Questions have been raised about Garda policing of protests in recent days after the arrest of 14 people on suspicion of public order offences at a protest outside the Dáil last week, and a further arrest at Dublin City University (DCU) at a separate protest against Israel’s actions in Gaza.
So what are the Garda protocols for policing demonstrations?
The Garda’s stated policy for the policing of public incidents – both pre-planned and spontaneous protests – is to “uphold and protect the human and constitutional rights of everyone by providing a high quality, effective policing service in partnership with the community” and other agencies.
“In carrying out their duties, members of An Garda Síochána shall, as far as practicable and in so far as the circumstances dictate, consider non-physical means before resorting to the use of force in the resolution of public order incidents,” the Garda’s Public Order Incident Command policy states.
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“Members of An Garda Síochána will only resort to the use of public order tactics if there is no realistic prospect of achieving the lawful objective without exposing members of An Garda Síochána, or anyone whom it is their duty to protect, to a real risk of harm or injury.”
What should gardaí do if streets, or entrances to public buildings, are being blocked?
In policing protests with the potential for disorder or for public places to be blocked, Garda members are advised to speak with protesters they encounter and offer advice and directions. This is done on an informal basis, though the Garda’s approach can escalate and become formal if protesters decline to engage or refuse to comply with direction.
For example, the provisions relating to wilful obstruction included in Section 9 of the Public Order Act, 1994, was applied by gardaí to the Mothers Against Genocide protest outside Leinster House last week.
The Act says of “wilful obstruction”: “Any person who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place shall be liable on summary conviction to a fine not exceeding €400.”
If gardaí believe a case of wilful obstruction has arisen, they must give the people involved the opportunity to desist; if they decline, they can be arrested for “wilful obstruction”. However, an arrest for that offence should only be made when a clear and full opportunity has been provided to people to desist.
Under the legislation, gardaí must first clearly tell the person to “desist from acting in such a manner” and to “leave immediately the vicinity of the place concerned in a peaceable or orderly manner”.
What are gardaí saying about last week’s protests?
The Irish Times understands gardaí on duty outside Leinster House wanted to ensure the entrance on Kildare Street was open to staff from 5.30am last Monday week after about 30 protesters had remained there overnight following a protest on Sunday evening against Israel’s actions in Gaza.
Gardaí who were present took the view that the group had been asked to leave, from 5.30am, and when they did not do so, arrests began to be made at around 8am in a bid to clear the entrance to Leinster House for staff.
A total of 14 people were arrested on suspicion of public order offences. Eleven of them subsequently received adult cautions, while three are before the courts.
Garda Headquarters denied claims any cavity searches had taken place after the suspects were taken to Dublin Garda stations following their arrest. Although claims were also made by some Opposition TDs in the Dáil of strip-searches, Garda Headquarters said any searches that took place complied with procedures for the treatment of people in custody.
Garda Headquarters made no comment on the allegation of strip-searches. However, Garda sources said the claims of strip-searches could be tested as video and audio recordings would be available for those areas of the Garda stations the women protesters were brought to.
While CCTV did not cover cells in stations – due to privacy and human dignity reasons – audio was recorded in cells and would capture any order to the suspects to strip as part of a search.
Anyone who wishes to complain about their treatment in custody can lodge a formal complaint to Fiosrú, the new name for the Garda Síochána Ombudsman Commission. It said last week it had received “a small number of calls from concerned members of the public about the media reports of the protest”.
