Ivana Bacik (Independent) | Oireachtas source

I believe we are all agreed that this is a heinous crime and it is good to see it being defined and laid out in such detail in this important Bill about the sexual exploitation of children and of adults. However, I wish to inject a small note of reality into the debate. The amendment which has already passed without contest simply allows for a fine to be included alongside imprisonment. It is a technical amendment. When one looks at subsection 5, the subsection into which the amendment is being made, one sees that it provides for the sentencing in standard fashion - "a person shall be liable on summary conviction to a class A fine or imprisonment, not exceeding 12 months, or both". It is not a mandatory sentence of any kind. A summary conviction is in the District Court which is where fines are imposed in more cases than in the Circuit Court. It is at conviction on indictment where one sees the sanction of imprisonment for a term not exceeding ten years. If a person is being prosecuted on indictment in the Circuit Court on an offence under section 3, they are more likely to be subjected to a term of imprisonment than if they are being prosecuted in the District Court where fines are already imposed. It is simply technical that "fine or imprisonment" is always in there. One would very rarely have fines imposed by way of penalty where there is a conviction on indictment in the Circuit Court for an offence of this seriousness. I reassure colleagues that, as a matter of practice and reality, where one has an offence of this serious nature proceeding to prosecution on indictment, prison is the most likely outcome and much more likely than in the District Court. However, imprisonment is not mandatory in either case. The Bill uses the term "shall be liable". The point is that imprisonment is the maximum penalty.