THE INCOMING GOVERNMENT announced this week that Ireland is to get a new “transport security force”.

The draft Programme for Government published this week is light on details, but there are two mentions of the initiative.

The incoming coalition of Fianna Fáil, Fine Gael and Independents promises to “create a Transport Security Force under the National Transport Authority, which would operate and have similar powers to the Airport Police and Customs officers”.

The second mention of the scheme is in a section on Rejuvenating Dublin City Centre, where the new government promises to “ensure the new Transport Security Force plays a central role on Dublin public transport”.

The initiative, which is likely to be focused on public transport, has been called for by a number of interested parties including Dermot O’Leary, general secretary of the National Bus and Rail Workers Union (NBRU), because of attacks on staff. Siptu has made similar calls.

Speaking on RTÉ’s Morning Ireland this week, outgoing Minister for Justice Helen McEntee wasn’t able to give details on, for example, powers of arrest for the new force.

However, The Journal spoke to a number of sources and it seems likely that the new security force that will work on public transport will be “authorised officers” under the National Transport Authority, rather than gardaí.

It is understood that the intention is to give them a power of arrest but there is no mention what power of arrest that will be.

At present in Ireland there are private security officers on Luas and rail networks but they have no powers of arrest beyond what a member of the public possesses. 

Private security rail officers working in Dublin.

Powers of arrest

Garda powers of arrest are generally derived from Section Four of the Criminal Law Act 1997. This is in regard to an arrestable offence which is a crime punishable by five years or more. 

Within that section there is also a power of arrest for members of the public under Section 4(4) of the Criminal Law Act 1997 if they believe that the suspect would evade arrest. 

There are multiple extra garda powers of arrest, granted to them within individual Acts such as the Public Order Act and other legislation as well as judge made common law principles. Gardai also have extensive powers of detention to question people and powers of search which members of the public do not have. 

However, both the Programme for Government and McEntee in her radio interview indicated that the powers of the new transport security force will be more akin to powers granted to Airport Police or Customs Officers. 

Both of those agencies are granted certain limited powers to obtain someone’s name and address, as well as  powers of search and seizure. In the case of the Airport Police, they act also within bye-laws – but only within the precincts of an Airport.

Airport Police and Customs officials hand over detained people to gardaí when the latter arrive on the scene. 

The Garda Siochána Ombudsman Commission has extensive powers of search and seizure, arrest and detention when investigating complaints against members of An Garda Síochána.   

Multiple sources said any new power of arrest granted to an agency like the National Transport Authority, which will employ the security officers, will require legislation which will have to pass through the Oireachtas. 

In practice, that means it could be several years before the force is operational.

A British Transport Police Officer on duty in Kings Cross, London. Alamy Stock Photo Alamy Stock Photo

Transport police model

In other jurisdictions across the world there are dedicated police forces that deal with crime on public transport. The most notable is the British Transport Police (BTP). The difference to the proposed Irish model is that BTP are constables with all the powers of regular police officers.

The BTP’s annual budget is in excess of £300 million (356m) and its force strength is around 3,000 sworn police officers. 

They patrol the rail network in particular and even have advanced specially trained firearms officers to manage critical incidents such as hostage situations or deal with armed criminals on the network.

Commissioner Drew Harris has come out publicly and said that he did not believe there was a need for a dedicated public transport unit of An Garda Síochána.

When contacted, a garda spokesman said that the force was not in a position to comment on “draft proposals”. 

The President of the Garda Representative Association, Mark O’Meara, also said he was unable to comment this week.

“It is a commitment given by government but we haven’t had any engagement or consultation in regard to the initiative and therefore wouldn’t be in a position to comment,” he said.

Sources at senior level in An Garda Síochána have told The Journal that this new force could not be resourced and staffed from within the gardaí because of resource constraints. It’s understood there’s not particular opposition to the creation of a dedicated unit focused on public transport, but resources are the issue.

One senior garda source said: “The organisation has deployed patrols and specialist operations on the transport network and units go to incidents very regularly at train stations and public transport.”

“But there really would be a problem because it would require taking gardaí from elsewhere – there are no extra gardaí,” the source said.

Gardaí and Luas security on duty in Dublin. Rollingnews.ie Rollingnews.ie

A lot of work ahead

Tony Gallagher of Ashtree Risk Group, who retired recently as an inspector having led operational gardaí at Mountjoy Garda Station, backed other comments from within An Garda Síochána that any dedicated garda unit would place a huge burden on the already stretched policing force.  

“The concept is very worthwhile and I can understand why they might bring it in to support the public transport providers but the reality is it is not achievable,” he said. 

“There is a whole issue of logistics with this also. How many services will you put them on? Will you give them vehicles? Will you give them their own detention centres and powers of detention?

“In supporting that, there would need to be a complete new and separate schedule of offences in law and powers in legislation to deal with this along with extensive training.”

All in all, Gallagher believes what the government has promised is “not feasible”.

Dermot O’Leary of the NBRU, who is the leading advocate for the proposal, welcomed the government’s commitment, but also warned that there needs to be engagement with “key stakeholders” such as the garda representative associations.

“We welcome that the government has listened to us after years of campaigning but we caveat that there is a need for a comprehensive stakeholder engagement,” O’Leary said.

“We need the guards to be engaged with on this. If it is like the Airport Police, gardaí will be asked to take the person who has been detained. 

“This will be dispersed across the country and that needs to be dealt with in a way that it can work,” he added. 

Fianna Fáil TD Jim O’Callaghan, who has been a strong voice for the proposal, could not be reached for comment. 

With reporting from Christina Finn.