5-year jail plan for garda attacks rejected

The Government has decided to reject legislation from Fianna Fáil which calls for an automatic five-year prison sentence for assaults on emergency service personnel.

The bill, introduced by Fianna Fáil justice spokesman Dara Calleary, sought to bring in a mandatory minimum five-year sentence for such offences.

“We are all very familiar with the very sad scenes of drink and drug-fuelled violence in towns, cities, and localities across the country which emergency workers have to confront every day and night,” Mr Calleary told the Dáil.

“The very dark side of drink and drug abuse, and general antisocial behaviour is the manner in which workers who are trying to keep people and communities safe are being increasingly targeted.”

Mr Calleary cited figures suggesting there were more than 800 assaults each year on gardaí doing their duty.

“That figure does not represent the full picture as many gardaí do not report assaults,” he said.

“I am not foolish enough to think that this bill will deter anybody from assaulting an emergency worker.

“It probably will not, but what it will do is send out a signal that as a legislature and country we will not stand for that kind of assault and that we will give emergency workers extra security and protection in law.”

However, Government chief whip Paul Kehoe said the Fine Gael-Labour coalition would be opposing the legislation.

While he welcomed the good intentions behind the bill, Mr Kehoe said there was already comprehensive legislation in place to deal with such offences.

This included the Non-Fatal Offences Against The Persons Act 1997, which provided for penalties of up to 10 years’ imprisonment for an offence of threats to kill or cause serious harm, and up to life imprisonment for causing serious harm, he said.

Similarly, the Criminal Justice Act 2004 provided explicit protection for emergency workers in regard to assaults or threats to assault.

“Section 19 provides that any person who assaults or threatens to assault 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 conviction or indictment to a fine or to imprisonment for a term not exceeding seven years.”

Mr Kehoe said everyone was thankful for the “outstanding dedication and commitment” of those who work in emergency services.

The Government was opposing the bill because there was already comprehensive legislation in place and it would be “unwise” to introduce mandatory minimums in such circumstances ahead of a Law Reform Commission report on the issue, he added.