Garda Commissioner Justin Kelly has publicly advocated for increased legal protection for officers involved in vehicle pursuits, expressing frustration with the current system and its impact on law enforcement operations. Kelly has repeatedly called on the government to provide these protections, emphasizing that the fear of prosecution can have a "chilling effect" on the entire organization.
Kelly's remarks come in the wake of public criticism regarding the legal system's handling of car theft gangs who evade capture by driving against traffic on motorways. A recent fatal crash on the M9 motorway has intensified this debate, highlighting the dangers associated with such tactics. In response to these concerns, Justice Minister Jim O’Callaghan has proposed specific legislation to address the offense of driving the wrong way on a motorway, aiming to offer protection to gardaí and alleviate fears of prosecution for dangerous driving during pursuits.
The Garda Commissioner has noted that cases involving officers engaged in pursuits can be lengthy and often result in dismissals or acquittals, contributing to the current system's perceived shortcomings. He stated that "with some of these cases, they’ll wind their way through the courts and I think everybody knows how long that takes and the guards’ cases will be dismissed or they’ll be acquitted at the end."
Adding to the discussion, Matt Carthy, chair of the Oireachtas Justice Committee, pointed out that gardaí currently lack specific training in pursuit tactics. Carthy, a Sinn Féin TD, has scheduled a hearing for September 15 to discuss the matter further, emphasizing that "Gardaí must have the training and the ability to carry out pursuits where appropriate."
A spokesperson for the Department of Justice confirmed that the government is preparing legislation. "Minister O’Callaghan wants this legislation to provide protection to gardaí by addressing the prosecution, or the fear of prosecution, of gardaí for dangerous driving when engaged in such pursuit,” the spokesperson said.
