Paul Bradford (Fine Gael)

Once again I welcome the Minister who has become a very regular visitor to the House. I also welcome the Bill which is very fair and balanced. I am reminded of the line in the Merchant of Venice: "The quality of mercy is not strained. It droppeth as the gentle rain from heaven". We need to reflect on the concept of mercy when we debate the justice legislation which flows regularly through the House.

I congratulate the Minister on the work he has done in his portfolio to date. He has a difficult balancing act because in the media we read daily accounts of criminal activity, about people being attacked in their homes, vandalism and so on. There is an obvious public demand that he respond strongly by way of law and order measures. While we need good and robust law and order measures, we also need justice and a degree of mercy to be shown as part of the equation. That is provided for in the Bill.

It is interesting to learn from the Minister that 90% of all convictions in a given year carry a 12 month sentence or less. There is a view that people end up in court and receive significant jail sentences for major crimes, but the statistics show that many crimes are of a relatively minor nature and that the majority of sentences are not of lengthy duration. Those falling within that category will now be able to take advantage of the Bill. I welcome this because we have to give people a second chance. There must be a second chance for people in every walk of life. In report after report and in debate after debate there is a complaint that so many go bacl through the revolving doors into prison. There is a conviction today, a jail sentence tomorrow, a person is out next week and back in the following week. I know that is an exaggerated view, but, sadly, reoffending is a major problem and obviously we are not succeeding as well as we should be on the issue of rehabilitation. The Bill is a step on the ladder towards rehabilitation by striking a person's record clear.

It is interesting to hear this measure described as a form of self-assessment. The people who will qualify under the legislation will not have to go to the Garda station, back to court or go to a peace commissioner, rather they will be able to take advantage of the legislation themselves. Certainly, that is to be welcomed. The sentence categories allowed for within the Bill are very fair and balanced. The exclusions are also necessary. We had another debate yesterday on the abuse of children and vulnerable people. It is important that the Bill excludes persons convicted of such offences. Therefore, the Minister is striking the right balance. The waiting period set before a person can have his or her conviction declared spent under the Bill is very fair.

Senator Denis O'Donovan made an interesting point that may not be totally pertinent to the Bill, but it forms part of the equation as it relates to sentencing guidelines. In some cases, two people might be convicted of the same offence. One might receive a six or ten month sentence and thus would be able to qualify under the Bill to have the conviction declared spent in due course, but in another courthouse the sentence handed down by another judge could be 13 or 15 months and the person concerned would not qualify. I appreciate it is a debate for another day. There seems to be a little difficulty. Although I do not have the Minister's legal expertise, consistency of sentencing is something on which we must reflect and debate at some future stage. We will not discuss judicial appointments but judicial training is something the Oireachtas could take on board and debate in some detail in the future.

I welcome the Bill. As the Minister indicated, he is adopting a slightly more liberal approach than that suggested by the Law Reform Commission. That is not a bad thing. The Minister is introducing fairness and a second chance into the equation. That must be welcomed. Our aspiration must be that everyone convicted of a crime in this country will get every assistance possible to ensure they will not commit further crime. I refer to the probation and welfare service and where it applies in the Prison Service that the concept of rehabilitation and getting a second chance for a new beginning will always be available and will always be a strong and positive option. The legislation is a small part of the equation. I am sure there is much more we need to do but I welcome the legislation. Other political parties have worked in the same direction and if they introduced the same type of proposal I am sure it would get unanimous support in the House. I look forward to the Bill being passed speedily.