Dáil Éireann Debate, Tuesday - 16 April 2013
803. Deputy John Lyons asked the Minister for the Environment, Community and Local Government his plans to examine equipping fire-fighters with personal safety devices like mace or pepper spray; and if he will make a statement on the matter. [16838/13]
Amharc ar fhreagra809. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government the steps that his Department has initiated and adopted to ensure the personal safety of fire-fighters and paramedics working in sometimes hazardous and dangerous conditions; if his attention has been drawn to the number of such personnel that have been attacked while on duty; and his plans to implement any further initiatives to ensure that such frontline workers are protected. [16900/13]
Amharc ar fhreagraI propose to take Questions Nos. 803 and 809 together.
The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of premises and equipment for use by fire service personnel is a matter for the individual fire authorities under Section 10 of the Fire Services Act 1981 and 2003.
My Department, through the National Directorate for Fire and Emergency Management, engages on an on-going basis with fire authorities to assist them in meeting their statutory responsibilities while also complying with the requirements of the Safety Health and Welfare at Work Act 2005.
There have been a number of initiatives to ensure that persons working in fire services are properly equipped and trained, have appropriate procedures and are supervised so that, in so far as is reasonably practicable, their safety at work is ensured and that local authorities comply with the relevant legislative requirements. Initiatives taken have included the introduction into fire service operations of the National Incident Command System in 2007; the Fire Services Ancillary Safety Statement, also from 2007, which developed generic risk assessment processes for fire services; and more recently the Fire Service Standard Operational Guidance (SOGs), which developed specific situational risk assessments for fire services activities.
Also, as part of the national policies for the future direction of fire services set out in Keeping Communities Safe (KCS), which was published in February 2013. A Fire Services Safety Management System (SMS) support document is being developed as part of the KCS implementation process to ensure that occupational health and safety in fire services is fully aligned with recently adopted local government SMS policy.
Specific legislation dealing with assaults on, or threats to, emergency workers in front line positions is contained in section 19 of the Criminal Justice (Public Order) Act 1994 (as amended by section 185 of the Criminal Justice Act 2006). Section 19 provides that any person who assaults a person providing medical services at or in a hospital, or a peace officer acting in the execution of their duty, is guilty of an offence and is liable on summary conviction to a fine or a term of imprisonment not exceeding 12 months or both or on conviction on indictment to a fine or to imprisonment for a term not exceeding 7 years or to both. A peace officer refers to a member of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the defence forces. The offences in section 19 were extended to hospital, ambulance and fire brigade personnel by means of section 185 of the Criminal Justice Act 2006 in order to address the problem of assaults and obstruction of personnel engaged in providing emergency services.
In addition to the special offences under section 19 of the 1994 Act, the general criminal law applies. For example, in the case of an assault causing serious harm to an emergency worker, the offender may be prosecuted under the Non-Fatal Offences Against the Person Act 1997.
Personal safety devices in the nature of mace or pepper spray are subject to the Firearms Act 1925 to 2009. Under section 1 of the Firearms Act 1925, as amended by section 26 of the Criminal Justice Act 2006, the definition of "firearm" includes a "prohibited weapon" which refers inter alia to "any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas or other noxious thing". Under section 2 of the 1925 Act, it is an offence to possess, use, or carry a firearm unless it is authorised by a firearms certificate. While An Garda Síochána and the Defences Forces are generally considered exempt from the Firearms Acts (with regard to the licensing for their use and import) there is no such corresponding provision for fire brigade, ambulance or medical personnel. The issue of firearms certificates is a matter for An Garda Síochána.
