Dáil Éireann Debate, Tuesday - 6 December 2022
66. Deputy Peter Fitzpatrick asked the Minister for Justice if mandatory sentencing will be introduced on persons who assault or attack emergency service members; and if she will make a statement on the matter. [60624/22]
View answerAt the outset I would like to condemn, in the strongest possible terms, all attacks on frontline workers. Incidents such as the recent assault on members of An Garda Síochána are abhorrent and my thoughts are with the Gardaí involved.
We are grateful to all frontline workers who play such a vital role in the communities they serve. It is imperative that these people are able to perform this role in a safe manner and the law reflects the importance of this.
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. Minister McEntee had expressed her intention to increase the maximum sentence for 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 for the gravity of each individual case in this category. This change will be brought forward by the Criminal Justice (Miscellaneous Provisions) Bill 2022 which is currently before the Houses.
Any assault causing harm 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 to both, or on conviction on indictment to a fine or to imprisonment for a term not exceeding 5 years or to both.
Assault causing serious harm is an offence under section 4 of the Non–Fatal Offences Against the Person Act 1997 with the punishment for such a crime up to life imprisonment.
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 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.
