Seanad debates

Wednesday, 13 February 2019

Criminal Law (Sexual Offences) (Amendment) Bill 2018: Second Stage

 

10:30 am

Photo of Martin ConwayMartin Conway (Fine Gael) | Oireachtas source

I welcome the Minister of State. As I remember when this legislation was flagged, it is great to see it being progressed. I congratulate the Minister of State.

It was bizarre that there were different sentences for males and females who perpetrated crime. It does not embody the equality we all want to see. It was inappropriate, not in keeping with best international practice and did not meet the standard we wanted to set. Therefore, I welcome the new provision. On the maximum sentence of ten years replacing a life sentence for a man and seven years for a female convicted of this heinous crime, I think the life sentence for both should be left as it is. That would give the judges a bit of discretion. In fairness, the Minister and his officials and advisers probably have a reason. Perhaps that is the international best practice or the international standard. There is logic to a sentencing commission but that is a much bigger discussion and is not for this Bill. An operation like the Citizens' Assembly or the Law Reform Commission, if it has not considered it already, could look at it. Judges do not always get it right. They differ. Some people go to jail and others do not. It is a bit like "doctors differ and patients die". There is logic in a certain standardisation but it is a much bigger discussion.

I suspect and hope that there is unanimous support for the Bill in the House. The father of the House, Senator Norris, will concur with me when I say that there is one message that Seanad Éireann does deliver. When it comes to issues that are of national importance like this, Seanad Éireann has a custom of being very united. This Bill is important. We should sometimes look at the glass as being half full. Too often we see it as half empty. This is progress. It follows the domestic violence legislation that was signed into law just after Christmas by President Higgins.

I have just come from the Oireachtas Joint Committee on Justice and Equality where we had the new Garda Commissioner, Drew Harris, in for three hours of intensive scrutiny by people from across the political spectrum. He performed very well. I believe he has the confidence of the public and that the public is very much still with him. He is very accessible. He told us in the committee today that any individual who wanted could ask to see him and discuss their case with him, whether they are a victim of crime or someone involved in a road traffic collision. He is endeavouring to meet those who have felt they were not properly listened to or taken seriously by An Garda Síochána. If a member of the public writes to the Garda Commissioner looking for a meeting, it is a very positive step that the Commissioner would meet him or her. We are a country of 4 million people and if someone writes to or rings the Minister of State, Deputy Moran, or any of us, we are prepared to meet them. It is certainly very positive.

Of course, when it comes to sexual violence there is a lot that needs to be done. We need to put resources into supporting the victims of sexual violence. The whole issue of how victims are treated is an area where we have not covered ourselves in glory over the years. There is now resolve and determination and an understanding that victims need to get support, particularly victims of sexual crime. During the court process, there is a lot to be said for supports for victims of crime while the trial is taking place. That is something we can always do better on. Ireland being the country it is, many prosecuting gardaí give enormous support to victims above and beyond the call of duty. The Garda force has often been kicked around, as it were, certainly in recent years. We have to recognise the good work gardaí do as well.

I do not think the Minister of State is going to have any opposition to this important legislation in this House.

Comments

No comments

Log in or join to post a public comment.