Michael McCarthy (Cork South West, Labour)

I have been raising this issue for some time with the Minister for Justice and Equality. I tabled a parliamentary question in recent weeks. An incident over the week prompted me to raise this as an Adjournment matter.

I refer to the case of two gardaí being called to a domestic incident in Dublin city centre. Shortly after arrival one of them was doused with burning fat. This is one of many incidents that have taken place in our cities, towns and streets in recent times. It is unacceptable, to say the least. There is a huge risk to life and limb, not just to members of An Garda Síochána but to members of the emergency services. It serves a very ugly reminder to us that are thugs out there who have no regard for law and order and have less regard for life and limb. It is important that the State responds to incidents like this.

More than 800 gardaí are assaulted each year, and the figure is rising annually. From 2005-2007 there was an 84% increase in the number of recorded assaults on gardaí which included a rise of 113% in serious assaults and 76% in simple assaults. The rate of assaults on nurses in accident and emergency units is also known to be extremely high. In the UK an estimated that 1,000 health and emergency workers are assaulted every week, although the real figure is thought to be higher because many cases go unreported.

In the particularly tragic case of the late garda Robbie McCallion two years ago, the presiding judge issued an instruction to the jury that it was not to let fact that the man was a member of An Garda Síochána to colour its thinking. The judge had no choice but to apply the law as it prevails. We as a State must send out a strong signal that the role of young men and women in An Garda Síochána and other emergency services is valued. We should take particular cognisance of the risk to their well-being and safety given the manner in which they discharge their public duties, particularly at ungodly hours during the weekends and dealing with people who have no regard for law and order. Statutory instruments need to be introduced immediately to protect gardaí and emergency workers and act as a deterrent to offenders. One thing the figures teach us is that the current legal framework does not serve as a deterrent to offenders. An attack on a garda is not just an attack on an ordinary individual, it is an assault on democracy. For example, an ordinary person is not obliged to stand in front of a car being driven at high speed, but a garda might be obliged to do so in the course of his or her duties. We should be cognisant of this. In Britain it is a criminal offence to assault a police constable in the execution of his or her duties. It is also an offence to resist or wilfully obstruct a constable in the execution of his or her duties. An assault on a police officer is punishable by a sentence of up to six months imprisonment, and obstruction by up to one month in prison. As recently as March, the sentencing council in the United Kingdom published guidelines for judges and magistrates which included a recommendation that anyone found guilty of merely pushing or shoving a police officer should be punished by a sentence of up to 26 weeks imprisonment. Similarly, the Emergency Workers Obstruction Act 2006 makes it an offence to obstruct or assault an emergency worker. It covers firefighters, paramedics, members of the coastguard service and the crew of an RNLI vessel or any other lifeboat.

In Australia the criminal court Act implements a three-month minimum sentence for certain serious assaults on police and public officers, including ambulance officers. It acts as a deterrent to offenders while protecting police officers.

In May I tabled a parliamentary question to the Minister for Justice and Equality, inquiring whether there were any plans to introduce legislative changes to protect gardaí in the line of duty, following the case of the late Garda McCallion. The Minister said he would keep the matter under review. In the light of the incident that took place in Dublin city over the weekend, I urge him to review the matter. He should send a strong signal to those who have no regard for life or limb. We should also send a strong message that the State cares about its emergency workers and that we will do our utmost to ensure their safety and that security is paramount. The State must respond to incidents where such workers are under attack.

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