Enda Kenny (Mayo, Fine Gael) | Oireachtas source

In respect of what Deputy Adams raised about the High Court judgment of 19 April and a constitutional challenge to section 99 - the power to suspend sentences - of the Criminal Justice Act 2006, as amended, this morning, the Department of Justice and Equality is in consultation with the Attorney General's office on the implications of yesterday's decision of the High Court. The High Court judgment delivered yesterday on a number of judicial review cases challenging the provision of section 99 has found subsections of that section to be unconstitutional. The implications of the judgment need to be carefully considered to ensure we can respond effectively. The necessary action will be taken quickly to address the issues raised by Mr. Justice Michael Moriarty’s judgment. If necessary, amending legislation can be introduced into the House very quickly, if necessary within days, despite the fact we do not have the endorsement of a new Government.

Section 99 of the Criminal Justice Act, which enshrined in statute the power to suspend sentences for the first time, had a positive impact when it was introduced in 2006 by ensuring suspended sentences would be served in the event that a second triggering offence was committed. Prior to the introduction of the legislation, suspended sentences were handed down but were seldom reactivated and did not, therefore, act as a deterrent to repeat offenders. While indications are that this judgment will potentially have an impact on a limited number of cases where a suspended sentence was recently activated, it is important that the difficulties identified by the courts are addressed. I am confident this can be done. I have spoken to the Minister for Justice and Equality and the Attorney General. The Department of Justice and Equality is in consultation this morning. If necessary, that matter can be dealt with effectively here in a number of days.

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