Mandatory prison sentences for people who assault frontline workers have been refused by the Justice Minister

Ronan Clogher, deputy general secretary, AGSI; with Justice Minister Helen McEntee before she addressed the Association of Garda Sergeants and Inspectors Annual Conference. Picture: Conor McKeown

Calls made by garda sergeants and inspectors for mandatory prison sentences for people who assault frontline workers have been refused by the Justice Minister.

Helen McEntee said the Government was advised that to do so would “be overstepping the mark” as Justice Minister and would infringe on the constitutional separation of powers.

Gardaí are facing increasing abuse, violence and threats in the line of duty and Deputy General Secretary of the Association of Garda Sergeants and Inspectors (AGSI) Ronan Clogher said at its annual conference that criminals who assault gardaí are walking free from court with suspended sentences "week in, week out".

“It's very important that I as Minister don't dictate to any judge what they can or cannot apply as a sentence,” the Minister said. “We have already increased the sentencing for assaults on An Garda Síochána frontline members, that's gone from seven to 12 years only in recent months.

“Increasing the sentence is making sure that there are options available to our judiciary.”

Other methods, like introducing body worn cameras this year and facial recognition technology, would also help better protect gardaí and secure convictions, she said.

She denied allegations the government had “manipulated” garda recruitment figures. But she supported AGSI's calls that the force required some 18,000 operational members – significantly more than the current government target of 15,000 or the current number of serving gardaí at just over 14,000.

“The target had been set at 15,000, I think we need to reach that first."

The Justice Minister also promised to free up more than 100 gardaí from immigration duties in an effort to “civilianise immigration functions”.

“Immigration does and must involve policing.  But not in all its aspects,” she said.  “Many immigration issues are in fact administrative, and quite separate from policing. This means that police involvement in them has the capacity to detract from where focus should be.” 

She also said the timeline for investigations into allegations against gardaí “needs to be shorter”.

Ronan Clogher, deputy general secretary, AGSI Picture: Conor McKeown

The issue was brought to public attention recently after a long-serving garda was suspended for more than three years after he loaned an unclaimed bike, reportedly worth €50, to a local pensioner. The man was living alone and could not buy one himself as shops were closed during the covid-19 pandemic, but the garda did not fill out the paperwork for it.

While the DPP did not prosecute the garda for the move, he remained on suspension for three years.

Ms McEntee said that change to the system “is already underway.” 

“The new policing bill enables us to develop new protocols when it comes to suspension, when it comes to discipline," she said. “Of course lessons need to be learned, even from recent cases. So as we're progressing these protocols, which I hope will be up and running in place by the summer."

Garda Commissioner Drew Harris also agreed that discipline issues should be dealt with "quickly" and there were "learnings" from recent investigations.

An independent external review of all suspension cases that last for more than one year has been requested by AGSI.

“The consultation process around the new policy is still ongoing and that will close in April," Mr Harris said. “Overall, in respect of discipline, I agree with them that this should be dealt with quickly and there are learnings for us around recent investigations.” 

He said that legal representatives of the garda suspended over lending the bicycle to a pensioner is to be in written communication with him and he is awaiting that contact. That garda is now to sue An Garda Síochána for damages, it is understood.

“The individual was entirely exonerated by the process and I wish him well in his service,” Mr Harris said.