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Jail-time for assaulting Gardaí or ramming Garda vehicles to increase to 12 years

Minister for Justice Simon Harris will today seek Cabinet approval to amend the law.

PEOPLE WHO ASSAULT gardaí and other emergency service workers could face jail sentences of up to 12 years under new plans to be submitted to the Government today.  

The Government today agreed to a proposal for Minister for Justice Simon Harris to amend laws to increase sentences for assaults causing harm to members of An Garda Síochána and other frontline workers.

The minister said yesterday that the proposed legal changes would also apply to the ramming of a Garda vehicle and other emergency service vehicles.

He will seek permission to draft legislation to increase the maximum sentence for assaulting or obstructing a police officer from its current rate of seven years to 12 years.

This will done by way of committee stage amendments to the Criminal Justice (Miscellaneous Provisions) Bill, which has already passed all stages in the Dáil. It is due before the Seanad for second stage on 23 May. 

Speaking at the opening of a new regional office for the Dublin Metropolitan Region at Dublin Castle yesterday, Harris told Garda members: “We have your back when it comes to making sure you’re safe as you go about your duties.”

He added: “We can never ever, ever tolerate anybody attacking a member of the frontline emergency services.”

Increasing the maximum sentence will not only apply for attacks on gardaí but also assaults causing harm to emergency service workers, such as hospital staff, prison officers, members of the fire brigade, ambulance personnel or members of the Defence Forces.

The minister said he will also push forward with controversial plans to provide gardaí with body cams.  

Sale of alcohol 

Separately, the minister will also seek Cabinet approval to extend provisions which allow for the sale and consumption of alcohol in outdoor seating areas.

The provisions were introduced during the pandemic to bring clarity regarding the law for licensed premises offering an outdoor seating area to customers.

The relevant legislation was initially in place until 30 November 2021, but can be extended every six months. It has been extended on a number of occasions, and Harris will seek Cabinet approval to do so again today. 

It comes after the Housing Minister Darragh O’Brien waived the fees for outdoor furniture for hospitality premises. 

Harris will today ask for the legislation for alcohol sales be extended until 30 November while work continues on longer term solutions under the Sale of Alcohol Bill.

The general scheme of the Sale of Alcohol Bill, allows for the extension of pub and nightclub opening hours, was published last autumn, and the full Bill is expected to be published and taken in the Dáil later this year.

Tuam site exhumation 

Other items to be raised at today’s Cabinet meeting include the appointment of a director of the agency to oversee the excavation and exhumation at Tuam.

Children’s Minister Roderic O’Gorman, whose department oversees Mother and Baby homes, will seek approval for the appointee who will be named after the conclusion of today’s meeting. 

Cabinet ministers approved a proposal last year to set up an independent office to oversee the exhumation of a sewage system on the site, where it is believed some 796 babies and young children were buried between 1925 and 1961.

Separately, Finance Minister Michael McGrath will seek approval for a two month extension of the Temporary Business Energy Support Scheme (TBESS) up to end of July. 

The grant scheme is designed to assist businesses with their energy costs. 

The same terms of the scheme will apply, with the extension allowing businesses to be able to claim for June and July.

Qualifying businesses can claim for 40% of the increases in their September 2022 to February 2023 energy bills and 50% of the increase in their March 2023 to May 2023 energy bills.

Government sources said it is expected wholesale price falls should start to be reflected in customer bills after that period.

In addition, Enterprise Minister Simon Coveney will bring a memo to Government extending the TBESS scheme to include businesses that use kerosene as a main source of energy.

It follows a Government decision in February to find a way to support more businesses with rising energy costs. TBESS has covered the majority of businesses who were majority gas customers up until this point, but this memo will now extend the support to majority kerosene users.

It is proposed to provide a once off flat rate payment to businesses that use kerosene.

This gap in cover was discovered after the Department of Enterprise engaged with businesses and their representative associations in January, it is understood. The support rate will be subject to a number of criteria (rateable premises, Revenue compliance etc) and the level of payment will be calculated from a businesses usage in 2022.

The scheme will be backdated to match the time period of the wider TBESS scheme.

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