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Ciarán Cuffe
asked the Tánaiste and Minister for Justice, Equality and Law Reform the
the advances made to date to implement the recommendations contained in
the report of the Barr Tribunal, in particular the recommendations that
the Emergency Response Unit be equipped with stun guns and other
non-lethal options and that improvements in Garda training in the
context of siege situations be implemented without delay; and if he will
make a statement on the matter. |
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Tánaiste and Minister
for Justice, Equality and Law Reform (Mr. McDowell):
I propose to take Questions Nos. 175 and 183 together.
As I stated at the time of the Barr Report’s publication, it is
important that we learn whatever lessons we can from the tragic death of
John Carthy. In this regard, and in accordance with the Garda Síochána
Act 2005, I have forwarded a copy of the Report to the Chief Inspector
of the Garda Inspectorate, Ms Kathleen O’Toole. In the light of the
Report’s findings I have asked her to review Garda procedures and
practices for dealing with incidents of the nature that arose in
Abbeylara. In addition, under the provisions of the Garda Síochána Act
2005, all fatal shooting incidents involving the Gardaí will
automatically be referred to the new Garda Ombudsman Commission.
However, the improvements that have already been made, both in terms of
legislation and those initiatives already adopted by the Garda
Commissioner, should not be overlooked. Legislatively, in addition to
the new provisions of the Garda Síochána Act 2005, the Criminal Justice
Act 2006 substantially reforms the law in relation to legally and
illegally held firearms. These include amongst other things measures
relating to suitability to possess firearms, secure accommodation for
firearms, and mandatory sentences for certain firearms offences.
With regard to ‘less lethal’ weapons, following the tragedy in Abbeylara
the Garda Commissioner appointed a Working Group to consider their use.
The report of this Group was considered by Government in November 2002
and authorisation was granted for the introduction of three types of
‘less lethal’ weapons for use by the Garda ERU where appropriate, namely
bean bag shot, pepper spray device and ferret pepper spray shot. The
Emergency Response Unit has since been equipped with these devices and
fully trained in their use.
An Garda Síochána also commenced a review in relation to response to
critical incidents in 2003. Following this review, a Manual of Guidance
for On Scene Commanders, outlining policy and procedures for dealing
with critical incidents, was approved in May 2005. To date twenty-nine
officers of Superintendent and Inspector rank have completed the On
Scene Command training. In addition, as part of its Critical Incident
Response Programme, discussions are continuing between An Garda Síochána
and the Health Service Executive on the provision of specialist medical
assistance at critical incidents in the form of psychological experts.
Moreover, the Garda Commissioner has assured me that An Garda Síochána
are examining Mr Justice Barr’s report carefully and comprehensively
with a view to addressing the issues which arise. |