McDowell defends gardai on protest

The Minister for Justice defended the role of the gardaí in dealing with the violent anti-war protest outside Leinster House on Wednesday night.

Mr McDowell told the Dáil last night there was no evidence available to him that gardaí acted unreasonably or disproportionately. "On the contrary, they were forced to take action because of the unlawful behaviour of a number of protesters."

The Minister was replying, on the adjournment, to the Labour spokesman on justice, Mr Joe Costello, and Mr Joe Higgins (Socialist Party, Dublin West). Mr Costello urged him to order an inquiry into the incident.

"It is ironic that as crime figures published today show that we are now dealing with a spiralling crime rate and 300 offences every day, that so many gardaí could be found to deal with a peaceful protest last night." He accused Mr McDowell of giving "an exceedingly lame" interview on RTÉ earlier, adding that, surely, the word should have gone out from the Minister's office that all units of the Garda should display their identification numbers when engaged in public order.

Mr McDowell insisted that the incident need not have happened. "The protesters were made aware that they would not be allowed to block the entrance to the Oireachtas.

"Had they stayed behind the crowd control barriers, as requested by the gardaí, there would have been no difficulties. They could have made their point without any Garda intervention."

He added that if any individual had a complaint against the behaviour of a garda, there were procedures for it to be investigated.

"But in all the circumstances, calls for an inquiry into the actions of the gardaí are misguided. Indeed, the gardaí could reasonably expect the gratitude of members of this House for doing their duty in difficult circumstances."

Mr McDowell said that under the Offences Against the State Act 1939, it was unlawful to persist with a protest within the vicinity of Leinster House when called on by a garda to desist.

It was the case, he added, that members of the Garda public order unit did not have numbers on the special clothing which they wore.

"Both the Garda Commissioner and I have agreed that a means will be found to address this issue. However, in saying this I want to emphasise that there is no evidence that members of the unit behaved with anything other than complete propriety."

The Government recognised that many people had deeply felt opinion on the war. "It recognises, too, the right of these people to protest peacefully and express their views. Indeed, the gardaí had gone to considerable lengths to ensure that the protesters could express their views outside the House peacefully. It defies all reason to suggest that the protesters had any right to block access to or egress from Leinster House. To suggest otherwise is a recipe for anarchy." In those circumstances the gardaí moved to remove people causing an obstruction using the minimum force necessary.

Earlier, Opposition attempts to have Mr McDowell make a statement on Wednesday night's scenes failed. The Ceann Comhairle, Dr Rory O'Hanlon, said it would not be appropriate under standing orders. Mr Higgins, who was photographed in The Irish Times being taken from outside the Dáil by gardaí, sought a debate "on the gross overreaction of the Garda during a peaceful anti-war demonstration."

Mr Higgins assured the House that the "photocall was completely unscheduled", adding: "If the Minister for Justice had forewarned us, we could have had our shinguards on as well."