Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

Gabhaim buíochas leis an Aire Stáit as a bheith linn. Sinn Féin broadly supports the Bill. It appears to contain changes in the law that we believe to be sensible and necessary, especially in respect of equalisation of proposed sentencing between genders, as has been touched on.I believe much more could be done in terms of the sentencing guidelines. The Bill has two primary purposes, which are to amend the Punishment of Incest Act 1908 to address gender anomalies, and to amend the Criminal Law (Sexual Offences) Act 2017 to provide minimum sentences for repeat sex offenders. We support both purposes. Sinn Féin and Fianna Fáil raised the issue of sentencing harmonisation during the debate on the 2017 Act. The Minister listened to the points put during the debate and responded in this Bill, with a sentence of up to ten years to apply to men and women.

Anomalies remain in the law on incest which require further consideration. The wording still implies that a woman cannot initiate incest, as it is worded, "Any woman who permits". Likewise, it is limited to carnal knowledge, and therefore excludes acts of abuse and incest that fall short of intercourse. It also excludes certain sexual relationships. These elements require amendment and I ask the Minister of State to consider this as an opportunity to address them.

The significant amendment to the Act of 2017 is detailed and welcome. It covers circumstances where an offender is convicted of a sexual offence listed in the Schedule to the Criminal Law (Sexual Offences) Act 2017 and is sentenced to imprisonment for a period of at least five years, and is subsequently, within a period of ten years, convicted of a further offence listed in the Schedule. The court shall, when imposing sentence for that offence, specify the minimum term of imprisonment to be served by the person. The minimum period of imprisonment shall be three quarters of the maximum term of imprisonment prescribed by law. In respect of such an offence and where the maximum term is life, the minimum shall be specified as a term not less than ten years. The court will have discretion in the application of the sentence if it is satisfied that this would be disproportionate in all the circumstances of the case. In circumstances where an offender has committed a second sexual offence while being sentenced for the first one, the length of the sentence handed down for the second offence will be a minimum of three quarters of the first sentence. Discretion on sentencing is built into the Act, hence a presumptive minimum, as opposed to a mandatory minimum, will be in place. This was described by Mr. Thomas O'Malley in Sentencing Law and Practice as a, "significant safety valve".

Repeat offenders are clearly very dangerous to the public and have not engaged in or benefitted from any rehabilitation services provided to them. Sexual assault or any crime of a sexual nature is a very serious crime and should carry one of the highest penalties. While not perfect, the law dealing with sexual offences is ever changing. We can still do much more to protect the victims of sexual offences, be that their treatment by the courts or increasing funding to services dealing with victims of such crimes.

Generally speaking, there is a lack of public confidence in the State's institutions with a direct responsibility for keeping the public safe, namely, the police and the Judiciary. There is an urgent need for An Garda Síochána to modernise its IT systems to ensure that its capacity to record data is accurate, fit for purpose and helps to arrest and convict criminals. This matter was touched on by the Commission on the Future of Policing in Ireland. The Minister of State must address this as a matter of priority going forward. A better and more comprehensive approach to reform of sentencing where it relates to sexual offences is required. The Minister for Justice and Equality has agreed with my colleague, Deputy Ó Laoghaire, and said that he supports this approach and that it must be progressed.

There are wide disparities in sentencing, including sentencing for sexual offences. There are undoubtedly issues relating to inconsistency, leniency and late sentences. Time and again sentences are handed down which are, quite frankly, inadequate. As a result the public does not trust the justice system to deliver sentences which fit the crime. As legislators we have a duty to address what is a considerable issue regarding sentencing. It is my party's belief that collating, publishing and ensuring judges have these parameters is the best way to ensure consistency in sentencing. The Minister for Justice and Equality needs to respond to the assurances he has already given regarding minimum sentencing guidelines as we move ahead and, I hope, in his absence, that the Minister of State may be able to touch on some of that.

Sinn Féin will be supporting the Bill. Sexual offences, we all know and agree, are especially heinous, intrusive and inherently violent and cause long-lasting damage to their victims. It is important that we have strong enough legislation to enable us to tackle it, and to ensure that the sentences fit the crime.