Garda Síochána

Garda Síochána na hÉireannLiteral translation: "Guardians of the Peace of Ireland", commonly known as An Garda Síochána (pronounced or ) or simply Garda, the Gardaí ( or ) or the Guards, is the national police force of the Republic of Ireland. The force was originally called the "Civic Guard". The force is headed by the Garda Commissioner who is appointed by the Irish Government, and the forces headquarters are located in the Phoenix Park in Dublin.

Terminology

The full English translation of the force's name is Guardians of the Peace of Ireland. However, neither this term nor the word police is used when referring to the force as a whole; instead the term Garda is used. The plural Irish word gardaí is used when referring to members of the force collectively, with guards often used as a colloquiallism. A female officer was once officially referred to as a bangharda, but this term is no longer used now, and an officer, male or female, is usually simply called a garda or "guard".

Organisation

The force is headed by the Commissioner. His immediate subordinates are the two Deputy Commissioners, who are in charge respectively of Strategic and Resource Management and Operations. Strategic and Resource Management primarily deals with national organisational and technical matters and does not deal with crime directly, the majority of operational and staffing matters coming under Operations. There are ten Assistant Commissioners: six are geographically based, and the others are assigned to various national support roles. A civilian Director of Finance is placed at a similar organisational level to the Assistant Commissioners.

The six geographical Assistant Commissioners command the six force Regions, currently Dublin Metropolitan, Eastern, Northern, Southern, South-Eastern and Western Regions. Below the Assistant Commissioners are approximately twenty-five Chief Superintendents, who supervise Divisions. Each Division contains a number of Districts, each of which is commanded by a Superintendent, who is assisted by a number of Inspectors. Each District has a number of Subdistricts, which are usually commanded by Sergeants.

Typically each Subdistrict contains only one station. A varying number of Gardaí will be based at each station depending on its importance. Most of these hold the basic rank of Garda, which was referred to as the rank of Guard until 1972 (the equivalent of Constable in British police forces). The most junior members of the force are Students, whose duties vary depending on their training progress and who are often given clerical duties if assigned to a station when not in college.

The force also has approximately 1,000 civilian support staff, including a Chief Medical Officer. These civilian posts include a diverse range of professionals, such as administrative staff, accounting staff, drivers, information technology staff, photographers, researchers and teachers.

An unarmed force

Uniformed members of An Garda Síochána do not carry firearms. It is a tradition of the service that standard policing should be carried out in both rural and urban areas by uniformed officers equipped only with a wooden truncheon. The force when originally created was armed, but in a u-turn the Provisional Government decided to reverse the decision and reconstitute the force as an unarmed police force, in contrast to the refusal of the British Dublin Castle administration which had refused appeals from the Royal Irish Constabulary that that force be disarmed.In the words of first Commissioner, Michael Staines, TD, "The Garda Síochána will succeed not by force of arms or numbers, but on their moral authority as servants of the people". According to Garvin such a decision gave the new force a cultural ace: "the taboo on killing unarmed men and women who could not reasonably be seen as spies and informers."

According to a recent government report, 3,000 (out of 12,000) members of the force are armed — this includes the Emergency Response Unit and Special Branch as well as the majority of detectives.

Vehicles

Garda Síochána patrol cars are mainly white, with two small blue strips and one large luminous green strip running down the centre. The Garda badge ^* is also on the patrol cars. Garda patrol cars are identical to civilian vehicles and feature no engine or performance improvements; however, higher performance cars are normally bought, such as the Ford Mondeo 2.5 V6.

The Scott Medal

The Scott Medal for Bravery is the highest honour for bravery and valour which can be awarded to a member of the Garda Síochána. The first medals were funded by Colonel Walter Scott, an honorary Commissioner of the New York Police Department. To mark the United States link, the American English spelling of valor is used on the medal. The Commissioner of An Garda Síochána chooses the recipients of the medal, which is presented by the Minister for Justice.

In 2000, Anne McCabe - widow of Garda Jerry McCabe, who was murdered by the Provisional IRA while it was officially on ceasefire - accepted the Scott Medal for Bravery that had been awarded posthumously to her husband.

History

The Civic Guard was formed by the Provisional Government in February 1922 to take over the responsibility of policing the fledgling Irish Free State. It replaced the Royal Irish Constabulary (RIC) and the Irish Republican Police. In August 1922 the force accompanied Michael Collins when he met the Lord Lieutenant in Dublin Castle.According to Irish constitutional theory he met the Lord Lieutenant to accept the surrender of Dublin Castle. However, as far as the British government were concerned, the purpose of the meeting was for the Lord Lieutenant to formally appoint Collins as Chairman of the Provisional Government.

The Garda Síochána Act (also known as the Temporary Provisions Act) enacted after the creation of the Irish Free State on the 8 August 1923, provided for the creation of "a force of police to be called and known as 'The Garda Síochána'". Under section 22, The Civic Guard were deemed to have been established under and to be governed by the Act. The law therefore effectively renamed the existing force.

In Dublin, policing remained the responsibility of the capital's own local police force, the Dublin Metropolitan Police (DMP) until 1925. In that year the DMP merged with the Garda Síochána, and since then the Garda has been the only police force in the state now known as the Republic of Ireland.

Garda Commissioners

**Garda Commissioners**
Name	From	Until	Reason
Michael Staines	Feb 1922	Sept 1922	resigned
Eoin O’Duffy	Sept 1922	Feb 1933	dismissed
Eamon Broy	Feb 1933	June 1938	retired
Michael Kinnane	June 1938	July 1952	died
Daniel Costigan	Jul 1952	Feb 1965	resigned
William P Quinn	Feb 1965	Mar 1967	retired
Patrick Carroll	Mar 1967	Sept 1968	retired
Michael Whymes	Sept 1968	Jan 1973	retired
Patick Malone	Jan 1973	Sept 1975	retired
Edmund Garvey	Sept 1975	Jan 1978	replaced unfair dismissal
Patrick McLoughlin	Jan 1978	Jan 1983	retired wiretap scandal
Lawrence Wren	Feb 1983	Nov 1987	retired
Eamonn Doherty	Nov 1987	Dec 1988	retired
Eugene Crowley	Dec 1988	Jan 1991	retired
Patrick Culligan	Jan 1991	Jul 1996	retired
Patrick Byrne	Jul 1996	Jul 2003	retired
Noel Conroy	Jul 2003	Present	current

The first Commissioner, Michael Staines, who was a Pro-Treaty member of Dáil Éireann, held office for only eight months. It was his successors, Eoin O'Duffy and Éamon Broy, who played a central role in the development of the force. Broy had greatly assisted the IRA during the Anglo-Irish War, while serving with the DMP. O'Duffy later became a short-lived political leader of the quasi-fascist Blueshirts before heading to Spain to fight alongside Francisco Franco's Nationalists in the Spanish Civil War. Broy's fame grew in the 1990s when he featured in the film Michael Collins, in which it was misleadingly suggested that he had been murdered by the British during the War of Independence, when in reality he lived for decades and headed the Garda Síochána from 1933 to 1938.

One later Commissioner, Edmund Garvey was sacked by the Fianna Fáil government of Jack Lynch in 1978 without reason, other than a claim that the government had lost confidence in him. He won 'unfair dismissal' legal proceedings against the government. The case made its way to the Supreme Court which found the action of the government improper. This outcome required the passing of the Garda Síochána Act, 1979 to retrospectively validate the actions of Garvey's successor since he had become Commissioner. His successor in turn, Patrick McLoughlin, was forced to resign along with his deputy in 1983 over his peripheral involvement in a political scandal.The current commissioner is Noel Conroy.

Allegations against An Garda Síochána

Traditionally the perception of the force within Ireland has been positive, especially when compared to the Royal Ulster Constabulary; however several scandals have undermined it.

General

Like most police forces there have been many allegations of:

Discourtesy
Harassment
Aggressive interrogation techniques
Perjury
Confiscating a person's property but using it for their own purposes.

While most allegations have not been proven, many out of court settlements have been made in favour of complainants. A total of 1,173 complaints were made by the public against the Gardaí in 2005.

Sallins train robbery

One of the first charges of serious impropriety against the force rose out of the handling of the Sallins Train Robbery (March 1976); this case eventually lead to a serious miscarriage of justice and accusations of a "Heavy Gang" operating within the force which intimidated and tortured the accused. This eventually led to a Presidential pardon for one of the accused.

Kerry Babies

Several less high profile scandals, for instance the Kerry Babies Tribunal, occurred over the next decade or so which further tarnished the force's reputation.

Frank McBrearty

In the 1990s and early 2000s An Garda Síochána faced a series of allegations, including suggestions of corrupt and dishonest policing in County Donegal (which is the subject of a judicial inquiry, the Morris Tribunal). The Morris Tribunal found that some County Donegal gardaí had invented an IRA informer, made bombs and claimed credit for locating them, and attempted to frame Raphoe publican Frank McBrearty Junior for murder — the latter case was recently settled in a €1.5m settlement with the State.

Eddie Fullerton

The family of Eddie Fullerton, a Buncrana Sinn Féin councillor killed in his home by members of the Ulster Defence Association in 1991, have criticised the Gardaí's handling of the investigation and in 2005 they started a campaign for an inquiry.

Abbeylara shooting

On April 20, 2000 members of the Garda Emergency Response Unit (ERU) shot dead 27 year old John Carthy during a day-long siege at his home in Toneymore, Abbeylara, County Longford. There were allegations made of inappropriate handling of the situation and of the overuse of armed force by the Gardaí; a "shoot to kill" policy. This led to a Garda inquiry and subsequent Oireachtas Committee Inquest (the Barr Tribunal). The constitutionality of this inquest was successfully challenged in the High Court and subsequently, the Supreme Court by members of the ERU. As of 2006, the Barr Tribunal is ongoing. [http://www.irlgov.ie/committees-00/c-justice/Reports/abbeylara/default.htm

Prime Time 2004

In 2004, an RTÉ Prime Time documentary accused elements within the Garda of abusing their powers by physically assaulting people arrested. A retired Circuit Court judge (W. A. Murphy) suggested that some members of the force had committed perjury in criminal trials before him, while a Minister of State (Dick Roche) (junior government minister) accused police in one instance of "torture". The Garda Commissioner accused the television programme of lacking balance.

Reclaim the streets' demonstration 2004

The Prime Time documentary followed hot on the heels of footage published by the Independent Media Centre Ireland showing attacks by Gardaí on Reclaim the Streets demonstrators. One Garda shown in this footage was later convicted of assault, while several other Gardaí were acquitted of this offense.

Morris Tribunal 2006

The Morris Tribunal has stated in a report to the Minister for Justice Equality and Law Reford that "proper discipline has been lost from An Garda Síochána". It suggests that a few mischief-makers are abusing their positions within the Garda and using the disciplinary process to damage the force.

The tribunal has expressed concern that recruits are being brought into an undisciplined culture that has the potential to do great damage to them in the longer term.

It has warned that a "terrible and costly" waste of talent will occur if the existing situation continues.

The existing disciplinary code for gardaí is identified as having created a significant problem by being of great assistance to the undisciplined minority. The tribunal has recommended that the Government takes urgent steps to come up with a new simplified code. The Government has stated that it is to introduce a code of discipline for Gardaí.

Gay and Lesbian perception

A report released in July 2006 by gay rights organisation Johnny has found that 86% of people who frequent gay and lesbian establishments feel that the Gardai are not doing enough to tackle reported homophobic crime in Ireland. Furthermore, 80% of those surveyed as part of the report and who suffered a hate attack did not report the crime to the Gardai. The main reasons cited for not reporting the attack were the fear of a homophobic response, felt no action would be taken, difficulty talking to the Gardai and fear of being judged, previous reports of attacks were not followed up, previous reports were laughed at or greeted with total indifference, didn't feel the police would do anything about it or be sensitive to the rights of members of the LGBT community. 36% of victims did not report their attack because they had zero confidence in the Gardai while 30% were not aware of the availability of gay and lesbian liasion officers. The report concluded that all Gardai should be sent for training in anti-homophobia and hetrosexism training. //www.gayhealthnetwork.ie/folder/web/pdf/hatecrimereport.pdf

Garda Inspectorate

A Garda Inspectorate has been established as provided for in the Garda Síochána Act 2005.

The objective of the Inspectorate, which is independent in its functions, is to ensure that the resources available to the Garda Síochána are used so as to achieve and maintain the highest levels of efficiency and effectiveness in its operation and administration, as measured by reference to the best standards of comparable police services.

In accordance with Section 115 of the Garda Síochána Act, the Inspectorate shall consist of 3 members, to be appointed by the Irish Government. The functions of the Inspectorate, inter alia, are as follows:

carry out, at the request or with the consent of the Minister, inspections or inquiries in relation to any particular aspects of the operation and administration of the Garda Síochána,
submit to the Minister (1) a report on those inspections or inquiries, and (2) if required by the Minister, a report on the operation and administration of the Garda Síochána during a specified period and on any significant developments in that regard during that period, and any such reports will contain recommendations for any action that the Inspectorate considers necessary.
provide advice to the Minister with regard to best policing practice.

The first Chief Inspector, is former Boston Police Commissioner, Kathleen M. O'Toole and she reports to the Minister for Justice, Equality & Law Reform. She commenced this role in July 2006.

Garda Ombudsman Commission

The Garda Ombudsman Commission is empowered to:

Directly and independently investigate complaints against members of the Garda Siochána
Investigate any matter, even where no complaint has been made, where it appears that a Garda may have committed an offence or behaved in a way that would justify disciplinary proceedings
Investigate any practise, policy or procedure of the Garda Síochána with a view to reducing the incidence of related complaints

The Garda Ombudsman Commission replaces the earlier system of complaints, the Garda Sochana Complaints Board and is expected to be fully operational by the end of 2006. The Garda Síochána Act 2005 provides for the new Commission to replace the old mechanism.

The Members of the Garda Ombudsman Commission are

Mr. Justice Kevin Haugh, a Judge of the High Court is Chairman of the Commission. The other Members are Ms Carmel Foley, formerly the Director of Consumer Affairs and Mr Conor Brady, former Editor of The Irish Times and author of a book on the history of the Garda.

Garda Reserve

The Garda Siochana Act 2005 provides for the establishment of a Garda Siochána Reserve, consisting or 4,000 persons, to assist the Force in performing its functions. Its purpose is to supplement the work of members of the Garda Siochána. The first 900 recruits to the Reserve are to expected be in place by September 2006. They will carry out duties defined by the Garda Commissioner and sanctioned by the Minister for Justice, Equality & Law Reform.

The Garda Reserve is intended to be a source of local strength and knowledge. Reserve members will be given very carefully selected powers and duties; they will be properly trained for whatever they are asked to do, and they will always work under the supervision of regular members of the Force

Policing abroad

Since 1989 An Garda Síochána has undertaken United Nations peace-keeping duties. Its first such mission was a 50 strong contingent sent to Namibia. Since then the force has acted in Angola, Cambodia, Cyprus, Mozambique, South Africa and the former Yugoslavia. The force's first fatality, whilst working abroad, was Sergeant Paul M. Reid, who was fatally injured while on duty with the United Nations UNPROFOR at "Sniper's Alley" in Sarajevo on 18 May, 1995.

Members of An Garda Síochána also serve in the Embassies of Ireland in London, The Hague, Madrid and Paris. Members are also seconded to Europol in The Hague, Holland and Interpol in Lyon, France. There are also many members working directly for UN and European agencies such as the War Crimes Tribunal.

Sellafield nuclear facility

Under an agreement with the British Government under the United Nations Convention on the Law of the Sea, the Garda Síochána and the Radiological Protection Institute of Ireland are allowed to inspect the Sellafield nuclear facility, Cumbria, England.

References

External links

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