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Legislation needed to enable gardaí to break lights, says Kelly

Garda Commissioner Justin Kelly
Garda Commissioner Justin Kelly said it was not in anybody's interest that members of the gardaí would go to work feeling they are not protected

The Garda Commissioner has said new legislation is needed to enable gardaí to break red lights and other traffic laws in pursuit of scramblers and criminals.

Commissioner Justin Kelly said it is not right that gardaí who necessarily break road traffic legislation in "blue light" situations are treated the same as bad drivers.

He said the case of the garda recently convicted of dangerous driving for pursuing two masked men on scramblers had crystallised the issue for him.

The garda was convicted of dangerous driving in the Dublin District Court last week, banned from driving for two years and fined €500 following an investigation by Fiosrú, the Garda Ombudsman.

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The Commissioner said the Assistant Commissioner in charge of Roads Policing Catherina Gunne is drawing up a proposal to change the law to protect gardaí involved in pursuits.

He said he had also spoken to the Minister and the Department of Justice on the issue and found them to be supportive, and that the proposed new legislation could apply to the fire brigade, ambulance and other emergency services.

criminal courts of justice
A garda was convicted of dangerous driving in the Dublin District Court last week

The Commissioner said it was not in anybody's interest that members of the gardaí would go to work feeling they are not protected, that they cannot do their job properly and are worried about potential prosecution.

He also said they were committed to new pursuit training.

The Commissioner also said the gardaí had established a new Drone Unit in An Garda Síochána with people experienced in the use of drones.

He said the drones can be used in pursuits, public order and many other areas of policing and he expects gardaí to be using drones in everyday policing by the end of this year or the start of 2027.

He also said the gardaí had done a lot of work on countering drone activity in the run up to the EU Presidency.

He said he was hugely sympathetic to members in these situations.

Pursuits he said are really difficult and he wanted to make sure that gardaí felt confident, that they know what they can do and he as Commissioner would support them.

He said he has been a member of An Garda Síochána for 34 years and has been in pursuit situations and he understands the pressure they are under.

He says while the disciplinary process has to take its course, he has not suspended any garda for an incident in the course of their work.

A close up picture of scrambler bike tyres
'Grace's Law' makes it illegal to use a scrambler in any public place

Gardaí being left 'hung out to dry' - GRA

Earlier, the Garda Representative Association in Dublin West said the current situation had left gardaí "hung out to dry."

Mark Ferris said that while 'Grace's Law' makes it illegal to use a scrambler in any public place, ordinary gardaí were still carrying a huge legal and personal risk when called up to respond.

He pointed out that every garda drives on their own personal driving licence which means any ban imposed for on‑duty driving also affects their private life.

"They can’t get to work, can’t bring their kids to school, can’t care for elderly relatives and may face serious financial hardship," he said.

AGSI shocked at garda conviction for scrambler pursuit

The Association of Garda Sergeants and Inspectors (AGSI) also said its members are shocked at the conviction of a garda for dangerous driving after he pursued two masked men on scrambler and electric bikes.

The Deputy General Secretary of the AGSI said today people were shocked by the court outcome which was going to create a problem for gardaí, sergeants and inspectors.

Kevin Bolger said the protections were not there for gardaí doing their job trying to protect people from the scourge of scramblers.

He said the case would have a chilling effect because garda patrol car drivers would now be thinking, "I don't really think I want to do this".

He also said that it would embolden those driving scramblers and e-bikes "to go for it" because they know the chances of a garda pursuing them is lessened.

a close up of a garda uniform
The AGSI said the court outcome would create a problem for gardaí, sergeants and inspectors

He also said they needed to hear a strong message of reassurance from Garda Commissioner Justin Kelly when he attends the AGSI conference later today that gardaí can go out and do their job.

Mr Bolger said they also needed more resources such as drone technology and CCTV systems which would enable them to track the drivers and find and seize the scooters.

He also said the Commissioner needs to tell gardaí that protections are going to be given to members to make that decision to pursue.

"We need clear guidance from the top of this organisation very quickly," he said.

Fianna Fáil TD Tom Brabazon meanwhile called for gardaí to be given "power and protection to pursue and apprehend those engaging in reckless behaviour".

He said: "Speaking to gardaí on the ground, there is complete frustration that they cannot carry out basic tasks of apprehending criminals without the risk that they will be prosecuted by Fiosrú.

"It is obvious that senior gardaí are reluctant to instruct their officers to pursue these for the very reason that they could be suspended and prosecuted and as such will lose much needed personnel".

Sergeants and inspectors are also calling for the establishment of local fraud and money laundering units in garda divisions around the country.

Inspector Brian Downey said they had established one in Balbriggan and the fraud convictions increased from three to over 200.

He said they also identified over €5 million which was stolen from people in online scams by local and international criminals, some of which was also laundered through local drug dealers.

96 Gardai currently suspended

The Commissioner said that 96 people are currently suspended which he described as "a tiny percent" of the 14,000 members.

Almost a third, 27% are suspended for domestic violence, sexual crime and coercive control, eight are for corruption and organised crime and 20 are for drunken driving.

Suspensions he said were necessary for public confidence but were reviewed every 12 weeks and can be appealed by the member.

He said the gardaí only have control over one aspect of the length of time for the suspension, the investigation and in many cases, the gardaí have no power over them as they are investigated by Fiosrú.

In relation to the High Court order for the arrest of Martina and Ammi Burke, the commissioner said he was "absolutely confident" that those arrest warrants would be executed and the Burkes would be detained.

He said "it was not a thing we would ever put a time frame on" because there were warrants for people for a variety of things but he was confident these warrants "would be executed".

AGSI calling for safeguards to deal with social media abuse faced by gardaí

Meanwhile, AGSI is also calling on Comm Kelly to put safeguards and protections in place to deal with social media abuse their members face.

The association also says it wants social media companies to immediately remove such material from their sites.

The AGSI conference also heard calls from delegates for recruit gardaí to be fully vetted before they are assigned to garda stations.

In relation to social media abuse, the association said gardaí have phones put in their faces when they are on duty and they and their families are being targeted with the names, addresses and images published online.

The AGSI said it is aware of ten such cases in the past six months with one garda's teenage children having been accosted in the chipper where they work.

Middle-ranking gardaí say the abuse is not only causing stress, it is also discouraging recruitment.

They are calling on Comm Kelly to introduce a policy and put structures in place for dealing with the problem.

They also want the social media companies to implement a policy of immediately taking this offensive material down.

The sergeants and inspectors also say that while civilianisation is increasing it has not put more gardaí on the street.

They say some sergeants are spending over six of their 12-hour shift on screens, behind desks in stations and are calling for a review of all garda administrative work to determine what more can be done by civilian staff.

Concerns have also been raised at the conference about unvetted recruit gardaí having access to data on PULSE or confidential information in stations or on garda operations.

They cite one case where gardaí searching for a man wanted on warrant did not know the recruit with them was his brother.

They are calling for all trainee gardaí to be fully vetted before they are assigned to garda stations.