Law - Thurles Information

Government To Increased Sentences For Assaults On Gardaí & Emergency Service Workers.

Government agrees to increased sentences for all assaults causing harm to Gardaí and Emergency Service employees.

Maximum sentence for assault on emergency worker will increase from 7 to 12 years.
New law will apply to assault or obstruction of Gardaí or emergency service workers, including hospital staff, prison officers, members of the fire brigade, ambulance personal and Defence Forces.
Applies to any assault – including the ramming of a vehicle.

The Government on Tuesday lastagreed to a proposal for the Minister for Justice Mr Simon Harris to amend laws to increase sentences for assaults causing harm to members of An Garda Síochána and other emergency workers.

These legislative changes will be brought forward by way of Committee Stage amendments to the Criminal Justice (Miscellaneous Provisions) Bill.

The amendments will change the maximum sentence for assaulting or obstructing a police officer from 7 to 12 years.

The increase in maximum sentence will apply where the assault, causing harm, in question is against an on duty Garda or emergency service worker, such as hospital staff, prison officers, members of the fire brigade, ambulance personnel or members of the Defence Forces.

Minister Harris said: “Assaulting a Garda or another emergency worker in the course of their duties is inexcusable and shows flagrant disregard for the rule of law.
No person who puts on a uniform and goes to work with the ultimate mission of keeping members of the public safe, deserves to be targeted, attacked or obstructed while doing that job.
Assaults on emergency workers can have serious impacts on the direct victim, who are sometimes left with life and career-changing injuries. But we also need to be cognisant of the ripple effect these assaults can have on public safety if, as a result of injury to an emergency worker or damage to a vehicle, the emergency service available to members of the public is negatively affected – assaults on emergency workers can victimise the communities that they serve too.
This legislation applies to any assault – any unlawful use of force, or threat of force, direct or indirect – against a Garda or emergency worker. That might be a punch, it may involve the use of a weapon, or it might be ramming their vehicle.

As Minister for Justice I am committed to building safer, stronger communities, and I am committed to protecting and supporting those who work to keep our communities safe. I am glad to have the support of Government to ensure our laws appropriately reflect those objectives, and look forward to seeing these legislation progress as quickly as possible.”

The Criminal Justice (Miscellanous Provisions) Bill is on the Government Legislation Programme priority list and has now passed all stages in Dáil Eireann. Second Stage in Seanad Éireann is scheduled for 23rd May 2023.

New Guidelines Published for Parents on Children’s Data Protection Rights.

The Data Protection Commission (DPC) has recently published four short guides for parents on children’s data protection rights under General Data Protection Regulations (GDPR). These guides are intended to help parents to understand their children’s rights and to answer questions that can arise in typical situations where those rights apply.

Protecting children’s personal data is an important priority for the DPC, and is one of the five strategic goals of our 2022-2027 Regulatory Strategy. The DPC has also published our ‘Fundamentals’ guidance on children’s data protection rights to help organisations provide the special protection required when they process children’s personal data. These guides are part of the DPC’s work to give effect to the goals stated those documents.

My child’s data protection rights – the basics
The above link outlines some of the issues that can arise when a parent seeks to exercise data protection rights on behalf of their child.

Children’s data and parental consent
The above link looks at the meaning of the ‘digital age of consent’ and outlines when parents’ consent may be needed for processing their child’s personal data, and how parents can approach those cases.

Protecting my child’s data
The above link is intended to help parents understand the rights that they have in relation to their children’s data and gives some useful advice on how to protect their children’s rights.

Finally: Are there any limits on my child’s data protection rights?
This above link shown outlines some important limits to how and when children’s data protection rights may be exercised, whether by children themselves or by parents on their behalf. It outlines some common situations where these can arise and suggests ways in which parents can address them.

The DPC hopes that these guides will be useful not just to parents and guardians, but also to educators and anyone interested in children’s safety and wellbeing online.

If you have any questions about anything you read in these guides, you can email or call the DPC and they will be happy to answer your questions. You can find more information about how to contact the DPC HERE.

Man Who Hid Cannabis At Thurles Railway Station Jailed.

Mr Keith Lonergan, aged 46, who hailed originally from Clonmel, Co. Tipperary, and who more recently resided at St. Lawrence’s Park, Garryowen, Co. Limerick, has been jailed by Judge John Martin at Nenagh Circuit Criminal Court.

Mr Justice Martin sentenced Mr Lonergan to four years in jail, with the final 18 months suspended.
A provision laid down in the sentencing was that Mr Lonergan must enter a bond of €100 to keep the peace; must co-operate with the prison services while in jail; on his release, to attend any meeting organised by the prison services, and to provide urine samples whenever asked while in incarcerated and on his release.

Mr Lonergan had been observed by Gardaí attempting to hide a bag containing cannabis behind a bin at Thurles Railway Station in North Co. Tipperary on March 24th, 2021, while in the company of another man.

The other male ran, attempting to make his escaped along the railway tracks, while Mr Lonergan was detained under the Misuse of Drugs Act. We understand the drugs located had an estimated retail value of almost €10,000.

A follow up search of Mr Lonergan’s home in Limerick uncovered further drugs valued at almost €2,500. Mr Lonergan having being interviewed by Gardaí on four different occasions, admitted possession of the drugs, on the date in question, and was subsequently charged with possession of the drugs same intended for sale or supply.

Mr Lonergan claimed that he had gone to Thurles to collect, carry and hold the cannabis; the agreement being part of a deal to repay a drug debt and that the other male actually owned the drugs.

Judge Martin said that he did not accept that Mr Lonergan was a mere pawn, but was an essential cog in the wheel serving a business that was causing havoc within Irish society.

Passing Of Courts Bill 2023 Through Houses Of Oireachtas Announced.

This legislation will allow for an increase of judges across all courts as recommended by the Judicial Planning Working Group earlier this year.

Earlier today, Minister Browne took the bill through Committee and Final stages in the Seanad. The Bill will now be referred to the President of Ireland to be signed into law.

A key recommendation arising from the report published by the Judicial Planning Working Group was to increase judicial numbers to ensure the efficient administration of justice over the next five years.

In February of this year, Minister for Justice, Mr Simon Harris received Government approval to appoint an additional 44 judges to the courts in Ireland by the end of 2024. An initial tranche of 24 will be appointed this year, followed by a further tranche of 20 subject to the implementation of reforms and efficiencies to the operation of the courts.

*Court*	Current as at 16/5/2033, Inc President.	*Phase 1*	*Phase 2*	Additional Phase 1 & Phase 2	*Future*
District Court	64	8	6	14	78
District Court	41	8*	6	14	52
High Court	45	6	6	12	57
Appeal Court	16	2	2	4	20
Sopreme Court	11	0	0	0	10
Total	177	24	20	44	217

* Three of these additional judicial positions have already been created in the Circuit Court under the Assisted Decision-Making (Capacity) (Amendment) Act, 2022.

Primary legislation was required to enable this increase, so the Courts Bill 2023 was drafted as a priority.

Speaking after the completion of the Bill’s passage through the Houses of the Oireachtas, Minister Browne said: “Ensuring that the Courts are resourced to administer justice efficiently and effectively is central to ensuring there is access to justice.
To continue to improve access to justice for all of our citizens, we will increase the number of judges in two phases, beginning with 24 additional judges this year. This increase in judicial resources was recommended by the Judicial Planning Working Group earlier this year and has been approved by government.
The Courts Bill 2023 will allow Government to significantly increase the number of judges. Not only will this enable the Courts Service to provide an efficient and fair service, it also paves the way for policy initiatives under the Programme for Government such as the establishment of a dedicated Planning and Environmental Court and for the provisions under the Family Law Bill.”

The Courts Bill 2023, when enacted, will allow for a maximum of 17, up from 16 judges to be appointed to the Court of Appeal; 48, up from 45 judges to be appointed to the High Court; 45, up from 41 judges to be appointed to the Circuit Court; and 71, up from 64 judges to the District Court.

Minister Browne added: “This substantial increase in judicial resources will be complemented by the ongoing implementation of the Courts Modernisation Plan.
My Department is committed to driving a modernisation and Digital First agenda across the entire Justice Sector. We will work with the Courts Service and the Judiciary to deliver a number of important commitments in the Programme for Government which will help ensure that we have a modern Courts Service.”

Resident Of Remar House, Thurles, Goes Forward To Next Sitting Of Limerick Circuit Court.

Mr John Campbell, aged 28 years, with an address at Remar Recovery House, Coalbrook Hse, Curraheenduff, Coalbrook, Thurles, Co. Tipperary has pleaded guilty to 52 charges of theft and fraud. His case will to go forward to the next sitting of Limerick Circuit Court.

Remar Recovery House, a Religious Organisation and Registered Charity, previously operated a second hand furniture shop on Mitchel Street, Thurles, Co. Tipperary.

Mr Campbell pleaded guilty to conning people and businesses out of almost €30,000 euro worth of goods; the offences, happening between September 2018 and January 2022. He conned his victims into parting with goods and services using stolen debit/credit cards or by making them believe that payments had been transacted through a fake phone application. The theft and fraud happened at filling stations; off licenses; hardware stores; licenced hostelries and restaurants.

Other of his deceptions included selling farm equipment on the website ‘Done Deal‘, with no delivery of any equipment purchased by clients; driving off from filling stations without paying for fuel and on one occasion the unauthorised taking of a car having signed a lease agreement for same car, latter valued at some €15,000 before cancelling lease payments the following day.

Judge Patricia Harney in granting bail, also granted free legal aid to Solicitor Mr Con Barry.