Written answers

Thursday, 20 October 2022

Department of Justice and Equality

An Garda Síochána

Photo of Brendan GriffinBrendan Griffin (Kerry, Fine Gael)
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67. To ask the Tánaiste and Minister for Justice and Equality if she is concerned by the number of instances of ramming of Garda vehicles annually; her views that such actions warrant being classified as a stand-alone crime, carrying a lengthy sentence; and if she will make a statement on the matter. [52367/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The Deputy is already aware that I consider the deliberate ramming of Garda vehicles to be an extremely serious matter. The safety of the members of An Garda Síochána and the general public on our roads is of critical importance. Any attack on a member of An Garda Síochána is an affront to our values as a society and will not be tolerated.

An Garda Síochána perform a vital function in providing safety and security to our communities and should be applauded and supported for their service, not subject to assault or harm in the execution of their duties.

I am advised by the Garda Authorities that the number of instances of ramming of Garda vehicles as of 3 October 2022 are as follows.

Year Total
2019 65
2020 68
2021 47
As at 3rd October 2022 31

As the Deputy may also be aware, there are a range of robust legislative provisions available to the Garda authorities to deal with such offences.

Any assault causing harm on any person is an offence under section 3 of the Non–Fatal Offences Against the Person Act 1997. A person convicted of such an offence is liable on summary conviction to imprisonment for a term not exceeding 12 months, or to a maximum fine of €2,500, or to both, or, on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

I have also signalled my intention to increase the maximum penalty available for this offence to 10 year imprisonment, in amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Oireachtas.

Section 53 of the Road Traffic Act 1961 provides for the offence of dangerous driving. A person who commits an offence under the section is liable to (a) in the case of death or serious bodily harm to another person, imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both, and b) in any other case, a class A fine or to imprisonment for a term not exceeding 6 months or to both.

In addition, section 19 of the Criminal Justice (Public Order) Act 1994 provides for the offence of assault or threatening to assault certain categories of persons. Such persons include a person providing medical services in a hospital, or any person assisting such a person, a peace officer or any person assisting a peace officer, or any other person with intent to resist lawful apprehension or detention for an offence. The term 'peace officer' includes members of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces.

A person convicted of an offence under section 19 of the 1994 Act is liable on summary conviction to a maximum fine of €5,000, or to imprisonment for a term not exceeding 12 months, or to both. A person convicted of such an offence on indictment is liable to a fine or to imprisonment for a term not exceeding 7 years, or to both. The latter penalty was increased from a maximum term of 5 years in 2006.

As the Deputy will appreciate, sentencing in individual cases is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender.

I can assure the Deputy that I will continue to keep the law in this area under review.

Photo of Joe FlahertyJoe Flaherty (Longford-Westmeath, Fianna Fail)
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68. To ask the Tánaiste and Minister for Justice and Equality the number of community gardaí who are currently assigned to Longford Garda stations; and if she will make a statement on the matter. [52434/22]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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As the Deputy will be aware, the Garda Commissioner is responsible for the general management and administration of the Garda organisation under the Garda Síochána Act 2005. This includes the deployment of Garda members throughout the State.

The Government is committed to ensuring that An Garda Síochána has the resources it needs, with the unprecedented allocation provided in Budget 2023 of €2.14 billion.This unprecedented amount will fund the planned recruitment of up to 1,000 new Garda recruits as well as over 400 Garda staff.

I am assured that Garda management keeps the distribution of resources under continual review in the context of policing priorities and crime trends, to ensure their optimal use. I understand that it is a matter for the Divisional Chief Superintendent to determine the distribution of duties among the personnel available to them, having regard to the profile of each area within the Division and its specific needs. I am further advised that there are no set requirements to have a specific number of Community Gardaí posts across the Divisions.

The table below, provided to me by the Garda authorities, sets out the number of Community Gardaí assigned to Longford Garda stations by rank at 31 August, the latest date for which figures are available.

Station Inspector Sergeant Garda Total
Longford 1 2 3
Ballymahon 0
Granard 1 1 2
Edgeworthstown 0
Total 0 2 3 5

The Deputy will also be aware that, to date, the official categorisation as a Community Garda has simply referred to those who are exclusively assigned to building relationships with local communities and civil society, including giving talks to schools, community groups and others.

It is important to note, however, that community policing is at the heart of An Garda Síochána and that all Gardaí have a role to play in community policing in the course of carrying out their duties.

Indeed, this is fundamental to the new Garda Operating Model recommended by the Commission on the Future of Policing in Ireland and currently being rolled out under 'A Policing Service for Our Future', the Government's implementation plan for the Commission's recommendations.

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