Fiona O'Malley (Dún Laoghaire, Progressive Democrats)

That makes one wonder what we are here for. I welcome the introduction of this Bill. In a society where drugs have emboldened thugs in a unprecedented way, our security forces must be empowered to be able to deal effectively to eliminate the gangland culture which is emerging in urban centres throughout the country. The lucrative trade of the sale and distribution of drugs underpins this horrific violence.

It is wise of the Tánaiste to introduce tough measures which send a clear signal to criminals that very little tolerance will be shown in respect of drug crime and firearms offences. I read with great interest the Tánaiste's speech last night and wish to quote from it:

From time to time this House is confronted with issues that go to the heart of our role as national legislators. On such occasions, a courageous response on our part can give leadership and can galvanise society into clear and determined action. The Criminal Justice Bill 2007, which I am pleased to introduce today, provides the House with an opportunity to send a clear and unambiguous message that, as a society, we are not prepared to allow organised criminal gangs set about the destruction of families and communities.

I pay tribute to those fine words and their good sentiment. That is what the Bill should and I hope will do. It is wise of the Tánaiste to act with such alacrity and bring forward this legislation so swiftly.

The Tánaiste goes on to remark that some of the particularly vicious and tragic murders which took place in December last year demonstrated that criminal gangs believed they could act with impunity. The law was clearly not acting as a deterrent and this makes a folly of it.

Inconsistency in sentencing is just as damaging to the integrity of the law and respect or regard for the legal profession. The Tánaiste referred to this also in his speech:

I made the point that there has to be consistency in sentencing. When it comes to the mandatory minimum sentencing provisions applicable to section 15A drug trafficking offences, the will of the Oireachtas, which is also the will of the people, must be given effect... It is a conservative measure to reflect the values of society put in place for the guidance of the Judiciary and to stop people in the drugs trade from serving short sentences and resuming their criminal activities.

Some people may argue that a statutory scheme is not necessary for consistency in sentencing for drug or firearm offences, but if that were the case, there would be no need for legislation...people must be under no illusion that the people of Ireland expect coherent, rational and consistent sentencing from the courts, and if they do not see that, it amounts to potentially grave damage to the administration of justice.

Again, I could not agree more. I welcome this tough stance on sentencing for these vicious crimes. However, the question of mandatory sentencing for convicted rapists has been overlooked in the Bill, as initiated.

Deputy Sexton spoke about events that took place last week and I agree with her. The decision of a judge to allow a convicted rapist go free without a custodial sentence is an outrage and confidence in the Judiciary has been put to the test. Contrast this sentence with that handed down to a councillor who defrauded a local authority of £7,000; he got a sentence of over a year. What does that tell us about our value system?

I do not believe there is a worse crime than rape, apart from murder. That said, I would like to see zero tolerance and as tough an approach to the crime of rape as is now being applied to drugs and firearms offences. I understand the Minister's reluctance to interfere in the dispensing of justice, but if the will of the Oireachtas is being ignored, as he has said, Members have both a duty and responsibility to act to remedy the problem. The judge in the case referred to by Deputy Sexton has, in a moment of madness, thrown away his reputation as a fair-minded, proportionate and, most important, consistent adjudicator. I appreciate that mandatory sentencing is a blunt instrument but, frankly, circumstances really could not get much worse.

I applaud the courage of Mary Shannon in waiving her right to anonymity to highlight this gross miscarriage of justice. I have no doubt her courage was fuelled by anger and dismay at the justice system, which has let her down badly. I regard the system as broken in regard to the treatment of rape victims and, as a legislator, I feel a duty to have the matter rectified, as Deputy Sexton indicated.

Having had discussions with the Minister, I know he will be aware of our concern for the introduction of a mandatory sentence for rape. I was informed during our discussions that the Judiciary was asked many years ago to proceed with the introduction of sentencing guidelines but it has not done so. In the face of this inertia, we have an opportunity to step in and provide direction and a framework in which sentencing for the vicious crime of rape can be made mandatory. The only problem I have with the introduction of a mandatory sentence concerns the criminalisation of people under 17 who engage in consensual sex. I recognise this poses a problem but it is incumbent on the House to deal with it. This matter will be taken up very quickly during the term of the next Dáil, when, I hope, we will agree on the age of consent on an all-party basis. We must deal with the matter swiftly.

The best solution involves both mandatory sentencing and a sentence advisory panel modelled on the one that operates in the United Kingdom. Proportionality, consistency, appropriateness and, above all, transparency are most important in sentencing for crime. Our current system certainly does not offer these, as instanced by the events last week. This Bill affords us the opportunity to incorporate these elements into future sentencing policy and I hope the Minister will consider an amendment to include mandatory sentences for rape. Events such as the one last week display how desperately we need it.

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