Seanad debates

Tuesday, 7 March 2006

2:30 pm

Photo of Jim WalshJim Walsh (Fianna Fail)

In view of the comments that have been made about the current crime situation, I seek a debate on the criminal justice system. I do not fully subscribe to the suggestion that more legislation is required, although specific Bills might be desirable. In general, however, there is sufficient legislation in place to bring many of these people to justice. It is interesting, with regard to the case under discussion, that the alleged perpetrator was accused anecdotally of various other serious crimes but because these cases were not pursued by the Director of Public Prosecutions, the person was still at large.

There have been other such instances. We need to debate the evidential thresholds that have been set because they are undoubtedly leading to a situation where serious criminals are walking the streets without fear of prosecution or incarceration. This must be examined with a view to getting the balance right.

We should also discuss the implementation of legislation. The legislation providing for mandatory sentences for those in possession of drugs, for example, is now being interpreted by the Judiciary as providing for maximum sentences, not mandatory sentences. This has led to a situation where sentences are now lower and of less significance than they were previously. There is a need to examine this issue and a debate in this House could be most helpful.

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