Bernard Durkan (Kildare North, Fine Gael)
Link to this: Individually | In context | Oireachtas source

167. To ask the Minister for Justice and Equality the action that continues to be taken to address the issue of threats and intimidation against individual members of An Garda Síochána; and if she will make a statement on the matter. [35208/16]

Frances Fitzgerald (Dublin Mid West, Fine Gael)
Link to this: Individually | In context | Oireachtas source

The Deputy will appreciate that it would not be appropriate for me to detail the operational measures that the Garda authorities may take, or would take generally, in relation to threats against members of An Garda Síochána. However, I can assure the Deputy that whatever protective and detection measures are deemed appropriate by the Garda authorities are of course taken. More generally, tackling serious and organised crime and addressing the harms it gives rise to at all levels in our community is a central policing priority, and An Garda Síochána has my full support for the strategies it has in place to give effect to this commitment.

While the criminal law in this area is kept under ongoing review, there are already a range of robust legislative provisions available, including specific legislation to deal with assaults to emergency workers, including Gardaí. These are the provisions of section 19 of the Criminal Justice (Public Order) Act 1994, as amended by section 185 of the Criminal Justice Act 2006.

Section 19 provides that any person who assaults or threatens to assault a "peace officer" acting in the execution of their duty is guilty of an offence and is liable on summary conviction to a fine of up to €5,000 or a term of imprisonment of up to 12 months or both, or on conviction on indictment, to a fine or imprisonment for a term of up to 7 years or both. The maximum sentence was increased from 5 years to 7 years under the 2006 Act.

A "peace officer" refers to a member of the Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces. In addition, in the case of assault causing serious harm, 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.

Therefore, the law already recognises the gravity of any attack on Gardaí and other members of the emergency services carrying out their duties and the penalties in place reflect the seriousness with which such acts are viewed.