Dáil debates

Tuesday, 24 April 2018

Leaders' Questions (Resumed)

 

2:15 pm

Photo of Mary Lou McDonaldMary Lou McDonald (Dublin Central, Sinn Fein) | Oireachtas source

There are serious issues with the sentences handed down for sexual crimes perpetrated against women, children and men in the State. This evening, RTÉ's "Prime Time" will air a programme which underscores this truth. The programme centres on the rape of three young girls at a foster home in County Galway between 2003 and 2007. The girls were all under the age of ten when they were subjected to the vilest assaults at the hands of Keith Burke who lived in their foster home. There are serious questions as to how the HSE handled the initial reports of abuse and how children were left to live with Mr. Burke after these reports were made. I have no doubt but that more details of the handling by the State and the HSE of these cases will emerge.

What we know is the gravity of the crimes committed by Keith Burke against these young girls. We also know the leniency of the punishment handed down by the courts. From an initial 70 charges reduced to 39 sample counts, Mr. Burke was found guilty on 23 counts. At a sentencing hearing two weeks ago for the rape and brutalisation of these children, he received seven and a half years' imprisonment with one year suspended. Nobody with an ounce of common sense or compassion would argue that this sentence was in any way proportionate or that it represented justice. We could try but I doubt we could imagine the burning anger and heartbreak of Keith Burke's victims at this sentence.

The leniency of sentences for sexual crimes fundamentally undermines public confidence in the administration of justice. This is a most serious matter. How we address this deficiency in our criminal justice system is a big challenge for us, as legislators. I have asked the Taoiseach on several occasions to consider the introduction of sentencing guidelines which would be drafted by a sentencing committee. Making such a proposal does not encroach on the separation of powers or the autonomy of the Bench. It would ensure, however, that prison sentences are proportionate with the crimes committed.

Our justice spokesperson, Deputy Ó Laoghaire, has tabled amendments to the judicial appointments Bill in line with these proposals. We wish to be constructive on this matter. We want to work with the Government to resolve these issues. The Government must take into account how badly these young women, and many others, have been failed by our justice system. I am of the view that our amendments are critical to achieving the best possible outcome in the interests of the public at large and, in particular, for the victims of rape and sexual abuse. Will the Taoiseach give a commitment that the Government will support our amendments?

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