Seanad debates

Tuesday, 15 November 2016

Criminal Justice (Suspended Sentences of Imprisonment) Bill 2016: Second Stage

 

2:30 pm

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael) | Oireachtas source

I thank Senators for their support for the Bill. As several speakers noted, it is short but important legislation, which specifically addresses the High Court finding of unconstitutionality in respect of certain provisions relating to the revocation of suspended prison sentences. It does so by explicitly ensuring there is an opportunity for an appeal against conviction or sentence for a triggering offence prior to consideration of revocation of a suspended sentence. There are other procedural changes to related elements of the suspended sentencing regime to enhance its operation and effectiveness. The overall effect of this amending legislation is to ensure the procedural and sequencing aspects of the suspended sentencing system can operate correctly in the interests of the courts system and those who come before it. Senators have recognised this in supporting the Bill, for which I thank them.

Senator Mulherin raised a particular case, which I do not propose to discuss, other than to point out that the average time served for a life sentence has been increasing in recent years and currently stands at 17 or 18 years. I recognise the circumstances the Senator describes in respect of a particular family. It is important that we are aware of such issues and that I give serious consideration to the views of victims. The victims directive is coming through and we will have victims legislation very shortly.

Various reports have been produced on mandatory presumptive minimum sentencing, an issue on which views are divided. I will take heed of the points made by Senator Mulherin and revert to her on some of them.

In developing sentencing policy, it is very important to strike the right balance to achieve an effective and fair sentencing system. In general, the right to go before a parole board after serving seven years of a sentence does not necessarily lead to release. The parole board has a very important job to do in making a risk assessment and examining all factors when taking a decision on parole. Many people come before the parole board multiple times without being released. The recommendation of the parole board depends on the risk assessment and the views of a victim's family play an increasingly strong role in the board's decision making.

I thank Senators again for their contributions.

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