Seanad debates

Wednesday, 21 March 2007

10:30 am

Photo of David NorrisDavid Norris (Independent)

I also support Senator Cox and I am glad her proposal has been seconded. I look forward to the vote. In particular, I welcome the manner in which she introduced the matter because she asked for a debate rather than making a knee-jerk response by demanding mandatory sentences. Members should listen to the Minister for Justice, Equality and Law Reform, as this matter is problematic. The judge in question is a very fine judge and there may have been reasons for what he did in the knowledge that the sentence could be appealed against by the Director of Public Prosecutions. However, there is a human tragedy behind this issue, as well as the fact that a remarkable young woman was put through this process. She is extremely lucky to have the support of a valiant and dignified family.

I warn against automatically seeking mandatory sentences which are blunt instruments. This morning I listened to a programme on which a distinguished lawyer from Georgia recounted the story of a young man who was a fine athlete and student and who attended a party at which he had sex with his girlfriend. He was 17 years old, she was 15 and he received a mandatory sentence of ten years in prison. How does this improve society? It was a consensual act. It seems that this is what happens if one opts for the blunt instrument. It constitutes easy politics; in America people went for the "three strikes and you are out" policy. Consequently, a young man was sentenced to 25 years in prison for stealing a pizza.

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