Dáil debates

Wednesday, 25 June 2008

Nuclear Test Ban Bill 2006: Report and Final Stages

 

4:00 pm

Photo of Ciarán LynchCiarán Lynch (Cork South Central, Labour)

We are discussing nuclear explosions and bombs. I welcome the Minister of State's late clarification because all of us on Committee Stage were of an understanding not shared by him.

The proposition of the amendments is simple. The Labour Party seeks to amend the Bill in two respects. The Bill suggests that a year in jail or a fine of €5,000 is a sufficient sentence or penalty for involvement in the setting off of a nuclear explosion. There has been much discussion of a recession, but even a reduction of fines to €1,000 might be an overstep. The idea that Ireland is proposing to deal with a serious offence by imposing a sentence of one year in jail or a €5,000 fine is a misreading of the situation. The Minister of State was wrong to say on Committee Stage that there is no provision to accommodate the amendment, as other legislation on serious crime, such as rape, disorder, murder, manslaughter and attempted murder, would accommodate it. There are no minor provisions made therein, for example, bringing the matter before the District Court. Instead, a judge uses his or her discretion in making a determination and handing down a sentence. It ill behoves us to limit sentences in this respect.

The sentence addressed by the second amendment — "a fine not exceeding €5,000 or imprisonment for a term not exceeding 6 months" — is paltry. While a lesser jail term such as this would be merited in the event of someone who may be a second or third party to the offence, the Labour Party is of the opinion that the penalties and tariffs are at levels far below those merited. We suggest an increase in the jail period to two years and an increase in the fine to €500,000.

I ask that the Minister of State accept the amendments. While I acknowledge that he did not instigate the Bill, we now have an opportunity to identify an obvious anomaly via acceptance of the first amendment and to correct it via acceptance of the second amendment.

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