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Vol. 615 No. 4   Public Order Offences: Statements.    Tuesday, 28 February 2006

Mr. Mulcahy: Information Zoom  Saturday’s events were most serious and it would be regrettable if they were to happen again. However, they require further examination. I am not sure whether Fine Gael’s proposal is a good one. I do not approve of its proposed list of members of such a group, although I would not oppose referral of this matter to the Oireachtas Joint Committee on Justice, Equality, Defence and Women’s Rights which should inquire into whether proper operational plans were in place, whether the riot police should have intervened sooner and the other questions that remain unanswered. This is not first time this has happened. There was a riot in the 1990s during a football match between the Republic of Ireland and England at Lansdowne Road. Riots will always happen. We will never have seen the last one.

It is a question of policy on the extent to which the Garda should intervene. Despite the best efforts of brave gardaí, they soft pedalled a little too much on Saturday. For the forces of law and order in the State to cede control, even for a short period, on O’Connell Street is unacceptable to most Members. It is a matter of the utmost seriousness.

I thank the Minister for his comprehensive and informative contribution, including the annex he circulated on the security procedures. I also thank him for taking political responsibility but a serious question must be asked regarding what will be our policy on such events in future.

Mr. Costello: Information Zoom  Having listened to Deputy Mulcahy’s contribution, I can understand why there are so few bodies behind the Minister on the Fianna Fáil benches. Clearly, this would have not happened on the watch of a Fianna Fáil Minister for Justice, Equality and Law Reform.

Mr. O’Connor: Information Zoom  Do not mind that.

Mr. Costello: Information Zoom  On reading the preliminary Garda report, it is clear the Garda did not have a clue about what was going to happen and it was totally in the dark. The only person who had prior knowledge was the Taoiseach on Friday night but, according to the report, he did not transmit the information to the Garda. More gardaí will be bussed to Shannon Airport to protect President George Bush when his aeroplane lands, even though he will not set foot on Irish soil, than were on duty on O’Connell Street last Saturday.

We must ask ourselves a number of questions. Whose reckless actions endangered the lives of the citizens of Dublin and gardaí; caused millions of euro worth of damage to property in central Dublin; damaged the reputation of the capital city in the eyes of the world; and damaged the peace process?

The television shots of Dublin burning, rampaging youths with scarves hiding their faces, and stones, bricks, poles and even wheelbarrows flying through the air in the direction of gardaí tell a tale of organised confrontation, violence and mayhem. Thugs of a Nationalist hue, sundry hangers-on and local opportunists brought terror and destruction to the heart of Dublin on Saturday. Dubliners witnessed something they had scarcely witnessed even at the height of the conflict in Northern Ireland. As the bulletins were broadcast throughout the afternoon and ambulance and police sirens screamed ferrying the injured to hospital and those arrested to custody, a nation was shocked and stunned that this sustained violence could erupt without warning and, like a tsunami, engulf the city for more than three hours. If it were not for the courage of the thin blue line of gardaí who stood their ground, though completely taken by surprise and shell shocked by the ferocity and viciousness of the attackers, more damage to life and limb would have ensued. I was present for a good part of the afternoon and witnessed how ill-equipped and ill-prepared they were for what happened.

The dust has settled and the endless road works continue into yet another year on O’Connell Street but now that the Garda report has been submitted on the proximate causes of the riotous behaviour and the Garda state of preparedness, it is time to identify the mistakes made and learn lessons for the future. A decision was made to route the first Northern Unionist march to be held in Dublin from Parnell Square to Leinster House via O’Connell Street. The marchers assembled at the Garden of Remembrance, a potent symbol of republicanism, even more so in this the 90th anniversary of 1916. The offices of Sinn Féin are located on the other side of the square, while the offices of Republican Sinn Féin are a couple of hundred yards down Parnell Street. Passing the statue of Parnell at the junction of Parnell Square and O’Connell Street, the Love Ulster marchers would have been able to read the bold legend, “No man has a right to fix the boundary to the march of a nation”, on the Parnell monument. They would then have been on the main thoroughfare of the city, on which is located the iconic republican symbol of 1916 — the GPO.

Careful organisers would have seen the potential for conflict and confrontation in the route chosen but nobody apparently did. Careful organisers would have seen the potential for missiles in the stones, bricks and poles of the construction site that littered virtually the entirety of O’Connell Street. Blaming Dublin City Council for not securing these works is wide of the mark because they could not be secured. Careful organisers would have gratefully accepted the marchers’ stated willingness to take whatever safe marching route to Leinster House was presented to them by their hosts. Alas, there were no careful organisers of the march.

Careful managers of the march would have seen the potential for confrontation; obtained extensive intelligence of subversive plans for disruption; ensured their police forces were sufficient for every threat to life, limb and property; ensured their forces were furnished with the necessary equipment to control rioting thugs and to protect themselves against injury; ensured traders were warned of the threat of impending danger to their customers and property; and taken all steps to ensure their marching guests were not exposed to danger.

  7 o’clock

Was the political planning poor? Was the route wrong? Was the intelligence non-existent? Was the Garda unprepared? It is difficult to avoid an affirmative answer to all these key questions. The Garda report results from an internal Garda examination. It can only ask the questions and seek the answers arising from Garda management’s perception of its role, actions and effectiveness. It cannot cover all the ground or ask all the questions. It certainly cannot give all the answers.

In Northern Ireland, arising from the crises at Drumcree and the Garvaghy Road, the Parades Commission was established to make recommendations and to take measures to avoid occasions of confrontation, provocation and conflict. None of the wisdom accumulated by the Parades Commission has found its way to the corridors of power in Leinster House or Garda headquarters in the Phoenix Park.

The ball is firmly in the Minister’s court; the buck stops with him. He has a duty to ensure the appropriate inquisitorial structures are put in place. It seems that an independent inquiry, a call echoed by the Garda Representative Association, into all the circumstances surrounding the ill-fated march in my constituency in Dublin is the only way to get to the heart of the matter and to ensure the hard lessons will be learned.

 Allocation of Time: Motion.

Minister of State at the Department of the Taoiseach (Mr. Kitt): Information Zoom  I move:

That, notwithstanding anything in Standing Orders, or the Order of the Dáil of this day, No. 11a, motion re Public Disorder in Dublin City Centre on 25 February 2006, shall be taken on the conclusion of No. 20 and shall be decided without debate and Private Members’ Business shall be taken for 90 minutes on the conclusion of No. 11a.

Question put and agreed to.

 Public Order Offences: Statements (Resumed).

Mr. Sargent: Information Zoom  Ba mhaith liom mo chuid ama a roinnt leis na TeachtaíÓ Snodaigh, Harkin agus Cowley.

It was with profound sadness that I heard on Saturday about the appalling hatred shown and the vitriolic attacks on marchers from Northern Ireland who came to demonstrate in peace in Dublin. It is ironic that the demonstration took place less than one month before a festive march where Irish people will celebrate their identity will take place in London as part of the St. Patrick’s Day celebrations. That will be, as in the past, a joyous and tolerant occasion. One does not expect in a civilised city to witness the level of violence and intolerance against marchers that we saw on Saturday. Certainly, we do not expect to witness the appalling and shameful levels of violence shown against the Garda Síochána.

It is clear there was a level of ill-preparedness for this violence. The lack of participation in this debate by Government Deputies is also worrying. I am concerned that this demonstrates a level of disinterest or a lack of confidence in the Minister. The Minister needs to reflect seriously on the issue to learn lessons for the future from this debacle.

The march was not provocative to most of our people and was welcomed by the Dublin City Business Association. The Garda, because it did not have intelligence on the issue, was lured into a false sense of security. I acknowledge it bent over backwards to protect the marchers when things turned ugly. There were some appalling injuries, but the situation could have been much worse. I offer my sympathy and that of the Green Party to members of the force who were injured or endangered and my admiration for their bravery in the course of duty in holding the line.

As a Protestant in the South, I say to Northern Protestants who hear how these visitors to Dublin were greeted that sectarianism is not a feature of this State. It is important we send that message. However, there is a difference between an absence of sectarianism and a proactive inclusiveness and this State has more to do in this regard. We have a ceasefire and a peace process, but we have not moved on sufficiently nor quickly enough. Saturday was a clear demonstration of how far we still have to go.

Educate Together schools, ecumenical acts of worship at particular historic junctures and gestures such that in my parish where the use of the Church of Ireland church is given to the Roman Catholic community while repairs are taking place on its church or that in Inisbiggle in Mayo, where there is a similar situation are important gestures that build confidence and cross-community understanding. The Government has not moved sufficiently far towards developing a civic forum following on the Good Friday Agreement. This is something we need and Saturday’s events demonstrate how urgent the need is.

I urge the Minister to take account of the fact that gardaí feel under-resourced. As a result, there is low morale among many of the gardaí I know and this is reflected in the smaller numbers of gardaí in my area than in 1998. I hope the Minister takes this on board and does not sweep it under the carpet.

Aengus Ó Snodaigh: Information Zoom  Those who acted disgracefully on the streets of our capital city on Saturday were not republicans. They were, in the main, a crowd of thugs, many of them fuelled with drink. Those among them who claimed to be political simply dismissed the national flag and ran riot with criminal elements. Sinn Féin clearly and repeatedly called on people to ignore Saturday’s march. Our members and supporters did so.

I do not know to what march in O’Connell Street Deputy Crawford referred, but it was not a Sinn Féin Easter commemoration. Article 40 of the 1937 Constitution enshrines the right of citizens to assemble and to freely express their opinion as fundamental personal rights. There is now a real danger that the events of last Saturday may be used to curtail this right to protest.

The right to march down O’Connell Street is of special significance to Irish political activists. Last Saturday must be seen in perspective. The protest in support of Irish Ferries workers last December and Sinn Féin’s rally for Irish unity demonstration in November saw up to 100,000 and 20,000 people, respectively, march peacefully down O’Connell Street. Those who rioted and those who would exploit the events of riots to serve their own interest must not be allowed to undermine the fundamental right of democrats. It is, therefore, correct that the motion to be put before the House reaffirms the right to peaceful protests and demonstrations.

There are questions to be answered by the Minister and Garda management. Was there a request from the officer in charge for additional gardaí to be made available to the area for Saturday’s march and was this request turned down? Make no mistake about it, full responsibility lies with those who engaged in violent actions in our capital city.

On behalf of Sinn Féin and all Dubliners, I express my appreciation to Dublin City Council workers who impressively cleaned up the affected streets in a matter of hours. I record Sinn Féin’s support for the agreed motion before us.

Ms Harkin: Information Zoom  I welcome the opportunity to make a short contribution on the issue of the riots in Dublin last Saturday. Like most people, I watched the television images with a mixture of utter disbelief and increasing anger. I was angry when I saw rioters and thugs hurl missiles at gardaí and bystanders, while some of those same thugs were wrapped in our national flag. I thought: how dare they abuse our national flag? How dare they flaunt the tricolour while, at the same time, attacking the institutions and citizens of the State?

Those who wrapped themselves in the flag last Saturday do not represent the vast majority of Irish people. Some Irish people supported the march, some did not, while others were indifferent but they were prepared to live and let live. It was almost unreal to see the television images of burning cars, looters and rioters throwing slabs of concrete at gardaí. While I fully applaud the many gardaí who put themselves in the line of fire without proper safety equipment and thought for themselves, who safely shepherded the marchers and many onlookers out of danger, the question must be answered as to whether the people of Dublin and Ireland can be reasonably sure this will not happen again.

The Minister has said he is not personally responsible for decisions taken on a day-to-day basis by the policing authority. I accept this. Nonetheless, he is politically responsible and must bear responsibility for the fact that last Saturday Dublin burned.

Perhaps there is one small positive to be taken from all of this. The massive level of condemnation heard is already robbing the thugs of their power. Most significantly, many in the Republic have contacted ordinary people in the North to express their anger and outrage. In the final analysis, what ordinary people say to one another is just as important as, if not more important, than what politicians say.

Dr. Cowley: Information Zoom  Any right-minded person would have no hesitation in condemning outright the thuggery that took place in Dublin on Saturday. As someone who has organised a number of marches in recent times, I have nothing but respect and admiration for gardaí and how they conducted themselves. The viciousness and mindless violence directed against reporters, including Mr. Charlie Bird, and gardaí shocked everybody. I am sure that in time the identity of those involved in organising this shameful episode will become clear. I wish the Garda Síochána every success in its investigation.

I was sorry to see so many gardaí injured. I am sure some may be entitled to compensation because of the severity of the injuries they received on this black Saturday. How would the Minister’s proposed Garda reserve force have coped in this situation? How would people who have just spent a wet week training be able to cope with such violence and thuggery? I do not think they would have coped very well and I am sure the psychological scars that would have been left on those reserves, not to mention physical scars, would have been monstrous compared to the greater resilience of the highly trained and experienced gardaí who coped very well while under savage attack. The reserves would have been forced to retreat.

It is always difficult to predict when an event such as last Saturday’s will turn nasty. We must remember the thousands of peaceful marches that have taken place and been managed effectively and well by the Garda Síochána. We cannot allow one black Saturday to force the Garda Síochána to arm itself to such a degree that it becomes intimidating to peaceful protestors. Nor can we allow the State to interfere with the right of people to protest peacefully because of the behaviour of a couple of thugs. Whatever they were trying to do and whoever they were, they brought nothing but disgrace to themselves and their cause.

The Love Ulster campaign had every right to protest peacefully and no one who is reasonable would dispute that right. What happened last Saturday was in total contrast to how peaceful protests should be conducted such as those by the Rossport Five and the Shell to Sea Campaign. The Minister for Communications, Marine and Natural Resources, Deputy Noel Dempsey, made comments in the Dáil recently about intimidation and bullying but the only bullying taking place is by Shell and the Government in trying to force through a unique and dangerous pipeline carrying raw gas at unacceptably high pressure.

An Ceann Comhairle: Information Zoom  For the benefit of the House, we are 15 minutes over the allotted time for this debate and are supposed to conclude at 7.40 p.m. The Minister proposes we have half an hour for questions and ten minutes——

Mr. McDowell: Information Zoom  If there is half an hour for questions, I am happy with that.

Mr. J. O’Keeffe: Information Zoom  Does the Minister agree the arrangements put in place last Saturday were inadequate for such a highly political event, given that it has now emerged that we had a helicopter that did not fly between the relevant times of 11 a.m. and 4 p.m., a water cannon that was across the Border and unavailable and an inadequate number of gardaí who were put in the front line without adequate personal protection or backup? In such a situation the inevitable consequence was that gardaí were exposed to injury or worse. A number were injured, as were some citizens and members of the media. There was also a lot of damage done to businesses. In that situation would the Minister agree that, from the point of view of the Garda report, it is hardly fair to the Garda Síochána to expect it to produce an independent analysis, particularly bearing in mind the need to plan for the future? Does he agree there is merit in the proposal made by Fine Gael, that we have a small independent group — not necessarily the names I mentioned, whom I merely put forward as examples — to analyse the situation, quickly produce a report and allow us to learn lessons from what happened last Saturday and try to ensure we never see its like again?

Mr. McDowell: Information Zoom  I have total confidence in the leadership of the Garda Síochána. They made decisions on the basis of their professional experience. They have reported to me and I have reported to the House that they did not anticipate that a group of 200 or 300 people would come to disrupt the event in the way they did. Garda management made a decision about the nature of policing. It decided that it should be a soft cap event and that it would keep the public order unit, colloquially known as the riot squad, in reserve. These were decisions made in good faith and on the basis of many years’ experience.

People are saying that somehow the buck stops with me. I am politically accountable for the policing function in this State but in saying that, if we had accepted the alternative view, proposed by some in Opposition, that we should have a police authority, I would be sitting here with my arms folded saying, “I have no response to make to any of you. Go and ask the chairman of the police authority what happened.” However, since I am Minister, responsible in a democratic assembly, I attest that we entrust to the Garda Síochána professional judgement, expertise and give it discretion as to how it conducts such an event. I stand by it and do not dump on it in public just because something unexpected happens.

I ask the House to accept that there is no suggestion whatsoever that the Garda Síochána did not put time into preparing for this event, was careless, sent out young men and women as canon fodder for people whom it expected to turn up or in any way acted carelessly. The record which I put before the House shows that the Garda Síochána spent weeks preparing for the event and took a view on the matter. I do not dump on it.

It should be said on the floor of the House that when the Commissioner and deputy commissioner went to visit Garda stations afterwards to thank the gardaí who had been involved in these events, they were cheered to the echo and received a standing ovation for their on the ground, hands-on approach to what had happened on that day. There are people here who are saying gardaí on the street were let down by management but that most certainly was not the view on Saturday evening.

Deputy Cowley came up with what I consider to be a very inane point, namely, how reservists would have coped. Perhaps he would put his thinking cap on for once in his life and ask whether it would be sensible to bring gardaí from Blackrock, Kill o’ the Grange and Cabinteely into Dublin to reinforce their colleagues in the city centre and for a reservist in the local area, a skilled and trained person, to stand in for them for the afternoon behind the station counter. Perhaps he would think about this before he speaks in future. While he is on the subject, perhaps he would consider how it is that in Britain its police forces have to deal with riots and nobody at that stage says it should not have a reserve. One can make good points and bad points in the House but that is one of the worst points I have heard.

Dr. Cowley: Information Zoom  The Minister——

An Ceann Comhairle: Information Zoom  Please allow the Minister to continue.

Mr. McDowell: Information Zoom  Deputy Kehoe said this was a matter of resources. It most certainly was not a matter of resources. There was no question of any downward pressure on the officers who made the decision in this case not to deploy resources. In the course of consultations I asked about helicopters and water cannons. I am satisfied they were all considered carefully by the gardaí who made the decisions. As Minister for Justice, Equality and Law Reform, I do not micromanage the way in which the Garda carries out its affairs. I had no hand, act or part in its preparation for this event. I am not saying that to wash my hands of it. I am saying it would be improper if I, from the vastness of St. Stephen’s Green, was to say this should be a hard hat helmet event not a soft cap event or vice versa. If I had got it wrong and had intervened in those circumstances the Deputies opposite would ask what I was doing by intervening in this way and they would ask me to take personal responsibility for the error of my ways.

It is not my function and I have never once offered advice to the Garda Commissioner or the regional commissioners as to how they should discharge their functions. I do not do that. It is foolish, in this House, to claim that the Minister sits there working out the response or what preparations should be made for President Bush’s visit to Ireland, the May Day events, the St. Patrick’s Day events or the Easter parade. I do not do those kind of things. We have a Garda Síochána which has a Commissioner, deputy commissioners and assistant commissioners. Members have a clear record of who did what and why they did it, what they knew and what they did not know. It is time we resisted the temptation to dump on them and that we remember who were the people who caused the mayhem. It was not the Garda or its management but the perpetrators.

Mr. Costello: Information Zoom  Nobody on this side of the House is dumping on the Garda. We have acknowledged just how heroic the Garda was on the streets of Dublin. There is no doubt that what happened in Dublin was an appalling disaster. In the Garda report——

An Ceann Comhairle: Information Zoom  Will the Deputy please confine himself to questions. There are many members offering and members had an opportunity to make a statement earlier.

Mr. Costello: Information Zoom  ——it appears the Garda had no knowledge in regard to the matter. It seems strange, as the Minister said, that the top brass was praised to the rafters and the representative body for the rank and file was straight into the breach to condemn what had taken place. Presumably there is some contact between the rank and file and their leaders. Will the Minister clarify how the initial request for the march took place? Was it that William Frazer, as the background document report states, contacted Pearse Street Garda station on 8 December 2005? That is the contact with the Garda, but what political contact was made? To whom was contact made and why did he go to Pearse Street Garda station rather than any other Garda station to contact the Garda? Why was the particular route chosen considering its potential for serious conflict and the absolute impossibility of maintaining a secure route there? Why was the particular date and time chosen, a busy Saturday afternoon on a match day? Having been present for a period I was there when the helicopter flew over at approximately 4.15 p.m. after more than three hours of rampaging through the streets. Can the Minister say where the helicopter was and where it experienced the difficulties? Did it experience difficulties in taking off to come to Dublin? I had thought the helicopter was located in the vicinity of Dublin.

I will not dwell on the equipment except to say I saw a large number of young female gardaí totally unprotected with any form of headgear on the street for up to three hours. Questions have to be asked about that type of policing. It certainly appeared to be ill-prepared and ill-equipped. Will the Minister agree there is a need for a broader investigation than an internal Garda investigation? The Minister set up the Ombudsman Commission for the purpose of looking into matters where there were serious questions arising in regard to Garda activities. Given that there was so much danger to life and limb of the marchers and of the citizenry and much property damaged, which has done irreparable damage to our reputation abroad, it is time to put in place an independent investigation that will look at the broader circumstances of what happened, how it happened and why we ended up with a debacle in O’Connell Street.

Mr. McDowell: Information Zoom  The Deputy asked what political contact there had been and how the Love Ulster rally came into being. There was no contact, of which I am aware, with my Department or politically at any level prior to the arrangements made with the Garda Síochána. The first time I became aware of a proposed march of this kind was when the The Sunday Tribune ran a rather fanciful front page story in which it was stated I was the hero of the organisers and that they hoped I would attend a forthcoming rally. At that stage, according to the article, they were planning to have it in early February. I do not know what arrangements they had but they never came next or near me.

I was on “Questions and Answers” to meetJeffrey Donaldson. I received a letter from him asking me if I could see him after the march on that occasion. Prior to that I had no involvement or hand, act or part in the decision of the people——

Mr. Costello: Information Zoom  No political——

Mr. McDowell: Information Zoom  None that I know of at any level. I have never heard of any Governmental involvement. I think the organisers took it up directly with the Garda. I do not know why they went to Pearse Street Garda station. I had no hand, act or part nor had my Department or any of my colleagues, as far as I know. Saturday, 4 February, was the original date they had in mind. So far as I know, there was no political contact by them with the authorities in Dublin in any shape or form. On the issue of the route——

Mr. Costello: Information Zoom  In a march of that nature——

An Ceann Comhairle: Information Zoom  I ask Deputy Costello to allow the Minister to continue without interruption.

Mr. McDowell: Information Zoom  A couple of years ago I heard of a proposal, when Mary Freehill was the Lord Mayor, for a march in Dawson Street and again there was no contact with me.

Mr. Costello: Information Zoom  That——

An Ceann Comhairle: Information Zoom  In fairness to the Deputy’s colleagues in the House, he had an opportunity to make his contribution and he had five minutes to ask a question.

Mr. McDowell: Information Zoom  As to the route chosen, as the Deputy will see from the report from the Garda Síochána, the original application of the FAIR group was to assemble in O’Connell Street and march to the Dáil. They were told by the Garda Síochána that it was customary when having a political demonstration in Dublin to use Parnell Square as the assembly point and to move from there to the Dáil. That is the only significant input the Garda had in regard to the projected route of the march.


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Last Updated 15/06/2006 05:22:43