Written answers
Tuesday, 23 September 2025
Department of Justice and Equality
Emergency Services
Ivana Bacik (Dublin Bay South, Labour)
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469. To ask the Tánaiste and Minister for Justice and Equality his plans to tackle theft and damage of life-saving equipment in public places; and his views on the need to ensure that good samaritans are not penalised for using such equipment in good faith. [49897/25]
Jim O'Callaghan (Dublin Bay South, Fianna Fail)
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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 is 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 is 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 is 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 is 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 is 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.
With respect to the final part of the Deputy's question, it is important to note that 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. It is a matter for the Courts and the presiding Judge to assess individual cases, including the intentions of persons in circumstances as outlined by the Deputy.
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