Brian Stanley (Laois-Offaly, Sinn Fein) | Oireachtas source

We support the overall intent of the Bill, which is to discourage drivers involved in accidents from leaving the scene for fear of stiff penalties. Ireland is a country where people are very concerned about road safety. We have made great strides in the past two decades to deal with road fatalities and to make life far safer for motorists and pedestrians.

I concur with what the previous speaker said in respect of cyclists. Something needs to be done about cyclists going up one-way streets, breaking traffic lights and so on.

Last year was the seventh year in a row that the number of people killed on the roads fell. The State is the fifth safest in the European Union in which to drive. Road deaths have fallen year-on-year but, unfortunately, the trend has been undermined by cutbacks. The chairman of the Road Safety Authority, Gay Byrne, said that the fall in Garda numbers and the cuts have resulted in a sea-change in attitudes among motorists, who are no longer afraid of being caught, because they know they are less likely to be caught. We can all see it, especially those who of us who drive a good deal. Rural Deputies who do a good deal of driving know about it.

There are far fewer gardaí on the road. Gay Byrne said it was frustrating to realise that having come down to 161 deaths on the roads in 2012, we are now looking at reaching over 200 deaths this year. A Road Safety Authority survey has shown that 70% of the motoring public believe enforcement has dropped. Garda cuts have led to a drop of more than 50% in the detection of some of the most dangerous driving offences. Fewer people have been caught drink driving, driving dangerously, not wearing seat belts, speeding or driving while using mobile telephones in 2013.

I put it to the Minister that there is a major problem with people texting and driving. It is something the Minister and his officials should consider. I witness it every day and what we are looking at is horrific. It is a miracle that there have not been more accidents. Some action must be taken on this - I say as much in a genuine way.

As of October fewer than 330,000 breath tests have been carried out on the roadside whereas 470,000 were carried out in the same period last year. If the trend continues approximately 30,000 fewer tests will be conducted in 2013 compared with 2012 and that is clearly hampering efforts. The Garda needs resources to stop road deaths and gardaí need to be seen on the roads throughout the State. I realise they cannot be everywhere but there is a noticeable lack of visibility and there has been a reduction in visibility in the past three years. The Garda traffic corps has been reduced to approximately 800 officers from 1,250. The Garda is doing a good job and has done a good job implementing a positive road safety policy but the force needs the resources to hold the line. It is not something on which we can slacken off. Unfortunately, austerity is undermining the ability of the Garda to do this. While hit-and-run perpetrators should face stiffer penalties I wonder whether the Garda has the resources necessary to implement the changes outlined in the Bill. Are we simply fighting to hold on to the progress made so far? Of course, that does not mean we should not deal with the issue now.

The act of leaving the scene of an accident which could possibly cause a life-threatening injury is a gross act of irresponsibility and a maximum sentence of six months for this is not enough. One could argue that this is likely to be imposed on top of other sentences, including, possibly, manslaughter, dangerous driving or drunk driving, but that will not always be the case. A person could be involved in an accident in which he was not at fault but still leave the scene of the crime and this is also a serious offence.

Judges need to be allowed to use discretion to ensure proper sentences are given in each case, taking all circumstances and issues into account as well as the specific details of what happened and why. This is why Sinn Féin remains a strong opponent of mandatory minimum sentences, which takes away discretion from judges. In recent times, several scandalous cases have come up in which judges have handed down incredibly lenient sentences for serious crimes, including rape. This is unacceptable and I am pleased that in some of these cases there have been appeals and the sentences have been found to be insufficient. We have a system for dealing with the matter but it should be remembered that when a conviction is secured, for the most part, judges use their wealth of experience and legal knowledge and give appropriate sentences. Anyway, we should not tie their hands when it comes to making a decision that fits each case and crime. We should give judges a guide in how certain crimes should be sentenced.

Leaving the scene of an accident is a serious matter. The maximum sentence limits imposed on the Bill are adequate and fair, giving the judge sufficient room to punish adequately the full range of potential offenders in hit-and-run cases.

I wish to take this opportunity to raise the issue of sentencing guidelines.

This is very important because the public must have confidence in the courts' ability to do their job and to uphold justice. This is especially important for victims, particularly in respect of crimes that have low levels of reporting. Guidelines could help to deal with this matter while also addressing the issue of unnecessary imprisonment for minor misdemeanours and unpaid bills. According to the probation services and the Irish Prison Service, there was a 30% increase in the prison population in Ireland between 2006 and 2010, which has placed a massive strain on resources and on the ability of the Prison Service to accommodate prisoners in a humane way. This is not due to a significant increase in the number of cases that attract prison sentences but because the average length of sentences handed down has increased.

The Minister for Justice and Equality must consider how a reform of prison sentencing policy can be implemented to reduce the prison population. Sinn Féin recognises the critical role of sentencing in the justice system and in my party's view, sentencing and penal policy objectives should have a focus on community protection and rehabilitation. Sinn Féin understands that custody does not always make a meaningful contribution to the justice system or represent a lasting solution unless it is underpinned by an effective regime that serves crime prevention and offender reintegration objectives. The Minister for Justice and Equality must introduce these guidelines on sentencing to ensure a level of consistency, supported by proper training for the Judiciary and a sentencing guidelines council to provide monitoring in this area, as part of a broad range of measures to address prison overcrowding, as well as to protect people's confidence in the ability of the courts to deal with serious criminals.

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