What are the rules for gardaí in policing evictions?

The role of An Garda Síochána in policing evictions is to ensure public order is maintained and that no criminal offence is committed.

That is according to an internal policy document which was issued by the force in November 2020 following a number of controversial evictions in which gardaí clashed with protesters.

The role of the Garda during evictions received renewed focus at the weekend because of a tweet showing a painting of a Famine-era eviction doctored so it included members of An Garda Síochána wearing hi-vis vests and safety hoods.

Sinn Féin’s housing spokesman, Eoin Ó Broin, retweeted the image with the comment “no words needed”. The general secretary of the Association of Garda Sergeants and Inspectors, Antoinette Cunningham, responded on Twitter describing Mr Ó Broin’s tweet as “deeply offensive and wholly inappropriate” for an elected representative. Mr Ó Broin later said his tweet was intended as a criticism of the Government and not the Garda.

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The chairwoman of the Irish Property Owners Assocation, Mary Conway, said “scaremongering” about evictions could incite unrest. Most landlords were decent people and work with their tenants when seeking to repossess a property, she said.

[ Unregulated agents will no longer be able to carry out evictions ]

The Garda policy document on repossessions and evictions sets out how, when they are notified of an eviction, gardaí should ensure that the local district officer or superintendent is informed. This person then has responsibility for overseeing the police response.

“If a Garda presence is deemed necessary and a resource is dispatched to the repossession/eviction, the senior member attending the scene shall carry out a dynamic risk assessment,” according to the document.

[ Artist behind Garda eviction image believes ‘people are missing the point’ ]

Among the issues to be considered are the legality of the eviction, the role, if any, of the gardaí as outlined in the court document or legal document supporting the eviction, and the content of any risk assessment carried out by the agents that are seeking to repossess the property on behalf of the landlord.

Human rights concerns; the measures taken by agents to minimise the risk of public disorder; their level of training, if any; the existence of an agency operational plan; and any intelligence or previous adverse incidents that suggest potential breaches of the peace are other factors to be considered.

[ New Garda protocols to assess ‘suitability’ and training of eviction agents ]

As the process is likely to create “disorientation, stress and anxiety”, the presence of people displaying signs of mental illness, acute behavioural disorder, or other psychological impairments, is another factor to be considered, according to the document.

“An Garda Síochána should not engage in any such tenancy disputes unless a criminal offence is alleged or disclosed,” the document says.

“It is the duty of the force to ensure citizens enjoy their rights to live free from violence, abuse and crime. Garda personnel also help preserve an environment in which people can live free from fear and enjoy other rights and freedoms.”

If an alleged offence has occurred, the gardaí should seek out and retain CCTV evidence. Recording or surveillance by the force should not occur without the appropriate authorisation, according to the policy document.

There was extensive controversy in 2018 when gardaí wearing safety hoods attended at an eviction in North Frederick Street in Dublin as masked agents acting for a landlord sought to eject protesters from a building on foot of a court order. There were clashes on the street between members of An Garda Síochána and people protesting against the eviction.

Since then new legislation has been introduced for the regulation of agents acting on behalf of landlords, but the relevant parts of the new code have yet to be commenced.

There is a detailed process involved for landlords seeking to gain repossession of their property against a tenant’s wishes involving the Residential Tenancies Board (RTB) and the courts. In a fully disputed process it could take up to a year for a notice of termination (ie, a notice to quit) to result in a court order granting a landlord possession.

As of July 2022, every landlord who serves a notice of termination on a tenant has to send a copy of the notice to the RTB. The latest figures available on notices received by the RTB are for the third quarter of 2022 and show 4,741 notices to quit. Sixty per cent arose from cases where the landlord wanted to sell the property. A further 16.7 per cent were cases where the landlord or a family member wanted to move into the property, while 15.7 per cent cited a breach of tenant obligations.

The number of notices is not equivalent to the number of properties landlords want vacated or the number of tenants who are faced with having to find a new home. This is because one notice could cover a number of tenants in one tenancy or separate notices could apply to tenants of the same property. Figures for the last quarter of 2023 are due out on Monday.