Written answers

Wednesday, 22 October 2014

Department of Justice and Equality

Emergency Services Personnel

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Independent)
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112. To ask the Minister for Justice and Equality the penalties in law for attacking members of the fire service going about their business; if the law needs to be improved in view of the increase in the number of attacks on fire service staff; if members of the gardaí are needed to travel with fire staff to certain areas; if she will provide a full report on this issue; and if she will make a statement on the matter. [40624/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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There is specific legislation in place to deal with assaults of, or threats to, emergency workers in front line positions, which is contained in section 19 of the Criminal Justice (Public Order) 1994 Act (as amended by section 185 Criminal Justice Act 2006).

Section 19 provides that any person who assaults or threatens to assault a person providing medical services at or in a hospital or a peace officer acting in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine or a term of imprisonment not exceeding 12 months or both or on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both.

A peace officer refers to member of the Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces.

This offence also applies to assaults or threats to assault in relation to a person assisting a person providing medical services or a person acting to assist a peace officer.

Section 19 also provides for an offence of resisting or wilfully obstructing or impeding a person providing medical services, a peace officer or a person assisting them. In this regard an offender is liable on summary conviction to a fine or to a term of imprisonment not exceeding 6 months or to both.

The offences in section 19 were extended to hospital, ambulance and fire brigade personnel by means of section 185 of the Criminal Justice Act 2006 in order to address the problem of assaults and obstruction of personnel engaged in providing emergency services. In addition, in the case of an assault causing serious harm against emergency workers, an offender can be prosecuted under the Non-Fatal Offences Against the Person Act 1997 and could be subject to a maximum sentence of life imprisonment.

I hope the Deputy will agree that the law already recognises the gravity of any attack on emergency service personnel and members of An Garda Síochána who are carrying out their duty, and that the penalties which are in place clearly underline the seriousness with which such attacks are viewed .

In relation to the other issues referred to, the Deputy will appreciate that the fire services do not come within my remit, but I am assured that An Garda Síochána provide every appropriate assistance to emergency service personnel when they are requested to do so.Particular liaison is maintained with fire services and local authorities in the run up to Halloween and on Halloween night itself, in the context of overall policing plans to respond to issues of public safety and anti-social behaviour which can arise during this period.

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