Jim Walsh (Fianna Fail) | Oireachtas source

I take the Minister's point that, in general, the option of "fine or imprisonment" applies right across all statutes. However, it is not universal within our Statute Book. If my memory serves me right there is mandatory imprisonment for offences regarding drug pushing. We have seen that sanction ignored by our Judiciary which, unfortunately, is a law unto itself when it comes to these issues and is not in any way accountable. Over the last decade the Judiciary has successfully resisted the efforts of Administrations to establish a judicial council, which operate in more progressive and democratic administrations.

We cannot compare the sexual exploitation of children - which in many instances may have a lifelong impact on those children - with other offences on the Statute Book where this discretion is allowed.