Ciarán Cuffe (Dún Laoghaire, Green Party)

The need for a Courts (Register of Sentences) Bill is brought into sharp focus today by the issue the nation is talking about, namely, the striking down by the Supreme Court of section 1(1) of the Criminal Law (Amendment) Act 1935 on statutory rape. When questioned here, the Taoiseach was unable to say how many people are in prison under the law that was ruled unconstitutional. He attempted to bluff his way out of an awkward question by saying the Irish Prison Service was checking records and warrants from the courts and hoped to have a clearer picture later in the day. The Irish Prison Service should be in a position to access this information in a matter of minutes if not seconds. In a crisis such as this it is simply not acceptable for a developed nation such as ours not to have such information to hand.

While the Bill is a general one it is brought into sharp focus by the events today and the events in the courts in recent days. It is simply not acceptable in the 21st century in a nation that prides itself on being an information society not to have this information to hand.

While I positively welcome the development it is important that the database which will contain quite detailed information will not reveal the name or personal details of the sentenced person. This is crucial to safeguard people's privacy. This Bill would bring into being a body of information that would be an invaluable tool for members of the Judiciary, Members of the Oireachtas, researchers and others.

It brings into focus also the issue of consistency in sentencing because this has received attention. While the Government has said there is a great deal of consistency in sentencing we simply do not have the facts to hand. It makes a mockery of any attempt to get consistency in sentencing if we do not have the statistical information in front of us. I can think of a number of cases where the DPP is appealing the sentence handed down by the judge on the basis of it being too lenient. Let us get the information out and proceed with the Bill.

I was outraged last evening that the Minister of State with responsibility for children, Deputy Brian Lenihan, remarked it would be extremely difficult for the Courts Service to collect and maintain the information required in this Bill. This information is crucial if we are to restore confidence and legitimacy to the courts process, to sentencing and belief in the justice system. There is an obligation on the Government to provide the Courts Service with the resources that would allow the Bill to see the light of day.

We need transparency and accessibility. This Bill provides one of the tools that will bring us forward in that regard. The Green Party strongly supports the Bill and hopes the Government will come to its senses and give it the support it needs.

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