Dáil debates

Thursday, 22 May 2008

10:30 am

Photo of Alan ShatterAlan Shatter (Dublin South, Fine Gael)

There are two matters I would like to raise with the Tánaiste today. The first matter, Sir, arises out of the legislative proposal to provide for a judicial council, which has been around for some time. There were proceedings yesterday in the courts in which a rape conviction was sustained and a sentence imposed of five years, suspended for three, which will result in the offender having to serve two years in jail. He was described by the judge in the course of sentencing as being a person of good character. The leniency of the sentencing has given rise to substantial public concern. I am aware that is not a matter for this House. The Director of Public Prosecutions can appeal against leniency to the court of appeal, and I believe in this case it is appropriate that he does so. However, there are two issues that are matters for this House. There is no mechanism at present in so far as any individual member of the public may wish to complain about comments made by members of the Judiciary. The judicial council would provide that. What is the position with regard to bringing forward that legislation?

Second, in regard to this case, an offer of compensation was made by the convicted rapist to the victim. The victim indicated to the court that she would be willing to accept compensation if ordered by the court but not on the voluntary offer of the convicted offender. There is no legislation at present that allows the courts to require a convicted person to pay compensation to a victim in cases where there are convictions for rape or other sexual offences, or where there are convictions for simple assault.

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