Michael McCarthy (Cork South West, Labour)
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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.

Róisín Shortall (Dublin North West, Labour)
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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.