Brendan Smith (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

498. To ask the Tánaiste and Minister for Justice and Equality his plans to implement specific penalties for those found to have damaged life-saving equipment such as defibrillators as contained in the Life Saving Equipment Bill 2017; and if he will make a statement on the matter. [45949/17]

Niamh Smyth (Cavan-Monaghan, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

533. To ask the Tánaiste and Minister for Justice and Equality his views on the Life Saving Equipment Bill 2017 which provides specific penalties for those found to have damaged life-saving equipment such as defibrillators; and if he will make a statement on the matter. [46620/17]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 498 and 533 together.

There is already strong legislation in place to deal with criminal damage to property generally. The Criminal Damage Act 1991 provides for a range of offences and significant penalties for damaging property. Under that Act it is an offence to damage, threaten to damage or possess anything with intent to damage property. The term "to damage" is broadly defined in the Act as including "to destroy, deface, dismantle or, whether temporarily or otherwise, render inoperable or unfit for use or prevent or impair the operation of" the property concerned.

Section 2 of the 1991 Act provides that a person who, without lawful excuse, intentionally damages any property belonging to another or is reckless as to whether any such property would be damaged is guilty of an offence. It also provides that a person who, without lawful excuse, intentionally damages any property or is reckless as to whether any property would be damaged and who intends by that damage to endanger the life of another or is reckless to such endangerment is guilty of an offence. This latter provision has particular relevance in the context of damage to life-saving equipment.

A person found guilty under section 2 of the Act may be liable, on conviction on indictment, to a fine and imprisonment for up to 10 years or for life, depending on the nature of the offence.

The response to this Private Members Bill, which provides a maximum penalty on conviction on indictment of imprisonment for up to 5 years, will be a matter in the first instance for Government.