Brendan Griffin (Kerry, Fine Gael)
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32. To ask the Tánaiste and Minister for Justice and Equality if she will increase maximum sentences for assaults on gardaí; and if she will make a statement on the matter. [60557/22]

Heather Humphreys (Cavan-Monaghan, Fine Gael)
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I would firstly like to condemn in the strongest possible terms the recent attacks on Gardaí while serving on duty in Ballyfermot and my thoughts are with the Gardaí involved in these incidents. We are extremely grateful to all of the people who serve in An Garda Síochána and other frontline services and it is imperative that they are able to perform their vital role in our communities safely. 

There are a range of robust legislative provisions available to the Garda authorities in circumstances where threats or assaults are made against front line workers including members of An Garda Síochána.

Minister McEntee recently introduced a legislative amendment to increase the maximum penalty available for the offence of assault causing harm from 5 years’ to 10 years’ imprisonment. This will provide the Courts with a more appropriate range of sentences to take account of the range and gravity of the assaults that fall under this offence category. This change will be brought forward by the Criminal Justice (Miscellaneous Provisions) Bill 2022 which is currently before the Houses.

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 also constitute an offence under section 19 of the Criminal Justice (Public Order) Act 1994. 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 criminal law in this area is being kept under ongoing review. 

In addition, the current maximum penalty for assault causing serious harm is life imprisonment.