Dáil Éireann Debate, Thursday - 20 October 2022
67. Deputy Brendan Griffin asked the Minister for Justice if she is concerned by the number of instances of ramming of Garda vehicles annually; her views that such actions warrant being classified as a stand-alone crime, carrying a lengthy sentence; and if she will make a statement on the matter. [52367/22]
Amharc ar fhreagraThe Deputy is already aware that I consider the deliberate ramming of Garda vehicles to be an extremely serious matter. The safety of the members of An Garda Síochána and the general public on our roads is of critical importance. Any attack on a member of An Garda Síochána is an affront to our values as a society and will not be tolerated.
An Garda Síochána perform a vital function in providing safety and security to our communities and should be applauded and supported for their service, not subject to assault or harm in the execution of their duties.
I am advised by the Garda Authorities that the number of instances of ramming of Garda vehicles as of 3 October 2022 are as follows.
|
Year |
Total |
|
2019 |
65 |
|
2020 |
68 |
|
2021 |
47 |
|
As at 3rd October 2022 |
31 |
As the Deputy may also be aware, there are a range of robust legislative provisions available to the Garda authorities to deal with such offences.
Any assault causing harm on any person is an offence under section 3 of the Non–Fatal Offences Against the Person Act 1997. A person convicted of such an offence is 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.
I have also signalled my intention to increase the maximum penalty available for this offence to 10 year imprisonment, in amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which is currently before the Oireachtas.
Section 53 of the Road Traffic Act 1961 provides for the offence of dangerous driving. A person who commits an offence under the section is liable to (a) in the case of death or serious bodily harm to another person, imprisonment for a term not exceeding 10 years or to a fine not exceeding €20,000 or to both, and b) in any other case, a class A fine or to imprisonment for a term not exceeding 6 months or to both.
In addition, section 19 of the Criminal Justice (Public Order) Act 1994 provides for the offence of assault or threatening to assault certain categories of persons. Such persons include a person providing medical services in a hospital, or any person assisting such a person, a peace officer or any person assisting a peace officer, or any other person with intent to resist lawful apprehension or detention for an offence. The term 'peace officer' includes members of An Garda Síochána, a prison officer, a member of the fire brigade, ambulance personnel or a member of the Defence Forces.
A person convicted of an offence under section 19 of the 1994 Act is liable on summary conviction to a maximum fine of €5,000, or to imprisonment for a term not exceeding 12 months, or to both. A person convicted of such an offence on indictment is liable to a fine or to imprisonment for a term not exceeding 7 years, or to both. The latter penalty was increased from a maximum term of 5 years in 2006.
As the Deputy will appreciate, sentencing in individual cases is a matter solely within the discretion of the trial judge, having regard to the circumstances of the case and of the accused and subject to any limits as may be prescribed by law for a particular offence. The court is required to impose a sentence which is proportionate not only to the crime but also to the individual offender.
I can assure the Deputy that I will continue to keep the law in this area under review.
