Barry Ward (Fine Gael) | Oireachtas source

Cuirim fáilte ar ais arís roimh an Aire Stáit. Aontaím leis an mBille seo go ginearálta agus cuirim fáilte roimhe. Ag an am céanna, bhí mé ag éisteacht leis an Seanadóir Gallagher, a ndéanaim comhghairdeas leis ar ábhar an Bhille, nuair a bhí sé ag labhairt faoin bhfadhb atá ann agus faoi na figiúirí. Chuir sé sin an-imní orm. Aontaím leis maidir leis an bhfadhb atá ann agus maidir leis an méid atá le déanamh againn. Aontaím freisin leis an iarAire, an Teachta Flanagan, áfach. Dúirt sé go bhfuil fadhbanna ann le híos-phíonbhreitheanna éigeantacha a chur in áit. Aontaím go bhfuil sé sin an-deacair ar fad agus go ndéanfadh sé deacrachtaí dúinn mar Oireachtas.

I congratulate Senator Gallagher on the Bill. There is definitely a place for a very strong statement from the Oireachtas in respect of this kind of behaviour. To be perfectly honest, I have severe misgivings about the notion of minimum mandatory sentences in general, particularly in light of the fact that in the past seven days we discussed the Criminal Justice (Amendment) Bill 2021, which dealt with the Ellis decision from the Supreme Court. That decision specifically criticised decisions of the Oireachtas to put in place mandatory minimum sentences in relation to second offences. In that regard, I do not want there to be any confusion about my view of the subject of the Bill or the notion that we should in any way tolerate, endorse of condone the kind of behaviour Senator Gallagher has outlined in considerable detail. The notion that anybody going about his or her duty as an emergency worker and doing nothing but good for society and helping the people who need to be helped could come under attack, whether physical or verbal and whether resulting in physical, visible injury or not, is abhorrent. I did not think we saw as much of this here as is seen in other areas of the island. It is something I associate with more divided communities than I would with this jurisdiction. However, from the figures the Senator has outlined, it is obvious that there is a problem.

Given that this is Committee Stage, I look forward to looking at this Bill with a more focused eye and at how it might be amended to address some of the issues I am raising. The context in which an assault on an emergency worker is carried out is clearly an aggravating factor in any subsequent sentencing. It is therefore entirely appropriate for the Oireachtas to make it clear that this is a specific aggravating factor in the case of ambulance workers, members of the fire brigade responding to an emergency, members of An Garda Síochána or - and this is something I had not thought about - nurses, doctors and orderlies in hospitals. These are people who reach out to help people. If such people are being made the victims of assault or other abuse, it is absolutely appropriate that we, as a legislature, make a very clear statement that this should be an aggravating factor in sentencing and that, when a person comes before a court and is convicted of an offence in which there is a factual matrix that involves that kind of behaviour towards an emergency services worker, the tariff of sentence that person is facing should be increased.

In broad terms, I have a difficulty with the notion that we should set that figure for the court and direct that a judge must adhere to a particular minimum tariff. Every situation and every case is different. That is in no way an attempt to tolerate that behaviour but, broadly, I have a difficulty with the application of broad brushstrokes involving mandatory sentences. However, I congratulate Senator Gallagher on bringing forward this Bill as regards its subject matter and what it is hoped to achieve. I hope we can work on it to make it a little bit more flexible.