Gardaí’s ‘use of force’ with pepper spray to be strictly monitored

Gardaí who use pepper spray on members of the public will have to record and account for each incident under strict new controls around the use of force in Irish policing.

Any Garda member caught not disclosing when they used the spray or failing to document their reasons for using such force can be investigated and disciplined under the new system.

The new measures are being introduced by Garda Commissioner Drew Harris in an effort to quantify and control how often gardaí are using force during frontline policing.

Pepper sprays contain a powerful liquid that can be directed at people to temporarily incapacitate, subdue or overpower them.

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The sprays can be used when suspects become violent, engage in serious disturbances or when gardaí are under attack or dealing with people resisting arrest.

Under the new controls, any Garda member who uses a pepper spray must provide a written explanation to the designated inspector in their division and surrender the used canister. The inspector is the only member in that division who can reissue canisters.

The Garda Síochána Ombudsman Commission (Gsoc) will be informed of every incident. Each canister will be retained by the Garda in the event a complaint to Gsoc arises from the incident in which the pepper spray was used and the amount used becomes an issue.

The designated inspector in each division must also record each incident in an “incapacitant spray log book”, all of which will be surrendered monthly to the Garda’s internal affairs section.

All entries in the log book will be crosschecked against records created on the Garda’s computerised incident and crime database, PULSE. This will determine if all “use of force” incidents involving pepper sprays are recorded and fully explained.

Transparency

If the reason, or manner, the Garda member used force is not in compliance with Garda policy an investigation may result.

Log books will be submitted monthly. Informed sources said if the log books were submitted for checking less frequently a large build-up of cases would occur and it would be harder to ensure each one was checked closely.

While protocols are already in place stipulating Gsoc must be informed every time pepper spray is used, that system is not regarded as rigorous. Between January 2016 and August 2018, Gsoc received 1,794 reports of Garda use of the incapacitating spray, with almost 90 per cent of the reports made later than the 48-hour period set out in the protocols.

Informed sources said use of the spray was very likely higher than the number of cases reported to Gsoc. The same sources believed the true rate of use, and a breakdown per Garda division and station, should become clearer under the changes now being put in place.

In reply to queries from The Irish Times, Garda Headquarters said it also intended to publish use of force data “for openness and transparency and public confidence” reasons.

“It will also be used to inform operational personnel on trends and enhance governance of this area.”

The controls are being introduced to ensure day-to-day policing in the Republic complies with the European Convention of Human Rights. Garda members will be informed to “use force only when strictly necessary and only to the extent required to obtain a legitimate objective”.