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Dublin: 13 °C Tuesday 18 June, 2013

Dáil to debate five year jail terms for assaults on emergency workers

Fianna Fáil proposed legislation will call for a crackdown on those convicted of assaulting or threatening an emergency worker in the line of duty.

There are 800 assaults every year on members of the gardaí according to Dara Calleary.
There are 800 assaults every year on members of the gardaí according to Dara Calleary.
Image: File photo

FIANNA FÁIL IS to propose a minimum jail term of five years for anyone convicted of assaulting or threatening the life of an emergency worker on duty.

The legislation – the Assaults on Emergency Workers Bill 2012 – will be tabled in the Dáil for debate this morning as the first Friday sitting of the new term gets under way.

Friday sittings allow opposition parties and backbench TDs to table legislation for debate and today’s bill is being tabled by the Fianna Fáil spokesperson on enterprise Dara Calleary who held the justice portfolio until July.

“I believe that anyone who threatens, assaults or causes harm to an on-duty garda, fireman, ambulance worker, nurse or prison officer should feel the full rigour of the law,” the Mayo TD said in a statement.

Calleary pointed to figures from the Garda Representative Association which show that there are 800 assaults every year on members of the gardaí alone and he said that they were not the only ones at risk.

He continued: “Nurses, members of the fire service and ambulance workers are also at high risk of attack.

“We need tougher legislation to crack down on criminals who lash out at the very people who put their own personal safety on the line every day to serve others.”

“This is a constructive piece of legislation with minimal cost, but will act as a deterrent against senseless attacks on our frontline emergency workers.”

The debate gets under way in the Dáil at 10.30am and you can watch it live here.

TGIF: How have the Dáil’s Friday sittings worked out?

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Comments (68 Comments)

  • as a frontline worker (nurse). it’s great to see this at last.nobody has the right to assault you in the course of your duties. friend had her jaw broken four months ago by a thug

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  • It’s about flippin’ time, I say.

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  • I hope five years will be five years and not out in 18 months.

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  • johnny 05/10/12 #

    about time

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  • Ireland cop the f*ck on. All emergency personal have to be protected while doing their jobs, common sense at last…

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    • I agree and am just wondering what the anti side of the debate will be??? Hmmm protect the rights of the abusers??? Just wondering? Will be interesting to see if anyone votes against this and what their reasons will be!

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  • Very bad problem in acute services in ireland. A law protecting us and a stif penalty for breaking that law would be very welcome indeed.

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  • Felix: unfortunately people who are intoxicated commit acts of violence they usually would not. U say yourself you were drunk. I would believe the Garda before I would believe ur drunken hazed memory. I’m sure a judge would too

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    • Thats exactly my point they know the judge will take the same view. I didnt hit anyone and i certainly didnt hit a woman. When I went back to the club to try and get one of the bouncers to tell what happened in court I was told they dont get involved in such matters i.e. they want to stay on the good side of he garda. And just for your information the same garda was in court over a high profile case about holding someone against their will and lying about it, just to give you an idea about what I was dealing with.

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    • Oh that’s convenient!! Same Garda was it!? Grow up Felix & more importantly learn to handle your drink! Your Court appearance has obviously taught you nothing!!

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    • Im sorry but you must know more of what happenedvthan I do. Whayt exactly do you mean that I have learnt nothing or is that just a hollow comment to give yourself a feeling of superiority it a sad life that you live

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    • Where to begin!?! Firstly, by your own admission, you were drunk so you’re an unreliable witness yourself! And of course, what would I know of it as I wasn’t there, but your opinion of the Gardai is skewed because you feel you were wrongly convicted in Court…by a Judge…not the Guard! The state needs to prove beyond all reasonable doubt that you have a case to answer for if you were indeed convicted there must be holes in your defence and thus your story as a whole! Secondly, if your story is genuine & true, fair enough but the true moral of the story is be wary of the rare dodgy Guard but don’t taint the whole lot of them because of one bad experience!

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  • eoghan 05/10/12 #

    They should get years and a beating for It their job is traumatizing effort without been assaulted by some yob full of drink

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  • Great idea .but as our prisons are already ready over capacity..can’t really see another 800 per year doing 5 year sentence..when there are rapists and murderers walking about amongst up on bail.and also since torton hall was scrapped

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  • It’ll be interesting to watch the live debate. People, take note as those who speak against this law have this Lawless Country the way it is. Remember them and DONT vote for them in the next election. And by the way, judges are not on the Garda’s side. They hardly ever believe them in court.

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  • I think this is long over due however haven been assaulted on duty we still must rely on the judges to convict and I have no faith in that happening going on previous experience. So impose a minimum sentence but ensure the judges convict and not strike out cause because the person was under influence of drink or drugs.

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  • As it’s an opposition bill it won’t go through, unfortunately

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  • this should be for all assaults, it’s a waste of time however, mandatory drugs sentencing is never implemented by judges.

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  • Much appreciated bill in relation to frontline emergency service workers.
    Also what must be looked at are anomalies surrounding retained fire fighters and social welfare. Fire fighters in Louth and only a handful of other counties have been refused access to social welfare irregardless of satisfying conditions of entitlements.
    This issue has been ongoing in Louth since at least April 2011 and although brought up in the Dáil on many occasions, no definitive action has happened on the issue.

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  • While I understand the reasoning behind bringing in these laws, would it not be better to bring in proper assault laws that protect everyone while they’re working? 2 tier justice if one area of workers protected more than others

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    • Well we’ve capital punishment (although not carried out, as the president commuted the sentence to 40yrs) for years if a member of GS was murdered, only changed to 40 years in 1990 when we removed the death penalty. Garda and a soldier died during bank robbery in 80′s, prison sentences would of been 40years for garda and life for soldier, hardly seemed fair!

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    • Proper assault laws with severe “maximum” penalties are already there but the courts are far too soft with them in most cases. New laws won’t be any different and these laws for assaulting emergency workers won’t be any better than what’s already there.
      The laws are there, it’s their interpretation in the Irish courts that’s the problem. They always find some excuse to let thugs off

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    • SnappyJ 05/10/12 #

      @ john – think that’s the point we’re all missing actually. Good point.

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    • Very good point, it is courts interpretation that allow thugs off or with reduced sentences!

      On the main point, I feel certain occupations require more support in this regard as they will clearly put in the firing line more often. That said, this could probably be extended to cover more people such as cash in transit van staff etc.

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  • I was in America last year and I tell you something for nothing it was great.

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  • This bill should be extended to cover all areas how many frontline and residential care staff are assaulted while at work every year

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  • What’s there to debate??? Any attack on any member of the emergency services should carry the full weight of the law!!!! I wonder what politician will oppose it and on what grounds?

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    • Apply some reason here. On the grounds that the attack might be provoked by the officer in an otherwise peaceful demonstration. Verbal comments or sometimes slyly spitting on demonstrators historically has been used to
      Provoke a reaction which allows beatings to proceed. If its fair and applied fairly I have no objection. A police state is a dangerous road to go. Absolute power corrupts .

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    • Al McGee 05/10/12 #

      Alas Rory it has been rejected. The govt claimed the public order act has sufficient penalties.

      Our employers….a great bunch of lads….

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    • Al McGee 05/10/12 #

      McNamees On TheGreen

      And what about those of us not involved in law enforcement, those of us involved in healthcare and fire and rescue? Those of us who are called upon to help others when their lives are at their very worst?? Are we free game are we?? Don’t try turn this into anti Garda drivel

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  • Bank Officials?

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  • No point in debating it here now, the Government voted it down anyway as expected. It related to ‘Serious Assaults’, not just pushing or bumping off a Garda/Nurse/Medic/Fire personnel. The Government reckon that there’s enough legislation to deal with it, and new laws would only take the discretion away from Judges…. and that’s actually what’s needed. FF finished with asking where was the Law to support Gary McLoughlin and Robbie McCallion, the two Gardai killed on duty? Years on after everyone condemning the incidents, they vote down the introduction of legislation that might protect front line emergency service workers.

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  • I’d be concerned about this from Gav’s point of view. If this was used in serious assaults with evident injuries I absolutely agree, however if John Doe gets 5 years for handbags at 50 paces then it’s a big step back. Let me clear something up. I believe serious assault sentences are too lenient.
    I just don’t want to see as one reader suggested, a couple of bad apples using this law to put an innocent person behind bars because he or she had an attitude problem and someone decides to add legs to a story.

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  • Well chaps, I just read the bill and its not great. The five year mandatory sentence only applies to Serious Assault, Threats to kill and stabbing with a syringe. That is shit, so nothing will change really. Also if a scobe pleads guilty, the court may reduce the sentence! And another strange one, only applies to firefighters going to or coming back from the scene of a fire! Could imagine a sneaky barrister fighting it if an assault occurred at a flood / car crash etc!

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  • Well they should at least debate it. I did see a guy three weeks ago on Camden street try to protect himself after his partner was assaulted. Guards turned up and while he was understandably annoyed at the Guards for letting his partners attacker run away they then turned on him. As a sober bystander view they assaulted him while apparently trying to calm him down. This will be abused in some cases but as far as ambulance staff and fire crews are concerned this is a fitting deterrent

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  • I’m concerned about this law. Assault (as opposed to battery) goes beyond physical attacks. Legally it includes such acts as spitting and intimidation. Should someone go to jail now for five years for using bad language to a Garda?

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    • Unless you have been spat in the eye by a person known to have hep c or HIV, have had to got to A&E for blood test fearful that there may have been blood in the saliva. Go through the fear of being restricted from certain interaction with your wife and baby if infected then you don’t understand that this is worse than a punch or kick

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  • Fair enough about fire n ambulance personel but police offocers here r renowned 4 lyin n stickin together on stories to secure convictions. N the courts believe there stories more often than not, this could lead to more innocent people being convicted and doing prison time

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  • Other groups should also be included…bus drivers, taxi drivers, teachers?

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  • I haven’t read the legislation but are doctors, porters, security personnel working in A&E included? What about working on a ward in a hospital not necessarily emergency services but still at major risk of assault in the line of duty? Does a job title or union affiliation preclude you from being covered?

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    • Al McGee 05/10/12 #

      As posted by another user on the poll page, this draft only details the following persons

      “emergency worker” means:
      15 (a) any member of the Garda Síochána as provided for in the
      Garda Síochána Act 2005;
      (b) any employee of the Health Service Executive providing
      an ambulance service for the transportation of seriously
      ill people to hospital or between hospitals;
      20 (c) any employee of a private ambulance transport service
      providing an ambulance service for the transportation of
      seriously ill people to hospital or between hospitals;
      (d) any member of the Civil Defence Ambulance Corps;
      (e) any employee of a Local Authority established under the
      25 Local Government Act 2001 and who are members of a
      fire crew travelling to or from the scene of a fire;
      (f) any medical practitioner or nurse providing medical care
      in the Accident and Emergency ward of a public or
      private hospital;

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    • So no mention of hospital security (one in Cork was attacked with a hatchet a few years back) or if a person is attacked on an inpatient ward?

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  • 2 cases last year of guards found guilty of moving cameras while the guards kicked the shit out of people. not here say names of men and reports in paper and on the JOURNAL. very open to abuse by garda.

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    • And how many cases of scobes kicking the head in of a guard?
      Cop on bud, while there may be dodgy guards around (undoubtedly), there are plenty more scobes and skangers who need to be removed from society. Your indictment of the Gardai is very, very telling, to say the least.

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  • well i no sum1 who was brought to court for hitting a sign post with a glass bottle which apparantly smashed when in actual fact it was a small stone. 2 guards stood up in court n swore under oath they seen him throw the glass bottle n arrested himas a result. all u muppets probably have never experienced the discrimination which guardai often use against young males, the sheltered lives brigade!!!

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    • I have and have witnessed experienced the same, but there’s good and bad everywhere and ultimately this should give emergancy service workers the protection they deserve, I mean what idiot stones or bottles fire fighters or ambulance crews ?

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    • I have and have witnessed experienced the same, but there’s good & bad everywhere and ultimately this should give emergancy service workers the protection they deserve, I mean what idiot stones or bottles fire fighters or ambulance crews ?

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    • Barry 05/10/12 #

      So you are painting all Gardai the same based on one “apparent” incident?

      Nonsense,

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    • I was in court before for being drunk (my own fault I know) and tring to stop some guy from attaking my brother. I didnt swing one punch at him and in court the garda swore on the bible that when she got down there I was going toe to toe with the other guy and then I attacked her. It was funny when she said this because when she arrived the bouncers were hold me and held onto me untill I was cuffed and in the back of the squad car.
      Moral of the story is garda will often lie to get more convictions.

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    • You seem like a well balanced young man. A chip on both shoulders. A Garda who would lie to secure a conviction is immoral and down right criminal. I am in a relationship with a Garda and I can tell you they are some of the most honest, sincere and decent group of people. They would frown on a colleague who was underhand. Complain to the Ombudsman if you have evidence of malpractice. If not maybe you need to grow up a bit Gav.

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    • Shouldn’t you be studying for your Junior Certificate?

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  • @warren bud scobes what are u talking about???

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