Ivana Bacik (Independent) | Oireachtas source

The Senator might look at the Joint Committee on Justice, Defence and Equality and the work we have been doing. In fact, we had a debate on appointments to the Judiciary in the past few months, at my initiation, looking at the work of the Judicial Appointments Advisory Board, JAAB, and gender breakdown among the Judiciary. I tabled a matter on the Adjournment on this issue a short time ago. In recent years we have had a significant increase in the proportion of women in the Judiciary. I ask the Senator to look at the figures. Anyone who is interested in this area, before he or she starts shouting about it, should look at the figures. Up to a third of our Judiciary are women at different levels and in different courts. Certainly there are some imbalances, but it is a huge improvement on the number of women in the Judiciary just ten years ago. In 2003, my colleagues and I in Trinity College did a major report, the first and only one of its kind in Ireland, called Gender InJustice, looking at the gender breakdown among the legal profession and among the Judiciary. At that point we were concerned about the low levels of women among the Judiciary, but I think that issue has been addressed in more recent appointments and we have seen a much better balance in members of the Judiciary.

With regard to sentencing in rape and sexual offence cases, of course there has been concern. I am one of the people who expressed concern at some recent reports. It is important to note that since 1993 there has been a provision whereby the Director of Public Prosecutions may apply to review a sentence handed down on grounds of undue leniency. We have seen that review mechanism applied in quite a number of cases where concerns have been expressed, and sentences have been altered at the Court of Criminal Appeal on the basis of reviews. The DPP has 28 days from the handing down of a sentence to initiate the review procedure. In any current case, it would be wise to remember that review process may well be utilised.

In the justice committee, we have taken a stand against mandatory sentences, as has Rape Crisis Network Ireland, regarding the maximum sentence appropriate for rape, which is life imprisonment, and pointed out that judges should have discretion. I do not agree with mandatory sentencing for drugs offences either, with the presumptive minimum sentence that exists. Certainly a debate on sentencing would be useful, but the Joint Committee on Justice, Equality and Defence is currently looking at judicial appointments and has done some work on this already.

I commend all those involved in yesterday's debate on the Gender Recognition Bill 2014. It was a good day when the Bill was finally passed in both Houses and came back to the Seanad for us to agree Report Stage amendments. The Bill changed significantly and was improved during its progress through both Houses of the Oireachtas, particularly during the Seanad debate. As the Minister for Social Protection, Deputy Joan Burton, and the Minister of State at the Department of Social Protection, Deputy Kevin Humphreys, pointed out, the Seanad has been instrumental to the positive changes made to the Bill. Last week I organised a seminar in Trinity College at which Senators David Norris and Katherine Zappone were speakers, along with Ann Louise Gilligan, Professor Mark Bell from Trinity and Brian Sheehan from GLEN. We talked about the positive impact that legal advocacy - through particular cases, but also in the form of legislation and referendums - has had on the progress of LBGT rights. Yesterday's Gender Recognition Bill marks another stage in the development and progress of rights, particularly for transgender persons. I look forward, as other colleagues will, to the outcome of the two-year review that was built into the Bill. That is the outcome of an from the Seanad, and it strengthens the Bill because it will allow us to deal with issues that were raised during the debate and are not addressed in the Bill.