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Flanagan says Gardaí can use other legislation, after COVID-19 powers lapse

Justice Minister Charlie Flanagan has denied Gardaí have lost clout, after it was revealed their...
Jack Quann
Jack Quann

09.47 10 Jun 2020


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Flanagan says Gardaí can use o...

Flanagan says Gardaí can use other legislation, after COVID-19 powers lapse

Jack Quann
Jack Quann

09.47 10 Jun 2020


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Justice Minister Charlie Flanagan has denied Gardaí have lost clout, after it was revealed their powers to enforce some COVID-19 restrictions have lapsed.

He said Gardaí can still use a full suite of powers, including public order legislation.

However the power to turn people back and stop them from travelling long distances, which was brought in as part of coronavirus measures, is no longer in force.

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He told Pat Kenny: "Moving from phase one to phase two, matters were becoming very, very difficult and challenging to enforce.

"We're moving from the 5kms to 20kms, we had more and more people getting back to work, signs of society recovering in terms of movement.

"All along the object of the Garda exercise was encourage, explain, engage, rather than enforce - and it was only as a last resort that the regulatory framework was subject to enforcement".

He denied that the force's 'big stick' approach to enforce the regulations was taken away.

"Irish Gardaí don't use the 'big stick', Pat - you've only got to look at police services, police forces across the world in the spotlight in recent weeks.

"The hallmark of the Irish Garda since its foundation has been to be rooted in the community, working in the community - and we've seen that to very good effect in recent weeks here".

"The Gardaí are in a position to use a fine body of legislation in terms of public order legislation... legislation in terms of house parties that may be giving rise to noise in communities - about which we've heard.

"What we've done at the weekend is change the enforcement measures under the COVID-19 restrictions.

"I felt that we were reaching a stage, as indeed did the Garda Commissioner, where enforcement was entering into a number of grey areas in terms of distance, in terms of people crossing from one county bounds to another.

Charlie Flanagan A Garda checkpoint on O'Connell Street in Dublin. Picture by: Leah Farrell/Rollingnews.ie

"It would present very difficult and challenging circumstances - but that's not to say that the whole criminal and civil law can't still be used to very good effect on a 24/7 basis - which it is".

Mr Flanagan also said he is "very concerned" that legislation could lapse by the end of June if no new government is formed.

"There are no circumstances under which the Offences Against the State legislation, the Special Criminal Court legislation can be allowed to lapse.

"It needs to be dealt with, it needs to be dealt with by the 30th of June".

Asked if there was a plan B to this, he said: "I believe we have time.

"I expect actually next week that the Dáil will debate the special provisions on the Offences Against the State, that will be one big hurdle surmounted if I can get it through on a majority.

"We then have the situation in the Seanad: the advice of the Attorney-General currently is to the effect that a properly constituted Seanad with 11 members, chosen by the Taoiseach of the day, must be set up.

"I look forward to developments on that - but I don't envisage any circumstances where the the Offences Against the State special powers will be allowed to lapse".

On the direct provision system, Mr Flanagan said: "I believe the time is right that we engage now in planning for a root and branch reform of the direct provision system.

"That's why I'm very pleased that Catherine Day has indicated that her committee, her group, which involves people who have a lived experience of being in direct provision - they brought forward their report date from December to September."

But he added: "There are no instant or easy solutions here.

"'End direct provision', 'abolish direct provision'  - they're very nice slogans, but there are complexities here involving a number of departments outside the Department of Justice, for example the Department of Housing, the Department of Social Protection."

It follows a recommendation of extending the right to work to asylum seekers, and the exploration of alternative housing models.

Flanagan says Gardaí can use other legislation, after COVID-19 powers lapse

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Main image: Justice Minister Charlie Flanagan speaking at the Reform of Defamation Law Symposium in Dublin. Picture by: Sam Boal/Rollingnews.ie

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Charle Flanagan Coronavirus Legislation Covid-19 Garda Powers Gardai Pat Kenny Public Order Legislation

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