Ivana Bacik (Independent) | Oireachtas source

As I did not have an opportunity to do so yesterday, I would like to extend my condolences to the family of the late Shane McEntee and to our colleague, Senator Clune, on the sad loss of her mother.

On another note, I compliment the Leader and the staff of the Seanad on the excellent hearings held in this Chamber in the first week of January by the Oireachtas Joint Committee on Health and Children, which were well attended by Members of the Oireachtas and members of the public and were well reported. It was a really good use of the Seanad Chamber, as I am sure my colleagues will agree.

Yesterday, many of my colleagues spoke of the need for a sentencing policy in light of the largely suspended sentence handed down in the case of Patrick O'Brien from Bray two days ago. I join in the call for that debate and ask that it be broadened to include the general treatment of sex offence cases within the criminal justice system. Over the past year there have been several worrying cases in which sentences appeared to be somewhat inconsistent and out of line with the normal practice, which is that offenders in serious sex offence cases receive substantial custodial sentences. It is most worrying if there are disputes between individual sentencing judges and the Court of Criminal Appeal which appear to change the nature of a sentence or to render it somewhat different to the normal run of substantial custodial sentences. It is important that victims of sexual abuse are not put off reporting abuse because of sentences or because of cases such as this one. It is important to remember that since 1993 the Director of Public Prosecutions has had the power to appeal unduly lenient sentences, and there have been several high-profile instances in which sentences have been increased on appeal. That is a very important power. We need to debate sentencing policy and we need a codifying Act that brings together all the different piecemeal changes that have been made to the law on, and sentences for, sex offences over the years. The previous Government promised such a Bill and it is in this Government's legislative programme. We see now an urgency to codify the law on sex offences.

We need also to review our criminal appeal system. Anyone with any knowledge of the working of the Court of Criminal Appeal knows how unsatisfactory it is that the court is not placed on a permanent footing. There are frequent changes to judicial personnel on the court and there are long waiting lists before the court hears appeals, particularly appeals against conviction and sentences. This case highlights several issues and I join with others in expressing my concern about it and in calling for a debate on the broader issue of the trial of sex offences.