Feargal Quinn (Independent) | Oireachtas source

I would like to bring up the whole issue of charging and sentencing in our criminal justice system. I am particularly concerned about the number of cases in which the evidence would suggest that it should be murder yet in which manslaughter is substituted. When a person is found guilty of manslaughter in circumstances where a finding of murder would be more appropriate, it gives rise to an injustice to the victim and the victim's family.

A preference for a finding of manslaughter probably has its origins in times when the sentence for murder was hanging. Faced with the choice of having a person convicted of murder and sentenced to hanging, juries found it easier to make a finding of manslaughter as the offender would not be hanged but would be given a jail sentence.

This practice of interchanging the charge of murder with charges of manslaughter is deeply wrong, especially given that capital punishment no longer applies. Where the evidence of a crime points to murder, I do not think the charge should be reduced to manslaughter. Juries should not be encouraged to dilute the gravity of the offence. It would be valuable if the Minister for justice were to come to the House sometime soon to have a debate on sentencing and particularly the aspect I am raising here today.

I support Senator Bacik's call for a debate on Springboard. I have been involved with Springboard since it began five years ago. I am very impressed by its achievement and the number of jobs that have been created. These were people with degrees which were not suitable any more - perhaps during those years when the construction industry dropped, architects, quantity surveyors and others found their degrees were not suitable. With Springboard, they were able to undertake a different degree altogether. It has worked very well. The Government invested a lot of money in it and is doing so again this year.