Seanad debates

Thursday, 20 December 2007

10:30 am

Photo of Labhrás Ó MurchúLabhrás Ó Murchú (Fianna Fail)

I endorse Senator Fitzgerald's comments on the sentencing yesterday of the rapist of Ms Mary Shannon from County Clare. That she had to go public in such a manner to get justice is an indictment, not only of the inconsistency of sentencing of the courts, but in many ways of us as a society as well. One can only imagine the trauma that she and her family have gone through in recent months. She demonstrated exceptionally strong character in the dignified response she gave to the sentence.

It is important that we have a debate on sentencing in this House. There is confusion among the public in regard to the sentences being handed down. Sometimes — I do not mean in this particular case — we wonder exactly what is the basis of a sentence. We have repeated debates, both in this House and in the Dáil and we, as legislators, must engage in this type of debate. On one occasion I had reason to make reference in the House to a sentence which I thought was not correct and I understand queries were made outside of the House subsequently as to what right I had to criticise a judge. That is worrying in a democracy. I have been proved right because the appeal was successful in that case.

We should not feel intimidated. Even though we respect the Judiciary and no doubt the legal profession, and I certainly would agree with many of the comments made by Senator Regan regarding the legal profession, at the same time it is vital that we feel free to come into this House and make known our views. Yesterday's case should be a watershed in that regard.

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