Dermot Ahern (Louth, Fianna Fail)

There is no entitlement to any form of release and we do not release any prisoner convicted of murder who is still considered a threat. We have never released any person involved in organised crime convicted of murder and there are prisoners who have been in prison over 30 years. Introducing a tariff of 25 years might act to prevent a Minister detaining someone for longer than 25 years, because a decision to detain someone longer than the 25 year tariff imposed by a court would lead to judicial review. The 25% remission applying to fixed sentences has been operating here for over 100 years, and the courts are undoubtedly aware of it in imposing sentences. Obviously, a judge discounts the 25 years when he or she imposes sentence. What would be achieved by abolishing remission when the courts would, in consequence, impose lower sentences? I also doubt that changes could be made in respect of existing sentences which have been imposed by the courts under the existing system.

I shall look at what this Bill has to say about civil restrictions on persons involved in organised criminal activity. However, such restrictions would be very weak compared to the offences gangs commit. I do not think it would be sensible to divert Garda resources from their work to ensure that gang members are locked away for a very long time.

I shall consider the detail of the Bill, but I have warned the House before of the dangers of legislative acts of delusion, particularly ones that, however well intentioned, could actually worsen the situation, as is the case with Deputy Flanagan's suggestion of 25 year sentences.

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