Minister for Justice rules out investigation into use of force by gardaí during fuel protests

Darragh Mc Donagh

Justice Minister Jim O’Callaghan has ruled out an investigation into the policing of the recent fuel protests, rejecting calls for a probe into the use of pepper spray and physical force against demonstrators by gardaí.

O’Callaghan, who raised the prospect of deploying the Defence Forces during the blockade, said he was “satisfied” with how gardaí had policed the protests in “a very professional and responsible way”.

He was responding to a call by Aontú leader Peadar Tóibín for a formal investigation into the use of physical force and incapacitant spray during protests that were peaceful “in the vast majority of cases”.

It was reported last week that Fiosrú, the Garda ombudsman, had received more than 100 complaints about gardaí in relation to the recent fuel protests and blockades. Nearly a third of these were related to the blockade at the Whitegate refinery in Cork.

A total of 22 of these were deemed inadmissible, while five were admissible, and a further three remain under assessment.

“The right to protest is enshrined in the Constitution and in law, and is a legitimate part of our democracy. It is, however, a right to peaceful protest and it comes with responsibility,” said Mr O'Callaghan in reply to a parliamentary question from Mr Tóibín.

“It is the responsibility of everyone who wishes to engage in protest to do so in a peaceful manner, and to do so in a way that does not infringe on public order or the safety and rights of others.”

He said the Garda approach to policing protests was predicated on keeping people safe, preventing antisocial and criminal behaviour, and the management of traffic.

“Protests create operational challenges for An Garda Síochána. Factors such as the number of persons protesting, the location of the protests and actions at the protest, as well as the health, safety and welfare of all, including gardaí, require significant assessment,” added O’Callaghan.

“An Garda Síochána's response to any incident involves a graduated policing response considering relevant legislation and public safety, with enforcement as a last resort.

“As minister of justice, I was satisfied with how the gardaí policed recent protests and blockades. They did so in a very professional and responsible way. Consequently, I will not hold an investigation into the way they were policed,” he stated.