Jim O'Callaghan
Ceist:
353. Deputy Jim O'Callaghan asked the Minister for Justice and Equality the number of gardaí currently issued with firearms cards; the equivalent figures in each of the previous nine years; the number of times gardaí have discharged firearms in a lethal manner in each of the past ten years; and if the discharges were accidental or not. [7715/20]
Amharc ar fhreagra
In accordance with the Garda Síochána Act 2005, the Commissioner is responsible for the direction and control of An Garda Síochána. The Commissioner is also responsible for the day to day management of An Garda Síochána which includes operational matters.
I have contacted An Garda Síochána in relation to the information sought and will write directly to the Deputy when a response is available.
The following deferred reply was received under Standing Order 50.
I refer to Parliamentary Question Number 353 for answer on 27 May 2020 in which you requested the number the number of Gardaí currently issued with firearms cards; the equivalent figures in each of the previous nine years; the number of times Gardaí have fired lethal firearms in each of the past ten years; and if the discharges were accidental or not.
As you may recall, the information you requested could not be obtained in the time available and Minister Flanagan undertook to contact you again when the information was to hand.
The requested information has now been responded to by An Garda Síochána and accordingly, please note the following;
In accordance with the Garda Síochána Act 2005, the Commissioner is responsible for the direction and control of An Garda Síochána. The Commissioner is also responsible for the day to day management of An Garda Síochána which includes operational matters and I as Minister have no role in these matters.
Concerning Firearms Authorisation Cards, I am informed by the Garda authorities that under the then leadership of Assistant Commissioner, Garda National Crime & Security Intelligence Service, a Firearms Authorisation Card Review Group was established in late 2018. The terms of reference for said Review Group included the conducting of an examination regarding the allocation of Firearms Authorisation Cards within An Garda Síochána with the objective of reducing the volume of same issued in line with the increase in firearms capability at the Special Tactic and Operations Command.
The Review conducted by the Firearms Authorisation Cards Review under the direction of Assistant Commissioner, Garda National Crime & Security Intelligence Service has concluded and has resulted in the issuance of Firearm Authorisation Cards being reduced by 26%.
In relation to the
number the number of Gardaí currently issued with firearms cards; the equivalent figures in each of the previous nine years, I am advised that it is the established policy of An Garda Síochána not to comment on matters that impinge on national security.
In relation to the firing of lethal weapons I note that
Garda HQ Directive 10/2010 came into effect on the 26 January 2010. This requires An Garda Síochána to notify the Garda Síochána Ombudsman Commission of the discharge of a firearm, or less than lethal device, within 48 hours of the event occurring using an Annex 2 Notification form. I am informed by GSOC that these notifications involve the discharge of a Garda issue firearm or less lethal device which does not result in the death of, or serious harm to a person. These notifications are on a non-statutory basis, and GSOC only has records of the incidents that it is notified about by An Garda Síochána.
GSOC may also undertake an investigation involving the discharge of a Garda issue firearm or less lethal device that results in the death of, or serious harm to a person. Such an investigation requires a referral to be made to GSOC by the Garda Commissioner pursuant to section 102(1) of the Garda Síochána Act, 2005 (as amended).
I am advised by GSOC that 13 Annex 2 notifications were received by GSOC involving the discharge of a lethal firearm from 2016 up to 7 August 2020. Records prior to 2016 are not currently available in an accessible format so content is only available from 2016 onwards. (Please see appendix for further details).
GSOC also has the power to initiate a public interest investigation in accordance with section 102(4) in the absence of a complaint or referral from the Garda Commissioner. GSOC may initiate an investigation under section 102(4) based on information contained within an Annex 2 notification, or if it is made aware of a particular incident through other means.
Each of the GSOC investigations into the discharge of a firearm by a Garda member was initiated either on foot of a Section 102 (1) referral from the Garda Commissioner or under a public interest investigations conducted under Section 102 (4).
I am informed by GSOC that 12 investigations were opened under Section 102(1) and 3 investigations were opened under Section 102(4) for the period 2009 up to 7 August 2020. (Please see appendix for further details).
I trust this information is of assistance.
Appendix
Notifications under Garda HQ Directive 10/10 re Lethal Firearms Discharge
|
Year
|
No. of Notifications
|
|
2016
|
0
|
|
2017
|
8 (Two relate to “Production of Firearm”)*
|
|
2018
|
2 (Both relate to “Production of Firearm”)*
|
|
2019
|
1
|
|
Jan 2020 to 07 August 2020
|
2
|
*”Production of Firearm” is interpreted as a firearm being produced by a garda member but not discharged - no reference is made to a firearm being discharged however an Annex 2 notification was received by GSOC in accordance with Directive 10/2010.
Investigations opened under s.102 (1) or s.102 (4) re Lethal Firearms Discharge
|
Year
|
S.102 (1)
|
S.102 (4)
|
|
2009
|
1
|
n/a
|
|
2012
|
1
|
n/a
|
|
2015
|
1
|
n/a
|
|
2016
|
1
|
1
|
|
2017
|
2(one of these is listed on the 2017 firearms notifications, and included in the figures provided for Annex 2 notifications)
|
2
(both of these are listed on the 2017 firearms notifications, and included in the figures provided for Annex 2 notifications)
|
|
2018
|
3
(one investigation concerned the discharge of a firearm at a dog, one investigation concerned the fatal self-inflicted discharge of a firearm by a garda member)
|
n/a
|
|
2019
|
1
(listed on the 2019 firearms notifications, and included in the figures for the Annex 2 notifications)
|
n/a
|
|
2020 (to date)
|
2
|
n/a
|
