Robbie Gallagher (Fianna Fail) | Oireachtas source

I wish to give some background on the Bill for the benefit of Members were not present in 2019 when I brought it to Second Stage. The then Minister for Justice and Equality, Deputy Flanagan, was in attendance, as the Acting Chairman is aware, having also been present for that debate. The Minister of State, Deputy James Browne, is very welcome to the House. I thank the Members present for their attendance.

In the context of assaults on emergency workers, it is useful to make reference to the Health and Safety Authority, which back in 2007 categorised violence in terms of verbal abuse, threats and physical abuse. It gave examples of verbal abuse, which includes abusive or offensive language, personally derogatory remarks, profanity or obscene comments. In the context of threats, it referred to warnings of intent to injure, harassment, physical intimidation and threats with a weapon. As regards physical assaults, these can include slapping, pinching, punching, shoving, spitting, kicking and use of a weapon. I make those remarks by way of lead-in to the body of the Bill and the proposal to introduce stronger sentencing in respect of assaults on emergency workers.

Yesterday, the Taoiseach spoke on the need to protect public health as a priority. The Bill is about our responsibility to protect those who protect us, such as nurses, doctors, paramedics, fire brigade personnel, gardaí and all others involved on the front line when we, the public, need them. The consequences of violence against emergency personnel and healthcare workers can be very serious and can result in death or life-threatening injuries, reduced work interest, job dissatisfaction, decreased retention, more leave days, more sick leave days, impaired work functioning, depression, post-traumatic stress disorder and increased practice of defensive medicine. Workplace violence is also associated with higher incidence of burnout, lower patient safety and more adverse events.

Last year, there were 8,667 assaults on health staff. That is shocking. Of that number, 4,166, or 48%, of the victims were nurses and midwives, according to freedom of information figures quoted in the past week. Some 6,900 of the assaults involved direct physical attack, while 60 were sexual assaults and 1,707 were verbal. Aggression and violence against healthcare staff has become a national and international problem in recent years. These assaults can be violent and the incidence of physical and verbal abuse is also quite high.

The figures represent a significant increase on the number reported in 2019, which stood at 1,098 and was, in turn, higher than the 948 reported in 2018. The reasons given for this significant increase include the issue of hospital overcrowding due to Covid, short staffing and long waits for patients creating tension and frustration within the walls of hospitals. The Covid-19 pandemic has exacerbated the frustrations people are experiencing. However, these reasons are not excuses.

In October, an Irish nurses group called for more protection for its workforce. The issue of assaults against medical and emergency personnel is not a new one but, unfortunately, aggression and violence against personnel such as nurses has been a national and international problem in recent years. It is particularly concerning that general nurses tend to be the ones singled out for these assaults, some of which have been very serious. These nurses lose time as a result of the assaults as they have to get their injuries looked after. Shockingly, knives have been used and, in one case, even a gun was used. These incidents can be very violent. A lot of this is physical abuse but the incidence of verbal abuse is quite high as well and no one should underestimate the effect verbal abuse has on individuals.

The abuse extends to the National Ambulance Service. According to information released under the Freedom of Information Act, as of February 2020, 114 assaults on ambulance staff had been reported in the previous two years. The figures show there were 114 assaults against ambulance staff in 2018 and 2019. It has been claimed that many of these assaults go unreported. Of the assaults reported, 70 were physical, 43 were verbal and one was of a sexual nature. According to the National Ambulance Service, a survey conducted several years ago found that 68% of its staff stated they had been assaulted in the previous two years. The staff of the National Ambulance Service are trained in the management of violence and aggression.

The staff of the fire and emergency services, including the fire brigade, are also suffering assaults. They have been seeking urgent steps to offer better protection to front-line workers who are increasingly the target of violent assaults. As of September 2018, Dublin City Council figures revealed that 102 cases of assault were reported by the service’s front-line firefighters and paramedics in the five years between 2013 and the end of 2017. They, too, claim that assaults are more commonplace than reported or suggested. It is said these incidents have become so regular they are only reported when physical contact is made or an injury occurs. Some crew members have actually come to see it as an occupational hazard, but this is surely unacceptable and should not be tolerated. Front-line emergency staff deserve better, and the Bill intends to ensure they receive better protection.

There are numerous example of assaults on emergency personnel each year. In July 2018, two fire brigade paramedics were assaulted in Dublin city in two separate incidents. One of the paramedics lost two front teeth when he was punched in face, while his colleague had blood spat in his face. In October 2019, rocks were thrown at a fire engine in the south of the city. However, the issue is not confined to cities. In November 2020, crews from the Tipperary fire and rescue service came under attack from a group of youths who threw rocks and bottles, causing substantial damage and a safety threat to the crew.

Gardaí also have to endure ongoing physical attacks. Between 2016 and 2019, there was a 19% increase in assaults on members of An Garda Síochána.There has been a steady increase in reports of gardaí being assaulted while working since 2016, when 704 assaults were recorded. These assaults range from obstruction to minor assault and assault causing harm. I will give some examples. In May 2021, gardaí and ambulance personnel came under attack as they attempted to treat a 14-year-old boy who rang the ambulance service seeking help as he was injured. When the ambulance came to assist him in his moment of need, it was attacked by a mob. The ambulance crew contacted the Garda to come to its assistance and when gardaí arrived on the scene, they were also subjected to stone throwing and assault.

The Bill also relates to emergency vehicles being rammed. Unfortunately, this is a new development which has crept in and is becoming more prevalent. Unfortunately, I have several examples. In January 2020, two gardaí were injured in County Leitrim when the occupants of a stolen four-by-four vehicle attempted to ram the Garda car off the road. Both members ended up in hospital. In January 2021, a garda was taken to hospital for treatment of non-life threatening injuries after an incident in Donegal. A garda was brought to hospital after a patrol car was rammed in County Kilkenny on 26 May last year. In October 2020, a man deliberately tried to knock down a garda before ramming two garda patrol cars in the course of a high-speed pursuit. He was subsequently jailed for that incident. In west Cork, a garda was dragged 100 ft by a car during a drug search. The garda, a woman, sustained serious leg injuries among other injuries. These incidents highlight the increased dangers gardaí face in the line of duty.

More than 5,500 gardaí have been injured in the line of duty since 2005. The vast majority of these injuries, according to the GRA, are caused maliciously. The injuries sustained by gardaí include internal injuries, broken bones and cuts needing multiple stitches. Gardaí have been shot at, had their cars rammed, have been dragged along roads by cars and have been assaulted with a variety of weapons. These incidents have occurred in both urban and rural settings throughout the country. Some have resulted in life-threatening and life-changing injuries. The GRA has repeatedly called for stronger legislation to deal with people who assault gardaí and members of all the emergency services as they go about their duties.

Unfortunately, trends indicate that this problem is not confined to this country. In France, 75 firefighters were attacked for each 140,000 interventions by region in 2017. In Italy in 2020, 50% of nurses were verbally assaulted in the workplace, 11% experienced physical violence, while 50% of physicians were verbally assaulted and 4% were physically assaulted. There was a similar story in Spain where nurses and emergency workers are constantly abused.

In India, the Government made violence against emergency service workers an offence punishable by up to seven years' imprisonment following various episodes of violence and harassment against workers. In Australia, the minimum sentence for anyone convicted of assaulting an emergency worker is seven years, with a maximum sentence of 15 years for more serious assaults. In the UK, legislation provided for sentences of six months but a minimum sentence of two years was introduced in the past six months for anyone convicted of assaulting an emergency worker.

All workers have a right to be safe on their job and healthcare workers are no exception. An attack on the emergency services is an attack on us all. As legislators, we are duty-bound to protect those who protect us.

In 2018, the then Minister for Justice and Equality, Deputy Charlie Flanagan, indicated that there were some legal issues with the Bill as initiated, particularly as regards mandatory sentences. However, the Minister then supported the idea and the Bill passed all Stages in this House with the support of all Members present. I was grateful to all Senators for that.

The offences created under this legislation are assault on an emergency worker and ramming an emergency vehicle. It also provides that those convicted of such offences would not be entitled to parole and would have to serve their full sentence. The Minister advised that the best way to address the issues the Attorney General raised with the Bill at the time would be to provide for a presumptive minimum sentence and a presumptive maximum sentence, similar to legislation in place in the Firearms Act and Misuse of Drugs Act. We have taken those steps based on the Minister's remarks in June 2019.

The Bill essentially addresses offences on indictment. There is a view that there is ample legislation in place to deal with summary offences. The Non-Fatal Offences Against the Person Act 1997 deals with most offences, whereas this Bill deals with serious offences.

We owe a debt of gratitude to all our emergency workers who go out day and night to protect us. When we are in need, whether that is of medical attention or when we or our property is in danger, we turn to our emergency service workers to help us out. When we call they always listen because they are always there. We do not need reminding of that but Covid-19 has shown us the lengths to which our emergency services, particularly healthcare workers, have gone to protect us. We are duty-bound to do all we can to protect those who protect us.

As I said, an attack on an emergency service worker is an attack on all. It saddened me to hear on RTÉ's "This Week" programme last Sunday, Ms Phil Ní Sheaghdha of the Irish Nurses and Midwives Organisation speak of a colleague, a community nurse, who was called out on a house call after the lady of the house suffered injuries to her leg. It became clear that the injuries were inflicted by the husband who was quite aggressive when the nurse arrived. When the nurse said she would address the needs of the woman, the gentleman reached for a poker and held it over her head and threatened to hit her with it. In another example, a nurse was threatened with a knife and in another, a nurse was even threatened with a gun. This has gone too far, as highlighted by the fact that these offences are increasing rather than decreasing year on year. It is up to the Oireachtas to send a clear message that our emergency workers are there to be protected.They help and benefit us all, especially in our moment of need. We are letting them down by not putting out a strong message to the public that assaults on emergency workers will not be tolerated. That matter needs to be addressed.

I know there are different circumstances in every case. Whenever an individual comes before a court, special circumstances will relate to the case and I have no doubt that judges take these into account when sentencing. That said, our job, as legislators, is to set out what we feel should be the minimum and maximum sentences for offences, while at all times allowing the courts the flexibility to adjudicate and deliver whatever sentence they see fit based on the evidence presented, as is only right. However, it is imperative that we grasp the nettle and send a message out that we are here to protect our emergency workers. The law of the land needs to speak very clearly as to what anyone who strays over that line without good reason, if there every could be such a reason, can expect.