Dáil Éireann Debate, Wednesday - 29 April 2015
86. Deputy Thomas P. Broughan asked the Minister for Children and Youth Affairs the action his Department is taking regarding the recent growing number of physical attacks on vulnerable children; and if he will make a statement on the matter. [16891/15]
View answerThere are strong legal provisions for deterring assaults on children of any age, irrespective of their circumstances. These come within the remit of my colleague the Minister for Justice and Equality.
The Non-Fatal Offences Against the Person Act, 1997, provides criminal sanctions in cases of persons convicted of assault against any other person, including a child. Section 2 of the Act states that “a person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly, directly or indirectly applies force to or causes an impact on the body of another”. A person guilty of an offence under Section 2 of the Non-Fatal Offences Against the Person Act, 1997 is liable on summary conviction to a fine or a term of imprisonment.
Section 3 of the Non-Fatal Offences Against the Person Act, 1997 provides that a person, who assaults another, causing that other person harm, shall be guilty of an offence. Harm is defined in the 1997 Act as “harm to body or mind and includes pain and unconsciousness”. A person convicted of assault causing harm is liable, on summary conviction or on conviction on indictment to a fine or a term of imprisonment.
Section 246 of the Children Act, 2001 concerns legal provision in relation to cruelty to children. This section makes it an offence for “any person who has the custody, charge or care of a child wilfully to assault, ill-treat, neglect, abandon or expose the child or cause or procure or allow the child to be assaulted, ill-treated, neglected, abandoned or exposed in a manner likely to cause unnecessary suffering or injury to the child’s health or seriously to affect his or her wellbeing”. A person convicted of an offence under Section 246 is liable, on summary conviction or on conviction on indictment, to a fine or a term of imprisonment.
