Kevin Moran (Longford-Westmeath, Independent) | Oireachtas source

I note that Deputies Clare Daly and Wallace have indicated their opposition to sections 4 and 5. The sections set out presumptive minimum sentences for repeat sex offenders and form the key provision of this Bill, as provided for by the House on Second Stage. In opposing these sections the Deputies are essentially opposed to the core principle of the Bill. These provisions will apply only in very limited circumstances where serial offences have been committed. If an offender has been convicted of serial sex offences and received a sentence of at least five years and goes on to commit another within a further ten years, the presumptive minimum sentence will apply. Many sex offenders manage their own release from prison through the Probation Service and the Garda Síochána and do not go on to commit further crime. However, some do offend again and by putting in place these provisions, the Government recognises the impact of sexual offenders on individual victims and on society as a whole. It ensures that appropriate measures are available for the Judiciary when sentencing, to ensure these crimes are dealt with efficiently and appropriately.

There are very few instances where a mandatory or minimum sentence is specified in legislation. There is a mandatory sentence for murder, which is life imprisonment, and for a number of serious offences such as crimes involving drugs or firearms. Using the minimum sentence is intended to reflect the impact on society as a whole. These provisions have been proposed by the Government as a reflection of the impact of serious sexual offences on victims and to ensure the seriousness of these crimes is reflected in how judges can deal with them. These laws address serious sex offences. I have met victims and the purpose of bringing forward this legislation is based on the evidence put in front of me by these people.