Gerard Craughwell (Independent) | Oireachtas source

I congratulate my colleague, Senator Marie-Louise O'Donnell, on the introduction of the Minimum Custodial Periods upon Conviction for Murder Bill 2017. This is the work of the Seanad. The Seanad is about righting legislation that is wrong or in some way flawed. I am happy and proud to support my colleague Senator O'Donnell.

I welcome the clarity this Bill offers the Judiciary in making sentencing decisions and the reassurance that it will offer families bereaved by murder. I welcome the members of AdVIC who are in the Visitors Gallery today. I know how important this legislation is to them. We all know that a conviction for murder carries with it a life sentence, but a life sentence does not mean the person convicted will spend the rest of his or her life in prison. In fact, life sentenced prisoners can have their cases reviewed by a parole board after seven years. In 2013, the Law Reform Commission recommended by a majority that the mandatory life sentence for murder should be retained. It also recommended, unanimously, that legislation be enacted to permit a judge who imposed a life sentence for murder to recommend a minimum period which the person should serve in custody. This Bill offers a framework for judges by suggesting minimum custodial sentences of 25, 30 and 40 years, depending on the seriousness of the murder upon conviction.

The Bill is explicit in its categorisation of murders and if enacted will ensure that those convicted will be given sentences appropriate to the nature of the crime committed. We all know that murder is a heinous crime and this Bill introduces within the concept of murder the categories of "most serious upon conviction", "serious upon conviction" and "other cases upon conviction". In determining the category of seriousness, judges are offered detailed guidelines such as whether or not violence was used, whether the murderer had previous convictions and other aggravating factors. Mitigating factors, such as the age of the murderer, will also be taken into consideration by the sentencing judge. The Bill leaves it up to the court to determine the weight to be applied to any category, and contrary to what some commentators believe, it does adhere to the concept of judicial independence and discretion to impose sentences in line with the severity of the offence within specific guidelines.

One of the most important aspects of this Bill is the opportunity it provides for the court to consider, where appropriate, victim impact statements. The value of human life, the unimaginable loss to families and communities should always remain central to the seriousness of murder. This Bill, while giving full discretion to the court to decide on whether victim impact statements should be considered also allows them to form part of the reason for imposition of a specific minimum custodial sentence. I welcome this aspect of the Bill. I do not see it in any way taking away from the rights of the offender. As stated by my colleague, there has been a slow evolution from mandatory life sentence for murder in the 1960 Criminal Justice Act to the commonplace early release of prisoners serving life sentences. While I am a great supporter of rehabilitative justice and the outstanding work done by the State probation service, I also believe in justice for victims and the value of an appropriate sentencing system as a solid deterrent against further crimes of murder. I agree that this Bill needs some refinement but I would strongly urge the Minister of State to accept it today and to amend it as necessary on Committee Stage.

We have spoken in this House a number of times about members of An Garda Síochána and young adults who go at night never to return home, taken in the most violent manner from the people who loved them most, leaving families with no opportunity to say good-bye. We cannot allow the system to continue as is. This Bill, while a simple Bill, is an important Bill because it takes away the uncertainty. It gives back to the victims, the people left behind, some semblance of justice. Murder is vicious. Murder takes from the family. It takes the lives of those they loved. We must keep the crime of murder in our focus. The son of one of my dearest friends was murdered on a night out. His parents had no chance to say good-bye to him and no opportunity to understand what happened. They had no further contact with a son they watched grow up and achieve at the highest level in university. He was beaten to death with a concrete block. He was murdered. The parents of that young man had no opportunity to say to they are sorry while their son's murderer will be out of prison in a few years and walking the streets again. We must see this Bill through to enactment. Whatever amendments the Minister of State of his officials believe are necessary I am sure my colleague, Senator O'Donnell, will be open to them, provided they are realistic. We must support her and this Bill. I am proud to do so today. I hope that when we leave here this evening it will have been agreed to allow this Bill to progress to the next Stage.