Michael Harty (Clare, Independent)
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265. To ask the Tánaiste and Minister for Justice and Equality his views on whether many fire service Halloween callouts are prompted by anti-social behaviour and that attacks on fire service personnel are deplorable; and if he will make a statement on the matter. [50019/17]

Charles Flanagan (Laois, Fine Gael)
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I am, of course, concerned about any attacks against members of fire personnel, and can assure the Deputy that I utterly condemn all attacks on our emergency services personnel. Such acts represent a blatant disregard for the safety of the brave men and women who work in our emergency services, who risk their lives every day in the service of the people of our State.

The Deputy will appreciate that the fire services do not come within my remit, however, 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. 

Furthermore, I can advise the Deputy that there is specific legislation in place to deal with attacks on emergency workers in front-line positions, including fire service personnel.

The Criminal Justice (Public Order) Act 1994, as amended by the Criminal Justice Act 2006, provides explicit statutory protection for what are termed “peace officers”, which include members of the Garda Síochána, prison officers, members of the fire brigade, ambulance personnel and members of the Defence Forces. The Act also covers those working in medical services in hospitals, including doctors, nurses, psychiatrists and others involved in the provision of treatment and care. Section 19 of the 1994 Act provides that any person who assaults or threatens to assault any of these front-line workers 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.

It is also an offence under the 1994 Act, as amended, to resist, wilfully obstruct or impede a peace officer, or medical staff in a hospital, in the course of carrying out their work. The penalty on summary conviction for such an offence is a fine of up to €2,500 or imprisonment for a term of up to 6 months or both.

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 which deals comprehensively with a wide range of assault provisions, the more serious of which carry heavy penalties. That Act provides for penalties of up to 5 years in prison for an offence of assault causing harm and for a penalty of life imprisonment for an offence of causing serious harm. This general law relating to assault has application to all citizens, including front-line emergency workers such as fire service personnel.

As already outlined, the law recognises the need to protect members of the emergency services carrying out their duties and provides strong penalties where offences against front-line workers are committed.