Dáil debates

Thursday, 13 November 2008

3:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Question 4: To ask the Minister for Justice, Equality and Law Reform his views on whether particular sanctions should apply to those who attack members of the emergency services; the action he will take to tackle the increasing volume of attacks on members of the emergency services; and if he will make a statement on the matter. [40458/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The law rightly makes specific provision to reflect society's repugnance for attacks on members of the emergency services. The Criminal Justice Act 2006 strengthened the Criminal Justice (Public Order) Act 1994 to make it an offence to assault or to threaten to assault or to impede medical personnel in a hospital, people assisting such personnel or a peace officer acting in the course of duty. The definition of "peace officer" was expanded to include members of the fire brigade and ambulance personnel as well as a member of An Garda Síochána, a prison officer and a member of the Defence Forces. In addition, the penalties for the offence of assault or threatening to assault a peace officer were increased to a fine of €5,000 or up to 12 months' imprisonment, or both, on summary disposal and to an unlimited fine or up to seven years imprisonment, or both, on indictment. The Act also creates specific offences of threatening, assaulting, resisting, wilfully obstructing or impeding doctors, dentists, nurses, midwives, pharmacists, other health and social care workers and any persons assisting them in or at a hospital.

I am informed by the Garda authorities that between 2003 and 2007 the number of such incidents increased in line with the number of incidents of public disorder and other anti-social behaviour. This increase reflects increased enforcement by An Garda Síochána under Operation Encounter, which specifically targets public order and alcohol related offences. The law provides a robust and comprehensive range of measures for the prosecution and sentencing of persons who assault, threaten or obstruct emergency workers and An Garda Síochána attach particular importance, as I do, to responding to such serious attacks.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I acknowledge the Minister's reply but does he accept there is a particular problem in the final two weeks of October annually coinciding with Halloween festivities? For many people in the community, particularly the elderly, Hallowe'en weekend has become a living nightmare as a result of the violence, mayhem and anti-social behaviour of a reprehensible nature that ensues. Operation Tombola, designed to deal with the Hallowe'en festivities, has been a failure. There has not been sufficient emphasis on the illegal importation of fireworks from Northern Ireland and on tackling markets of a dubious nature, which have sprung up in different parts of the country over the past years and specialise in selling goods of dubious quality and origin. Does he accept this requires a specific and specialist response, having regard to the annual recurrence of Halloween violence?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I do not accept Operation Tombola has not been a success. Anecdotal evidence points to a dramatic decrease in the number of fireworks let off. My own area was as bad as anywhere else over the years because it was close to the Border and anecdotal evidence suggests a significant effort was made by the Garda to prevent fireworks crossing the Border. The figures speak for themselves. A total of 909 incidents were recorded in the Dublin metropolitan region this year compared to 1,699 in 2007, a 40% decrease. The number of seizures increased dramatically. There were 137 seizures this year compared to 64 in 207 and 76 in 2006. In 2003 1,372 incidents were recorded. A total of 3,217 convictions were secured between 2003 and 2007 while 1,217 proceedings were commenced this year with 214 convictions secured.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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Will the Minister review the penalties to ensure mindless attacks on ambulance and fire personnel have the same status in law as attacks on members of the Garda?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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It does. The Criminal Justice Act 2006 included accident and emergency, fire officers and ambulance personnel. We did that already, two years ago.