Written answers

Tuesday, 18 November 2014

Department of Justice and Equality

Legislative Measures

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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277. To ask the Minister for Justice and Equality if she has given further consideration to this Deputy's draft ramming of Garda vehicles Bill, whereby ramming of a Garda vehicle would become a specific serious criminal offence to try to deter further incidences; and if she will make a statement on the matter. [43907/14]

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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278. To ask the Minister for Justice and Equality the number of incidences of ramming of Garda vehicles over the past five years; the number of gardaí injured or otherwise in such incidents; the number of related convictions that have occurred; and if she will make a statement on the matter. [43908/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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I propose to take Questions Nos. 277 and 278 together.

The Deputy will be aware that I consider the deliberate ramming of a Garda vehicle to be a very serious matter. It is the case that all incidents of this nature are subject to full and determined investigation by An Garda Síochána.

The Deputy will also be aware from my previous correspondence with him in relation to his proposals for a Ramming of Garda Vehicles Bill, which has been the subject of further consideration, is that there is already a range of robust road safety and other legislative enforcement provisions available to the Garda authorities in such circumstances.

Such legislative provisions include the wide range of assault offences contained in the Non-Fatal Offences Against the Person Act 1997 and for which penalties range from up to 5 years imprisonment to life imprisonment depending on the seriousness of the offence involved. In addition, section 19 Criminal Justice (Public Order) Act 1994 provides for specific offences relating to assaults on "peace officers" which includes members of An Garda Síochána. The penalty for this offence was increased from 5 to 7 years imprisonment by section 185 Criminal Justice Act 2006 which also provided for the criminalisation of threats to assault. I would also add that section 2 Criminal Damage Act 1991 provides for the offence of damage to the property of another person for which the penalty is a maximum of 10 years imprisonment. The Road Traffic Act 1961 (as amended) provides for offences of driving without reasonable consideration, careless driving and dangerous driving, and an offence of dangerous driving which causes death or serious bodily harm carrying a penalty of up to 10 years imprisonment. In addition, as the Deputy will appreciate if the ramming of a Garda vehicle resulted in a death, an offence of attempted murder, murder or manslaughter may be considered applicable with the resultant penalties including mandatory life imprisonment for a conviction for murder.

In so far as the Deputy's proposals concerning presumptive mandatory sentencing are concerned, I would draw his attention to the Law Reform Commission 2013 Report on Mandatory Sentences, which recommends the repeal of the existing presumptive mandatory minimum sentence provisions for various drugs and firearms offences. I would also note that the Report on the Strategic Review of Penal Policy which was published in September recommended that no further mandatory sentences or presumptive minimum sentences should be introduced.

I have requested an updated Garda report in relation to the number of Gardaí injured arising from such incidents and will contact the Deputy directly as soon as that information is available.

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