Michael D'Arcy (Wexford, Fine Gael) | Oireachtas source

On numerous occasions I have heard Senator Reilly express his strong view that, when guidelines are not being adhered to, the court should explain why that is the case. This amendment gives that idea legal effect. I thank the Senator in that regard.

I hope that what we are doing in respect of sentencing guidelines will be done in conjunction with the Judiciary. We are outlining in legislation the direction in which we want things to flow. Can I tell Senator Ruane that the committee will carry out public consultation? I cannot but I hope and anticipate that, if it is required, it will be done. The aim of everything in this Bill, including the insurance side of it, is to improve the structures between people, sentencing and the Judiciary. That will benefit everybody. I do not have a principled objection to the Senator's amendment, but there are already two provisions in the Bill which will allow this to be done. I cannot make the committee do so if it does not want to. It is important that we accept that the Judiciary is our partner in this. The Bill should seek to influence the flow of events rather than to give instructions.