Seanad debates

Tuesday, 23 May 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Second Stage

 

12:30 pm

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

I am conscious of the dedication and commitment of our front-line workers, as I know Senators are. I am also conscious of the risks they take. I attended a Garda memorial day on Saturday at which we paid tribute to the 89 men of An Garda Síochána who lost their lives in the line of duty. We live in a country where there is great respect for the police. Surveys indicate that we live in a country whose confidence in its police force is among the highest in the EU. However, when there is an assault or attack, it is not enough for those of us in here just to condemn it, wring our hands and say how sorry we are; we, as legislators, actually have to change the law to send a very clear message of solidarity and support to gardaí. We should not just send it to gardaí but also to people working in the ambulance service and the fire brigade, peace officers and people providing medical assistance, such as nurses and doctors, and those who help them. We are sending a message to the Judiciary, the courts, that under this legislation and the Committee Stage amendment that will follow, the maximum sentence for ramming an emergency vehicle or attacking or assaulting members of the emergency services will be 12 years rather than seven. There is evidence that an increase in maximum sentences sees an upward trajectory or pressure in respect of sentences given. I know I have support across all parties in Seanad Éireann in this regard.

I expect Government approval to be sought in the coming weeks regarding several further matters. These include a broadening of the protection against cross-examination in person by the accused to cover a much broader range of offences beyond sexual offences. This is really important. There was a Private Members' Bill in this House on extending the protections so victims would not be re-traumatised. Other matters on which Government approval are to be sought include measures to protect the identity of the alleged victim in harassment and stalking cases; provision for civil restraining orders to be made on an interim basis; provision for certain technical amendments in respect of child sentencing, particularly where the child becomes an adult while an appeal is pending; and several technical and consequential amendments, including measures to address certain drafting issues in the Communications (Retention of Data) Act 2022 and other Acts.

Work is ongoing with the Attorney General's office on complex amendments to the Criminal Justice (Mutual Assistance) Act 2008 to facilitate co-operation with the European Public Prosecutor's Office. It is intended that these will also be introduced on Committee Stage, but that is dependent on the work being completed in sufficient time.

I thank Senators for their work on this Bill so far and look forward to discussing it in this House.

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