THE Minister for Justice last night placed responsibility on the Garda authorities for the fact that gardai did not know earlier this week they could use a new spiked device to stop car thieves.
Late last night, Mrs Nora Owen said in the Dail that the Garda authorities were told on March 10th that new legislation had come into force allowing the use of the device - the "stinger" - against those driving stolen cars, including so called "joyriders".
The Minister's remarks came amid an intensifying political row, with opposition parties accusing the Government of failing to tell the Garda that the new law had come into force. One opposition TD said it was "a crass piece of official negligence".
The row results from the death of two teenagers in Cork last Monday night. Trevor O'Connell (17) and his friend Stephen Kirby (17) were struck by a stolen car being, driven at speed. Trevor O'Connell died at the scene. Stephen Kirby was seriously injured and died yesterday.
After the incident, Cork gardai and Garda Headquarters in Dublin said the law did not permit gardai to use the stinger - a spiked device which can be thrown before a speeding car to puncture its tyres - to stop car thieves.
The Garda authorities understanding was that gardai could only use the device against criminals such as escaping armed robbers and not in response to "unauthorised taking" of vehicles.
Garda Headquarters last night said: "The force is currently examining the Criminal Justice (Miscellaneous Provisions) Act of 1997, part of which relates to unauthorised taking of vehicles. Policy and guidelines as to its enforcement will be circulated to the force on this and other provisions contained in the Act."
The statement suggests the Garda authorities have been studying the law for some time, but last night senior Garda sources indicated that management learned only this week that the new law was in force. The sources expressed dissatisfaction with the procedure by which the Department notifies the force that a new law is in place.
In the Dail, the Minister said, the relevant legislation was signed by the President on March 4th. The Government Secretariat had informed her Department of this on March 6th and "this information was transmitted to Garda Headquarters on Monday, 10th March".
She added that when a Bill is enacted "the Garda authorities issue a policy document to gardai indicating how the legislative provisions contained in the Act are to be implemented. It is a matter for the gardai to notify the Garda divisions of such policy."
"The gardai are currently making the necessary arrangements to provide for the operational use of the stinger and circulating the relevant instructions to all divisions. I have been informed that the stingers will be available in about one more week's time," the Minister said.
Mr Batt O'Keeffe, Fianna Fail TD for Cork South Central, said he believed the relevant legislation came into effect when passed. He questioned why the Garda authorities were not made aware of this. Ms Mairin Quill, the Progressive Democrat TD for Cork North Central, wondered why the information was not communicated speedily by the Minister to the Garda. "This must be seen as a crass piece of official negligence", she said.