Dáil debates

Thursday, 5 April 2007

Criminal Justice Bill 2007: Report Stage (Resumed).

 

12:00 pm

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)

The Deputy has indicated that he opposes this and other sections. He is not particularly worried about the board of the National Museum certifying firearms but, nonetheless, I get the message that he does not like Part 6.

This section inserts a new subsection, which states: "The purpose of subsections (5) and (6) of this section is to provide that in view of the harm caused to society by the unlawful possession and use of firearms, a court, in imposing sentence on a person (except a person under the age of 18 years) for an offence under this section, shall specify as the minimum term of imprisonment to be served by the person a term of not less than 10 years, unless the court determines that by reason of exceptional and specific circumstances relating to the offence, or the person convicted of it, it would be unjust in all the circumstances to do so."

That is as clear a message as I can state, bearing in mind what the Constitution requires in avoiding disproportionate sentences. It is a clear statement of policy to judges when imposing sentence in respect of grave firearms offences. The policy of the House is that it should carry a ten-year penalty. It does not tie the hands of the Judiciary to do something that would be constitutionally infirm or to behave in a manner——

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