Written answers

Tuesday, 16 January 2018

Department of Justice and Equality

Public Sector Staff Safety

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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478. To ask the Tánaiste and Minister for Justice and Equality the number of court convictions in each of the past five years for assaults on front-line staff including those in health care employments, An Garda Síochána, fire services and prison services; the number of those convicted who received prison sentences; and if he will make a statement on the matter. [54335/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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As the Deputy is aware, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service, which is independent in exercising its functions, which include the provision of information on the courts system.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that it is not possible to provide most of the information sought by the Deputy as, for reporting purposes, it is not possible to differentiate between occupations or employment types of individuals assaulted.

The Courts Service has advised that the primary statutory provisions in relation to assault are contained in Section 2 (minor assault), Section 3 (assault causing harm), Section 4 (assault causing serious harm) and Section 18 (assault with intent to cause serious bodily harm) of the Non-Fatal Offences Against the Person Act 1997 and that most prosecutions for assault on individuals regardless of occupation, fall within the aforementioned sections.

The Courts Service has also advised that the following offences are specifically recorded in relation to members of An Garda Síochána: 

- Assault with intent to resist lawful apprehension;

- Assault on a Peace Officer. 

The following table provides details of convictions in respect of these two offences. However, most assaults against members of An Garda Síochána are prosecuted under Sections 2, 3, 4 and 18 of the aforementioned Act and consequently it is not possible to identify those assaulted persons who were members of An Garda Síochana.

Report on the number of convictions in the District Court from 1 January 2013 to 30 November 2017 for assault on a Peace Officer and assault with intent to resist lawful apprehension. Please note that data for December 2017 is not yet available.

-Conviction Orders in 2013Defendants in 2013Conviction Orders in 2014Defendants in 2014Conviction Orders in 2015Defendants in 2015Conviction Orders in 2016Defendants in 2016Conviction Orders Jan - Nov 2017 Defendants Jan - Nov 2017
Fine22222111
Community 

Service Order
331111
Imprisonment/

Detention
7632443342
Imprisonment/

Detention Part Suspended
11
Imprisonment/

Detention Suspended
6665534311
Peace Bond2211
Total1817121011910886

Note: If a Defendant received more than one Order, they will appear more than once on the report under Orders.

Photo of Noel GrealishNoel Grealish (Galway West, Independent)
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479. To ask the Tánaiste and Minister for Justice and Equality the legislation he plans to introduce to counter the number of assaults on frontline staff, including those in health care employments, An Garda Síochána, fire services and prison services; when such measures are likely to be in force; and if he will make a statement on the matter. [54336/17]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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There is specific legislation in place to deal with assaults on emergency workers in front-line positions. 

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.

In conclusion, the law already 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.  There are currently no proposals for further legislation in this regard but the situation is kept under review.

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