Niall Ó Donnghaile (Sinn Fein) | Oireachtas source

I welcome the Minister and the Bill we are debating. I understand entirely the intention behind it and commend Senator Gallagher and his colleagues. The spirit of the Bill is clear and worthwhile, particularly given the many instances in which emergency service workers have found themselves on the front line, vulnerable, dealing with situations that put them in the way of unnecessary harm, threat and danger. By their very nature, emergency service workers are all too willing to step into the bearna baoil and put themselves front and centre for the protection and welfare of their fellow citizens. We must acknowledge and commend that reality in tonight's debate.

I have some political issues in that I believe when emergency services find themselves in these vulnerable positions, more often than not it is because we have not adequately addressed or invested in the issues for which support is needed. We know of many cases in which people in the healthcare sector have to deal with those who are vulnerable and have mental health and addiction issues. This is in no way to take away from the core premise of the Bill. Many times, they should not have to find themselves in those threatening or precarious situations, but they do. I would contest at this early stage in the debate that we have not invested to deal in the right way with a lot of the societal realities that exist and that present very real threats to our emergency service professionals. That said, of course there are other instances in which members of An Garda Síochána or people who work in our hospitals have found themselves under threat from thugs, people who are just out to wreck and ruin. They should face the full rigours of the law.

I am of a view that in accepting the amendments to the Judicial Council Bill, we as legislators have delivered on the concept of sentencing guidelines similar to those of other jurisdictions, something that has long been sought by groups representing victims of crime in all of its many forms. It is my opinion that this was a landmark moment for the Irish justice system.I expect ultimately that the vast majority of criminal justice cases in the State will see a judge having to take into account sentencing guidelines for the offence in the future, making it a very significant move. Far too often, we have seen victims feeling severely wronged as the perpetrators of crime have been faced with inadequate and inappropriate sentencing. Everybody agrees that the severity of a sentence must match that of the crime. There are currently too many instances where this is not happening. While the vast majority of judges balance the considerations well, the sentencing guidelines will tackle the issue of unsuitable sentences being handed down. The public deserve to know that offenders will receive a sentence that fits the crime and that heinous crimes will be met by stiff sentences. They deserve to know that there is a basis for calculating a sentence.

We have indicated in the past in other debates, as the Minister will know, that we are opposed to mandatory sentencing on that basis. We believe judges should have the flexibility to deal with crimes as they present themselves. I said to my colleagues in Fianna Fáil who have moved this Bill tonight, that that is not to dilute or take away from what they are trying to do here. It is to enable, empower and allow our judges to be free and able to deliver the type of sentencing that is warranted to perpetrators of crime such as those referenced in tonight's debate, in each individual case. We will not be opposing this Bill and may engage with colleagues as to how we can refine it at later Stages, to take some of our concerns into consideration as we move forward. I do not doubt for one moment the intention behind Senator Gallagher's moving of this Bill. We want to ensure that it is as good as it can be and we will work with colleagues and with the Minister and his officials to that end.