Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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11. To ask the Tánaiste and Minister for Justice and Equality if he will provide an update on the recent commitment given by him to amend laws to increase sentences for assaults which cause harm to members of An Garda Síochána and other emergency service workers; if a maximum sentence of 12 years for assaults will be introduced; if so, if he can provide a timeline for same; and if he will make a statement on the matter. [24172/23]

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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I understand that, on Tuesday, the Government agreed to a proposal from the Minister to amend laws to increase sentences for assaults causing harm to members of An Garda Síochána and other emergency workers. The amendments will change the maximum sentence for assaulting or obstructing a police officer - a garda - and other emergency workers from seven to 12 years. These changes will be unanimously supported in this House. Will the Minister elaborate on the timeline that he envisages for these changes to be implemented?

Simon Harris (Wicklow, Fine Gael)
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I thank Deputy O'Sullivan for raising this matter today and previously, and for his support for what I think is a practical, common-sense measure that we can take in this House to show solidarity with the men and women of the Garda Síochána and to show solidarity with their families. Those families worry when they hear the door open at an early hour in the morning, and maybe remain concerned knowing their loved one is putting themselves in harm's way on occasion, until they hear that door close again later in the day or in the evening.

From the outset, I want to make it clear that I am extremely grateful to all front-line workers, all members of An Garda Síochána, all peace officers as we term them, and all those working in our emergency services, for their outstanding dedication and commitment to serving the public, and for the important role they play in our society. It is imperative that front-line workers and peace officers are able to go about their work safely and that the law reflects the importance of this.

For the most part, the relationship between gardaí and the public is built on one very significant issue, that is, trust. We only have to look to the fact An Garda Síochána is largely unarmed and yet hugely effective when it comes to community policing. Those who perpetrate violence against members of An Garda Síochána or any of our courageous emergency services must face the full rigour of the law. An assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces is an offence under section 19 of the Criminal Justice (Public Order) Act 1994. A person convicted of such an offence is currently liable to a fine or to imprisonment for a term not exceeding seven years, or both, and that seven years was increased from five years in 2006.

However, the Government is committed to taking further action to protect gardaí and front-line workers. To that end, as the Deputy rightly said, I have secured Government agreement just this week to bring forward an amendment to the public order Act to increase the maximum penalty available for assaulting a peace officer to 12 years. These changes will send a very clear message that attacks on front-line workers will not be tolerated and will be dealt with robustly. Also, as part of my Department's justice plan, the anti-social behaviour forum, chaired by the Minister of State, Deputy James Browne, will review the already very strong powers available to An Garda Síochána in relation to public order and anti-social behaviour to determine whether any further legal powers would assist their role. I intend to make the legislative change in this regard before the summer recess and I intend to introduce it in the Seanad on Committee Stage.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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It is excellent to hear it is making such swift progress. As I said, it will be unanimously welcomed in the House, I would imagine. I welcome the amendments. For some time, we have needed tougher legislation to crack down on criminals who seriously attack the very people who put their own personal safety on the line every day to serve others. The most recent incident with a full-time worker involved a prison officer being very seriously attacked in Mountjoy, which left him with very serious injuries. In fact, I know of two prison officers in Cork who have recently been assaulted and, unfortunately, they are both still out of work. Recent figures indicate that assaults on prison officers in particular have increased by 46% between 2021 and 2022. Are there any other measures the Minister is looking at, given these increased attacks on emergency workers and front-line workers?

Will the Minister clarify to whom "emergency cohorts" refers?

Simon Harris (Wicklow, Fine Gael)
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I express my solidarity with those members of the Prison Service whom Deputy O'Sullivan referenced. Of course, prison officers will be covered by this change, as will those providing medical assistance, those working in the National Ambulance Service, the Defence Forces, and members of An Garda Síochána and of the fire service. We are referring to people who are currently termed and defined under the legislation as "peace officers". There is also a provision for those who are assisting those peace officers, so anyone who is assisting those providing an emergency service will also be covered.

There are more measures we intend to take and I do not suggest by any manner or means that this law is the end of the matter. We need to do what the Association of Garda Sergeants and Inspectors, AGSI, and the Garda Representative Association, GRA, and others have called for, which is to look at the whole public order Actvis-à-visantisocial behaviour. Gardaí face threats and come across scenarios now that the current legislation did not envisage. We have to look at the equipment gardaí have, at things like their pepper spray, their gloves and their uniform. That is being looked at by the Garda Commissioner in terms of any extra protections that can be provided, but the best protection we can give them is more colleagues. Growing the number of prison officers, gardaí and so on is essential.

Pádraig O'Sullivan (Cork North Central, Fianna Fail)
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Everybody in this House would welcome any attempts to improve the lot of An Garda Síochána in particular. The Minister referenced body cameras earlier, and I would be supportive of such a measure myself.

The amendments the Minister is bringing forward will increase the maximum sentences from seven to 12 years. Has he given any consideration to introducing minimum sentencing? Is that something that has been considered? If not, will the Minister explain the rationale for that?

Simon Harris (Wicklow, Fine Gael)
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I will reflect on the point the Deputy made as we take the legislation through the Oireachtas. We did look at the issue of maximum and minimum sentences. There can be constitutional concerns around the issue of mandatory minimum sentences, but there is quite a bit of evidence that where maximum sentences are increased, it results in an upward pressure or trajectory in terms of sentences that are handed down by the Judiciary.

I am really glad Deputy O' Sullivan mentioned body cameras. I have mentioned them since the first day I became Minister for Justice and will mention them until the last day. I will keep on mentioning them because they are a really practical way to help members of An Garda Síochána. The idea that gardaí attending protests and other incidents are often the only people who do not have a camera is beyond ironic. It is dangerous. When gardaí turn up at a domestic violence incident, often the first few seconds after they get in the hall door can be the most important and the idea they do not have a body camera to capture that is unacceptable. That is why a number of organisations and agencies have called on us to do this and I am determined that we pass this legislation this year.