Denis Naughten (Longford-Roscommon, Fine Gael)

I compliment Deputy Jim O'Keeffe on bringing before the House this legislation which sets out to introduce greater transparency in the sentencing process in the criminal justice system. As Deputy English noted, it is a simple, straightforward Bill which places a statutory duty on the Courts Service to maintain a register which will show, over time, the sentences handed down by the courts. The monitoring of sentences is critically important. Sentencing policy only comes to public attention when there is an outcry about a person being let off with a lenient sentence. It is vital, therefore, that the Legislature does not respond by taking a sledgehammer to crack a nut, the typical reaction when such controversies arise.

The introduction of a register of sentences would allow trends to be identified over time. In addition, judges who deviate from the median length of sentence should explain in open court the specific reasons for imposing a more lenient or severe sentence than is the norm. This would allow members of the public to inform themselves as to the basis for the judge's decision, which they cannot do at present. Consistency of sentencing is critical.

In this more than in any other week we need reassurance regarding the operation of the courts system. Deputy Jim O'Keeffe proposes the establishment of a national database on criminal sentences which would provide up-to-date information. He highlighted the inadequacies of the current system when he noted that the Taoiseach was unable to answer a question on the number of cases for which last week's Supreme Court decision has implications, information which could only be found by carrying out a trawl of the relevant paperwork.

It is disappointing that, as a result of the Supreme Court decision, the High Court today released an individual convicted in a similar case. As a legislator who has debated many Bills before the House, I found this decision grotesque and gut-wrenching, one which has sickened me to the core. I plead with the Minister of State to ensure emergency legislation is brought through the House this week to remove the loophole created by the Supreme Court decision. While I accept other factors must be taken into account and this is a complex issue which will take time to address, a gaping loophole has been created. If the House must sit on Friday, Saturday, Sunday and Monday to close it, the public will demand that we do so. To maintain public confidence it will be critical that the House does not rise until the issue is finally addressed.

It is a matter of considerable concern that six individuals convicted of the offence of having unlawful carnal knowledge plan to bring cases before the courts and a further seven cases involving the same offence are before the District Courts. I also understand a number of individuals are awaiting sentencing, including one this Thursday, under the legislation struck down by the Supreme Court. The Minister of State, like every Deputy present, will have received telephone calls from members of the public and parents pleading with him to ensure this loophole is closed immediately so that the seven individuals currently before the courts do not get away with abusing children and taking away their innocence.

Deputy Kenny referred to two individuals, Mr. A and Mr. B, the latter of whom is serving four life sentences for having sex with girls aged six, eight and ten years. We cannot allow him to walk free. I plead with the Minister of State to ensure legislation is drafted immediately to prevent such an eventuality.

Deputy Jim O'Keeffe's proposal to introduce a register of sentences is commendable and I hope the Government will support it. This raises another proposal to establish a register of persons considered unsafe to work with children. Legislation to provide for this register is still outstanding and it is critical, particularly in the context of this discussion, that it is introduced immediately. In the United Kingdom, where a register is in place, offenders have gained access to employment in schools. Last year, it was revealed that a convicted sex offender was employed here as a bus driver for special needs children.

The name of the individual whose case was dismissed in the High Court today will not be placed on any register. Moreover, if the six court challenges I mentioned proceed and are successful, the names of the individuals in question will not be placed on a register. It is also possible that the names of seven individuals currently before the District Courts on charges of unlawful carnal knowledge and some of those already convicted and awaiting sentence will not be placed on a register.

In the interests of our children, we must ensure that those individuals do not have access to children. That is another gaping loophole. We do not want a situation whereby some of the anomalies that have occurred in the United Kingdom could happen here. I plead with the Minister of State to expedite that legislation. He should return to the House before the end of this week to ensure that that major loophole is closed. Last week, the Minister for Justice, Equality and Law Reform did not believe there was such a loophole, but it exists and the public wants it to be addressed now.

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