Dáil debates

Thursday, 13 November 2008

3:00 pm

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 1: To ask the Minister for Justice, Equality and Law Reform his views on the implementation of the law in respect of mandatory sentences for drug dealers; and if he will make a statement on the matter. [40281/08]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I know the Deputy appreciates that the courts are, subject only to the Constitution and the law, independent in the exercise of their judicial functions and the sentencing of offenders is clearly a matter for the presiding judge.

The Deputy refers to one of the few exceptional situations where the legislature has intervened by statute to create mandatory sentences for certain crimes. Section 27 of the Misuse of Drugs Act 1977, as amended by the Criminal Justice Acts 1999, 2006 and 2007, provides for mandatory minimum sentences of not less than ten years imprisonment for individuals convicted of a first offence under sections 15A and-or 15B of that Act of possession or importation of controlled drugs for sale or supply with a value over €13,000. The mandatory minimum sentence, or to give it its more accurate description, presumptive minimum sentence, is to be imposed in all cases but those with very specific and exceptional mitigating factors.

It is too early to come to any concrete conclusions on the impact of the provisions contained in the Criminal Justice Acts 2006 and 2007 which deal with this matter. However, the statistics for convictions in the Circuit Court in 2007 show that there was a 100% increase in the number of sentences of ten years or more imposed by the court for these offences compared to 2006. In 2006, there were 83 convictions and in nine of those cases a sentence of ten years or more was imposed, while in 2007 there were 99 convictions and in 22 cases a sentence of ten years or more was imposed. The legislation will continue to be kept under review.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Notwithstanding what the Minister said about the independence of the Courts Service and the Judiciary, there is still a difficulty that he and his colleagues should address. The will of this House, as enshrined in legislation, is not being acted upon. What steps does he propose to take to ensure the will of this House is acted upon and followed through? While I am not a fan of mandatory sentencing, there are serious crimes, particularly related to drugs, where we need to ensure stringent and strict penalties are brought to bear. Does the Minister regard it as satisfactory that of a total 260 cases under the Misuse of Drugs Act in the past three years, 40 have involved convictions and carried the mandatory sentence we, as legislators, have pressed on the legislation? Has the Minister met members of the Judiciary and the president of the courts? Would he consider it beneficial and useful to meet the president of the courts to see what impediment allows the courts in many circumstances to go against the will of this House as enshrined in legislation?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

I have met the Chief Justice and many members of the Judiciary, particularly since I became Minister for Justice, Equality and Law Reform. However it is not my job, nor am I entitled or allowed under the Constitution, to interfere in their judicial discretion on their decisions.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

I never said "interfere".

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Section 33 of the Criminal Justice Act 2007 amended the 1977 Act to put in an interpretation clause. The clause emphasised that the decision to depart from the presumptive minimum sentence of ten years must be based on the presence of exceptional and specific circumstances relating to the offence or the offender which would make it unjust in all the circumstances to impose a sentence of not less than ten years. That statement was made by this House. There was dissatisfaction at how the minimum ten year sentence was being implemented and we have put the onus on the Judiciary. That was a statement from this House to show we wanted these sentences imposed as often as possible. However, the Judiciary has its discretion and we cannot interfere with it.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

I regret that the Minister appears to adopt a wait-and-see, hands-off approach. Included in his party's programme for Government is a commitment to establish a judicial sentencing commission which would formulate sentencing guidelines. Where stands that commitment and what progress has been made?

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

A new IT project is being trialled, led by Mrs. Justice Susan Denham on the implementation of the Irish sentencing information system, ISIS, to allow judges to have consistency of sentencing. They will be able to access a database to see the norm for offences they might be trying. The database is fairly well complete, has been trialled in one area and is being trialled in a second area. It is a matter for the Courts Service. We have provided it with the resources to ensure that is put in place across the system to allow a little more consistency. At least the judges in their discretion can have a note of what is happening in other courts. We have given it the resources to ensure it is put in place across the system, so there is a little more consistency. At least the judges, in their discretion, can take note of what is happening in other courts.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

The sentencing commission——

Photo of Brendan HowlinBrendan Howlin (Wexford, Labour)
Link to this: Individually | In context

We need to move on to Question No. 2.