Dáil debates
Wednesday, 5 July 2006
Criminal Justice Bill 2006: From the Seanad.
11:00 pm
Arthur Morgan (Louth, Sinn Fein)
On behalf of my colleague, Deputy Ó Snodaigh, I will support amendments Nos. 1 and 2 but I have difficulties with some of the other amendments.
We recognise the urgent need for reform of the Judiciary and we support judicial discretion over sentencing outcomes. We also acknowledge that the Minister is not introducing absolute mandatory minimum sentencing but he is introducing minimum sentences and pushing judicial discretion in that direction. That causes considerable unease in my party and its support base. Under the Constitution, judges are responsible for administering justice in this State and this should include the determination of punishment. Punishment must be proportionate to each crime and to that end the public must be protected while maintaining the discretion to ensure proportionality in the interests of justice.
In supporting amendments Nos. 1 and 2 and expressing some difficulty with the others, I derived some pleasure from my colleague, Deputy Ó Snodaigh, causing the Minister some discomfiture by having to refer to the amendment accepted from him earlier. It was a solid amendment and I acknowledge that the Minister accepted it, even if it required further amendment this evening.
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