Colm Burke (Fine Gael) | Oireachtas source

I welcome the Minister of the State to the House. When Senator Marie-Louise O'Donnell came to me with this legislation, I was totally opposed to it. Having listened to the debate and the proposals she has made and having looked at the Bill, I do not think I want to close the door on it now. I would agree with other Senators that it is a matter that should be considered. I am not saying I agree with it but it is important that we have a debate on the matter. We have fairly good checks and balances in this country in the area of sentencing and how we deal with criminal prosecutions. The courts and the appeals process have been used very effectively. It is not so many years since the Director of Public Prosecutions did not have a right of appeal in regard to sentences imposed. However, that has changed, which is welcome. There is a right of appeal on both sides on the severity or the leniency of sentences and that ensures there is a level playing field for everyone.

The Bill sets out various ways on how a decision is arrived at, that is, making the final decision about what sentence is appropriate. However, despite all the variations and the options in the Bill, it still sets out in stone certain aspects. It removes the role of the courts in doing that.In this country we have a clear separation of powers which has worked very well. We should examine the various roles of the different arms of the State and we should not always have the view that because we have done something for the past 50 years we should do the same for the next 50 years, because that may not necessarily be the case.

I welcome the Bill. It is appropriate that we have such a debate. Some of its aspects should be given consideration. We should not close the door fully on the matter. I thank Senator Marie-Louise O'Donnell and all of those involved in bringing forward the Bill. We must remember that we are here to deal with legislation. It is only right that legislation is not the sole preserve of Government Departments or Ministers. We all have a part to play in enacting legislation. I welcome the debate and this issue needs to be examined further over the next few months.