Dáil debates

Tuesday, 30 May 2006

 

Courts (Register of Sentences) Bill 2006: Second Stage.

7:00 pm

Photo of Jim O'KeeffeJim O'Keeffe (Cork South West, Fine Gael)

I move: "That the Bill be now read a Second Time."

I propose to share time with Deputies Durkan, Naughten and English. The purpose of this Bill is to create a comprehensive register of sentences so that sentencing norms can be assessed and to introduce greater transparency in the sentencing process within the criminal justice system. Essentially, therefore, what I propose is the establishment of a nationwide database of criminal sentences. Apart from anything else, last week's Supreme Court decision on under age sex showed the urgent need for such legislation. Following that case, information on all offences of a similar nature was not available. That information should have been available to the Taoiseach, the Minister for Justice, Equality and Law Reform, the Attorney General and legislators. That information should be available at the touch of a button and, if my Bill is accepted, we will establish a database which will prevent a repeat of last week's disturbing situation where, effectively, the Taoiseach did not know the number of sexual offenders who would be released on foot of the Supreme Court ruling on unlawful carnal knowledge.

The effect of this Bill will be to provide a one-stop shop for information on criminal sentences in the Four Courts and otherwise throughout the country and to have that available, ultimately, on-line. The idea is to have long-awaited transparency in the sentencing process which will then allow professionals, the public and policy makers to determine whether criminal sentences are being imposed in a fair and rigorous manner.

The question of the reality and the perception of the situation arises and what is needed is more transparency and openness. The establishment of a national database is the first step in that direction. As far as I and Fine Gael are concerned, we have a number of other proposals in the sentencing area. This is just the first of a number of key measures we want to bring into effect but it is an essential platform upon which many of the other measures will be built.

Last week's case served as a case in point in terms of the need for this kind of register. As the crisis surrounding the Supreme Court judgment on unlawful carnal knowledge unfolded, a shocking loophole in the law was exposed. That loophole related to the need to protect minors from sexual predators. The Fine Gael leader asked the Taoiseach the number of people who were currently in prison under the law that was ruled unconstitutional by the Supreme Court and essentially the Taoiseach could not answer the question——

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