Seanad debates

Tuesday, 16 May 2023

Nithe i dtosach suíonna - Commencement Matters

Emergency Services

1:00 pm

Photo of Simon HarrisSimon Harris (Wicklow, Fine Gael) | Oireachtas source

I thank Senator Gallagher for raising this matter and, more important, for his ongoing work, leadership and advocacy on this. I thank him for meeting with me and my officials and the team in the Department of Justice on a number of dates and for constantly keeping this issue on the agenda. I share his view. I know, as Minister for Justice and as a former Minister for Health, that every day thousands upon thousands of people get up in the morning and put on a uniform, put themselves on the front line and, often, put themselves in harm's way. They close the doors of their homes in the morning and go off to work and leave behind them families worried about their safety in the workplace. While we live in a country where there is, I think, very significant appreciation for the work of gardaí, the work of people in our health service and the work of our emergency services in general, we also, sadly, live in a country where we have seen an uptick in violent attacks. I am pleased that we still live in a country where we are repulsed when that happens, when people call it out. It is not enough, however, just to condemn it; we have to make sure as legislators that we change the law and have legislation that is robust. I know that is what Senator Gallagher very much wants to do, and we have a shared aim in that regard.

I am extremely grateful, as I know Senator Gallagher is, to all front-line workers for their outstanding dedication, their steadfast commitment to serving the public and the critical role they play in our society. The recent surge in violent incidents shocked and appalled people right across this country. Any police force, but an unarmed force in particular, depends on broad social acceptance of its authority and respect for the safety of its officers. While serious physical attacks on our gardaí are relatively rare, a strong deterrent must be put in place to strengthen the social norm that violence at any level towards any officer is absolutely unacceptable. Front-line workers must be protected in carrying out their work, and the law, I am pleased to say, already reflects that. There are a range of robust legislative provisions available to the Garda authorities in circumstances in which threats or assaults are made against front-line workers.There is already a specific offence of assault on peace officers, which includes gardaí, 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 latter penalty was increased from a maximum term of five years in 2006. However, I am committed to working with Senator Gallagher to do more and to go further. We need to take further action to protect gardaí and all front-line emergency workers, and their vehicles. To that end, I intend to bring forward an amendment to the Criminal Justice (Public Order) Act 1994 to increase the maximum penalty available for assaulting a peace officer to 12 years, and I am assured that the drafting of that will encapsulate the ramming of emergency vehicles as well. I will continue to work with Senator Gallagher on this matter.

I intend to provide what I know is the thrust of his Bill, and the intent which he wishes to provide in it. I intend to provide for it in the Criminal Justice (Miscellaneous Provisions) Bill 2022. I hope to bring an amendment to Cabinet this month, and I hope that this legislation can be enacted before these Houses go into summer recess. This Bill will also see an increase in the maximum penalty available for assault causing harm under section 3 of the Non-Fatal Offences against the Person Act 1997 from five years to ten years. In other words, we will increase the maximum sentence for assault causing harm from five to ten years for the population at large, but we will also increase the seven years to 12 years specifically in relation to peace officers and front-line workers, including gardaí, nurses and others.

As Senator Gallagher will be aware, the justice plan commits to supporting the enactment of the Garda Síochána (Recording Devices) Bill 2022. This Bill completed Second Stage in the Dáil on 9 February 2023. I hope to see it enacted this year. It is also important, as it will provide gardaí with bodycams, which I think is another additional protection to them as they go about their business. I thank Senator Gallagher for his leadership and work on this. I confirm to him that I intend to amend the legislation, that I will take on board his Bill in doing so, and will work closely with him as we try to get this Government legislation, which will incorporate his thinking, enacted by the summer recess.

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