Written answers

Tuesday, 20 June 2006

Department of Justice, Equality and Law Reform

Proposed Legislation

10:00 pm

Photo of Charlie O'ConnorCharlie O'Connor (Dublin South West, Fianna Fail)
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Question 399: To ask the Minister for Justice, Equality and Law Reform the plans he has to introduce specific legislation to penalise those who are guilty of attacks on health care workers; and if he will make a statement on the matter. [23387/06]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 419: To ask the Minister for Justice, Equality and Law Reform his views on new legislation which would give additional protection to emergency workers that come under attack from persons while doing their job; if his attention has been drawn to a similar range of additional penalties that exist in the United Kingdom; and if he will make a statement on the matter. [23743/06]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 399 and 419 together.

As the Deputy will be aware the Criminal Justice Bill 2004 which is awaiting Report Stage in this House makes specific provisions in relation to attacks on emergency workers. Section 182 of the Bill as amended by the Select Committee on Justice, Equality, Defence and Women's Rights amends section 19 of the Criminal Justice (Public Order) Act 1994. Section 19 currently provides for specific offences relating to assaulting or obstructing a peace officer, that is, a member of the Garda Síochána or the Defence Forces or prison officers acting in the execution of their duty. Section 182 of the Criminal Justice Bill expands the definition of 'peace officers' to include members of the fire brigade.

In addition the Bill further amends section 19 in order to create specific offences of threatening, assaulting, resisting, wilfully obstructing or impeding doctors, dentists, nurses, midwives, pharmacists, other health service workers and any persons assisting them in or at a hospital. The penalties in relation to an offence under section 19 of the 1994 Act are also being increased. The maximum penalty for assault or threats to commit assault will be a fine and/or 7 years imprisonment. The maximum penalty in relation to wilful obstruction or impeding health service workers will be a fine of €2,500 and/or 6 months imprisonment.

Although the law already provides for a range of assault type offences, I believe the special demands of acting in an emergency situation necessitate explicit statutory protection for this essential group of workers and those assisting them. That is why I brought forward my proposals to extend the existing offences relating to assaulting or obstructing peace officers to other workers providing emergency services. I am pleased that the Select Committee agreed my proposals on 14 June 2006.

I am concerned that ambulance personnel acting in the execution of their duty outside the hospital environment should be comprehensively covered by these special statutory provisions. Accordingly I intend to bring forward a Report Stage amendment to include ambulance personnel in the definition of "peace officer". This will put them on the same footing and give them the same protection as members of the Garda Síochána and the Defence Forces and prison officers. I am aware that an Emergency Workers (Obstruction) Bill is currently before the Parliament of the United Kingdom and also that the Scottish Parliament enacted similar legislation last year.

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