Dáil debates

Tuesday, 5 July 2011

9:00 pm

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Labour)

I thank the Deputy for raising this important matter. The Minister for Justice and Equality utterly and unequivocally condemns the recent attack on a member of An Garda Síochána who was responding to a domestic dispute in Dublin last Sunday. While he cannot comment on the details of any case that may be before the courts or anticipate what charges may appropriately be brought in any case, it is important to make the point that no attack on any member of An Garda Síochána or any other emergency service will be tolerated and that the full rigour of the law will be brought to bear on the perpetrators of any such attack. The Minister wishes the member in question a speedy recovery and return to duty.

Members of An Garda Síochána and other emergency services carry out their duties on a daily basis providing assistance for members of the public. They do so willingly and each and every day hundreds, if not thousands, of people interact with them. In so doing they are acting at the request of the public and it is utterly unacceptable for any person to assault these officers or seek to prevent them from doing their duty.

It is very important for everyone to understand legislation specifically protects gardaí and other emergency workers from such attacks. Section 19 of the Criminal Justice (Public Order) Act 1994, as amended by section 185 of the 2006 Act, provides that any person who assaults or threatens to assault a peace officer acting in the execution of his or her duty, knowing that he or she is, or being reckless as to whether he or she is, a peace officer so acting, shall be guilty of an offence. In this context, "peace officer" includes a member of An Garda Síochána, as well as other emergency workers. A person found guilty of such an offence is liable on summary conviction to a class A fine not exceeding €5,000 and-or a term of imprisonment not exceeding 12 months, or both. The penalty on conviction on indictment is a fine determined by the court or a term of imprisonment not exceeding seven years, or both. Similarly, any person who resists or wilfully obstructs a peace officer in the execution of his or her duty is guilty of an offence and liable on summary conviction to a class C fine not exceeding €2,500 or a term of imprisonment not exceeding six months, or both. It is a matter for the courts, where a person is convicted of these offences, to impose penalties that are appropriate in each case.

While the Minister cannot comment on a particular case, it is important for everyone to understand and realise the serious penalties that any attack on a garda or other emergency worker can attract. It is absolutely right that the criminal law should afford gardaí such specific protection and if further measures are necessary in this regard, the Minister will not hesitate in bringing forward appropriate proposals.

The Minister thanks the Deputy for raising this matter on Adjournment, as it affords him an opportunity to condemn the attack in no uncertain terms, to wish the member a speedy recovery and, once more, to bring to the attention of all concerned the very strong protections provided for in the criminal law against attacks on gardaí.

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