Donnchadh Ó Laoghaire (Cork South Central, Sinn Fein) | Oireachtas source

There are a number of elements to this. First, I wish to draw a distinction between mandatory and presumptive minimum sentences. Sinn Féin is opposed to mandatory minimum sentences. They are an extremely blunt instrument and in many instances have increased incarceration rates enormously , particularly those relating to members of the African-American community. They were used by various American states to such an extent that it led to the mass incarceration of young black men. Mandatory minimum sentencing takes away any judicial discretion or ability to judge and ascertain. Presumptive minimum sentences are a different animal but they should be used advisedly. That said, what is outlined in this legislation is in close accordance with what one would imagine to be a sensible sentencing approach by a judge while also keeping in place what has been described by Tom O'Malley in Sentencing Law and Practiceas a significant safety valve where it applies to the Criminal Justice Act 2007. It makes sense to have a similar provision here. It retains judicial discretion. I listened to the points that were made and I continue to take them on board. I will not support the amendments as currently proposed but I will engage with our Senators in this regard.

I am more than a little disappointed that the Minister, who was present, has absented himself because I had an issue I wanted him to address, namely, the concern I have about this Bill. With due respect to the Minister of State, Deputy Moran - perhaps he can attempt to address the matter again - I was not entirely satisfied with his response to the point I raised. I was anxious to hear the Minister's point of view on this. I hope he will attend and speak in the Seanad debate because it is important. This is a criminal justice Bill, and it is not right that he should not contribute to the debate. I appreciate that this is the Minister of State's initiative but the Minister has a responsibility to make his statement on it. My concern - and I hope the Minister of State will address this, but again I will ask the Minister to do so as well - is that this sentencing approach may create a disincentive for the accused to plead guilty, which is a fairly weighty issue. If this takes away the incentive for the accused to relieve the victim of the trauma and pressure and everything else involved in a sexual assault or rape case, that is a deficiency. Certainly, if that is not addressed, we may reconsider our position on these sections.

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