Seanad debates

Wednesday, 28 June 2023

Criminal Justice (Miscellaneous Provisions) Bill 2022: Committee Stage

 

10:30 am

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael) | Oireachtas source

This amendment was discussed extensively on Second Stage. It increases the maximum penalty for assault on gardaí and other peace officers from seven years to 12 years. We are all very conscious of the dedication and commitment of our front-line workers and the risks they take in the course of their duties. Recent violent incidents have shocked us all. Any police force, but particularly an unarmed police force, depends on absolute respect for the safety of its officers. We cannot accept any violence at any level. While such incidents are rare, there has sadly been an increase and we, as legislators, must send a very clear message that any such attacks are deplorable and will be dealt with robustly.

I am under no illusion that legislation can be the only answer in this regard. That is also the view of the Minister, Deputy Harris. However, a strong deterrent must be put in place to reinforce the safety of those who put themselves in harm's way to protect the public and to demonstrate our solidarity with them. The penalty for a section 3 assault causing harm is being increased from five years to ten years under the Bill. The increased penalty for an assault of an peace officer under section 19 to 12 years will maintain the existing relationship between the section 19 penalty and the section 3 penalty, reflecting the particular importance of protecting police and other front-line workers from aggression and violence in their role.

I am conscious that good arguments have been made that other particular categories of peace officer should be covered by this provision but I emphasise that the section 19 offence complements the already comprehensive provisions that are in place in respect of assault and that the increased ten-year maximum penalty for assault causing harm will, in itself, constitute an important protection and a deterrent against violence for all members of our society. Members of An Garda Síochána face a particular and unique challenge and this section reflects that.

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