Dáil Éireann Debate, Thursday - 15 January 2015
7. Deputy Brendan Griffin asked the Minister for Justice and Equality her views on the way to reduce and prevent incidents of ramming of Garda vehicles; and if she will make a statement on the matter. [1280/15]
Amharc ar fhreagraI am concerned about the frequent incidents of deliberate ramming of Garda vehicles by criminals, which practice is being reported on the news all too often. I fear that the result of this will be further incidents of serious injury or worse among our gardaí. While I appreciate that there are a number of legislative provisions in place to deter this activity, they are not, unfortunately, working. I would appreciate the Minister's views on how this problem can be tackled and how we can better protect our gardaí.
I thank Deputy Griffin for tabling this question. Like the Deputy, I consider the deliberate ramming of Garda vehicles to be a very serious matter and can assure him that the safety of gardaí and the general public is of paramount importance. I can also assure the Deputy that all incidents of this nature are subject to full investigation by An Garda Síochána.
It is a matter of great concern that individuals deliberately ram Garda vehicles, whether in the course of evading arrest or for other criminal purposes. All appropriate operational and safety precautions are of course taken, but where an individual is intent on causing such a collision, prevention will inherently be difficult. Where these incidents do occur, it is important that such persons are brought before the courts.
I have previously outlined for the Deputy the range of robust road safety and other legislative enforcement provisions available to the Garda authorities in such circumstances. These include the assault offences contained in the Non-Fatal Offences Against the Person Act 1997 and for which penalties range from up to five years imprisonment to life imprisonment, depending on the seriousness of the offence involved. In addition, section 19 of the Criminal Justice (Public Order) Act 1994 provides for specific offences relating to assaults on peace officers which includes members of An Garda Síochána. The penalty for this offence was increased from five years to seven years imprisonment by the Criminal Justice Act 2006. Section 2 of the Criminal Damage Act 1991, provides for the offence of damage to the property of another person for which the penalty is a maximum of ten years imprisonment. Provision is made for very serious sentences for those kind of offences which can be used in the situation as outlined by the Deputy. A sentence of up to ten years imprisonment can be given for a person involved in the ramming of a Garda car. If such ramming were to cause death, an offence of attempted murder, murder or manslaughter, may be considered applicable with the resultant penalties including mandatory life imprisonment for a conviction for murder. Legislative sanctions are in place to deal with those involved in this dreadful activity which often has very serious consequences for gardaí.
I thank the Minister. I acknowledge the raft of legislation in place. The punishment for those guilty of such offences is very strict and severe but, unfortunately, this message does not seem to be hitting home. Would the Minister agree it would be advantageous to create a specific offence of deliberately ramming a Garda vehicle and applying a serious custodial sentence?
Apart from trying to prevent this crime we need to accept that it will continue to happen. Perhaps we need to consider ensuring that all Garda vehicles, rather than some, are larger, more robust vehicles and that there should be additional safety features provided such as the reinforcement of the vehicles. Ramming of Garda vehicles is happening and we need to equip our gardaí to ensure they are safe when this occurs.
I acknowledge the Deputy's interest in specific legislation relating to this issue which he has sent to my Department and which we are examining. He refers to the further use of mandatory prison sentences. I refer to the Law Reform Commission report on sentencing and its views on the existing presumptive mandatory minimum sentence provision for various offences. The recent report on penal policy stated that no further mandatory sentences or presumptive minimum sentences should be introduced. However, those issues are under consideration by my Department.
The Deputy asked about the number of gardaí who have been injured in such incidents. I do not have those figures to hand but I will supply them to the Deputy. I can provide information on the number of Garda vehicles rammed in recent years. In 2010, 66 vehicles were rammed; 55 vehicles in 2011; 61 vehicles in 2012; and 63 vehicles in 2013. These are serious incidents which occur every year. I take the Deputy's point about investment in Garda vehicles. More upgraded Garda vehicles are available as a result of the increased funding. I hope this will ensure that the Garda vehicles in use are sufficiently robust. Nevertheless, the actions of criminals have the potential to cause serious injury or death in the circumstances described by the Deputy.
The figures are shocking and worrying, as is the information that there are approximately three incidents every fortnight. I thank the Minister for considering the draft legislation I have sent to her Department. If part of that legislation could be implemented or included in any future legislative provisions it would be helpful, in my view. Anything we can do to protect our Garda force would be very advantageous.
While I very much appreciate and welcome the investment in new Garda vehicles we need to focus on the quality of the vehicles rather than on quantity alone. It is important to have the very best vehicles for safety and handling when dealing with criminals. For example, the odds are stacked against a garda driving a 1.5 litre diesel car attempting to apprehend a criminal in car with a 2 litre or higher petrol engine. We need to focus on quality as well as on quantity.
Thanks to the improved economic situation there has been an increase in the justice budget for the first time in a number of years. Some 300 gardaí have been recruited and the next group will go to Templemore in the next two weeks. There has been increased investment in Garda vehicles by this Government of up to €27 million over the past number of years. I believe these measures will make a difference to the robust nature of the fleet with regard to the issue outlined by the Deputy. The ramming of Garda cars is a serious issue. Prevention can be extremely difficulty when dealing with those intent on criminal activity which often involves the ramming of Garda vehicles. I note the points made by the Deputy. We will examine whether it is possible to incorporate extra provisions in the legislation. However, strong points have been made against mandatory sentencing for an offence such as this. However, I will consider the points raised by the Deputy.
As the Deputies concerned are not present, Questions Nos. 8 and 9 cannot be taken.
