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Gardai v. the Joeys (Dublin Airport Police)
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DublinWriter wrote: »Illegal dentention? Dodgy dental-work.
On the other hand, their powers of arrest and detention are granted only by Airport Bye-Laws. I don't want to put down the excellent work I'm sure they do, but in real terms they are about as entitled to detain someone as much as a Park Ranger would be able to arrest someone in the Phoenix Park.
sorry about the spelling tired after work
Just to clear up there unwarranted powers of detention has nothing to do with the Airport Byelaws 1994 unlike the Park Rangers, the Airport Police operate under the same legislation as the Gardai in reference to Aviation (not in general
).
There core legislation is section 33 of the Air Navigation and Transport Act 1988 which allows them to enforce the above byelaws.
Please see below for S.I/Legislation that covers there power of detentions.
Authorised Officers = Members of Airport Police & Gardai
Below ANTA 1988 section 33
http://www.irishstatutebook.ie/1988/en/act/pub/0015/sec0033.html
33.—(1) An authorised officer, in the interest of the proper operation, or the security or safety, of an aerodrome, or the security or safety of persons, aircraft or other property thereon, may do all or any of the following things—
[GA]
( a ) stop, detain for such time as is reasonably necessary for the exercise of any of his powers under this section, and search any person or vehicle on an aerodrome;
There are also several other Aviation & Airport statute dating back to 1936 they operate under aswell as arrestable offences (S.4 CLA 1997) and common law powers.0 -
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None of this is meant to critisise or demean airport police or security or gardai etc. I worked in Dublin Airport for a few years and am now working in a UK airport.
I disagree with you Alpha Papa. I have read all the air navigation acts etc and nowhere are ap mentioned in relation to the giving of powers under these acts.The powers are given to Authorised Officers. Nowhere could i find the words Airport Police in these sections. Somewhere along the line the name airport police was taken. The fisheries officers have powers in law same as you but you do not find them saying they are police. They are Fisheries Officers. There should be a standard name for people given powers as authorised officers under these acts to prevent confusion. Ap should be called 'Airport Officers'.
By changing the name it would prevent confusion with people thinking ap are Gardai.
The security of our airports is too important to have this confusion.
The airport police are a private body hired by DAA. The powers come from the air navigation acts. The Gardai are hired by the state, and are controlled by the Dept. of Justice and not the Dept. of Environment, as the ap are. What happens if DAA continues to lose money? They will cut back on ap same as every other section. How can airport security be left to a private company.
If an ap arrests somebody they have to hand this person to the Gardai. The Garda decides if there is enough grounds for him to arrest or detain this person. I have witnessed occasions when the Gardai refused to take somebody into custody from the ap. The ap do not have grounds of detention other than handing the person to Gardai. They cannot detain for criminal investigation etc.
In recent legislation (e.g. preclearance act 2010?) the 'Irish law enforcement agencys' are defined as the Gardai and Customs. Also the Air accident investigation unit guidelines outlines the role for Gardai. There is no mention of airport police. Also Regulation (EC) 300/2008 states that one single authority should have overall co-ordination of security at airports. This could well be aimed at Ireland as it is probably the only country in the EU with such a crazy situation. The one single authority has to be the Gardai ( for reasons of intelligence, arms, real experience in policing critical situations). The ap have been refused batons and pepper spray so the people in government must be coming to this conclusion too.
BAA were in a similar situation in 1974 when they had their own 'police' force (though these were sworn home office officers) and the met police took over the policing of the uk airports. In 1974 Heathrow had the same passenger through put as Dublin has now.
A number of my colleagues are absolutely amazed that with the current threats to aircraft and airport safety that a private company are stating that they are the police for the airports.
None of this is meant to demean the airport police. They do a good and necessary job. My point is that they are not a 'police' force and should have their name changed to 'Airport Officers' to standardise persons who are given powers as 'authorised officers' under different acts. I have read posts from oneor two airport police who have stated something similar. The Gardai should step up their patrols in the airport and utilise maybe the Eru or Rsu at times for a visible deterrent.
Very good response,well researched and referenced, well some of it was anyways. by any chance are you former member metman? similar stuff has come from him before. I appreciate your comments and input though.
First of all you have misquoted me or maybe misread my post. The Airport Police is as you said part of DAA Group. Authorised Officers are members of the Airport Police that there affiliation.
The important part being that members are Authorised Officers for the Minister or since the 1998 act granted by the company.
The DAA is fully state owned and comes under the direct control and auspice of the Department of Transport not Enviroment as you said. Members are not private hired by the DAA. They are full employee of the DAA.
Batons and spray are on the way and have not been refused. Batons are offensive weapon under law but not so if you have a lawful reason/excuse and guess what they AP do same as how the Harbour Police have them, Pepper spray is covered under the firearms act and covered under a firearms license, anyways wait and see.
http://www.transport.ie/aviation/AviationServices/aviationsecurity/index.asp?lang=ENG&loc=2402National Civil Aviation Security Committee (NCASC) The purpose of the NCASC is to advise the Government and the civil aviation industry of security policy for civil aviation, to recommend and review the effectiveness of security measures and to provide for co-ordination of the various interests involved
The Committee comprises representatives of Government Departments, airports, airlines, the Garda Siochana, the Defence Forces, An Post, Customs, Irish Aviation Authority, and IALPA (the Irish Airline Pilots Association).
The NSCAC has responsibility for reporting on this issue. If they are unhappy with the APS then maybe would'nt they have advised the Minister/Goverment of this.
But guess what, they have instead ask for increased powers for APS.Alpha Papa wrote: »Yes, this is correct the Airport Police received the power under section 27 of State Airport Act 2004 to issue Fixed Penalty Notices for any offence under the Airport Byelaws of 1994 (Traffic,Parking,Public Order or safety issues etc..)
Also from the same Act for the first time they will now have power to issue a Fixed Penalty Notice to a person/s that have cause a breach of the peace/disturbance in flight (once the aircraft doors are closed) or failed to comply with a direction of cabin crew.
Before this it was always the State National Police (Gardai) that had to deal with this but now the State Airport Police powers have been increased in this areas taken on it alongside the Gardai.
No Gardai will not be taking over policing this complexe its actually the opposite. The Department of Transport and DAA are quite happy to have Airport Police Service continue provide law enforcement services and as you have read above they have received increased powers and also huge investment in equipment/training and infrastructure to this end now more then ever there there will be less Garda involvement believe it or not!
By Airport Police i mean members of it i.e Authorised Officers to avoid any confusion. These new measure above will now lessen the need for the Gardai to be called for some incidents and can be handled more effectively by AP. This touches on your issue with detention and custody and Gardai being unhappy to proceed with charges etc... It also free up Gardai from attending incidents that can now be better managed by the APS by issuing a penalty notice and removing the offender then simply arresting them and handing them over to the Gardai to deal with. This also allows Gardai to focus on more important issues in there own district.
A person can be detained by Airport Police also without being arrested to establish bio graphical information (this is part of investigation for establishment of lawful purpose on airport) and for enforcement of bye laws etc.. They may not be massive investigations but they have own part to play in policing the airports.
In regards to AAIU, check over any amount of reports and you will just there involvement is. The Gardai the national police have the role of investigating these incidents not the AP nothing new there same as any serious incident. The Airport Police provide the state airport with a Aviation Law Enforcement service and everything that come with it.
The Gardai are already, over strected and under manned and funded as it stands. The country is rife with crimes and gangsters. Serious crime that the Gardai are trying to fight with little resources and public support.
I take my hat off to them every day for the great work they do, My opinion is there little interest in the AGS Management taking over the Policing of airports.
All any one has to do is look at GNIB (Garda Immigration) in the airport and how they manage immigration in Dublin Airport. They can barely open enough boots to manage small amount of flights arriving and cant properly even give the time to inspect passports fully due there there lack of numbers and overtime ban.
what the AGS management response? any guesses?
Do nothing.. no replacements in over two years or anything.
If the Gardai arent taking immigration seriously in the airports and they control that? (This is not a jibe at the Garda Officers snd there dedication but at AGS management) and there was serious talk last year of making immigration a civil servant role like the UK, then why would the DAA/DOT considering handing it over the Gardai to manage? I think its a fair point being honest.
within the UK you still private police patrolling airports (except they carry guns
) that is in Belfast International you have the Belfast International Airport Constabulary with officers being under the employ of the Airport Authroity with similar power to member of the PSNI but within the a limited jurisdiction.
Airport Police trace it origins back to 1936 it has grown and so has it members and the service it provides. The minister has stated many time at how happy he is with the work the Police provide. I can understand your point with confusion of Authoirised Officers and the term POLICE.
But that your personal opinion, which your entitled too. The powers that be dont see a problem with it.
Just to confirm the belowAlso Regulation (EC) 300/2008 states that one single authority should have overall co-ordination of security at airports.
In Ireland this is the Department Of Transport0 -
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