John Perry (Sligo-North Leitrim, Fine Gael) | Oireachtas source

It is clear we are all agreed on the need to ensure the protection of all emergency workers. Nurses, doctors, firefighters, ambulance crews, prison officers, soldiers and gardaí are all engaged in work that requires them to be in situations none of us would like to face. Quite often they deliberately and voluntarily place themselves in harm's way so that the rest of us are kept safe. This selfless dedication to their vocation deserves not just our recognition and our thanks, but our practical support.

Those who assault a fellow citizen deserve to be called to account before the courts. Those who would assault a fellow citizen who, in the course of her duty, is helping others in his or her role as a garda, doctor or other class of emergency worker also deserve to be brought to book. Such a person brings forth in us the strongest feelings of revulsion and contempt. To hear of attacks on firefighters and nurses makes us rightfully angry and we want to see just and strong punishment.

The Oireachtas has made laws clearly outlawing assaults, whether minor or serious, as can be seen in the Non-Fatal Offences Against the Person Act 1997. These offences carry proportionate penalties of up to ten years in serious cases, or life imprisonment in the most serious. The Oireachtas has also recognised the special circumstances faced by emergency front line workers. Special provision has been made in the public order legislation for even relatively minor assaults, or threats to assault, emergency workers and persons assisting them. The heinous nature of these assaults is recognised by the penalty of seven years' imprisonment a judge may impose.

I recognise the work done by Deputy Calleary and his colleagues in bringing the Bill forward. It is right that our common concern about the protection of emergency workers should be considered in this House, and I thank all those who contributed to the debate this morning. The only significant difference between our positions relates to the question of how strong penalties should be applied to emergency workers.

The traditional approach to sentencing is for the Oireachtas to lay down the maximum penalty and for a court, having considered all the circumstances of the case, to impose an appropriate and proportionate penalty up to that maximum. The Constitution leaves the administration of justice to the courts. It is for the independent Judiciary to weigh the circumstances of each case and impose a penalty that reflects the seriousness of the crime committed.

A very small number of exceptions has been made to this approach. The particular seriousness of murder has been recognised by the only truly mandatory minimum sentence provision on our Statute Book.

Certain drug trafficking and firearms offences have been made the subject of presumptive mandatory minimum sentences. The question of mandatory sentences is under review. The Law Reform Commission has made a provisional recommendation that they should not be extended. Its final report on the matter is awaited. The Minister for Justice and Equality, Deputy Shatter, has established a strategic review of penal policy. To enact the proposals contained in the Bill would pre-empt and prejudice the outcome of the work of both the commission and the strategic review.

In my earlier remarks I noted a number of significant deficiencies in the Bill as regards its exclusion of prison officers and its failure to properly include all medical personnel. I also pointed to the failure of the Bill to properly take account of international human rights standards applicable to detained persons under the age of 18. The most recent recorded crime statistics, released last week, showed that most categories of crime are falling. That reflects well on the work of the Garda Síochána. The figures show that in the 12 month period to the end of June, murder had decreased by 8% and assault offences were down by 9.7%. For all these reasons I must, while recognising the worthy and commendable concerns which inspired the Deputy, oppose the passage of this Bill. The Government is satisfied that there are sufficiently strong penalties available to judges to impose on a person who attacks an emergency worker.

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