23 June 2005

Justice

Garda Code and Human Rights

Ciarán Cuffe asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the Garda code is compatible with the European Convention on Human Rights and, if not, his plans to review the code to ensure that it is compatible with modern policing practice.

Minister For Justice, Equality and Law Reform: The Garda Síochána code covers all areas of Garda duties including operational, security and administrative duties. All members of the Garda Síochána are issued with a personal copy of the code which is retained by the member for the duration of his or her service.

In accordance with section 3 of the European Convention on Human Rights Act 2003, every organ of the State is obliged to perform its functions in a manner compatible with the State’s obligations under the European Convention on Human Rights. The Garda code is kept under review by the Garda authorities with a view to ensuring that it is compliant with the evolving jurisprudence of the European Convention on Human Rights. The Garda Síochána circulates guidelines and directives to take account of legislative changes and judicial decisions as they arise.