Joe Costello (Dublin Central, Labour)

I refer to the statistics. Mandatory sentences were imposed in a tiny fraction, approximately 10%, of cases under the legislation passed in 1999.

The same situation may pertain to family law cases. However, as they are heard in camera without stenographers or reporters, it is impossible to know the true statistics of sentencing in family law cases. One reporter was appointed recently. A transparent system of sentencing with clear policies, structures and guidelines must be put in place by the Minister for Justice, Equality and Law Reform and the Legislature.

The case of Judge Curtin clearly demonstrates judicial ethics issues must be addressed. A sub-committee of the Oireachtas had to be established to initiate impeachment proceedings on "stated misbehaviour" in June 2004 under Article 35.1 of the Constitution. It highlights the lack of legislation in the area of judicial ethics.

Separation of the Executive and the Judiciary does not mean the Executive should shy away from introducing statutory parameters to judicial qualifications and behaviour and sentencing. It is high time the Government and the Minister for Justice, Equality and Law Reform took their responsibilities with regard to the Judiciary seriously and introduced appropriate legislation. It is ironic they should have to wait for the Judiciary to be criticised by the Director of Public Prosecutions for lack of transparency when his office is devoid of any transparency regarding his actions and decisions.

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