Billy Kelleher (Cork North Central, Fianna Fail)

I welcome the opportunity to speak on this issue because I feel a strong case is to be made on amending the legislation to bring forward stronger guidelines. The Criminal Justice Act 1999 contained a provision made by the Oireachtas on the imposition of mandatory minimum sentences on people convicted of offences involving drugs with a value of €13,000 or more. There is an urgent need to address this problem and surveys throughout Europe support this.

There is a growing crisis involving young people availing freely of drugs, particularly crack cocaine, cocaine and heroin. It is time we acknowledge that the Judiciary has not adopted the spirit of the legislation passed with the support of all sides of the House in 1999. Some of the sentences handed down in recent years for the importation, distribution and sale of drugs indicate that a lenient position has been taken by the Judiciary in many cases on the imposition of the mandatory minimum sentence.

A quick perusal of relevant sentences suggests that approximately 80% fall into the category of exceptional circumstances and I find this hard to accept. The Judiciary is accustomed to seeing drugs as an element of modern society and not a devious thing in which to be involved when it is a major problem in Irish life. The evidence in surveys demands that this issue be addressed in a serious manner.

It is time to address a small section of the Criminal Justice Act 1999 and tighten the definition of an exceptional circumstance. The provision in the Bill will allow a member of the Judiciary, when handing down sentence, to take into account the perpetrator's co-operation with the authorities. This might include an early plea of guilty or help with subsequent prosecutions and I accept that people in such circumstances should receive a more lenient sentence. This is a positive thing that will encourage perpetrators to plead guilty and co-operate with the authorities in assisting in the prosecution of those higher on the drug distribution food chain. However, I do not believe the Judiciary is acting in the spirit of the legislation.

I have been criticised for speaking out on this issue but I cannot be silenced when people caught with between €80,000 and €90,000 worth of cocaine receive a sentence of seven years imprisonment with two years suspended for mitigating circumstances. This is completely against the spirit of the legislation of 1999. As a society, a community, parents and public representatives, we must accept that the Act passed by this House is not having the desired effect on sentencing.

When one considers the affluence of Irish society and the price of drugs on the street it is obvious that people are willing to take the risk of importing, distributing and selling drugs because there are huge financial gains to be made. If one is prosecuted, pleads guilty of engaging in such activities and assists the authorities, one receives a more lenient sentence. This sends out a weak signal to those on the fringes, gauging the mood of the Judiciary and watching the deterrents that are in place. It fundamentally fails our young people.

I believe that the majority of people support my view and I call on the Tánaiste and Minister for Justice, Equality and Law Reform and the Judiciary to interpret the spirit of the 1999 legislation and impose the mandatory minimum sentence on those involved in these activities.

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