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

I have listened with interest to what the Senator has said about the need for a review of current mandatory minimum and presumptive sentencing provisions.Regardless of the merits of the proposal, however, the Bill does not provide the appropriate home for it. It is concerned with the Judiciary and the additional functions they are being given courtesy of its new provisions. It is not concerned with the way the Executive arm of the Government should address a particular matter, nor is it concerned with substantive matters to do with sentencing policy. The content of the amendment is more appropriately a matter for a criminal law Bill. It simply does not fit within the structure of this Bill.

As Senators may be aware, the traditional approach to sentencing is for the Oireachtas to lay down a maximum sentence and for a court to impose an appropriate penalty up to that maximum, having considered all the circumstances of the case and applying the principle of proportionality. There are some exceptions to this, such as a mandatory sentence for murder and a presumptive minimum sentence for certain drug trafficking and firearms offences. Such sentences were introduced because of the impact such offences have on society and on communities in particular. Such sentences are under consideration by the Department of Justice and Equality. That consideration has been given added impetus by a recent decision of the Supreme Court. Departmental officials are examining the judgment and its implications for existing legislation, together with the Office of the Attorney General. Any necessary recommendations arising from that consideration will be brought to the Government in due course.