Pa Daly
Question:35. Deputy Pa Daly asked the Minister for Justice to make a statement on his plans to legislate with respect to attacks on emergency service personnel, including gardaí. [18053/23]
View answerTuesday, 18 April 2023
Questions (35)
Oral answers (6 contributions)
I ask the Minister for Justice to make a statement on his plans to legislate with respect to attacks on emergency service personnel, including gardaí.
I congratulate Deputy Daly on his appointment as his party's spokesperson on justice. While we may not always agree and while we may have disagreements from time to time, I wish him all the best as he takes up that role.
I am extremely grateful to all front-line workers for their outstanding dedication and commitment to serving the public and for the important role they play in our society.
It is imperative that front-line workers are able to go about their work safely and that the law reflects the importance of this. For the most part, the relationship between the Garda and the public is one built on significant trust. We only have to look at the fact that An Garda Síochána is a largely unarmed and yet hugely effective community policing service. Those who perpetrate violence against members of An Garda Síochána, or, as Deputy Daly suggests, any of our courageous emergency services, must face the full rigours of the law.
It is worth stating on the record that 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 is already an offence under section 19 of the Criminal Justice (Public Order) Act 1994. A person convicted of such an offence is currently liable to a fine or imprisonment for a term not exceeding seven years, or both. The latter penalty of seven years was increased from a maximum term of five years in 2006. However, the Government and I are committed to taking further action to protect gardaí and front-line workers as necessary. To that end, I intend to bring forward an amendment to the Public Order Act to increase the maximum penalty available for assaulting a peace officer to 12 years. These changes will send a very clear message that attacks on front-line workers will not be tolerated and will be dealt with robustly. I have arrived at the point of view of the importance of doing this after listening to the representative bodies of An Garda Síochána.
As part of my Department's justice plan 2023, the antisocial behaviour forum, chaired by my colleague, the Minister of State, Deputy James Browne, will review the already very strong powers available to An Garda Síochána in relation to public order and antisocial behaviour to determine whether any further legal powers would assist them in their role. Above all, I can assure the Deputy that front-line workers will always have my support to do their jobs. I hope we can make these legislative changes together in these Houses between now and the summer recess.
I thank the Minister. We submitted a parliamentary question on this matter earlier this year. The response indicated that the proposals would be brought forward shortly. The Minister has now indicated that it will be a 12-year sentence. Does he have any idea when that proposal will be coming before this House or when the amendment to the Act will be coming forward? We are all aware of the attacks that took place over the past year. The urgency around this, following on from a couple of meetings I have had, is due to the crisis in morale in An Garda Síochána. Some senior gardaí have told me that this is in addition to the other difficulties they are having with the number of resignations that have taken place. In 2016, there were 24 resignations from An Garda Síochána whereas, depending on the report you look at, there were 109 in 2022. There are a number of issues with regard to pay. Looking at the number of resignations, there is obviously a difficulty with retaining the staff that are there.
It is my intention to use one of the legislative vehicles already going through the House, probably the Criminal Justice (Miscellaneous Provisions) Bill 2022, to bring forward the amendment to increase the maximum sentence from seven years to 12. It is my intention to bring that amendment to the Government shortly and with the co-operation of this House and the other House to seek the approval of the Oireachtas for that to be passed this side of the summer recess. I do not suggest, and nor would the Deputy, that this is the answer to all the challenges faced by gardaí or others as they go about their business, but it is an opportunity for us in this House to send out a very important message. One of the signs of encouragement people can take is the utter revulsion the overwhelming majority of people convey when there is an attack on a member of An Garda Síochána. I accept that this is something we are all united in, thankfully, and we should always value that. In addition, the Minister of State, Deputy Browne, through chairing the expert antisocial behaviour forum and under action 7.2 of the justice plan 2023, will conduct a review of all the powers available to the Garda in respect of public order and antisocial behaviour, including the effectiveness of antisocial behaviour orders. Once the terms of reference are agreed, the Minister of State will bring a memorandum to Government in that regard.
The urgency seems to be in the need for gardaí to be able to carry out their duties safely. I offer my best wishes to any of the gardaí who have been injured recently. There is a broader picture here in that many gardaí say they spend half their time covering their backs, and looking over their shoulders due to the increased monitoring of them. Unfortunately, while the Government planned to increase the numbers in the Garda by 1,000, up to the end of March there were only 136 gardaí going through Templemore. If you do the maths, it is clear that the Government is very unlikely to meet its target of increasing the number of gardaí by 1,000. In fact, there is a danger the number could drop. We look forward to seeing what the Minister has outlined with regard to the maximum penalty prescribed in committee because there are difficulties, as he knows, with the constitutionality of any minimum sentencing powers.
I agree with the point on minimum sentencing. There is quite a bit of evidence that when maximum sentencing is increased, it generally puts an upward pressure on the length of sentences given out by the courts. Therefore, I think maximum sentencing is the most effective way to go at this time. I, too, send solidarity to any garda or emergency front-line worker who has experienced any level of assault or abuse when going about their duties. This is also an important opportunity to thank gardaí for the incredible work they have done over the course of the last week, in particular during President Biden's visit. People cancelled leave and changed rosters at short notice and I thank them for that.
I take the point the Deputy made about oversight. It is important that we always get the balance right when it comes to oversight. I would suggest that the Policing, Security and Community Safety Bill 2023 that is currently going through the House - I think Committee Stage is next Tuesday - is an opportunity for us to consider the oversight structures we should have in place for modern policing in Ireland.
Regarding the intake of 1,000, it is still the Garda Commissioner's wish and mine to reach that target. There is a further intake due on 15 May. In terms of looking over their shoulders, body cameras and legislation relating to body cameras will also help gardaí.