Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I move amendment No. 8:

In page 29, to delete lines 13 to 18 and substitute the following:“(a) not later than 2 years after the coming into operation of this section, commence a review of enactments which provide for the imposition of minimum sentences for offences and without prejudice to the generality of the foregoing the Minister may, as part of the review, consider—

(i) whether the continued imposition of such minimum sentences through the operation of such provisions is appropriate in respect of all offences to which such provisions apply, and

(ii) the extent to which in practice such minimum sentences are imposed in accordance with such provisions,

and

(b) not later than 12 months after the commencement of that review, make a report to each House of the Oireachtas on any findings of that review.”.

This amendment does not in any way impact upon the substance of the provision now contained in section 29. The Minister for Justice and Equality of the day will still be required to undertake a review of legislative provisions that impose minimum sentences, whether those sentences be presumptive or mandatory. The Minister will also still be required, within 12 months after the commencement of that review, to make a report to each House of the Oireachtas. The primary purpose of the amendment is to provide a context for the review so that it is clear that its purpose relates to the appropriateness of minimum sentences in general and to the extent to which the provisions in this area are applied in practice.

See this speech in context