Bernard Durkan (Kildare North, Fine Gael)

I support this legislation, proposed by my colleague, Deputy Jim O'Keeffe. It is a timely intervention and a realistic response to some of the things that have happened in recent years. The purposes of the Bill are manifold but it will enable the Oireachtas and the general public to monitor what is happening. Without recognising trends it is impossible to respond as legislators. We in this House have limited access to information but the general public has even less. To monitor progress in this area it is important there be a charter such as provided for in this Bill, whereby a person can look on a list and judge if consistency is being applied, because some consistency is necessary. I mean no disrespect to the legal profession or to the Judiciary but the public is not interested in extenuating circumstances. It sees a murder as a murder, a rape as a rape. I do not say there should be total consistency because some flexibility is required, but people's perception is stark and they expect some consistency.

In the current circumstances we must reassure the general public that we are on their side. The public can receive peculiar messages at times, the current message being that we seem to be unwittingly setting up a charter for perverts. The Taoiseach announced to the House last week there would be no gaping chasm in the legislation allowing the release of a number of serious criminals into the community. I do not know where the problem lies, but the Government should have known what was about to happen because others did. Even as the Taoiseach spoke last week, the case which came before the courts this week was already being prepared. Incidentally, it is astonishing how quickly the case was heard.

I would not be regarded as being on the right wing of the political spectrum in this House but there comes a time when a halt must be called. The House sends a peculiar message when a case can be made to release a person who has illicit sexual relations with a minor in dubious circumstances. The sooner we cop on to ourselves, the better. Deputies, however, are not in a position to respond because legislation is needed. Unfortunately, the Minister and the Taoiseach do not appear to be able to respond either. One way or other, the Oireachtas has overall responsibility in this area and regardless of what happens and under whose watch, someone will be to blame.

Deputies are not over-reacting to the recent Supreme Court decision. The serious problem to which it gave rise was heralded a week or ten days ago. Surely the Attorney General or someone else knew what was about to take place. Did the Attorney General inform the Cabinet as is standard procedure when such matters arise and if not, why not? Was someone trying to embarrass the Government and the Oireachtas? What is the reason for this extraordinary scenario? Members of the public expect Parliament to provide answers. It is no good arguing that this serious matter was well handled in accordance with certain procedures.

We have all had access to information relating to inconsistencies in sentencing, for example, in cases in which severe penalties were imposed for minor offences and vice versa. The public asks how this can be. While the reasons may be complex and the detail intricate, ordinary members of the public will not go behind the scenes or examine the book of evidence to find them. For this reason, a means such as that outlined in the Bill must be found to reassure the Houses of the Oireachtas and members of the public, particularly at a time when the need for reassurance was never greater. Ministers, too, need reassurance because they must know what they are doing.

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