Dáil Éireann debate -
Tuesday, 7 Mar 2000

Vol. 515 No. 6

Written Answers. - Traffic Wardens.

Ivan Yates

Question:

31 Mr. Yates asked the Minister for Justice, Equality and Law Reform the proposals, if any, he has to provide an adequate degree of protection for traffic wardens, who are being abused, insulted and assaulted on a daily basis; if these proposals will apply nationwide; and if he will make a statement on the matter. [6806/00]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

I refer the Deputy to my reply to Question No. 69 of 23 November 1999 on the issue of assaults on traffic wardens.

I am informed by the Garda authorities that a person who assaults a traffic warden in the course of his or her duty or otherwise can be prosecuted under the provisions of the Non-Fatal Offences Against the Person Act, 1997 where there is evidence available to sustain a conviction against the alleged offender. Section 2 of the Act of 1997 creates the offence of assault, section 3, assault causing harm and section 4 creates the offence of assault causing serious harm. This legislation applies nationwide. I have been assured by the Garda authorities that a change in legislation is not necessary.

I also refer the Deputy to a reply by the Minister for the Environment and Local Government to Question No. 226 of 29 February 2000 in which it is stated that any person who obstructs a traffic warden acting in the course of his or her employ ment shall be guilty of an offence. Under section 5 of the Local Government (Traffic Wardens) Act 1975, local authorities may prosecute offenders who obstruct a traffic warden acting in the course of his or her duty. The Act of 1975 applies to local authority appointed traffic wardens only.

Of course, where offences of assaulting traffic wardens, including local authority employed traffic wardens, are brought to the attention of the gardaí appropriate action, including prosecutions, are taken. Finally, if particular instances of assaults on traffic wardens have been brought to the attention of the Deputy I would ask him to ensure the assaults are reported to the local gardaí.