Michelle Mulherin (Fine Gael) | Oireachtas source

I, took, welcome the Minister. I also welcome the Bill which responds to the High Court decision of Mr. Justice Moriarty in which he found part of the Criminal Justice Act 2006 to be unconstitutional. The Bill aims to ensure an individual who receives a suspended sentence will find that it will not be triggered, except in accordance with due legal process, as provided for in the Constitution. No one should be deprived of his or her liberty without being subject to the checks and balances of the criminal justice system. Apart from providing comfort for an individual facing the loss of his or her liberty, these checks and balances allow us to have confidence in the system. The general public must know that a person will only be incarcerated when it is just. The judgment was handed down last April and it is important that we pass the Bill.

There is general consensus on the Bill. I ask that, with the Bill, we consider other aspects of the criminal justice system. Senator Ivana Bacik has been involved with the Law Reform Commission and referred to a report produced in 2013. The criminal justice system is not just about reforming people; it also acts as a deterrent and ensures people have a sense of justice. Victims and those who belong to them are important, but there must also be a balance. We have to be very careful. When an order for incarceration is made or it is decided that someone is to be sent to prison, it must mean something. These orders need to be followed through. That consecutive sentences should not be pursued is not something with which I would agree. I highlight the murder of Sharon Whelan, which case has been before the Court of Criminal Appeal and which has been mentioned in the media. She was raped and murdered in her home, with her two children, on Christmas Day 2008. Following the initial trial, the man convicted of the murders received three consecutive life sentences. Arising from the appeal last Friday, his sentence was reduced and the sentences will now run concurrently. The criminal justice system is not very nuanced. As I understand it, the ruling means that after seven years the man convicted will be able to go before the Parole Board to have his pathway to freedom set out.The individual in question may serve a sentence of as little as 12 years, which would be devastating to the Whelan family. It offends everyone's sense of justice that such a short sentence could be served for taking three lives.

A report produced by the Law Reform Commission in 2013 suggested that mandatory life sentences remain in place and judges rather than parole boards set out minimum terms of imprisonment in such cases. Such a change would make the system much more transparent because the judge in the case would also set out the reasons for the minimum sentence. The Irish Penal Reform Trust, which advocates for prisoners' rights, also sees merit in changes that would provide for differing circumstances to be taken into account as mitigation or factors making a case more serious.

The Whelan family are not the only people affected by these types of cases. Sharon Whelan's brother, John Whelan, is now the head of AdVIC, an organisation that advocates for victims' rights. Society cannot stand over this type of sentencing because it sends out the wrong message. While it may be considered progressive to speak about rehabilitation, people must want to be rehabilitated. Another aspect of sentencing is the seriousness of the offence that has been committed. The prospect of a person who has committed murder being released after 12 years is sickening to the core.

The report of the Law Reform Commission also notes that people who commit murder do not have an incentive to plead guilty. Only 10% of accused persons in murder cases pleaded guilty in 2015. This means the State and families incur legal costs and expenses and most people do not plead guilty as doing so is of no benefit to them. This is wrong and the system needs to be reformed to address this issue.

While the Minister has many issues on her plate, the case of the Whelan family offends everyone's sense of justice. I would like justice to be served for the family and other families in similar cases. People can rehabilitate all they want but if they take a life, they should serve more than 12 years in prison. While I appreciate that the Minister may wish to have these matters considered further by the Joint Committee on Justice and Equality or in another forum, reports have already been produced on the issue. It is important also that victim and prisoner groups agree that reform is necessary.

Life should mean life and failing that, judges in murder cases should be able to specify minimum sentences. Murder cases are harrowing and it is wrong that concurrent sentences can be imposed in a case where three lives were taken.

I am a little concerned by the lax attitude to justice shown by Sinn Féin Senators. The view that threatening and intimidating behaviour should not be viewed as criminal would not be accepted by reasonable persons. We should ask people who live with such behaviour what their views are on the issue. If people cross a line-----