I think the Commissioner would accept this point.

Mr. Drew Harris

Well, that is fact.

That there had been more arrests than in any other year.

Mr. Drew Harris

Yes.

Incidents in this regard, therefore, had been rising in recent months and years.

Mr. Drew Harris

Yes, that is correct.

The Commissioner said in May that there were persistent perpetrators of hate messages online, so he was aware this was building.

Mr. Drew Harris

Yes.

The Commissioner may recall that the Ceann Comhairle stated on the record of the House that there was a sense of regret that some of these protests had not been dealt with more firmly.

Mr. Drew Harris

No, I was not aware of that.

There was also a request from senior Garda members that Garda Reserve regulations from earlier this year be published as soon as possible in order that senior Garda members who wanted to recruit Garda Reserve members could get them in, but they are not going to be available to be recruited until after Easter of next year. Was the Commissioner aware of that?

Mr. Drew Harris

As Commissioner, I am responsible for recruitment for the Garda Reserve, but Ms McMahon might be able to give an update on where the regulations are.

My question was on whether the Commissioner accepts that is too slow a response to the demands of Garda members to have these regulations in force.

Mr. Drew Harris

We still await the final regulations for the recruitment process. I do not write the regulations for recruitment.

Given all that, did it really have to take the incident on Thursday night for the Garda to implement all the new responses the Commissioner has outlined?

Mr. Drew Harris

I would point back to the change in profile throughout the year, the increase in the deployment of public order units and the daily deployment of public order units from 20 September. Right up to the events of last Thursday, public order units were deployed every day. Moreover, I would point to the work that was done specifically to protect members of the Government and the work we have done to investigate these individuals online, both in terms of intelligence and through the investigations-----

On the online issue, Mr. Harris indicated the special detective unit was monitoring online content, and I think the NBCI is now going to do that as well. Was there not any contingency plan in place? Individual Garda members have contacted us to say they had to go home to get their uniforms and that there were no lockers in stations. The school itself had a contingency plan for a serious event but it seems as though there was none in place for the Garda. If it had a contingency plan for a such an event, will Mr. Harris make it available to the committee?

Mr. Drew Harris

I do not think this precise incident could have been foreseen, but we have plans in place for responding to major incidents and that is part of our ongoing training. In particular, public order training always includes scenario training, and it is part of our regular work to have scenario-based exercises, which are run at the college. I think-----

Getting into the scenario on the day in question, at what time did Mr. Harris realise there was a serious problem? Was it after 1.30 p.m., when the incident happened outside the school, or was it when the first of the 13 Garda cars were burned? Was it when Dublin Bus said there was a conflict zone in Dublin city centre or was it when gardaí went around restaurants and pubs and told them they would have to empty?

Mr. Drew Harris

I am not sure I understand the question against the context of a stabbing attack on children, which is a serious incident. From the minute I learned this was a serious incident, I returned from a Policing Authority meeting in Waterford as the severity of the incident became clear to me. I was returning as Commissioner to oversee the operation, but the immediate response was put in place by the DMR. It was not waiting for my return from Waterford to implement its response.

Would the Commissioner accept that for a period, things got out of control in Dublin city centre?

Mr. Drew Harris

What we saw was a huge effort by rioters to impose anarchy, but at all times they were under pressure. At all times, members of An Garda Síochána were arriving and doing their very best to intervene in crimes being committed. Nevertheless, there was a riot, which is an uncontrollable event brought to a place of peace, and individuals were then brought to justice through policing action-----

Once Mr. Harris realised there were anarchic scenes, when did he first speak to the Minister for Justice about it, or did he have any contact with her that afternoon?

Mr. Drew Harris

I had contact throughout the afternoon with the Department of Justice. I cannot remember the precise moment when I first spoke to the Minister, but I was in contact throughout the afternoon with the Department. More important, I was in contact with my senior commanders regarding what was developing and what our response would be.

Did Mr. Harris speak to the Minister at all on Thursday, or can he recall roughly when they spoke?

Mr. Drew Harris

Yes, of course, but I am not going to guess as to the time.

Give or take an hour or so.

Mr. Drew Harris

No, I am not going to give a rough estimation because there was so much going backwards and forwards. I would have to check.

Was it after 9 p.m. or 10 p.m., when calm had, as Mr. Harris said in his statement, been restored?

Mr. Drew Harris

I think I have answered that question.

Mr. Harris is not going to give me an answer to that question.

We will move on to Deputy Farrell.

I thank the Commissioner, the deputy Commissioner and the assistant Commissioner for coming before us. I appreciate it has been a very challenging series of days for them and their members, so I appreciate them coming before us and providing us with their opening statement. The Minister earlier indicated to the House that the Commissioner has presented a report to her on the events that transpired on Thursday. Will he outline elements of that report to the committee?

My other questions relate to the accusations regarding the lack of a timely response by An Garda Síochána, perceived or otherwise. The Commissioner indicated in his opening statement that the first sign of trouble occurred at 4.30 p.m., when the Luas was blocked. Between then and the larger, fire attack, as he referred to it, at 6.30 p.m., approximately how many officers were on duty in their various capacities? Were the protestors, rioters and looters corralled during the course of the activities in which they were engaged throughout the late afternoon and early evening? Were O'Connell Street, Henry Street and Talbot Street book-ended? They are important questions I have not heard anybody mention. When we talk about the circumstances being "uncontrollable", and I fully accept the uncontrollable nature of what transpired, I have a general question about the overall safety of the general public. If that group had spontaneously decided to relocate themselves, would the Garda have been in the position to stop them?

Mr. Drew Harris

I might turn to my colleague in respect of the numbers but I know that in and around 4 p.m., we were already supplementing the public order numbers by putting out a call to those personnel, both in the DMR and, subsequently, in the eastern region, who could report in public order gear.

On the question of corralling or book-ending the group, it has to be said we did not have sufficient numbers to successfully conduct that kind of operation until later in the evening.

At approximately what time was that?

Mr. Drew Harris

I would say it was from 7.30 p.m. The difficulty is that in Dublin city centre, there are many small streets and alleyways and one does not go more than 50 yd or 100 yd without finding a point these individuals could run down. There was, in effect, a pursuit of them from that time and that is how they were broken up as a riotous mob.

In respect of the clarity that will be forthcoming from the Policing Authority on the use of force, how does Mr. Harris view that request by the Minister? Did he suggest it to her at any stage during his discussions with her over recent days? Has the existing arrangement had a chilling effect on Garda officers and members in regard to the use of force?

Mr. Drew Harris

The work of the Policing Authority is an initiative on the part of the Minister and the Department, but I have not yet seen terms of reference in respect of that-----

Would it be helpful if clarity were provided by the Policing Authority?

Mr. Drew Harris

Yes, if clarity were provided, but this is a very complex area. There are competing rights around the ability to assemble in any society. Obviously, there are competing rights in terms of other members of the public going about their business legitimately. There is also then prevention of crime and disorder. Clarity in respect of that would be welcome. At the same time, we have our own decision-making model which is informed by a code of ethics. There are gold, silver and bronze public order commanders. Public order units are fully au fait with the law in respect of this.

I will make a small point on the use of batons and the public order units. These units are supplied with a medium-sized shield. It is part of their training to have that shield in two hands so that they have full control of it. If you are going to use a baton with that shield, there is always a danger that you have opened a door on yourself. With the shield in front of you, you are very susceptible to attack. I know what people envisage and how it looks might be different, but the tactics were properly deployed. In my opinion they were well deployed by the public order units. I want to further enhance that.

Is there an adequate number of officers deployed in the north east inner city area? We have heard many times the comparison used from 2009 and 2010 versus the growth since 2015 after Templemore reopened. Is there an adequate number of officers available in that particular region of the division?

Mr. Drew Harris

The organisation is short of personnel. We are short 1,000 at this moment in time, even against the Government's plans. It is accepted that we need more than 15,000 Garda members. Something that does not get counted in is the number of Garda staff we have employed in order to free up Garda members for operational duties. That is a significant and it does need to be stated.

The arrival of the Garda Reserve regulations will allow us to recruit specifically for the Garda Reserve. We look forward to that. Ours is a growing organisation, but by definition, if it is growing, it is because it is too small at this moment in time.

Regarding the city centre, we want to concentrate more resources there around visibility and preventing antisocial behaviour and all the attendant crime that goes with it. We also want to make it feel like a far safer place to operate.

I thank the Commissioner. I want to go back to my first point.

No, you cannot because you are over time and I give you extra time.

To be fair, I have already asked the question.

You have 30 seconds.

I asked the Commissioner at the outset about the Minister stating she has received a report. Are there any parts of the report that have not been put on the record of this meeting?

Mr. Drew Harris

The report sets out in some more detail a timeline of events which I have not put into the overall report. A number of specific incidents were reported to the Minister such as the retrieval of staff from various business premises, etc., and the operation which was put in place. There is an outline of the investigation into the disorder and also our work with the local business community. There is an account of damage to vehicles and injuries to Garda members. There is also an account of all the arrests made so far and how the matter is being coded, etc.

I want to express our solidarity with the members of An Garda Síochána who were caught in the crossfire on Thursday night. I wish them well and thank them for trying to police an impossible situation.

First, I want to address the Commissioner's statement before I move on to other issues. Is it true that a second public order unit was stood up at 6 p.m. as reported in the media? According to the Commissioner's statement here, the first public order unit was on the scene at 2 p.m. At 4.30 p.m., people were blocking Luas trams and then at 6 p.m. a second public order unit was stood up. Is that media report accurate? If it is accurate, why did it take an hour and a half from 4.30 p.m. to 6 p.m. for a second public order to be stood up?

Mr. Drew Harris

That public order unit was coming on duty at 6 p.m. That would have been the second public order unit coming on duty on what was until 1.30 p.m. a normal Thursday. Beyond that, other public order personnel were being called from across the Dublin metropolitan region, DMR, and also from the eastern region at that particular time. We had the two units which would have been on duty anyway, and they were then supplemented by DMR and eastern region personnel.

Is it not fair to suggest that the first public order unit lost control of the situation by 4.30 p.m. and then it took another hour and a half for the second public order unit to arrive on the scene?

Mr. Drew Harris

No, I do not think they had lost control at 4.30 p.m. They acted with great fortitude. At that time, the verbal abuse from these individuals was increasing. Many of these individuals indulged in very hateful speech towards the Garda members. The Garda members were regarded as representatives of the State or the Government and were on the receiving end of all of their anger and hatred but the unit did not fail.

If people were blocking a Luas tram at 4.30 p.m., is that not losing control of the situation?

Mr. Drew Harris

The assembly was sufficiently large that it was blocking the Luas line. At that stage, we did not have a sufficient number of gardaí to move those people off the Luas line.

The unit had lost control then.

Mr. Drew Harris

There is a difference between managing a protest, which at that stage was still peaceful, although objectionable, and then taking action, as a policing service and using our powers in a situation where we could not see where the end of that might be. In effect, we would have been asking our officers to step forward into a situation where they were coming out of Parnell Square, into a huge street, O'Connell Street, with other major thoroughfares off it. That would have divided their resources down too far.

I want to look at the Garda Inspectorate report of April 2019, entitled Public Order Policing. The report contains a number of recommendations. It states:

The greatest risk regarding public order for the Garda Síochána as an organisation is not from the potential for widespread public disorder, which in an Irish context would be considered relatively low, but rather arises from inconsistent governance and the application of Garda policy. An important issue to emerge from the inspection is the absence of a public order strategic threat and risk assessment, STRA. ... The absence of a STRA is a significant organisational risk and the Garda Síochána should urgently develop a formalised public order strategic assessment of threat and risk.

Do we have an STRA?

Mr. Drew Harris

Yes, we do. We hold a strategic public order meeting every quarter, at which the strategic threat risk assessment document is updated. We have one for this quarter of 2023.

The report also states:

The inspectorate considers the Garda Síochána structures and responsibilities for the governance of public order are spread across too many functions. ... In the inspectorate's view, a single assistant commissioner should be responsible for leading on public order governance, policy and compliance. A chief superintendent within operational support services should be responsible for overseeing public order standards, training capacity and capability across the whole country.

Is that scenario, as we have it now?

Mr. Drew Harris

Yes, it is. Assistant Commissioner Paula Hilman is the strategic lead and chief superintendent Peter Duff is the operational lead.

Okay. The last point is on monitoring use of force. The report states:

The inspectorate found there is no internal governance group monitoring use of force by garda members, unlike the other public services visited during the inspection. ... The inspectorate recommends that the external oversight of garda use of force trends should be incorporated into the performance monitoring activities of the Policing Authority and any subsequent oversight body.

This is a five-year-old report. Why is the Policing Authority only being asked now to assess the use of force?

Mr. Drew Harris

We have collated use of force data since mid-2020. It has been published every month in my report to the Policing Authority.

That information is publicly available on a monthly basis and, I presume, is on the Policing Authority website even as I speak. Second, the use of force is monitored by the public order working group on a quarterly basis.

The next grouping, and again members have five minutes each, is Senator Gallagher, followed by Senator Ruane and Deputy Brophy.

I welcome the witnesses and thank the Commissioner for attending today's hearing. At the outset, like others, I express my sincere gratitude to the members of the Garda who had to deal with what they had to deal with last Thursday. Would the Commissioner say that there was a failure of management of the situation last Thursday evening?

Mr. Drew Harris

I have heard that being levelled at senior management in the organisation. I have to respond in terms of the fact that this was a spontaneous incident. Obviously, we had and were aware of the threat of public order, but the scale of it, the speed with which the social media messaging and the misinformation spread, and the repeated lies that were put out there in terms of being fact, all added to the tension of the incident, as we are all aware. We were responding on a Thursday which had started out like any other normal day. We were always responding in terms of how the situation developed and getting the resources there. It would have been an infinitely easier operation if we had had some indication as to this happening, but there was no prior indication as to the scale of what emerged. There was an element of us responding and obtaining more resources to the point where we had sufficient resources. There was no failure, on any part, of those commanding the operation. They did a good job in protecting the scene and gathering sufficient resources to deal with the riot in front of them.

I appreciate that it was an unprecedented situation and nobody could have foreseen the level of violence that occurred, but is it fair to say that based on events of the last year to 18 months, we could see the level of activity begin to ratchet-up? Is it fair to say that perhaps Garda management should have been more aware of the potential for this to escalate? I am not talking about the level that it escalated to last Thursday. Is it fair to say that perhaps we should have been better prepared in the event of a situation like this arising?

Mr. Drew Harris

I would point to the fact that from 20 September, and this is the first time in my experience that it has been the situation, we have had two public order units on duty every day in Dublin. In effect, that was a recognition on our part that things were tense and there was real difficulty around that community tension. We required 250 public order personnel, which is our largest deployment of public order personnel, in effect, to quell this riot. In between the 50 who were on duty and the 250 that were required, it is very difficult to say what number we should have had immediately available. We would still have needed to draw on resources from elsewhere and to draw on individuals who in effect were off duty to get that number of 250.

Is the Commissioner satisfied that Dublin will be adequately policed between now and Christmas?

Mr. Drew Harris

Absolutely.

Absolutely. Is it fair to say that the Garda will be depending on resources from outside the capital to beef-up the strength of the force in Dublin? By extension, is that not going to result in a situation where other parts of the country are going to be left short, as happened last Thursday as far away as in my own county of Monaghan, where resources had to travel down to assist? By extension, are those areas going to be left short because of the fact that the Commissioner is beefing-up the strength of the force in the capital between now and Christmas? What happens after Christmas?

Mr. Drew Harris

We are very conscious that we are a national service, and that there are huge demands on policing in the run-in to Christmas. The last time we were here we spoke about road safety, for instance. We have huge responsibility around road safety operations but also the Christmas shopping operations as well, and that is throughout the country. As an organisation, we have to prioritise what we are using our gardaí for. The obvious and absolute priority is around visibility. That is visibility here in Dublin and visibility elsewhere as well.

I ask the Commissioner to comment on the need, in my opinion, for an independent body to assess what happened last Thursday, with a view to making recommendations to Garda management going forward.

Mr. Drew Harris

Such an independent body is either the Policing Authority or the inspectorate. They are both mandated to examine An Garda Síochána and make recommendations. The inspectorate has recent experience of this because it conducted an inspection in 2019.

I thank the Commissioner for his answers. The Commissioner used the term "chill factor" when it comes to gardaí using force in order to defend themselves and members of the general public. Would he say that perhaps more support and guidance needs to be given to members in situations like that? Why are we having this conversation today? Surely members of the Garda should be under no illusion whatsoever as to when they can use force and how much force they can use. The Minister asking another body to look into that and provide that guidance, as we sit here today, sounds nonsensical. I think it is unfair that we send the men and women of An Garda Síochána out to defend us, the general public, in horrible situations like last Thursday when there is a fear in those people around the use of force in order to defend themselves and the general public.

I ask the Commissioner to be brief. It is a very important question, but I am conscious of time as well.

Mr. Drew Harris

I made it very clear to the organisation on Friday around our obligations and responsibilities in terms of protecting society, but also the obligation and duty of us all to protect each other and to protect ourselves as well. All members have my full support in doing that. The chill factor is reported by the associations, but I can easily see why they are saying that, given how long investigations take and, in effect, how long they lie open. It has been raised with me that individuals may have a complaint made against them and they have no knowledge of that complaint for months and months. All of this is creating stress within An Garda Síochána. That is being reflected in conversations that members are having with the associations, but I can see it myself as well. I reiterate that I offer my full support to every member of An Garda Síochána. We have an obligation to protect people and they have an obligation, in duty and law, to make sure that they do that to their utmost.

I thank the witnesses for being here. I have to be in the Chamber straight after my contribution, so I ask them to excuse my absence when I leave. My mind works a bit differently to those of some of the contributors so far. Since what happened on Thursday, my head has been very much in the "Why?" rather than the response. There is a distraction in some sense in looking at the response from An Garda Síochána to an event that happened at that scale for the first time. The Commissioner made an interesting point when he said that the members of the Garda were seen as an arm of the State and were on the receiving end of anger and hate. My analysis of the scenario is that many things that have happened up to this point. Politicians are pointing fingers at particular individuals, at the police Commissioner or at whatever, rather than looking inwards and asking what has led us here today and why it has led us here. I am wondering, given all the Commissioner's years in the profession, what he sees as the core driver of violence, forgetting the scenarios that may spark it off. What are those core drivers of violence, when we look at communities that have a higher propensity towards violence?

Mr. Drew Harris

I first spoke about the threat of the rise of the right wing in 2019 at a Policing Authority meeting. We are not alone in this. This is happening across Europe. The events of last Thursday have been replicated in many European capital cities. This starts from a place of prejudice and that prejudice then becomes discrimination and hatred. I am sure that sounds blunt but that is what we see when we are dealing with these individuals. They are fully convinced of the conspiracy theories and the various arguments that they have and they are not open to a rational argument or discussion in respect of what is going on. That is the character of some of those we see involved. Last Friday morning, I used the expression that they have been radicalised in terms of their activity online and then their subsequent behaviours. They seem to be able to gather and garner support, a lot of it is through the Internet and through connections into other groups in Europe.

When we look at that group we can clearly identify it as having its roots perhaps in fascism in a global context. It has been involved in similar struggles around the world. However, then we have communities that are disenfranchised and are very much being exploited because a particular grouping has given them a narrative for rage, exclusion, isolation or shame they have felt in their own existence in an Ireland that has left them behind. My concern is around rhetoric and language. We try to ensure that some of those young men, whom we are at risk of losing to the much more organised bodies the Commissioner speaks about, but when we use language like "thugs" and "scumbags" it makes it more difficult for youth workers, community workers and people who are trying to engage with them to differentiate between the messages that are given. What I want to ask the Commissioner is whether he sees that when we use terms like "thugs" and "scumbags" in that collective sense when we talk about people who get dragged from the fringes into these spaces and who may not necessarily be part of the official far right but are being exploited in that sense, we create more division and, in turn, that does not create more safety but makes it harder for us to create safety in the future.

Mr. Drew Harris

Those are not expressions the Senator hears from us because they indicate a lack of objectivity on our part.

It says "thugs" in the statement.

Mr. Drew Harris

Senator Ruane is right. We need to be careful.

It needs to be differentiated.

Mr. Drew Harris

Yes. We need to be careful about the core group and then those on the margins of it. The point the Senator raises is very valid. The expression here is "othering" and they are othering minority groups. If our response is then to other them, in effect we are doing that in reverse and from a greater numerical position. However, at the same time, we have to put this in the context that this is an open and advanced democracy and the rule of law is the way by which we manage disputes, etc.

We should focus on the behaviour rather than the person and play the ball not the player, in a sense.

Mr. Drew Harris

Yes.

I thank Mr. Harris. I have to go.

I know Senator Ruane is busy in the Seanad Chamber. That is understood. Deputy Brophy is the next speaker.

I thank the Commissioner and his colleagues for coming in. I will try to narrow the focus onto something, rather than ask a number of general questions.

I will use one example if that is okay. In his opening remarks and in answer to questions, the Commissioner talked about the stopping of the Luas and the protest that stopped it. In answering questions in relation to that, he talked about the policing decisions that were made. He defined the protest in a particular way and he defined how the Garda chose to deal with it in a particular way in relation to that outcome. A lot of people have different opinions as to whether something is peaceful or whether people should be able to bring public transport to a standstill in the centre of our city, and for that to be deemed tolerable or for there not to be intervention to reverse that. The Commissioner seemed to indicate that one of the reasons that decision was made was for operational reasons, namely, the number of gardaí who were present and the difficulty in doing it. What I would particularly like to know is what is going to change.

The Commissioner has talked about the fact that the Government has made available resources and funds and there are extra gardaí and increased units, but if a similar type of incident occurs tomorrow, next week or any week, how will the operation and the policing decisions around it be different? Do we still have to put up with a situation where, for operational policing reasons, people can engage in behaviour which is totally unacceptable? I appreciate that there is a containment being done by An Garda Síochána and that there are reasons for that but to the public it seems that nothing is being done. That is the type of thing that generates worry and fear and makes people feel it is unsafe. I speak about the fact that a member of the public might not believe he or she can take the Luas or bus into town. I know someone who was on the Luas when it was stopped. There was a real fear about what would happen next.

Does the Commissioner think he has the resources to deal with that or has he changed the way he will deal with it? Can he give some type of assurance to people in the event of something like that happening again? I am not talking about the later stages but the earlier stages. A lot of people feel the Commissioner has been policing in a way they do not agree with for a while. I ask the Commissioner to outline how things will change.

Mr. Drew Harris

How this will change is this. The core of how we respond is through a human rights approach, which is determined by the Garda decision-making model. What we have done in terms of obtaining the water cannon, in effect gives us more tactics, which we did not have on Thursday night. There is no point in asking Garda members, as was the case on Thursday night, to go from one street where they were under pressure and then to take two streets, of a much similar size, and one which was three times the size, so asking them to go from one spot to take on five times the work and, in doing so, to then move protestors. It was an impossible and forlorn task to ask them to do that. What we have now is an additional tactic, which is the water cannon. It is operationally available here in Dublin for such circumstances. That is the difference. We have an additional tactic that we are able to deploy.

Having said all of that, at the same time, we live in a democratic society and assembly is one of the rights within society. Part of that assembly may be an inconvenience to other members of the public. I think it is accepted practice that some inconvenience can fall upon other members of the public as individual citizens exercise their right to assembly.

Yes, but in this case it was not a right to assembly. It was a very aggressive situation. Sky News cameras were recording from early in the afternoon and we could see that it was a very aggressive situation. It was not a protest. It was a very aggressive situation and members of the public felt afraid at a very early stage. What I am trying to ascertain from the Commissioner – we are about to run out of time – is whether, if violent protests emerge, they will be dealt with in a much quicker way than they have been to date. Rightly or wrongly, people feel that An Garda Síochána does not deal with these situations in a fast enough way when they start to develop. They are terrified because the next thing is we see a Luas tram being burnt out or gardaí being attacked.

Mr. Drew Harris

The simple answer to that is "Yes". That is based on the additional tactic we have in place in terms of the water cannon but also then the additional strength we provided in terms of the incapacitant spray. Over time, we will develop further tactics around the enhanced vehicles that we have and the round shield tactics. We are also building Tasers into our response as well should individual members or groups of members be attacked by a particularly violent individual.

If I may, I will ask the Commissioner one very quick question. I appreciate I am out of time. There have been a number of calls - they are completely wrong in my view - on the Commissioner to resign. Could he address how he feels about that?

Mr. Drew Harris

I am not going to resign. I care too much about this job. I care too much about the responsibilities that I have to protect the people of Ireland and to lead An Garda Síochána. I have a huge amount of work to do and part of that work is the response to this. I have no intention whatsoever of resigning.

You spoke about the right to assembly and the right to protest. Does that include the right to set up a checkpoint as a typical citizen? Can I set up a checkpoint in the middle of the road?

Mr. Drew Harris

To stop other members of the public and question them? No.

And demand ID from them?

Mr. Drew Harris

No.

Okay. Does that include arson?

Mr. Drew Harris

No, criminal damage by fire is a crime.

Does it include blocking a premises that is in lawful use and preventing people using that premises?

Mr. Drew Harris

There would be a proportionate response in respect of that but we have to respect the right of those individuals who have proper occupation of that and live there.

In the last few days, we have seen all of these things and more around the country. In Buncrana there are reports of community organisations coming together essentially to have vigilante patrols. In Dromahair there were checkpoints set up. Cars were being stopped. People were being interrogated, and there was demanding of ID. We saw that down in Inch as well, where protesters boarded a bus, demanded ID, took names and details. None of this has received a policing response. Last night in Coole in County Westmeath again there were checkpoints being set up by citizens to demand information, and to try to block people accessing buildings that were in perfectly lawful use. This is what frustrates me. The Commissioner talks in his opening statement about how spontaneous this was. I cannot agree with that in any way at all. Anybody who has been watching what has been happening on social media knew, from the moment the news broke of that awful tragedy, that the riot would be the inevitable consequence. We have a distinct pattern of increasingly violent and threatening protest.

In 2002 we had protests outside here where a TD was assaulted. Was there any follow-up? Were there any arrests or anything done in respect of a TD being assaulted outside here in September 2002?

Mr. Drew Harris

In 2002?

Excuse me, 2022. I was not even here in 2002.

Mr. Drew Harris

Do you mean 20 September this year?

No, last September, on the first day the Dáil was back, a TD was assaulted outside. Last year a TD was assaulted as well. Because nothing was done it grew into more significant protests outside. Nothing appears to be done and these protests are growing. We had a whole summer of librarians being harassed, intimidated and threatened and seemingly no response. Are these things legitimate protest?

Mr. Drew Harris

If I might answer some of the questions, they are not legitimate protests. I am not aware of the incident in September 2022 but I am sure I can report back when I find the particular incident. There is a full investigation in respect of the events of 20 September this year. A full investigation has concluded into the various protests that were conducted in Cork around the libraries. That is being submitted now to the DPP and we will await the DPP's recommendations in respect of that. As I said, 50 individuals have been identified and reported to the DPP. We are in various places then in terms of them coming before the courts, or shortly to be before the courts. In respect of the incidents you recount last night, they are under investigation. The last understanding I had in respect of the Dromahair allegation was that we were unable to find a basis for that in terms of a witness who said they were stopped. Beyond that, we found that some of these incidents are almost willow-the-wisp in terms of the reporting. However, I acknowledge the incidents that have been reported to us. There has been criminal damage to premises that were set aside for those seeking accommodation for international protection. There have been investigations in respect of that to determine those who conducted that damage. Anywhere where the law has been broken and complaints have been received, those matters have been investigated.

If you are looking for evidence, much of it is posted on the social media groups and Telegram groups. These people are proud of what they have done and they are happy to show others. The evidence is out there.

Mr. Drew Harris

Might I also say that there is a huge number of these groups circulating. We have dedicated members who look for digital intelligence but we are not on every network. If individual members of the public come across material online which they feel is offensive, they should report that to gardaí. Often these images are fleeting and they disappear.

Surely if you are taking an intelligence-led approach to prevention, and surely prevention is the first port of call in a graduated response, you should be on these networks. As was said earlier, the SDU should be on these networks.

Mr. Drew Harris

Yes, and that is why we need to be informed further of what these networks are. It is impossible to suggest that we will know of every network that these individuals will be on. Indeed then when they do move onto these networks, some of them are very difficult to penetrate. That is why I say if members of the public, inadvertently or otherwise, come across material which they feel breaks the law or that they wish to report to us, then they should do so immediately.

I thank the Commissioner for his contribution today. I have a couple of questions about last week. Around half four last Thursday, we were advised to leave Agriculture House, that it was unsafe and that we were to pack up and go. That is what TDs were advised. If we were being advised to leave and be out of the city, surely that would have signalled that something was going to get out of hand. I presume that message came from the Garda to the officials here in the Oireachtas to evacuate the building. At that stage should the Garda not have been stepping up the response? In the Commissioner's timeline that is about an hour and a half before things got out of hand as he says and as they did. I am just wondering about the timing of responses.

Mr. Drew Harris

By 4.30 p.m. we were ratcheting up our response. By that time, all available public order personnel in DMR were being asked to get into the equipment and make their way to Santry, where a collection of public order vehicles and further equipment including shields and so on would be available to them. There was a mobilisation under way. Resources then were coming from both DMR and eastern region in terms of public order as well as other members to assist at the cordon at Parnell Square.

So that mobilisation took place before half four. It took from half four to eight o'clock for them to be on the scene.

Mr. Drew Harris

By eight o'clock we had received resources from the eastern region but also some resources from the north-western region. Other resources were moving across the country to us constantly from as far away as Mayo. They were arriving throughout the night to further supplement their colleagues. In effect, we started from a standing start at 1.30 p.m. on Thursday afternoon. I think all of us realised that this was something different as the initial details became apparent, say by about 2 p.m. The original scene was so chaotic that it took some time to establish the effects and what we were actually dealing with. I would say that the organisation did respond quickly, in effect from a standing start, to this incident. We had preparations in place in terms of the numbers we had trained in public order and the fact that we have two public order units on every day in any case.

The response, as some the other members already highlighted, should have being taking place before this. As to the actual response on the day, I do not really have a problem with that, but the far right has been organising for a long time in settings across the country as well. Known people have been orchestrating the violence that has taken place and that has led to this. We have seen it at the libraries in Cork, on Sandwith Street, in East Wall in Dublin, and outside the Dáil. We have seen it all over the place. What actual monitoring does An Garda Síochána do of the far right and what is put in place to deal with it? If it had been dealt with before last Thursday, this more than likely would not have happened, or would not have been as serious.

Mr. Drew Harris

There is monitoring. I am sure the members of the committee can understand that I cannot go into the detail of our intelligence work but that also leads to the intelligence product for the purpose of investigation. There have been local investigations but the special detective unit, SDU, has also supported investigations directed towards these individuals. That indicates the seriousness with which we view the particular threat from some of these individuals who are on the far right. Four or five years ago, we recognised the issue that was arising. We could see it across Europe and then sadly and predictably it arrived here as well. This was somewhat influenced during the Covid-19 pandemic by a lot of anti-Government, anti-vaccine sentiment being expressed and that has continued with these far right individuals. As the Deputy says, some are known to us, and well known to us, but others are not so well known. The other thing is that others are then pulled into criminal acts, egged on by these leadership figures.

However, the leadership figures have been around for years and, as far as anybody can see, they are not being targeted or dealt with effectively or at all. That is the problem. They were able to put out a call to arms, or whatever you want to call it, last Thursday to get people together. You can see from the list and the names of people who were before the courts on Friday that they were from all over the place. They were not only from the north inner city or anything like that. There were people from Longford, Meath, Monaghan and all over Dublin and all over the country. People responded to that call to arms. If those people had been dealt with in advance of these events, this would very likely not have happened or at least not to the extent it did. That is one of the concerns I have on this.

Mr. Drew Harris

I will respond to that. We police in a democratic society. We can only police against the threat that these individuals create and bring them to justice for the crimes they commit. There has been an ongoing effort to investigate them and those investigations are ongoing with the object of reporting them to the DPP.

Is it not a crime to post on social media that you are calling for people to take action? Is that not a crime?

Mr. Drew Harris

I have already outlined that the Garda National Bureau of Criminal Investigation is conducting an investigation particularly into those who online incited either violence or hatred.

I have one last question regarding facial recognition technology and things like that for policing the event, for after the event and for gathering evidence. There are serious risks related to FRT, and it has been highlighted in other jurisdictions that it is biased against particular members of the community, particularly people of colour. How will those risks be managed by An Garda Síochána if FRT is rolled out?

Mr. Drew Harris

Facial recognition technology is not what we are seeking. We are seeking facial identification and the point of that is that we will have thousands of hours of CCTV and use AI to go through and find every incidence where we have the record of an individual who is present. We have no database of pictures to run them against so the object for us is to see what offences have been identified and make efforts then to identify that individual through normal police work. The AI assists us to the point of establishing the number of times an individual is seen and that individual may be engaging in criminal activity. It is just so much faster. It is months and months faster than individual gardaí sitting in front of laptops going through thousands of hours of CCTV.

I refer to all the fears set out around facial recognition technology. We do not even wish to push as far as the European directive on AI. What we wish to do is retrospective investigation of serious criminality where CCTV or other images might play a part. Therefore, there has been a huge distortion in this. In doing so, the importance of its use in the expeditious of investigation and bringing serious offenders to justice has been lost to our detriment. As we sit here today, we have lost a very valuable investigative tool and I know the Government is working hard to make sure we have that as soon as possible.

I thank the Commissioner for his evidence. He referred in his remarks to what he called an "uncontrollable event". Is that just another way of saying you had lost control? If it is an uncontrollable event, it is, by definition, not under control. Therefore, control was lost in Dublin city. The question then is for how many hours control was lost in Dublin city on Thursday.

Mr. Drew Harris

In truth, I find it very difficult to go down this route because I know individual members and the collective membership of An Garda Síochána who were on duty that day were doing their maximum at all times. They were not letting these individuals run their writ and run away with it. However, it was a riot so that is uncontrollable and our job is to quell that riot; in other words, bring it under control. I cannot accept the point that the collective efforts of An Garda Síochána that night meant that the city was out of control. We had a riot-----

We appreciate that. I am not in any way suggesting that. We all saw individual members of An Garda Síochána. In fact, we saw them on their own in some instances. What I am suggesting is that the leadership had lost control. We could be all day arguing that and may never agree.

I want to go through the timeline. The knife attack on the teacher and the three children was at 1.30 p.m. At 2 p.m. the public order unit was on the scene. At 1.30 p.m., was the Commissioner in touch with the Minister for Justice? It was a pretty serious incident, enough to shock people, and definitely not something we are used to. Did the Commissioner talk directly to the Minister for Justice at 1.30 p.m.?

Mr. Drew Harris

No.

Did another member of his team talk directly to the Minister for Justice?

Mr. Drew Harris

I am not aware of that. What I would say is that I was in contact with senior officials in the Department of Justice. In part, I am responsible for the operational response and gaining a sense of what has happened and what is developing. My responsibility is actually the direction and control of An Garda Síochána and responsibility lies with me as the Commissioner.

Did the Minister contact the Commissioner since? I understand from what he is saying is that he was responsible for something else and perhaps communicating with the Minister would not be part of that. Did she make contact with the Commissioner directly?

Mr. Drew Harris

I have been in-----

I am specifically talking about 1.30 p.m. on Thursday if I could go back to that exact time please.

Mr. Drew Harris

I think I got first notice of this event shortly after 2 o'clock on the Thursday afternoon. I do not quite understand the premise of the questioning. It is not my first responsibility to contact the Minister for Justice. My first responsibility is to deal with incidents-----

I am not suggesting that it is and I apologise if that is what he took from it. What I am trying to establish is the exact time at which he and the Minister spoke directly to each other, either in person or over the phone. The Commissioner has mentioned that at some point after 1.30 p.m. he was in touch with members of the Department of Justice, but to my mind, this is something that perhaps the Minister for Justice would want to speak to the Commissioner about directly.

At exactly what time was that conversation facilitated?

Mr. Drew Harris

I will have to defer and provide a precise time. I know, for instance, I met with the Minister in the evening time at the Department of Justice as the riot was ongoing.

What time was that at?

Mr. Drew Harris

That would have been at about 8 p.m.

Before that, the Commissioner had no telephone conversation directly with the Minister.

Mr. Drew Harris

I believe I did but I am being asked for precise times here. At the same time, I was in contact with the Secretary General of the Department of Justice as well.

In the intervening time, between 1.30 p.m. and 8 p.m. when the Commissioner had a sit-down meeting with the Minister, he was in contact with her by telephone. The Commissioner spoke to her on the phone.

Mr. Drew Harris

In truth, I had so much on my mind that I cannot give the Deputy a clear comment on when I spoke to the Minister first.

I suggest to the Commissioner that these are things that there will be a record of-----

Mr. Drew Harris

Yes.

-----because the Commissioner clearly would have contacted the Minister by telephone. There is a record of that. Could the Commissioner perhaps share that information with members of the committee?

Mr. Drew Harris

Yes.

It should not be tough to find that out. In fact, the Commissioner probably has the information required in his pocket, if he could share it with us. It is important.

I thank Deputy O'Reilly. For members' information, Deputy O'Reilly is substituting for Deputy Ward and enjoys full privileges as a member of the committee for the purposes of today's session.

I am sorry. I should have clarified that.

No, it is okay. It is just in case members are wondering about the rota. Senator Martin is next.

I thank the Chairperson. I welcome the Commissioner and his colleagues and thank them for their attendance and participation at the committee this afternoon. I would also like to put on the record my deep gratitude to the members of the force who put themselves in harm's way to protect the people of Ireland and, yet again, stood up, were tested and put themselves on the line. I would also like to associate myself closely with the words of sympathy for all the victims, especially the children, the crèche care worker and all others.

It was reported that some gardaí did not have their special protective gear - their kit bag - in their respective stations due to lack of locker space. Would the witnesses like to comment on that?

Ms Anne Marie McMahon

I thank the Senator for that question. It would not be unusual for some members to take their public order gear home with them. In fact, many of them have it in their cars at the ready in the event of a call-up. There is locker space for all members of An Garda Síochána at stations. Public order gear, by its nature, is large and bulky. The shields are quite bulky. While it is not the most desirable situation, it is the case that some members store their public order gear at home.

Are there sufficient lockers in stations?

Ms Anne Marie McMahon

Across the entire estate, which is quite large, some of it is quite dated and space is at a premium. The Commissioner and senior leadership team are always trying to enhance and improve the operational conditions of members at station level. It is the case that we do not have all the space we desire but plans are afoot to try to address that. In some cases, that is easier said than done because of the age of the estate.

In respect of the lockers that the Garda has, does all the necessary gear - fire-proof suits, body armour, public order batons, boots, helmets, communication gear and now tasers - fit in them? Are the lockers sufficiently large to contain all the necessary equipment?

Ms Anne Marie McMahon

All members of An Garda Síochána would have a locker for uniforms and-----

It is a separate locker.

Ms Anne Marie McMahon

That is a separate locker. Those who are trained in public order, or motor cycle personnel, have a separate locker. Those lockers, to the best of my-----

Are they adequate?

Ms Anne Marie McMahon

To the best of my knowledge, they are.

Deputy Alan Farrell took the Chair.

Reference was made to monitoring online activity and that, I would submit, is vital to give An Garda Síochána a heads-up on what might happen. Without going into intelligence, can the Commissioner give the committee more information about what that entails? How many staff are there and are they dedicated solely to this purpose? Is it a 24-7 role? What is the training, including ongoing training, like in this vital area?

Mr. Drew Harris

This is an element of our national security responsibility. In that line, I feel I cannot set out the resources that are engaged in that or when they are on duty. What I would say is that there is obviously a huge amount of material out there on the Internet. Even since Thursday, there has been a huge amount of misinformation about projected protests, etc., and efforts to gather up further protests and even threats of rioting, looting, etc. On all of those, we have made an assessment. Some of those we have policed very intensely and those things have not come to pass. However, there has also been a false trail of other misinformation that has gone up. The challenge is that so much of what is put up on social media is nonsense.

Is the Commissioner satisfied he has adequate resources to monitor?

Mr. Drew Harris

What we want to look to there is what else that might be done in respect of technology and we want to move this on again further.

Does the Commissioner have adequate personnel?

Mr. Drew Harris

I have sufficient personnel for the work we are doing at the moment but we want to grow this area, obviously, into the future.

I thank the Commissioner.

I thank Senator Martin and the Commissioner. That completes the first round for members. We will now move to non-members. I will give the order in which Chair has listed them: Senator Keogan, Deputy Crowe, Deputy Ó Murchú and Deputy Kelly. I might be omitting somebody.

My name is there as well.

I mentioned Deputy Crowe. Keep up now. There is another name here but I am afraid it is illegible. We will get to it in a moment.

I thank the Cathaoirleach Gníomhach. I welcome the Commissioner. I listened intently to the contributors who are members of the committee and the Commissioner's response and statement.

Nobody can condone the violence, rioting and looting that took place on the streets last week. While some people might be afraid of the labels "thugs" and "scum", I certainly am not. Some of that behaviour was certainly not what a civilised society would expect. The Commissioner has my full support in relation to having his officers apply the rigours of the law in dealing with any future incidents that may occur.

The Commissioner stated that while the officers were managing the protests, which had the potential to be volatile, rioting and looting was taking place in other parts of the city. Can the Commissioner differentiate between the groups of protestors and the riots and looters? Were those involved in the protesting near the scene, which the Commissioner said were peaceful but had the potential to be volatile, the same individuals who were involved in the looting and the burning of the Luas or the rioting and looting of businesses?

Mr. Drew Harris

That will be for the investigation to determine. There were multiple attacks on gardaí by individuals in the area of Parnell Square East, Parnell Street and then in O'Connell Street itself and some of those individuals then went on to loot and steal from property as well. We want to do an analysis of the CCTV evidence and the recording of witness statements, etc., to identify the full criminal activities or alleged criminal activities of individuals who engaged in violence and looting.

We cannot say there was one group that did this and a second group of people who only involved themselves in looting, burglary, criminal damage and so on.

Deputy James Lawless resumed the Chair.

I am aware of the pressure the Commissioner is under with regard to recruitment. The numbers just were not there to meet the need on the streets last week. Officers were called in from all over the place. Many of them simply got into their cars to help their colleagues in need at the time. How will this issue be addressed in the long term? Recruitment and retention are issues within An Garda Síochána.

Community policing is at the heart of what the Garda does. I am a great advocate of community policing. I do it in my community and area. It is an important element of good policing. When Mr. Harris came down here first, he brought 12 PSNI officers with him. Is there potential for a shared island initiative in this regard? Several people employed within the PSNI live along the Border, in the Republic of Ireland. Could there be an opportunity for them to transfer to An Garda Síochána if they so choose? Would Mr. Harris welcome such a move? It would be a very good shared island initiative between An Garda Síochána and the PSNI. Would Mr. Harris welcome it? We need to find solutions to this going forward, have more recruitment and for gardaí to be better prepared.

I want to talk about water cannons as well.

The Senator will not get a chance to do so in this round but she may contribute in another round. I am mindful there are several members who want to come in.

That is fine. Will Mr. Harris be given an opportunity to answer my questions?

Of course. I will then go to Senator McDowell, who is a member of the committee.

Mr. Drew Harris

In respect of retention and recruitment, there is significant focus on this area. We have a working group on which all the associations are represented. We are conducting exit interviews and learning from the various issues individuals raise as they exit the organisation. I will point to recent initiatives in respect of recruitment. We had hoped to see the new regulations for a change to the entry age. The entry age is to be lifted to 50 years. An increase in student pay has been implemented and backdated to the budget. That is very welcome. We hope to see the extension of the compulsory retirement age to 62 years. Many members want to serve beyond the current compulsory retirement age of 60 years.

As regards the Senator's points on cross-Border co-operation, anybody who followed me did so against a competition and got a position on merit through the Policing Authority and PAS competition. That is good to see. Senator McDowell will remember the joint policing agreement on this island and police-to-police co-operation which included the exchange of personnel. Obviously, that is something in which we will always be very interested. There are ongoing secondments and so on, but they are for quite a short timescale. It is an area we wish to open up further into the future. The PSNI has its own issues relating to staff numbers. It is not credible to, in effect, ask for a movement of PSNI officers to An Garda Síochána at this time. We also have the joint agency task force. Again, the Senator will remember the origin of that. It still works in the context of cross-Border operations at community level but also at crime level.

I am aware of that. I thank Mr. Harris.

I welcome the witnesses. I welcome Mr. Harris's statement in response to Deputy Brophy that he will not resign. He has my full confidence and support. Some of the people who have called for his resignation in recent times have used violent disorder as a political tactic in the past. I will put it no further than that.

On a general issue, the Constitution does, as the Commissioner stated, guarantee the right to freedom of assembly as a fundamental right of the citizen, but it is peaceful assembly. There has been a significant increase in the amount of disorder and breaches of the Criminal Justice (Public Order) Act 1994. I draw to the attention of the Commissioner footage I saw of protesters in Ballybrack who were screaming in the face of gardaí that they were scumbags and other, less polite, words. In effect, those protesters were let away with it. This House has been surrounded on both sides by massively disorderly demonstrations. I ask the Commissioner, and, perhaps, the Minister for Justice, to indicate that the right of assembly and the right of protest is peaceful protest and nothing but that. Does the Commissioner agree?

Mr. Drew Harris

Absolutely. The Constitution refers to peaceful protest and there is a significant amount of jurisprudence in respect of the right of assembly. We respect that in a democratic society citizens can gather. The public order Act to which the Senator referred, and particularly section 8 thereof, which allows directions to be given to a protest, is very useful legislation in terms of following through on breaches. I have no expectation, however, that members of An Garda Síochána should, in effect, stand and be the subject of hours of abuse. Arrests, if appropriate, should be made at the time.

The public order Act also gives any member of An Garda Síochána the right to direct people to disperse and move away, failing which they will be arrested, in cases of disorder.

Mr. Drew Harris

Yes.

In legal history, there used to be something called reading the riot act. It was a warning to a riotous group that it must disperse or it would be dealt with. That should be used more often. It should have been used outside the gates of this House. The protesters should have been told to go away. That is not happening but it should be considered in future.

As I double-job as a Senator and a barrister, I criss-cross this city four or five times a day. The visible policing to which Mr. Justice Charleton referred just is not there most of the time. I do not know why that is the case. Foot, bicycle and motorcycle patrols just do not seem to be there. I do not see them. I welcome the Commissioner's indication that he is taking a different approach to policing the city centre in future. He and his officers must ensure there is more visible policing. It increases public confidence and deters disorder.

In that context, a matter I have raised previously with Mr. Harris is that the Garda Reserve had 1,100 members but is now down to 300 or 400 members. The plan is for it to have up to 2,000 members. If Mr. Harris wants visible policing and to double the number of apparent two-member patrols, surely the reserve would be an invaluable resource. I noted in the latest statistics published by the Garda that there are now only 100 reservists in the Dublin metropolitan region, which is sad, really. I ask Mr. Harris not to take a relaxed approach to this but to ramp up the reserve again and to do so quickly.

I say this because there are good people in our society who do want to help and support the Garda. Unfortunately, their experience to date has been very unsatisfactory.

Mr. Drew Harris

In respect of the reserve, the regulations are at the very final stage. New regulations have been written for the reserve to try to expand the role and, in effect, give its members more meaningful operational impact on the ground. We hope then that we will be able to launch a recruitment campaign for the reserve in the first quarter of next year. We wish to have a targeted campaign, with part of it around the city here, but also around Gaeltacht areas.

The Commissioner mentioned the difficulties of Garda man hours being wasted on going through manual inspections of CCTV footage. Can civilian employees be used to do this task? Detectives do not necessarily need to be involved in watching the footage, if the people who are doing it know what they are looking for.

Mr. Drew Harris

Of course, this is going to require a huge effort and Garda staff. At the same time, Garda staff are fully deployed. When they are doing this task, then, they are not doing other essential work. The human eye does have weaknesses. People get tired and lose concentration. A fleeting image that AI might find might be lost. In these modern times, every individual is almost uniquely dressed in terms of how they appear. Whether they are masked or not, therefore, is, in some ways, irrelevant because we seek sufficient CCTV footage to capture the moment before they were masked and take it forward from there. This is a complex investigation and we wish to expedite it as much as possible.

It seems to me, going back to the comments I made about Ballybrack, that respect for An Garda Síochána, in some quarters, has evaporated. An impunity has developed incrementally on the part of people who confront gardaí. They will get away with disorder and conduct likely to cause a breach of the peace. In this context, I noticed an article in The Irish Times today about gardaí being worried about using batons because GSOC might get on their case and they might be suspended or under investigation for a long time.

Would the Commissioner agree with me that somebody, whatever we want to call them, and in deference to Senator Ruane, I will not use the word, "thug", but I will use a different Dublin term, "gurrier", confronting a member of An Garda Síochána should feel that if they use violence the response from the Garda will not merely be proportionate but that those responding will also come off best out of any confrontation? This seems to me to have been something that was the case in years gone by, but these people now seem to have no respect and no real belief that they will come off worse if they offer violence to members of An Garda Síochána.

Mr. Drew Harris

I point to the 11,000 arrests we have made between the south central and north central divisions alone. I also point to the increase in the strength of the incapacitant spray, and this is going to be provided to all members of the force. This is a small canister that all members will carry on their duty rig belts, and this will be available to all. Obviously, we have a more diverse workforce, and the qualities that individuals are recruited for now are somewhat different from those sought in those members who were recruited some 40 years or 50 years ago. I must ensure that members of An Garda Síochána are properly equipped for such violent confrontation and this is why we are moving on the incapacitant spray.

I thank the Commissioner.

I thank the Senator and the Commissioner. I am going to move on now to some of our guests. I will start with Deputy Cathal Crowe.

Mr. Drew Harris

I am sorry to say that I have just got a note about a small update I must receive. Could we have a five-minute break, please?

Mr. Drew Harris

I thank the Cathaoirleach very much.

Sitting suspended at 3.24 p.m. and resumed at 3.30 p.m.

Next to ask questions is Deputy Crowe, who will be followed by Deputy Kelly. Over the break, the Commissioner had a chance to gather some further information that he will share with us before we resume.

Mr. Drew Harris

We have information in respect of resources. I will cover the position around speaking with the Minister. In the context of the hurly-burly of the day, so much was going on, backwards and forwards. I first became aware of this incident at 2.19 p.m. and my first contact with the Minister was at 2.49 p.m.

I thank the Commissioner. That is helpful.

Mr. Drew Harris

I will hand over to Ms McMahon, who has other information.

Ms Anne Marie McMahon

Just to update the committee, an attestation was due to take place on 15 January. We will now bring that forward to 15 December. There are 151 trainee gardaí in that cohort who will be ready for deployment on 16 December. We are currently working through where they will be allocated. In line with previous allocations, a considerable cohort will be assigned to the DMR, but other areas around the country will be getting an allocation as well. They will be returning to the Garda College on 14 January to complete their training – that is, from 14 to 24 January. They have some exams and other instruction to do. However, they will be ready for deployment on 16 December. That is the update.

They will be in the field, as it were, over the Christmas period.

Ms Anne Marie McMahon

Yes. They will be an available resource from 16 December to cover the Christmas period.

Very good. That is welcome news. I thank the Commissioner and deputy commissioner for those updates.

We will resume with our members. I call Deputy Crowe.

I wish to launch straight into my questions, if possible. I thank the witnesses for being here. First, I do not agree with calls for Commissioner Harris or the Minister to be sacked or to have to resign. I think those making such calls are cashing in on tragedy and chaos. However, I think the effectiveness of the role of Commissioner merits critique and indeed some criticism under different lenses.

At the moment, 113 gardaí are suspended throughout the country. Some 130 gardaí in the Limerick division were interrogated. Their laptops and mobile phones were seized. This all relates to the squaring of road traffic fines. Some of them found themselves graduating from Templemore straight into initial suspicion and investigation. Some of that is fine; it is operational stuff. However, it is not fine when more than six gardaí have been suspended for more than four years and one garda has been suspended for almost ten years. They are all suspended with pay. There are enough gardaí at the moment suspended-----

Mr. Drew Harris

Might I say the matter being raised is live before the courts.

The number before the courts is in single digits and therein is the problem. I can assure the Chair I will not comment on any court case. The point I am making is that the number suspended equates to half of the total Garda cohort in my county. One can imagine the difference having 113 gardaí on the street somewhere - be it Ennis, Dublin or anywhere in Ireland - would make in terms of policing, instead of having them at home, not using the skills they acquired in Templemore, being fully paid to sit at home while suspended. It is amoral and it is a failure. The National Bureau of Criminal Investigation needs to move this on. If they have done something wrong, dismiss them; do not have them at home on pay. However, if they have not done something wrong, let them go back into line.

Have certain directions been given by the Commissioner’s office or those at assistant commissioner level to not pursue guys who are driving scrambler and quad bikes without helmets? Rank-and-file gardaí told us that. Have they been told not to use batons or pepper spray? We are increasingly hearing at local level that there is paralysis of decision-making. If you ring up a garda on their mobile or contact them, we would all have their numbers. For example, you have to talk to a superintendent or you will have to talk to a chief superintendent for an issue to be dealt with. Has the Commissioner given direction that certain things such as that cannot be pursued by rank-and-file gardaí?

Is there a paralysis of decision making as a result? Are people fearing for their careers and their livelihoods and are, therefore, not taking action?

Mr. Drew Harris

Suspensions are a matter of last resort in the organisation. Every single one of those cases is considered very carefully. As I say, it is a matter of last resort, whether am individual member is suspended or not. These are under three-month review. If any new facts emerges, then they are under immediate review. It is a precautionary measure in terms of public confidence in the organisation but also in respect of the inquiry itself and the preservation of the integrity of that inquiry.

I reject the description of it being immoral but some individuals are facing very serious charges for conduct while off duty. There would be no prospect of them being in them workplace until these matters are resolved.

Regarding baton use and incapacitant spray, no directions whatsoever have issued from my office or the office of any other deputy commissioner or assistant commissioner in that regard.

Scrambler bikes?

Mr. Drew Harris

In respect of scrambler bikes, we are in the final stages of a pursuit policy and also a policy in respect of the use of devices which in effect disable vehicles. That will be promulgated to the organisation but there is no policy of standing off in terms of those who are committing crimes. Again, no policy or direction has been sent out from my office prohibiting pursuit. Indeed, it is the opposite. The purpose of the operating model is that chief superintendents and their teams are empowered to deal with local issues. There does not have to be constant referral back to headquarters, to the offices of assistant commissioners, deputy commissioners and me for actual direction. I know the Deputy is describing a scenario but what we are attempting is the exact opposite.

I want to conclude by thanking the Garda Commissioner. I see it more as a witch hunt which has not drawn to a conclusion. A person would be acquitted quicker for murder than for carrying out their duties as a garda. Just move it on. If they have done something wrong, dismiss them and if they have not, let them return to the force. It does not make any sense that something would be dragged on for such a protracted period. Ten years is far too long and four years is far too long. It is all wrong and it would make such a difference in terms of day-to-day policing. I cannot fathom it at a time when numbers are so critically low. On the publicjobs.ie today there is no mechanism for someone to apply to get into the Garda Reserve. Senator McDowell made the point that it makes no sense at a time when numbers are below critical levels. I just checked it ten minutes ago to double check it. There is no portal. Garda.ie advises people to go to publicjobs.ie. People who do so will see administrative roles. However, there is nothing there regarding the Garda Reserve. Surely at a time of crisis, when the public is outraged, recruitment could be better than ever and numbers could be bolstered and visibility could be bolstered.

Mr. Drew Harris

As I stated earlier, we are in the final furlong in terms of new regulations and we hope to mount a competition for new reserve members in the first quarter of 2024

I thank the Commissioner and the deputy commissioners. My best wishes to all their colleagues after last week, particularly those were affected.

I am glad we have got clarity in relation to the phase 3 recruits who are going out to phase 4. I was not aware of that. That will add numbers, but it is unprecedented. I would like to get clarity on the following matter. From 1 January to the end of December this year how many trainees exactly will have been in Templemore in the calendar year?

Mr. Drew Harris

The exact figures are not to hand. I came prepared for evidence about last Thursday.

I am a member of the Oireachtas. This is the justice committee. Is the Commissioner telling me that he has come into the justice committee, not knowing how many trainees who have participated in Templemore between 1 January and the end of December this year?

Mr. Drew Harris

The Deputy asked me for an exact figure, which I do not have.

Okay, give it to the closest ten.

Mr. Drew Harris

My deputy will check it out and give us a precise number.

Please do not take this personally but that is not acceptable.

Mr. Drew Harris

I can give a figure, but the Deputy has asked for an exact figure and then a figure close to ten. I want to give a precise figure.

Okay, close to 50.

Mr. Drew Harris

It is over 700. It is between 700 and 750, I would say, but I need to be clear.

It is between 700 and 750. Okay, that is fine.

Mr. Drew Harris

My point is that there is still a further entry to the college due to happen at the end of this month.

Yes, that is where I am going with this. Does the 700 to 750 figure include the 200 who are being brought in on 28 December?

Mr. Drew Harris

Those figures have not yet been finalised. Offers for this-----

Does it include the intake coming in on the 28 December?

Mr. Drew Harris

Offers for that class are still being made, so the final figure is not known.

Just clarify, so the public are aware, the 700 to 750 figure does not include the intake on 28 December, which by the way, has never happened before? It does not include those whatever that figure is, whether it is 100, 150 or 200.

Mr. Drew Harris

If I could be afforded the time to check these figures, I could be more accurate.

With all due respect, it is a pretty basic requirement to know how many gardaí are going to go through Templemore in a year.

The question has been very clearly put, and that is fair. The Commissioner is going to try to answer. Just give him a chance, if he has the figures.

Mr. Drew Harris

I have the figures here. On 20 February, it was 132; on 15 May, it was 153; on 31 July, it was 174; and on 16 October, it was 174. Then we have an induction day on 27 December.

What does that come to approximately?

Whoever has the best calculator, can work that out. We have the information. That is the end of the slot.

Can I just get an answer?

A vote has been called in the Dáil, so I am going to have to suspend.

Can I resume and get my answer?

Not really, because you are over time. If the Commissioner wants to supplement whatever he said, he can do so.

I have not got an answer.

Deputy, this is how it works in this committee. You have a slot, whether you get an answer or do not, we have to move on. I have to be fair to everybody. Commissioner, do you want to make a comment?

Mr. Drew Harris

Some 633 students have entered the college this year already.

That does not include the December intake.

Mr. Drew Harris

No, that does not include the December intake.

Very good. That is an answer. We will suspend until the vote is over. I ask the Commissioner to bear with us. We will be back in ten or 12 minutes.

Sitting suspended at 3.48 p.m. and resumed at 4.12 p.m.

I apologise for having to suspend the meeting as a vote was called in the Dáil Chamber. I remind members and witnesses that we must conclude by 4.30 p.m. sharp because another committee is due to meet in this room. We will keep the meeting as tight as possible. There will be two minutes per member for each interaction, including responses. The usual warnings apply regarding referring to any person or group outside the room. Everyone should please refrain from doing so. The next speaker is Deputy Ó Murchú.

My time is limited. Colleagues have gone over and back on operational matters and some of this information will need to be studied in the very near future. Huge learnings need to be made in regard to operational matters. I want to deal with a specific matter related to the amalgamation of the Louth division with the Cavan-Monaghan division. I have written to the Commissioner in regard to this. I think he has received correspondence from various joint policing committees, JPCs. The idea is that one chief superintendent will deal with the whole area. Some of the streamlining measures are welcome but I am not sure that a superintendent in Bailieborough, who would have responsibility for major crime, including intelligence-led operations, could deal with the entire divisional area. I say that given the significant issues that arise in the large towns of Dundalk and Drogheda, the M1 and the Border. Kerry is being maintained as a single division, and Donegal, which was to be amalgamated with Sligo and Leitrim, is to be maintained as a single division. I have worries in regard to how this will work out in terms of Garda operationality in future in this area.

The Commissioner has 13 seconds to respond.

Mr. Drew Harris

If I may, I will turn to Cliona Richardson, who is the assistant commissioner for the north-western region.

Ms Cliona Richardson

In relation to the operating model that will become live on 3 December, we have had a lot of engagement on the JPCs, the superintendents, the inspectors and all the gardaí on the ground on the implementation of the model. A review was carried out and it was deemed that the three-county model would be workable within the Louth-Cavan-Monaghan division. The chief superintendent there is very happy that it is workable and we are able to do it.

The operational model streamlines a lot of work for members. Deputy Ó Murchú said there is only one superintendent with responsibility for crime, but in fact there are two detective superintendents in the region to supplement the superintendent with responsibility for crime in Cavan-Monaghan. Each superintendent will have an area of responsibility and these will be adequately staffed in order to do that. That streamlining is there so they are not being pulled in many different directions, which they have been before. They have specific responsibilities and they can carry them out efficiently and effectively. That is what the operational model does. It gives a more efficient and effective way of policing within the community. What is really important in that regard is that the community engagement piece is very strong in the Louth-Cavan-Monaghan division, in particular in Louth where we will have two community engagement areas to ensure the diversity in that division is addressed within the operating model.

I thank the assistant commissioner very much. I call Deputy McNamara. Again, we will keep the slot to two minutes.

I will ask three questions in the limited time available to me. Does the Commissioner accept that there is a link between this and the toleration of antisocial behaviour on the streets, as seems to have been the case in the south inner city and north inner city, at least during the Covid lockdowns and since, and that as that becomes more and more prevalent, people then feel they can act with impunity? At least some of the rioters – very far from all of them – were mere opportunists who have been on those streets and acting with increasing impunity for a long time. That is the first question.

Second, there is an increase in antisocial behaviour in Ennis. A market building, which is a bit of a fiasco, was recently built by Clare County Council at massive cost. As there is no use for it, the building has become a place drug addicts seem to hang out and to use and the council has had to shut it down and lock it because there is no policing of it. Perhaps because the Garda does not have adequate resources, it has been unable to secure the building to the satisfaction of Clare County Council so it has been shut down. It has to be a worry when any public building on the streets of Ennis is required to be locked up because it cannot be policed.

My last point is on community policing. It is not that long since I grew up. In the town where I grew up there were always gardaí present. They were very involved and integrated in the community, training hurling teams, etc. I am not saying it should be part of their conditions that gardaí should have to train hurling teams. I am minded that the local team did very well and there were a lot of celebrations. On the night in question, one man who was particularly passionate was getting into his car to drive home and the local garda went up to him and asked, "Are you sure that is wise?" and the man replied, "Why, Paddy, are they around?" It is apocryphal but it reflects a feeling that it is not them and us and that we are all part of a community. Obviously the garda in question could have waited for the man to sit in to the car and turn the key in his ignition, and he would have become a statistic in the drink-driving arrests. The more integrated gardaí are and the more community policing we have, the more information we have, and it is not them and us. That has been lost. I am not saying that one model suits all but there is a model of policing in rural Ireland that is being lost.

Mr. Drew Harris

If I could take the rural policing model first, it has been my stated position that I do not want to close any stations whatsoever. In fact, I want to grow the relationship between ourselves and rural communities. Often we are the last person there. Other Government services, of whatever description they might be, have left. I am very mindful that if we leave, officialdom, in any shape or form of government, is gone. That local connection is very important. It is community policing and should be properly protected, as such.

In the city, which is a somewhat different model, some 330 members are still assigned to community policing. Deputy McNamara raised the issue of antisocial behaviour. If we look back to the classic work in New York. That was labelled "Broken Windows". It was not about the antisocial behaviour on its own; it was about the environs in which it happens. That speaks then to us not solely having the responsibility in effect to restore order to the streets. Let us work with the council and other agencies to improve the overall feeling of community safety in areas. Community safety partnerships are part of the new Bill and we welcome the opportunity to work alongside them.

On the previous occasion on which the Commissioner was here, I brought to his attention the difficulty with community policing in south Kilkenny and Kilkenny generally. Will he brief the committee, by writing to the clerk, if necessary, on what actions are being taken to deal with the deficit of policing presence in south Kilkenny? I reiterate that the whole issue of drugs is out of control. I would like some sort of response in that regard.

My second question relates to a memorandum of the Government in 2016. I understood at that time that Garda numbers were to be increased to 21,000, with the reserve to stand at 2,000 and civilian numbers to rise to 4,000. Community wardens were mentioned at that time, taking from the UK model. How many reservists are there in the force, how many get paid and how many have applied for the €1,000 allowance? What has happened since 2016 that those numbers have not been achieved?

Mr. Drew Harris

In respect of the reserve, I provided evidence earlier that we are in the final furlong of new reserve regulations. We plan to go to a recruitment competition specifically for reservists in the first quarter of next year. Members of the reserve work for us, in effect, voluntarily. I am not clear around the numbers involved in the €1,000 bounty. I do not have that information to hand but it can be provided in writing.

Regarding policing in south Kilkenny and the points the Deputy made at the previous meeting in respect of drugs and resources, I will revert in a written report.

The figures that were presented in 2016 indicated an increase in the force to 21,000 by 2021, with the reserve to increase to 2,000 and civilian staff numbers to 4,000. What actions were taken to achieve those numbers?

Mr. Drew Harris

The recruitment competition was launched in 2016 and was very successful throughout 2018, 2019 and 2020. With the onset of the Covid pandemic, Templemore had to close. In the meantime, new recruitment regulations were drafted and, in effect, a competition commenced in early 2022, with the first class entering the college in November of that year.

I am asking about the numbers.

We have to move on, Deputy.

I just want clarity on the numbers.

There are only five minutes remaining and lots of other members wanting to come in.

The Commissioner might write to the committee and answer the questions I have asked.

I will ask at the end that he do so, as I normally do in respect of all outstanding queries. I remember well that the Deputy asked about policing in south Kilkenny on the previous occasion. I recall seeing it in the minutes as well.

That concludes our first round of exchanges between members and witnesses. We only have a very small amount of time remaining. Rather than giving everybody the usual slot, which we do not have time to do, I invite every member to put one question. I can only accommodate committee members in this final round. I will take those questions as a group, with no back and forth. If the Commissioner and his team are not in a position to answer any of the questions today, I ask that they follow up in writing, as per Deputy McGuinness's request and in response to any other questions that arose today to which they did not have the answer at their fingertips. We understand that our guests are not encyclopedias. I ask that they follow up with the committee in writing on any such issues.

I will ask the first question. How many detectives are based in the special detective unit, monitoring far-right activity and online activity that may arise, including in regard to the events that occurred on Thursday night?

It is well reported and documented that the short- to medium-term response to take us up to Christmas includes the deployment of four public order units. People are concerned about a cliff edge. Is the Commissioner prepared to come back to the committee after Christmas? What is his vision for the longer term for protecting people and ensuring Dublin is safe? Will he come back to the committee after Christmas to explain that vision for the longer term as it is rolled out? We have only heard today about what is happening up to Christmas, for which I thank him, but I would much prefer to hear about the vision for the longer term.

I apologise for having to leave the meeting earlier as there are a number of meetings I have to attend today. I refer again to the drugs unit for Cavan-Monaghan, which I mentioned at the previous meeting. Is there any update on bolstering that unit, which is absolutely crucial? I have a related question. My understanding from replies to parliamentary questions I submitted is that there are a large number of gardaí on long-term sick leave. I am talking in the hundreds. I am sure that is impacting on the force and on what the Commissioner can do operationally to provide the visibility we have heard about repeatedly in recent days. What steps are being taken to try to bring those gardaí who are on long-term sick leave back into the force, where they are so badly needed?

The Commissioner said in response to my question about when his first contact with the Minister that he had contact with her. Was that via text, email or speaking to her on the telephone? If the initial contact was by text, when did he first speak to her last Thursday?

Mr. Drew Harris

That was-----

We will go around the table and take all members' final questions before going to the Commissioner. Otherwise, we will run out of time.

I am interested in the answer to Deputy Daly's question and specifically whether the contact happened before 6 p.m. I also want to know about the intake in 2023. How many of those taken on for training this year to become members of An Garda Síochána have left? The Commissioner gave a figure of 633 for the 2023 intake.

If the authorities do not accept that we have a problem with recruitment and retention, then we will have a bigger problem coming down the road. The reality is that there are serious issues in this regard. I speak as someone who served nine years as a member of An Garda Síochána, stationed in Monaghan. The attractiveness of the job back then as opposed to its unattractiveness today is a big problem. Unless we seriously address that, we will have a bigger problem down the road.

I want to follow on from the Chair's question about the numbers in the SDU. Will the Commissioner provide more context in terms of how many are in the unit, how many should be there and how many he would like to be there, how many have applied for the unit and are waiting for sign-off, who should be doing that sign-off and whether there are any roadblocks in that regard? I am asking for more fine-grained detail on the numbers around the SDU. As the Chair said, the Commissioner may provide the answer in writing after the meeting.

I thank the Commissioner for his contributions this afternoon. My final question relates to the ministerial report he provided, about which I put a question during Leaders' Questions in the Dáil. Will he provide the committee with a copy of that report, redacted or otherwise, for our consideration?

I notify the Chair that I reserve the right to raise a matter of committee business once all these questions are dealt with.

The Deputy might have to wait until next week because we have to vacate the room in three minutes' time.

It will only take a moment.

May I quickly ask one more question?

The Deputy has five seconds to do so.

As units are being amalgamated, what policies and plans are in place to ensure the amalgamated counties will still have a full policing service? The Commissioner might respond to that later in writing.

It is a good test of memory for the Commissioner to see whether he can pick up all the questions that were put to him in rapid fire. I ask that he follow up in writing on the questions he cannot answer now.

Mr. Drew Harris

I might go in reverse order. The amalgamation of counties under the new operating model is all about there being less management and more people out in communities. It is about the chief superintendents and superintendents doing properly strategic management of a bigger division. We have increased the number of sergeants and inspectors to support that. I can provide more detail in writing.

With any report I submit to the Minister, it is for the Minister to decide upon circulation of that report thereafter.

In respect of the strength and composition of the SDU, the unit almost exclusively deals with terrorism and counter-espionage.

The resources associated with that remain confidential. I report directly to the Minister on those matters.

We recognise that recruitment and retention are an issue. We are a major employer and, like every other major employer, we are in a very competitive place as regards recruiting individuals. We have our own working group. There have been some improvements in the terms and conditions for those coming in and changes to the eligibility age but there are other outstanding issues between the associations and the Department in respect of terms and conditions. I have written in respect of those issues as well. We want to expand our recruitment effort and we have to look to groups that are underrepresented in An Garda Síochána. That includes women and other underrepresented groups, including ethnic minorities. That is a particular issue for us.

I do not have the number of recruits who did not finish their training during 2023 to hand but it would be small. I have seen some commentators report very large numbers but that is not correct. You are talking about two handfuls across the year. I would be surprised if it was any more than that.

The time I provided earlier related to telephone contact. I will ask Ms Richardson to cover the next issue.

Ms Cliona Richardson

On the drugs unit in the Cavan-Monaghan division, there is a competition ongoing. However, members are extremely active in investigating drug activity within Louth, Cavan and Monaghan, and particularly within Cavan and Monaghan. On Monday, more than €300,000 worth of cannabis was seized in Cavan. Last week, more than €180,000 worth of drugs were seized from a grow house in Cavan. There are prisoners out of that. It is an extremely active drugs unit, although operating with members on the ground rather than members of the drug unit.

Mr. Drew Harris

The next question was on long-term sickness. We have a very active chief medical officer. Obviously, we want people to return to work but, if they are not going to return to work, they exit the organisation with some dignity through a medical discharge programme. Regrettably, we reach that position with some members but it is at least a decent exit from the organisation. I omitted to mention earlier our employee assistance service, which provides welfare, support and mental health guidance, signposts members towards help and provides counselling itself. Since Thursday, it has made 622 calls in respect of the individual members engaged in policing the disorder. There has been a great effort. That is just one aspect of its work. A great deal of it relates to outreach and making sure everybody knows help is available. Contact has been made frequently with those who were injured but the service will also engage with anyone who seeks further assistance to signpost them towards it.

Will the Commissioner address the question on the post-Christmas operational response?

Will he also answer the question on the SDU, if he has that information to hand?

Mr. Drew Harris

I am not in a position to go into the strength and composition of the SDU. That is a matter I report to the Minister on as the unit primarily focuses on counterterrorism and counterespionage operations.

Can the Commissioner reassure us there will be no cliff edge after Christmas?

Mr. Drew Harris

There will not be. The plans we are drawing up are, in effect, to make sure we can manage a high level of visibility going forward. We spoke earlier about a reprioritisation of resources. We just have to follow that through over the coming weeks. In March, another 172 members will graduate and, in June, a further 172 will graduate so there is a pipeline of probationary gardaí coming out of the college, which is very important.

Will there be the same number of units after Christmas? Will there be any diminution? Will the same strength and priority be visible after Christmas as before Christmas?

Mr. Drew Harris

We have to decide on what the profile should be. It should be borne in mind that we now have water cannons available to us. We also want to accelerate the other additional tactical options we have available to us. We have already done that in terms of strengthened incapacitant spray and the water cannons. We want to see what the next things are.

I appreciate the Commissioner's time today. While this concludes the meeting, Deputy Farrell has indicated he wants to very briefly raise an item. It falls under "any other business" but it is relevant to the witnesses.

It is relevant to the witnesses but-----

They are not expected to comment.

-----no response is required. First, I will put on record my appreciation for Superintendent Ciara Lee, Superintendent Brian Conway and Superintendent Brian Murphy in Templemore for their professionalism and hospitality when the Oireachtas committee visited last week. Some really exceptional information was provided to the committee members who were in a position to go down. I wanted to put that on the public record.

There were a number of issues raised during that meeting with regard to training facilities and the capacity of Templemore to accommodate ongoing training, as opposed to new recruit training. I refer to continuing professional development and other matters such as firearms training and driving training among other things. It would be very beneficial to the committee if the relevant individuals within An Garda Síochána and the Department of Justice were to come before us so that we could hash this out because it is entirely related to the matters we have been discussing today.

That would be very worthwhile. I wanted to make sure the Commissioner heard my praise of the three superintendents but also heard of the need for us to-----

Is it agreed to come back after Christmas to discuss the issue of the public order units?

That was the single item under any other business. For members' attention, I echo and agree with the sentiments expressed by Deputy Farrell in thanking the superintendents. I compliment the professionalism of the whole team in Templemore. For the information of members of the committee, I have written to all four superintendents we met on the day to thank them on the committee's behalf and to acknowledge their efforts. I really was impressed at the set-up down there, as were all of us who made the trip. I will finish on that very positive note. I again thank the witnesses for their time and I also thank the members.

The select committee will meet next Tuesday to consider the Court Proceedings (Delays) Bill 2023. The joint committee is back at 9 a.m. next Thursday for an engagement with the Minister.

The joint committee adjourned at 4.37 p.m. until 9 a.m. on Thursday, 7 December 2023.
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