Brian Lenihan Jnr (Dublin West, Fianna Fail)

Looking at the bigger picture, we all agree that few aspects of our criminal justice system generate as much controversy as the sentences handed down by our courts. From time to time there are cases which attract particular public attention which result in sentences which may be generally regarded as too harsh or too lenient or as inconsistent with sentences given in what are regarded as similar cases.

The traditional approach to sentencing in the Houses of the Oireachtas has been to lay down by statute a maximum penalty. The court, having considered all the circumstances of the case, may then impose an appropriate penalty up to that maximum. This approach reflects the doctrine of the separation of powers. The Legislature lays down the possible punishment range but it is for the courts to decide the punishment, taking account of all the circumstances of the case and of the offender.

I doubt if any person would like to see a system of criminal justice where all sentencing is determined by preordained mandatory tariffs or where sentences are influenced by the hue and cry of public comment. That is not to suggest that there should not be systems and procedures to ensure that sentences handed down by our courts are generally seen as and believed to be fair, predictable and consistent. In that respect, the Minister supports the overall aim of Deputy Jim O'Keeffe's Bill.

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