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

I have not seen that letter, but there was an article on the front page of The Irish Timesduring the week which I believe covered the case the Deputy is referring to. I read that article. Rape is one of the most heinous crimes that can be committed on any individual, whether on a man or a woman, and it is particularly serious and egregious when that crime is perpetrated by a husband, wife or family member, particularly when the victim is a child. Everyone in the House will agree with those sentiments.

The Domestic Violence Bill is making its way through these Houses at the moment. The Domestic Violence Bill passed Committee Stage in this House as recently as this morning and I appeal to all parties in this House to co-operate with the Government to help get that Bill passed. The Opposition can really help the Government on this by making sure that we do not have unnecessary amendments or repetitive debates. We can all work together to get that through, and I would appeal to all parties to help us with that. In addition, the Judicial Council Bill 2017 is before the Seanad. That Bill potentially provides for the making of sentencing guidelines, which is something the Government is very keen to explore with Opposition parties.

We do, however, have to make a distinction between guidelines and mandatory sentencing. We have separation of powers in this country. Judges sit through entire cases for days and days, something we do not do. They hear all of the evidence and all sides of the story, including any mitigating factors. I am not referring to any particular case but am speaking generally. It is not right for us, having not sat through these cases and heard the evidence, to second-guess the judgments made, because ultimately it is the judges who sit through those cases for days and days, hear all of the evidence, all of the arguments and all of the circumstances and ultimately come up with a sentence on that basis. I do not believe that it is correct that people who do not do what judges do should second-guess their decisions. Having said that, nobody agrees with inconsistency in sentencing, and if there is room for guidelines in that area we are certainly happy to explore that with other parties.

See this speech in context