Jim O'Keeffe (Cork South West, Fine Gael)

I am not sure we will fall apart on this issue, or indeed on any issue. We will certainly not fall apart on this. It is an opportunity for us to outline our stance on the position of an accused before the court. My concern above all is that there must be a fair trial and a fair opportunity given to the accused. This proposed section is formulated in such a way that it could, by inference, exclude certain matters that should properly be put before the court by the defendant. If we specifically provide that counsel on behalf of the defendant may address the court on the evidence and on the defendant's state of mind, it could be said by inference that the court could not be addressed in regard to any matter other than these two.

As the Minister pointed out, there are situations where the judge properly looks for information on the position of the accused, such as marital status, employment or employment prospects and so on, before deciding a penalty. It is more likely such considerations will arise in the lower courts rather than in the criminal courts. I have always found the practice that has developed sensible and reasonable from the point of view of giving the judge a better fix as to what is an appropriate penalty.

It is worthwhile looking at the issues raised by Deputy Howlin. It is an issue we should consider carefully and closely in the next several years. Deputy Howlin will have my fullest co-operation in so doing. For now, however, I hesitate to rush into accepting it.

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