Leo Varadkar (Dublin West, Fine Gael) | Oireachtas source

The Deputy raised two issues, the first of which relates to a driver leaving the scene of a collision and the second which relates to sentencing. On the first issue, I am open to the suggestion of making leaving the scene of a collision an indictable rather than summary offence. However, a complication arises in terms of proportionality. I would need to study the matter further and to seek the advice of the Attorney General on it because as the Deputy will be aware, under the Constitution crimes must be dealt with proportionately. As such, the offence applicable would have to be similar to that which pertains in relation to, for example, leaving the scene of a serious assault. In other words, we could not provide that it is an indictable offence to leave the scene of a road traffic collision and not an indictable offence to leave the scene of an assault. I will have to seek the advice of the Attorney General in regard to whether that is consistent and proportional. I am however open to the Deputy's suggestion in this regard.

On mandatory sentencing, I do not favour it. It generally tends not to work. Judges do need discretion. We are all aware that in some cases there are aggravating and mitigating circumstances. This is the reason we have courts, judges and juries to make decisions. There is also the issue of where the crime occurs in another country and there is a risk of acquittal of a guilty person because the judge or jury believes the mandatory sentence is too high in the circumstances and the person, rather than being convicted of murder, is acquitted or convicted of a lesser offence because the judge or jury does not believe the minimum sentence is appropriate. I was interested to hear a person from the Rape Crisis Centre say in a recent interview that this organisation is against mandatory sentencing in the case of rape for the type of reasons I have outlined. There is an interesting debate to be had on the issue.

On consistency, I agree with the Deputy that people need to have confidence and faith in the justice system and will not have it if there is inconsistency in sentencing. It is for the Minister for Justice and Equality, Deputy Shatter, to respond to that issue. While I do believe a set of guidelines would be beneficial, whether a judicial council is the appropriate mechanism in this regard I do not know. The Deputy is right to raise the issue of consistency, although I do not know if it is a problem or is just reported as so. However, the issue needs to be addressed.

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