Seanad debates

Tuesday, 2 April 2019

Judicial Council Bill 2017: Committee Stage

 

2:30 pm

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein) | Oireachtas source

I move amendment No. 1:

In page 7, line 22, to delete “Sentencing Information Committee” and substitute “Sentencing Information and Guidelines Committee”.

Cuirim fáilte roimh an Aire tar éis an phíosa reachtaíochta seo a lua. I welcome the Minister to discuss Committee Stage. I indicate my intention to withdraw a series of amendments, including Nos. 1, 5, 12, 16, 18, 22, 25, 28, 39, 42, 52 and 54. I am doing that because the Minister has tabled amendments which cover these issues and I do not wish to duplicate them. I acknowledge the role of my colleagues, Deputy Ó Laoghaire and an Seanadóir Mac Lochlainn, in pressing the issue and advocating for sentencing guidelines to be introduced over recent years, a move which has been welcomed by many stakeholders in the area. In accepting the amendments tabled by the Minister, I believe that we as legislators have delivered on the concept of the sentencing guidelines similar to those of other jurisdictions, which has long been sought by groups representing the victims of crime and sexual violence, such as Dublin Rape Crisis Centre and the Rape Crisis Network.

This is a landmark moment for the justice system. I expect that, ultimately, the majority of criminal cases in this State will see a judge having to take into account sentencing guidelines for that offence in future, making it a significant move. Far too often, we have seen victims feeling severely wronged as perpetrators of crime have been faced with inadequate and inappropriate sentencing. Everybody agrees that the severity of a sentence must match the severity of the crime. There are too many instances where this is not the case. While the vast majority of judges balance the considerations well, it is our view that sentencing guidelines will tackle the issue of unsuitable sentences being handed down, and we believe that the public deserves to know that offenders will receive a sentence that fits the crime and that heinous crimes will be met with stiffer sentences. People deserve to know that there is a basis for calculating that sentence.

I am not sure if the publishing of sentencing information has been addressed within the Minister's amendments. I may well come back to it later and consider some further amendments on Report Stage. I look forward to the Minister's contribution. Sentencing information should be publicly available in the name of transparency and allowing stakeholders to scrutinise it where it is deemed to be inappropriate, whether due to a lack of or failings of existing guidelines. I thank the Minister for working with us on this. It is a good example of how progressive measures can be introduced with cross-party support and a collaborative approach in this House.

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