Conor Lenihan (Dublin South West, Fianna Fail)

I thank Deputy Kelleher for raising this important topic. It is not the first time he has done so in this House. He has been steadfast and committed on this matter on behalf of his constituents and out of a strong personal interest on a moral and political level.

Mandatory sentences for drug trafficking offences were first introduced by then Minister for Justice, Equality and Law Reform, Deputy O'Donoghue, in the Criminal Justice Act 1999. A new offence of possession of drugs with a value of, at that time, £10,000, for sale or supply was created. The offence was inserted into the Misuse of Drugs Act 1977 by a new section 15A. The offence under section 15A carries a maximum penalty of life imprisonment with a mandatory minimum sentence of ten years. The section provided that a court could depart from the mandatory minimum but only where there were "exceptional and specific" circumstances that would make a sentence of ten years unjust. This is a matter that concerns Deputy Kelleher. The new section went on to list certain factors that could be taken into account in this regard, such as a guilty plea, the stage at which a guilty plea was entered and whether the person materially co-operated with the Garda investigation.

Unfortunately, the new provisions seem to have been applied sparingly, as Deputy Kelleher implies. Figures available to the Department suggest application of the mandatory sentence reached a peak of about 20% in 2004. The Tánaiste and Minister for Justice, Equality and Law Reform is, of course, mindful of the need to respect the independence of the Judiciary and I am also conscious of this, but I am also conscious of Deputy Kelleher's comments which represent the feelings of his constituents in Cork. The Tánaiste took the view that the intention of the Oireachtas, as set out in the 1999 amendments, was very clear and he therefore decided, in the context of the recently enacted Criminal Justice Act 2006, to strengthen the provisions to underline the intentions of the Oireachtas on the issue.

The recent amendments differentiate between first and subsequent drug trafficking offences, an important point Deputy Kelleher has mentioned to me on many occasions. In the case of first offences, the 1999 provisions continue to apply but additional factors are added which the court must take into account when deciding that the mandatory minimum sentence should not be imposed. These factors include consideration of whether the public interest in preventing drug trafficking is served by a lesser sentence and I would suggest that in most cases the protection of the public interest would demand, as a minimum, the imposition of the mandatory minimum sentence. Where the person has a previous conviction or convictions for drug trafficking offences, it is now provided by section 84 of the 2006 Act that a sentence which is not less than the mandatory minimum sentence must be imposed.

The 2006 Act created a further drug trafficking offence to which the mandatory minimum of ten years is to apply, specifically, the offence of importing drugs having a value in excess of €13,000. This is inserted as section 15B into the 1977 Act and, for sentencing purposes, is treated in the same way as the section 15A offence.

The Tánaiste's intention in the recent amendments is clear — he wishes to underline that the circumstances in which the mandatory minimum sentence may not be imposed are truly "exceptional and specific". This is the clear intention of the Tánaiste and Minister for Justice, Equality and Law Reform and, I think, Deputy Kelleher and the Oireachtas. The Tánaiste's proposals attracted broad support in this House when the Criminal Justice Bill, as it was then, was being debated. The Tánaiste is confident that the new provisions send a strong message and that they will be a strong deterrent for anyone planning to involve themselves in the drug trade.

I thank the Deputy again for the opportunity to put this information on the record of the House.

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