Robbie Gallagher (Fianna Fail) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit ar ais go dtí an Teach. Fianna Fáil is delighted to support the Bill, which addresses the constitutional issues that emerged in the Supreme Court judgment in the Wayne Ellis case in 2019. In that instance, the Supreme Court found that the Oireachtas could impose mandatory prison penalties but only if they applied to all persons. It is not constitutionally permissible for the Oireachtas to specify a mandatory sentence which only applies to a limited class of persons, such as a person who had previously committed one or more listed offences. The court held that the application of a penalty in such cases in the administration of justice and under Article 34 of the Constitution may only be administered by the courts. A number of other similar legislative provisions provide for mandatory minimum sentences for second or subsequent offences contained in firearms and misuse of drugs legislation. It is essential that other laws containing similar provisions should be repealed.

It is important that this legislation passed quickly as it has been advised that no further sentencing hearings should proceed until the relevant legislation has been amended. The DPP has given instructions to that effect. It is critical that no delays should occur with this legislation after, of course, it has been properly scrutinised. It is important that the free flow of the courts system is not blocked by this. However, the Supreme Court ruling does not have any impact on laws which provide for presumptive minimum sentences where there is judicial discretion. The Minister of State referred to this legislation as small but significant, which is a very accurate description.

It is important that we proceed with haste with the Bill. It is limited in scope and targeted at discrepancy that has been highlighted. I look forward to its speedy passage through the House.