Joe O'Toole (Independent)

On a related matter, we recently discussed mandatory sentences and Members expressed concern about the fact that mandatory sentences were not being implemented. At the time, I suggested it would be useful to have a debate on the matter. In this respect, it was interesting to hear a distinguished barrister this morning outline the reasons mandatory sentences are not imposed. If we want to look for the cause of the problem, it is right here with us because we put into the legislation a requirement that judges would take into consideration special circumstances. It also relates to information brought to the court by the gardaí which judges are required to take into consideration and which leads to the conclusion. We need to have such a discussion on the matter here. The question of whether it is a national emergency is another matter, but there are things we could do.

There is a simple measure we can take. We recently passed legislation to allow the Judiciary to draw inferences from certain statements or pieces of information. The Chair will recall that a major change in our legal system allowed the court to draw inferences from a person exercising the right to silence. There is no such facility in the legislation on mandatory sentencing, which is something that could be done without presenting difficulties in regard to the Constitution. We need to understand this and know exactly where we are going. At the end of the day, if we get it wrong and the wrong people are convicted, we will be the first to stand up and accept that, but we need to get it right and this is a way in which we can approach it.

This question has been raised on at least four occasions here but always after I have spoken and I have been unable to deal with it. It relates to what is happening in the library and research service in the Houses of the Oireachtas. I draw Members' attention to something everyone received in the post this morning from one section of the library and research service downstairs. I will not bore the House with it, but I draw its attention to the fact that it is an unbiased and disinterested document of pure fact.