Dara Calleary (Mayo, Fianna Fail)
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Question 73: To ask the Minister for Justice and Equality if he will consider the introduction of specific legislative provisions to ensure that the manslaughter of a member of An Garda Síochána, or any member of the security forces or emergency personnel, whilst in the course of duty attracts a specific mandatory sentence; the work he has done on this matter since taking up office; and if he will make a statement on the matter. [22786/12]

Alan Shatter (Dublin South, Fine Gael)
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The Deputy is rightly concerned about attacks on the members of the Garda Síochána, the Defence Forces and emergency personnel in the course of their work. I share that concern and I want to make it clear that I utterly condemn any such attacks. I will have no hesitation of any nature in taking whatever action, including legislative reform, that might be necessary to protect gardaí, Defence Force personnel and other emergency workers against criminal attack.

There are a number of important provisions already in law which seek to ensure that gardaí and other relevant personnel are protected.

Where a person is convicted of the murder of a member of an Garda Síochána acting in the course of his or her duty under section 3 of the Criminal Justice Act 1990 the court is required by section 4 of that Act to specify 40 years as the minimum period of imprisonment to be served by the convicted person. Where the offence is one of attempted murder under section 3 the minimum term of imprisonment to be served is 20 years.

Section 19 of the Criminal Justice (Public Order) Act 1994 provides for the offence of assault of a member of an Garda Síochána, a prison officer, a member of the Defence Forces or certain emergency and medical personnel. The penalty for the offence is a maximum of seven years imprisonment.

The maximum penalty for manslaughter is life imprisonment in accordance with section 5 of the Offences against the Person Act 1861.

The position on mandatory sentences is that the Law Reform Commission was asked by the previous Attorney General to look at the issue of such sentencing. This was done at the instigation of the then Minister for Justice, Equality and Law Reform. The commission recently published a consultation document on mandatory sentences and invited submissions from interested parties. One of the preliminary recommendations of the consultation paper is against the extension of the presumptive minimum mandatory sentence regime that currently applies to certain offences such as drug trafficking. Obviously the commission will have to consider any submissions made to it on this subject before making a final recommendation. I would not like to prejudge the outcome of its deliberations. I look forward to receiving and examining the recommendations of the commission in its final report on this subject.

Dara Calleary (Mayo, Fianna Fail)
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Since we last had Question Time the incident with regard to the transfer of the killer of Garda Gary McLoughlin occurred and I compliment the Minister on how he responded to it very quickly and commissioned a report. Mr. Michael Donnellan of the Irish Prison Service came before the committee. However, it brings into focus the issue of the original sentence in the case and in the case of the killer of the late Garda Robbie McCallion. These gardaí were killed on duty while protecting their communities but because of the charges brought in one case the judge had to direct the jury it could not take into account the fact it involved a serving garda. It is a huge problem and disappointment for their families and colleagues that although the gardaí were doing their job protecting communities, and would otherwise not have been in the position they were on those evenings, no special focus was given to the individuals who killed them.

I am conscious of the work of the Law Reform Commission and the Minister's personal commitment about this but we must send out a message. The Minister stated the sentence for the murder of a garda is 40 years. I might be young but I can remember a time when it was a capital offence. These two guys are perceived as having got away relatively lightly and we also had the issue of the transfer of Martin McDermott. This is very difficult for the families of the gardaí, both of which I have spoken to, and for their colleagues. I am sure the Minister agrees the Oireachtas must send out a very strong statement about protecting not only gardaí but security forces and emergency personnel. I hope the Minister acts on the recommendations of the Law Reform Commission.

Alan Shatter (Dublin South, Fine Gael)
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I share the Deputy's concern. It is important that we provide maximum protection to members of the force. Should a member of the force die or be seriously injured in the course of carrying out their duties there should be appropriate legal mechanisms to bring people before the courts and sentence them. On the issue of manslaughter, it is open to the courts to impose a life sentence. As the Deputy is aware, the courts must independently determine what is the appropriate sentence in an individual case, based on the background circumstances.

I await with interest the recommendations from the Law Reform Commission. I assume the final report will address issues relating to members of An Garda Síochána, the Defence Forces and other emergency personnel who suffer injury during the course of their duties in circumstances in which individuals are engaged in criminality, but I do not wish to prejudge its outcome. It is worth noting that at the recent Garda Representative Association, GRA, conference there was a call for the imposition of a five year sentence on those individuals who might injure a garda in the course of carrying out their duties. It appears the fact that the law already provides for the possibility of a seven year sentence to be imposed by the courts if a garda is injured in the course of their duty was missed by those who made that call. There is an already existing offence of assault on a member of An Garda Síochána which, in appropriate circumstances, can result in the courts imposing a seven year sentence.