Alan Shatter (Dublin South, Fine Gael) | Oireachtas source

There are certain constitutional and human rights parameters within which the Government and the Legislature have to operate. We are looking at the legislation and how best to approach it. In the case of repeat offenders, of an individual who, for example, has been convicted a number of times, served a sentence, paid a fine or done community service and then offends again, following a conviction, when it comes to a court considering the appropriate penalty to impose and whether it should involve imprisonment or a lesser penalty, evidence is given to it of previous convictions. The fact that someone has previous convictions is one of the factors to be considered by the judge who has to determine what penalty should be imposed. It is not simply a question of whether there is a previous conviction but also the seriousness of the offence committed which resulted in the conviction. Ultimately, as the Deputy knows, the courts are independent in this area. We can provide some guidance through legislation, but when it comes to disposing of an individual case and making a decision on a penalty to impose, it is ultimately a matter for judicial discretion.

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