Noel Grealish (Galway West, Independent)
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584. To ask the Tánaiste and Minister for Justice and Equality the number of convictions for assault on a garda in each of the past five years; and is she plans to bring forward legislation in regard to stronger maximum sentences and penalties for those found guilty of assaulting members of An Garda Síochána. [59335/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I condemn, in the strongest possible way, any attacks made on members of An Garda Síochána and other front-line services.

We are all immensely grateful to members of our police service for their outstanding dedication and commitment to serving the public and for the important role that they play in our society.

Attacks on members of An Garda Síochána not only injure the victims but communities as a whole, with an attack on Gardaí an attack on the safety of all of us. It is imperative that front-line workers are protected in carrying out their work and that the law reflects and responds to the situations in which they find themselves.‎

The unprecedented €2.14 billion allocated to An Garda Síochána under Budget 2023 demonstrates the Government’s commitment to ensuring that Gardaí have the resources they need to carry out their vital service. This includes the provision of €6 million for new ballistic vests to protect front-line Gardaí.

While the criminal law in this area is being kept under ongoing review, there are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against Gardaí.‎

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 would be liable on summary conviction to imprisonment for a term not exceeding 12 months or to a maximum fine of €2,500 or both. A person convicted on indictment would face a maximum sentence of 5 years imprisonment.

Minister McEntee signalled the 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.

Furthermore, an assault on a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel, or a member of the Defence Forces would constitute an offence under section 19 of the Criminal Justice (Public Order) Act 1994.

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

The Deputy may also be aware that my Department published the Garda Síochána (Recording Devices) Bill 2022 in August this year which will provide a legal basis for the deployment and use of body-worn cameras by An Garda Síochána.

The Commission on the Future of Policing in Ireland stated in their report that policing organisations around the world have found that such devices can help improve front-line capability with the accurate recording of incidents, expedite analysis, enhance situational awareness, and sometimes protect police from harm.

Deployment of these devices, including related timelines, will be an operational matter for the Garda Commissioner. I am advised that the Commissioner intends to pilot the use of body worn cameras, prior to their widespread roll out.

With regards the Deputy's question around the number of convictions for assault on a Garda, as the Deputy will be aware, management of the courts, including operational matters and logistical functions, are the responsibility of the judiciary and Courts Service, which are independent in exercising their functions under the Courts Service Act 1998, and given the separation of powers in the Constitution. As Minister, I have no role in these matters, it is the function of the Courts Service to provide information on any orders issued by the Courts.

The Courts Service has a dedicated email address for the provision of information to members of the Houses of the Oireachtas: oireachtasenquiries@courts.ie. To be of assistance, I have also referred the part of the Deputy's query relating to the number of convictions for assault on a Garda in each of the past five years directly to the Courts Service.