Pat Rabbitte (Dublin South West, Labour)
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Question 306: To ask the Minister for Justice, Equality and Law Reform if he will bring forward legislation to introduce a power of arrest for offences under section 2 of the Non-Fatal Offences Against the Person Act 1997, to facilitate gardaí in dealing with such assaults; and if he will make a statement on the matter. [41752/09]

Dermot Ahern (Louth, Fianna Fail)
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As the Deputy may be aware sections 2, 3 and 4 of the Non-Fatal Offences Against the Person Act 1997 provide for three categories of offences of assault respectively. Section 2 provides for an offence of assault. Section 3 provides for an offence of assault causing harm and Section 4 for an offence of assault causing serious harm. Offences under sections 3 and 4 of the Act come within the definition of "arrestable offences" as set out in Section 2(1) of the Criminal Law Act 1997 (as amended by Section 8 of the Criminal Justice Act 2006), meaning an offence where an arrest of a person may be punished by imprisonment for a term of five years or by a more severe penalty and includes an attempt to commit any such offence.

In addition to the provisions of the Non Fatal Offences Against the Person Act 1997, the Criminal Justice (Public Order) Act 1994 (as amended) provides in Section 6 (1) that it is an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned. Section 18 provides for an offence of assault with intent to cause bodily harm and Section 19 (as amended by section 185 of the Criminal Justice Act 2006) provides inter alia for an offence of assaulting a peace officer acting in the execution of his or her duty.

In respect of any of the offences set out in the Criminal Justice (Public Order) Act 1994, Section 24 (1) provides that where a member of the Garda Síochána finds any person committing an offence under a relevant provision, the member may arrest such a person without a warrant. I have not been advised of any particular problems in this area and have no immediate plans to introduce a power of arrest in respect of an offence under section 2 of the Non Fatal Offences Against the Person Act 1997. I will, however, keep the matter under review.