Written answers

Wednesday, 19 January 2022

Department of Justice and Equality

Legislative Programme

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
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1241. To ask the Tánaiste and Minister for Justice and Equality if she has specific legislative plans to address the issue of damage and theft of life-saving equipment including defibrillators and lifebuoys; and if she will make a statement on the matter. [1098/22]

Photo of Duncan SmithDuncan Smith (Dublin Fingal, Labour)
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1275. To ask the Tánaiste and Minister for Justice and Equality if her attention has been drawn to the continued criminal damage been carried out on public access defibrillators around the country; if there is a mechanism to highlight this damage and increase the penalty on those found guilty of damage to these life-saving devices; and if she will make a statement on the matter. [1820/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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I propose to take Questions Nos. 1241 and 1275 together.

I condemn in the strongest terms any acts of vandalism or theft involving life saving equipment such as defibrillators and life buoys.

I am advised that a person who damages life saving equipment would be liable to prosecution for an offence of criminal damage under section 2 of the Criminal Damage Act 1991. A person convicted of such an offence would be liable on summary conviction to a fine not exceeding €2,500 or imprisonment for a term not exceeding 12 months or both. On conviction on indictment, the general penalty is a fine not exceeding €22,220 or imprisonment for a term not exceeding 10 years or both. Where the offence committed involves arson or where the damage is committed with the intent by the damage to endanger the life of another or being reckless as to whether the life of another would be thereby endangered, the person concerned is liable to a fine or imprisonment for life or both.

I am also advised that a person who engages in the theft of lifesaving equipment would be liable to prosecution for an offence of theft under section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001. A person convicted of such an offence would be liable on summary conviction to a Class A fine (up to €5000)  or imprisonment for a term not exceeding 12 months or both such fine and imprisonment. On conviction on indictment, the penalty is a fine or imprisonment for a term not exceeding 10 years or both.   

The investigation of any allegations of offences committed under these Acts would be an operational policing matter for an Garda Síochána. I would encourage anyone with knowledge of damage or vandalism of life saving equipment to report this to the local Garda station.

It is always the case that the adequacy of legislation is kept under ongoing review, including the associated sentences, and that is the case in relation to the issue raised by the Deputy.

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