Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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2. To ask the Tánaiste and Minister for Justice and Equality his plans to amend the Chemical Act 2008 to deal with the regulation of sale of corrosive substances; if legislation is required to deal with the use of acid as a weapon; and if he will make a statement on the matter. [21174/19]

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I am sure the Minister will agree with me that the recent acid attack in Waterford on Tega Agberhiere and Padraig Sullivan and others was particularly horrific. It was particularly malicious. We need to consider whether our legislation is adequate to ensure that we can deal with the use of acid as a weapon and whether consideration should be given to the sale of certain products to minors.

Charles Flanagan (Laois, Fine Gael)
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I am aware of the vicious and horrific attack in Waterford City on 25 April where the perpetrators of a serious crime used a corrosive substance to attack three young victims. Garda investigations into this assault are continuing and I do not want to say anything in this House that might pre-empt that investigation in any way. I urge anyone with information to contact Waterford Garda Station on 051 305300 or the Garda Confidential Line 1800 666 111. This was a truly shocking incident. Corrosive substance attacks can result in some of the most horrendous, life-altering injuries and I utterly condemn the perpetrators of this violent attack. I expect that the full force of the law will be brought down on anyone found to have carried out such an attack in this jurisdiction. I wish the victims of this attack a speedy and full recovery. I spoke directly to the parents of the three boys in question and I acknowledge the particular and horrific nature of the crime.

In terms of criminal legislation, the punishment for such a crime can be up to life imprisonment and I cannot see that further criminal legislation is needed. I do acknowledge however what Deputy Ó Laoghaire has said. Assault offences are dealt with comprehensively under the Non-fatal Offences against the Person Act 1997.

The Deputy raised other legislation in particular the Chemicals Act 2008 which would primarily be a matter for my colleague, the Minister for Business, Enterprise and Innovation, Deputy Humphreys. I have spoken directly to her on this issue. I also refer to the Poisons Act 1961 which provides for the regulation and control of the distribution and sale of poisons, which is the responsibility of the Department of Health. The expertise in these matters rests in those two Departments. I have spoken directly to Deputy Humphreys and asked my officials to make contact with those Departments to see if there is anything further that needs to be done that might reduce the risk of similar attacks in the future.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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I echo the Minister's call for anyone who has information to come forward to the gardaí in Waterford. Mr. Agberhiere spoke after this appalling attack of the fear of being left blind and being left with permanent scars. Padraig Sullivan, another young man who was attacked in the same incident, described the pain as being like someone holding a lighter constantly on his leg, burning it, and afterwards it was as if his body numbed. These attacks are rare in this jurisdiction, however, I am concerned at the potential for them to be imitated and there is a rise in these kind of attacks in Britain. They are particularly malicious given that the attacker has chosen to use the substance as a weapon with the intent of causing maximum harm without the intention to cause death. We need to be proactive. I can ask the Minister to consider further actions that can be taken. Can acid in this form be considered under Irish legislation an offensive weapon?

Charles Flanagan (Laois, Fine Gael)
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I assure the Deputy that I would be happy to explore all avenues. I have been in direct contact with the Minister for Business, Enterprise and Innovation, Deputy Humphreys, who has responsibility for chemicals legislation and officials from my Department have been in touch with the Department of Health which has primary responsibility for poisons legislation. The Deputy mentioned a situation in the UK and I acknowledge that there has been an alarming number of acid attacks in the UK in recent years. Retailers there have been encouraged to make voluntary commitments in respect of the responsible sale of acids and corrosive substances. This voluntary commitment includes agreeing not to sell products that contain potentially harmful levels of corrosive substances to persons younger than 18 years. While not currently in place in this jurisdiction I would be keen to explore this. I would be happy to hear any suggestions the Deputy might have in respect of this. I will of course accept the primary criminal justice response in respect of this but other Departments are involved too.

Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein)
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The Minister has partly pre-empted what I was going to say. There is a voluntary code in Britain, and perhaps it could be put on a statutory basis in Ireland, that products which contain either 10% or 12% materials such as sulphuric acid, sodium hydroxide, hydrochloric acid, ammonium hydroxide and suchlike should not be sold to people younger than 18 years.

Perhaps that should be considered in the context of statute law. As far as I am aware, there is no restriction on those under 18 being able to purchase such materials. Some of these products are household goods and will have to be available to people to buy. That said, do we need to consider who they should be sold to, whether they should be sold to minors, who typically do not need them to the same extent, and whether restrictions are required?

Obviously, an attack of this kind could be considered a serious assault occasioning grievous bodily harm or a similar category of offence. However, will the Minister consider whether an attack using household products that can be acidic and can cause serious damage could be considered assault with a weapon? Are these products considered offensive weapons under current legislation? If not, will the Minister consider the position in respect of them? I am of the view that they should be classed in this way.

Charles Flanagan (Laois, Fine Gael)
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The short answer is "Yes". I have been examining the position in other jurisdictions, with particular reference to the laws in the United Kingdom, as mentioned by the Deputy. A new law was introduced last year in the UK that criminalised the possession of sulphuric acid above 15% in strength by a member of the public without a particular licence. The penalties for possession of such a substance without a licence are a maximum of two years imprisonment and an unlimited fine. In order to obtain a licence, applicants must disclose a legitimate purpose for acquiring the substance and any relevant health issues. While such individual licensing offences are not currently in place in this jurisdiction, I have listened closely to the Deputy and I would be happy to explore further whether reform is needed in this area. Attacks such as those referred to in the Deputy's question are most unusual in Ireland but that is not to say we should not be vigilant.