Dessie Ellis (Dublin North West, Sinn Fein) | Oireachtas source

Cuirim fáilte roimh an Bille seo ach táimid i gcoinne breithiúnas sainorduithe. I hope this Bill leads to a worthwhile debate on this major issue. While my party cannot fully endorse the Bill as it stands for reasons which I will outline, it deserves to be passed and to go to Committee Stage where it could be amended in a manner that would satisfy all sides and address the need to deal strongly with those who attack emergency service workers.

Unfortunately, this is an issue that must be addressed in light of attacks on members of the emergency services. It is also, unfortunately, particularly topical in the run up to Hallowe'en, when the incidence of such attacks tends to increase. Members of the fire service and the Garda are particularly vulnerable to attack when arriving to deal with bonfires that are out of control or are in locations where they are likely to lead to serious injury or to damage property. In my area bonfires are sometimes built too close to schools and other premises, power lines and sometimes people's homes. Over Hallowe'en there tends to be an escalation in attacks on fire crews in particular. Indeed, it is noticeable that in some areas attacks on bus crews have begun again. That is part of the same anti­social, irresponsible behaviour that leads to attacks on emergency services personnel.

It also appears to be connected to the availability of illegal fireworks which are sold, often by criminal elements, many weeks before Hallowe'en. Setting off fireworks has become another part of the armoury used by anti-social elements to plague their own communities and members of the emergency services, bus crews and other services. Various branches of the emergency services, including the fire service, have attempted to address this issue by visiting schools and pointing out to children the dangers of such behaviour. I understand this approach has been somewhat effective in reducing the number of incidents in certain areas.

The issue of parental responsibility also arises, including the responsibility not only to make it clear to children that such behaviour is unacceptable but also to ensure that children are supervised at the times of day or night when incidents tend to take place. There have been reports of children as young as seven and eight years old going out at night to throw stones at buses. It is obvious who is most at fault in those cases. Unfortunately, however, not all of those involved in attacks on emergency services are children and that is why legislation of this nature is required. Some adults involved in anti-social and criminal behaviour see members of the emergency services as fair game and will sometimes entice them to bonfires and other events with the intention of attacking them. This has resulted in several serious incidents which might have led to extremely serious injuries or even fatalities.

Anyone who engages in attacks on workers in essential services should be subject to the full rigours of the law. However, my party cannot agree with the imposition of the mandatory minimum five year sentence contained in the Bill. Those who engage in attacks need to be punished when convicted but mandatory sentences are a crude measure. Along with legal experts and many others, we believe the application of mandatory sentences does not allow judges to take account all of the nuances of a specific offence. There are also instances where groups involved in attacks of the nature outlined in the Bill include both ringleaders and unwitting or unwilling participants. While that is not an excuse for anyone who is responsible for such attacks, it is a reason courts need the room to apply a more subtle approach than that proposed in the Bill. Furthermore, research in other jurisdictions suggests that mandatory sentencing is not effective. It has also been suggested that juries and judges are sometimes inclined to find a defendant not guilty rather than sentence him or her to a term which they feel is not commensurate with his or her part in a crime.

I support the spirit of the Bill and agree on the need to tackle attacks on emergency service workers. We are prepared to support the Bill at this stage with a view to having it amended on Committee Stage. I hope the Bill's proposer will approach the issues arising in a similar manner so as to secure an acceptable outcome.

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