Dermot Ahern (Louth, Fianna Fail)

I know the Deputy appreciates that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the sentencing of offenders is clearly a matter for the presiding judge.

The Deputy refers to one of the few exceptional situations where the legislature has intervened by statute to create mandatory sentences for certain crimes. Section 27 of the Misuse of Drugs Act 1977, as amended by the Criminal Justice Acts 1999, 2006 and 2007, provides for mandatory minimum sentences of not less than ten years imprisonment for individuals convicted of a first offence under sections 15A and-or 15B of that Act of possession or importation of controlled drugs for sale or supply with a value over €13,000. The mandatory minimum sentence, or to give it its more accurate description, presumptive minimum sentence, is to be imposed in all cases but those with very specific and exceptional mitigating factors.

It is too early to come to any concrete conclusions on the impact of the provisions contained in the Criminal Justice Acts 2006 and 2007 which deal with this matter. However, the statistics for convictions in the Circuit Court in 2007 show that there was a 100% increase in the number of sentences of ten years or more imposed by the court for these offences compared to 2006. In 2006, there were 83 convictions and in nine of those cases a sentence of ten years or more was imposed, while in 2007 there were 99 convictions and in 22 cases a sentence of ten years or more was imposed. The legislation will continue to be kept under review.

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