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

I am not objecting to that. My approach is entirely different and, with respect, better than the Minister's. It would not give rise to a situation in which I or anybody else has to examine or openly criticise the conduct of the Judiciary. It provides for the establishment of a registered database of sentences because it is beyond me to explain how we can proceed on sentencing without such a record. I do not think the approach being adopted by the Minister is the right one because there is an onus on us to establish a database. I accept the information being sought in my amendment is much too detailed but a register of sentences is a fundamental basis for proceeding on this matter.

The proper approach is not to play tough by demanding mandatory sentences which are not applied but to provide for a range or tariff of sentences. As I understand the matter, which is applicable in virtually every other common law jurisdiction. Given that it works elsewhere, why do we not have such a system in place here?

The third leg of my approach is an expectation that judges would apply sentences within the tariff. Judicial discretion would be allowed because that is a fundamental element of the democratic process and the Constitution, but a judge would be required to openly and transparently explain why he or she strayed outside the guidelines laid down by this House. That seems the proper way to achieve a balance.

I will not oppose the proposal now emerging from the Minister because it is better than the original measure, which I felt was a knee-jerk reaction to gangland crime. He wanted to show how tough he could be in dealing with that issue but now he has to moderate his approach. I believe he was on the wrong tack from the start. I would like to see the approach I am outlining put into effect because it will deal with gangland and other crime while also addressing in a more comprehensive manner the valid technical points raised by Deputy Howlin.

I will not delay the House further at this hour, except to say I will not oppose the measures proposed by the Minister. However, I genuinely believe he is heading in the wrong direction from a practical point of view and may leave us with a sentencing mess in the future.

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